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

Travel trailers and recreational vehicles may be stored only within the side or rear yard (behind the setback line) and shall be prohibited from occupancy.

(a)

General rule. All walls, fences, and hedges parallel to a public right-of-way must be approved by permit as provided in this subsection.

(1)

Permit issuance. Upon application of a landowner, the zoning administrator will determine whether a proposed wall, fence or hedge would (i) unreasonably impair sightlines for motorists or pedestrians using a public right-of-way or (ii) unreasonably endanger public safety by obstructing the building from public view. In the absence of such risk or impairment, the zoning administrator shall issue the permit. The zoning administrator shall consult with the chief of police in making determinations under this subsection.

(2)

General permits. The zoning administrator may issue general permits for certain classes of walls, fences and hedges, such as those which are four feet or less in height, to eliminate the need for an application under subsection (1).

(3)

Pre-existing violations. Any wall, fence or hedge installed prior to April 9, 2018, is not a violation of this section and shall continue to be governed by pre-existing law.

(b)

Violations. Any violation of this section shall be subject to the enforcement remedies and penalties set forth in chapter 42 of the town Code.

(Ord. No. 2005-11-11, § 1, 11-14-2005; Ord. of 4-9-2018(1))

Editor's note— An ordinance adopted April 9, 2018, changed the title of § 503 from "Visibility at intersections" to read as herein set out.

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

504.2. Height limit: residential and commercial districts. Unless otherwise provided herein, fences in commercial and residential districts shall not exceed a height of six feet as measured from the top most point thereof to the ground or surface along the centerline of the fence. Any fence parallel to a public right-of-way is governed by the requirements set forth in section 503.

504.3. Height limit: industrial and public buildings. Fences surrounding industrial sites, public playgrounds, institutions or schools may not exceed a height of 14 feet.

504.4. No setback applicable. Notwithstanding any other provision of this ordinance, a fence is not a structure and may be located along or parallel to a property line without regard to any setback or yard requirements.

(Ord. of 4-9-2018(2))

Every building hereafter erected or moved shall be on a lot adjacent to a public street and all buildings shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

506.1. When an existing, or newly constructed, residential, commercial, industrial or institutional building is occupied for any use, minimum off-street parking spaces with adequate provisions shall be provided in conjunction with appropriate ingress and egress. Unless a parking waiver is requested in accordance to section 506.22 of this code, the standard dimensions of a parking space shall measure 10 feet by 20 feet (10 ft. × 20 ft.) and cover 200 square feet of area. Parking spaces and access driveways shall be covered with an appropriate surface, and shall be graded in order to facilitate appropriate site drainage.

(Ord. of 11-9-2015)

506.2. A driveway or parking space shall be at least three feet from a property line and no parking space for a multiple-family dwelling shall be less than ten feet from a residential structure on the lot.

506.3. When an existing, or newly constructed, residential, commercial, industrial or institutional building is occupied for any use, minimum off-street parking spaces with adequate provisions shall be provided in conjunction with appropriate ingress and egress.

(Ord. of 11-9-2015)

506.4. The parking spaces required for other land uses shall be located on the same lot as the principal use or on a properly zoned lot which is within 1,200 feet of the principal use, such distance being measured along street lines abutting the property and such land shall be owned or leased be the operator of the principal use. Publically developed parking lots, located within 1,200 feet of the use may be utilized, but shall only satisfy 75 percent of the total number of parking spaces required for the principal use.

(Ord. of 11-9-2015)

506.5. Collective provision of off-street parking facilities for two or more structures or uses is permissible, provided that the total number of parking spaces is at least equal to the sum of the minimum number of required spaces computed separately for each use. Collective parking is subject to all previously stated parking requirements. However, before such spaces are collectively provided or used, a written agreement thereto assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the town attorney, and shall be filed with the zoning administrator.

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

(Revision of 7-9-1984)

506.7. Hotels and motels shall provide on the lot parking space for one automobile for each guest room or residence unit, plus one additional space for each ten guest rooms or residence units, plus required parking for any restaurant and/or assembly space, plus one space for each employee on the maximum shift.

(Mo. of 4-10-1995)

506.8. For church and school auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly, there shall be provided at least one off-street parking space for every four fixed seats, based on the maximum seating capacity in the main place of assembly for the building. For assembly halls without fixed seats, there shall be provided one parking space for each 100 square feet of usable floor area.

506.9. For public or private nursery, day care, kindergarten, elementary, intermediate or high schools, there shall be provided one parking space for each teacher, employee, or administrator, whether full or part time, whose activities are conducted between the hours of 8:00 a.m. and 4:00 p.m. in addition to the requirements of the auditoriums. In addition, high school shall provide one parking space for every 20 students for the maximum rated capacity of the school, as determined by the school board.

506.10. Parking space already provided to meet off-street parking requirements for stores, office buildings, and industrial establishments lying within 1,200 feet of the place of public assembly as measured along lines of public access, and which are not normally in use on Sundays or between the hours of 6:00 p.m. and midnight on other days, may be used to meet not more than 75 percent of the off-street parking requirements of a church or other similar place of public assembly.

506.11. For hospitals, there shall be provided at least one parking space for each two beds based on the maximum capacity in terms of beds, including those of infants and children, plus one space for each employee or staff member on maximum shift excluding doctors.

506.12. For medical and dental clinics, there shall be provided at least one parking space for each 200 square feet of floor area, or ten spaces, whichever is greater. In addition, three parking spaces shall be provided for each doctor or dentist in excess of three doctors and/or dentists having offices in such clinic.

506.13. For homes for adults, there shall be provided at least one parking space for each six beds, plus one space for each employee on maximum shift.

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

506.14. For retail stores selling directly to the public, there shall be provided one parking space for each 200 square feet of retail floor space in the building unless otherwise specified herein.

506.15. For funeral homes and mortuaries, there shall be one parking space for each four seats in chapels or parlors with fixed seats, or one parking space for each 100 square feet of floor area for assembly rooms without fixed seats for services, plus five parking spaces for employees in both instances noted above.

506.16. For restaurants (other than drive-in restaurants), there shall be provided at least one parking space for each four seats, or one space for each 50 square feet of gross floor area, whichever is greater. In addition, one parking space shall be provided for each employee on maximum shift.

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

506.18. For industrial establishments or wholesale establishments, there shall be provided one parking space for each 1½ employees computed on the basis of maximum number of individuals employed within an eight hours shift, plus space to accommodate all trucks and other vehicles used in connection therewith.

506.19. Any commercial building not listed above and hereafter erected, converted, or structurally altered, shall provide one parking space for each 200 square feet of business floor space in the building.

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

506.21. Where a parking area adjoins a lot in a residential zone, suitable landscaping shall be planted between the parking lot and the adjoining property or street line. A plan for such planting shall be submitted to the administrator with a request for a zoning permit.

506.22. Because many existing downtown structures were constructed prior to the widespread use of vehicles, a reduction in required parking spaces, and variations in parking space dimensional requirements, may be requested. For all uses proposed to be operated from an existing, or newly constructed structure, located in Luray's downtown business district (extending from Memorial Drive to Bristol Avenue) which contain frontage and/or are located within 250 feet from Main Street, may request a waiver from the standard parking requirements detailed in this code section. The applicant shall be required to adhere to the following procedures in order to be granted a parking waiver:

(a)

The applicant shall provide the zoning administrator with a written request seeking a waiver from the parking standards required by this code section. This request must be provided to the zoning administrator and shall detail the proposed use(s) of the subject structure and specifically enumerate the total number parking spaces required under this code section; in conjunction with the written request, additional documents—such as a basic site plan sketch or visuals—may be requested. The applicant must detail the number of proposed off-street parking spaces, and demonstrate that a reasonable effort has been made to maximize off-street parking on-site and/or on nearby areas where off-street parking may be available by lease or agreement. In addition, a general summary of the existing on-street parking conditions should be addressed in this waiver request. These documents will be reviewed by the zoning administrator and forwarded to the town council for consideration at its next regularly scheduled meeting. The town council shall review the waiver request and render an approval, approval with proposed modifications or disapproval.

(b)

If a requested parking waiver is approved, and the subsequent use of the subject structure is changed or significantly modified, the zoning administrator may request that the previously submitted parking waiver be reviewed as detailed in 506.22(a) of this code.

(Ord. of 11-9-2015)

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

507.2. Such space or spaces shall be a minimum of 15 feet wide and 50 feet in length with a minimum clear height of 15 feet. Off-street truck loading space shall be provided at a rate of one space for the first 10,000 square feet or less of gross floor area, plus a minimum of one additional space for each additional 40,000 square feet of gross floor area or part thereof. For the purpose of this section, gross floor area shall also include gross outdoor storage area, whether covered or uncovered.

508.1. Special use permits for temporary mobile homes and temporary mobile home parks may be issued by the governing body, subject to the following conditions:

(a)

That the location of a temporary mobile home and temporary mobile home park is necessary for the housing of construction workers employed on an industrial or highway construction project, or used as an office.

(b)

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

(c)

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

(d)

That sanitary facilities conform to the state health department's "Trailer Camp Sanitation" requirements.

(e)

That the period for operating such temporary mobile home and temporary mobile home park shall concur with the anticipated period of the construction. Applications for renewal may be submitted if more time is required to complete the project. However, such renewal applications must be filed at least 90 days prior to the expiration of the original temporary use permit.

508.2. Bond: The governing body, in granting such a special use permit, may require the posting of a bond to assure that the temporary mobile home and temporary mobile home park will be removed and the site left in good order at the expiration of the permit.

508.3. The governing body shall establish such additional requirements as are in the best interest of the public.

509.1. Establishment of approach zones:

(a)

The commission shall determine whether there exists any areas which would be involved under the Federal Aviation Administration's criteria for determining obstruction to air navigation. If there are, they shall be marked on a copy of a zoning map in the office of the administrator. It shall be available to the public for examination.

(b)

The administrator shall prepare such height and other regulations governing the construction of buildings within such areas. They are to be consistent with the Federal Aviation Administration's recommendations. Following approval by the governing body, the administrator shall enforce these regulations.

(c)

Places of public assembly, such as schools, churches, hospitals, apartment houses, theaters, and assembly halls shall not be erected or otherwise located in any area which would be classified as an "approach zone." This "zone" includes an area of 11,000 feet from the end of any runway. The "approach zone" for airports accommodating heavy jet aircraft extends out 3½ miles from the end of the runway.

510.0. Townhouses (single or multiple buildings constructed on one lot): For single and multiple buildings constructed on one lot, the following area regulations, minimum lot widths, minimum yard requirements, maximum building heights and minimum parking space requirements shall apply:

(1)

Area regulations:

a.

Minimum lot size for townhouse construction: 20,000 square feet.

b.

Minimum lot area per dwelling unit: 2,500 square feet.

(2)

Minimum width:

a.

Minimum lot width for development: 125 feet at setback line.

b.

Minimum lot width per townhouse unit: 20 feet for three-bedroom unit and 16 feet for two-bedroom unit.

1.

In the case of a lot at the end of a row of townhouses, the minimum lot width shall be 30 feet.

2.

For corner lots at street intersections, the minimum lot width shall be 40 feet.

(3)

Minimum requirements:

a.

Front yard: 40 feet from road right-of-way line. Required parking may be located in a front yard, but not closer than ten feet to the ultimate street right-of-way.

b.

Rear yard: 40 feet for each townhouse dwelling.

c.

Side yard: 20 feet for each end unit, 30 feet for each corner lot at street intersections. When a townhouse abuts an R-1, R-2, R-3, or R-4 District, the side yard shall be 35 feet.

(4)

Maximum building height: 2½ stories but not to exceed 35 feet.

(5)

Minimum parking space: See section 506.6. An off-street parking space shall be a minimum of ten feet by 20 feet. Parking areas shall be set back at least ten feet from property lines of the development.

510.1. Townhouses (dwelling units of townhouse buildings on individual lots):

(a)

For the purpose of area regulation, minimum width, minimum yard requirement, and maximum building height, the townhouse building will be considered as one building on one lot with side yards required for end units only:

(1)

Area regulations:

a.

Minimum lot size for townhouse construction: 20,000 square feet.

b.

Minimum lot area per dwelling unit: 2,500 square feet.

(2)

Minimum width:

a.

Minimum lot width for development: 125 feet at setback line.

b.

Minimum lot width per townhouse unit: 20 feet for three-bedroom unit and 16 feet for two-bedroom unit.

1.

In the case of a lot at the end of a row of townhouses, the minimum lot width shall be 30 feet.

2.

For corner lots at street intersections, the minimum lot width shall be 40 feet.

(3)

Minimum requirements:

a.

Front yard: 40 feet from road right-of-way line. Required parking may be located in a front yard, but not closer than ten feet to the ultimate street right-of-way.

b.

Rear yard: 40 feet for each townhouse dwelling.

c.

Side yard: 20 feet for each end unit, 30 feet for each corner lot at street intersections. When a townhouse abuts an R-1, R-2, R-3, or R-4 District, the side yard shall be 35 feet.

(4)

Maximum building height: 2½ stories but not to exceed 35 feet.

(b)

Minimum parking space. See section 506.6. An off-street parking space shall be a minimum of ten feet by 20 feet. Parking areas shall be set back at least ten feet from property lines of the development.

(c)

Individual water and sewer service must be provided for each dwelling unit.

(d)

Individually metered utilities such as electric power, LP gas, or natural gas must be provided for each dwelling unit.

510.2. Other regulations for all townhouse construction:

(a)

Each dwelling shall be separated by a noncombustible party wall going to the roof with a fire resistance of not less than two hours' duration or the current requirements of the Virginia Uniform Statewide Building Code, whichever is greater.

(b)

Each townhouse and/or townhouse parking area shall front on a dedicated public street.

(c)

Concrete curb and gutter shall be installed along both sides of all streets within the development. However, should a street act as a boundary for townhouse developments, curbs and gutters need only be installed on the side of the street adjacent to the development.

(d)

Sidewalks of four feet in width, constructed of concrete or other solid material, shall be installed from parking areas to all townhouse structures served by such parking areas.

(e)

The radius of cul-de-sacs shall be at least 50 feet. No more than 25 dwelling units shall be located on any cul-de-sac.

(f)

Accessory buildings are not permitted except that on any lot there may be an enclosed storage shed not exceeding seven feet in height, nor exceeding ten feet by ten feet in area.

(g)

All townhouse-units must be individually connected to the town's public water and public sewer system.

(h)

A ten feet easement along the side and rear of properties shall be provided in townhouse developments of under three acres.

(i)

Variation in townhouse design. The facades of dwelling units in a townhouse structure shall be varied by changed front yards of not less than two feet and variation in materials and design so that not more than four abutting units will have the same front yard depth and the same or essentially the same architectural treatment of facades and roof lines.

(j)

Site plan review and approval. A site plan drawn in accordance with section 515 shall be reviewed by the planning commission and approved or rejected by the town council.

(k)

Within the townhouse development, all utilities, including telephone, television cable, and electric, shall be installed underground. Appurtenances to these systems which require above ground installation must be effectively screened, thereby exempting them from this requirement.

(l)

Townhouse developments must provide adequate drainage and an approved Erosion and Sediment Control Plan, when required by the Erosion and Sediment Control Law (Code of Virginia, § 10.1-560 et seq.).

(m)

Lighting. Lighting for buildings, interior walkways, and parking areas shall be provided for safety and convenience of residents, but it shall be so arranged as not to reflect toward any public streets or cause any annoyance to building occupants or surrounding property owners or residents.

(n)

Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be well-screened on three sides and contain vermin-proof containers.

(o)

Screening, buffering and landscaping.

1.

Upon recommendation of the zoning administrator and/or planning commission, sufficient area may be required to adequately screen and/or buffer the townhouse development from adjacent residential uses.

2.

Upon recommendation of the zoning administrator and/or planning commission, a planting plan specifying the type, size and location of existing and proposed planting material may be required. Such plan shall be submitted with the site plan.

(p)

Management of open space and improvements. Management of all common open space and improvements shall be as follows:

1.

The developer shall provide for the establishment of an incorporated property owner association of all individuals or corporations owning property within the townhouse development to insure the maintenance of all open space, common land, facilities, utilities and improvements, including but not limited to detention ponds and other erosion and sedimentation and/or stormwater management structures.

2.

An organizations established for this purpose shall meet the following requirements:

a.

The organization shall be established prior to the sale of any lots.

b.

Membership in the organization shall be mandatory for all property owners, present or future, within the townhouse development, and said organization shall not discriminate in its membership or shareholders.

c.

The organization shall manage all common open space and recreational facilities, and it shall provide for the maintenance, administration and operation of said land and improvements and any other common land within the development. It shall also secure adequate liability on such land.

d.

All such lands and improvements shall be described as to location, size, use and control in the declaration of covenants, conditions and restrictions. This declaration shall set forth the method of assessment for maintenance of such lands and improvements. Such assessments shall constitute a pro-rata lien upon the individual townhouse lots. Covenants, conditions and restrictions shall run with the land and be for the benefit of present, as well as future, property owners.

3.

All property deeds shall include the above restrictions, conditions and covenants and shall contain a prohibition against partition.

4.

The responsibility for the maintenance of townhouse exteriors, individual lawns, snow removal from other than public streets, refuse storage and other similar services, shall also be addressed by the above restrictions, conditions and covenants.

5.

The developer shall be responsible for the management and maintenance of all private common areas, easements and improvements within the townhouse development until such common areas, easements and improvements are taken over by the property owner association, and all such lands, easements and improvements shall be in good operating order and condition and in compliance with all applicable laws, codes and regulations at the time of transfer to the property owner association. The developer shall notify the zoning administrator when the transfer of control to the property owner association occurs.

6.

Maintenance of detention ponds and other erosion and sedimentation and/or stormwater management structures shall be in accordance with current town standards, as determined during the erosion and sedimentation plan approval process and as required by the subdivision ordinance of the Town of Luray. A maintenance plan for such structures shall be submitted by the developer for review at the time of erosion and sedimentation plan review. A formal agreement for maintenance of such structures shall be made with the town prior to final plat or final site plan approval, whichever is applicable, and subject to review after final site inspection, in accordance with current administrative guidelines.

7.

The town shall have the right to inspect any common area, easement, detention pond or other erosion and sedimentation and/or stormwater management structure or dedicated facility to ensure that the requirements of the Code of the Town of Luray are complied with. If the maintenance of such areas, easements, structures or facilities is neglected or becomes a danger to public health or safety, the zoning administrator shall give ten days' written notice to the responsible party to correct the violation. Upon failure to comply with this notice, the town shall have the authority to perform the work necessary to bring the area into compliance with all applicable codes and recover all costs from the owner(s).

8.

All maintenance within the townhouse development shall be provided for in such a manner so as to discharge any responsibility from the town.

9.

If the townhouse development does not include common land, a property owners association is not required.

(Ord. of 8-11-1997)

510.3. Special regulations for townhouse development of three acres and over:

(a)

Generally. For townhouse developments of three acres or more, the following regulations shall apply in addition to those previously noted:

(1)

There shall be provided 0.25 square foot of usable open space (not including parking or driveway areas) devoted to recreational use for every one square foot of gross residential floor area. This space shall take the form of parks or play areas, etc. Usable open space shall not include front, rear, or side yard areas of individual townhouse units.

(2)

All common open spaces shall be preserved for their intended purpose as expressed in the final site plan.

(b)

Management of open spaces:

(1)

Single or multiple buildings constructed on one lot, the management of open spaces will be as follows:

a.

Should individual units be for sale, open spaces should be managed by an organization conforming to the Condominium Act, Code of Virginia, § 55-79.39 et seq., as amended.

b.

Should the units be for rental purposes, the owner or rental agent shall be responsible for maintenance and management of open spaces.

(2)

For an individual dwelling unit on one lot, management of open spaces shall be as follows:

a.

There shall be an establishment of a nonprofit association, corporation, trust, or foundation of all individuals or corporations owning residential property within the townhouse development to ensure the maintenance of common space.

b.

When the development is to administer common open space through a nonprofit association, corporation, trust, or foundation, said organization shall conform to the following requirements:

1.

The developer must establish the organization prior to the sale of any lots.

2.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the townhouse development and said organization shall not discriminate in its members or shareholders.

3.

The organization shall manage all common open space, and recreational and cultural facilities, and shall provide for the maintenance, administration and operation of said land and improvements and other common land within the townhouse development.

(c)

Failure to maintain common space. In the event that the organization established to own and maintain common open spaces, or any successor organization or the designated individual (owner or rental agent), shall at any time after establishment of the townhouse development fail to maintain the common open space in reasonable order and condition in accordance with the site plan, the town council may serve written notice upon such organization, or upon the residents of the townhouse development; setting forth the manner in which the organization or individual has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the town council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be remedied. If the deficiencies set forth in the original notice or in the modifications thereof shall not be remedied within said 30 days or any extension thereof, the town, in order to preserve the taxable values of the properties within the townhouse development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the town shall, upon its initiative or upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organizations or individual, or to the residents of the townhouse development, to be held by the town council, at which hearing such organization or individual or the residents of the townhouse development shall show cause why such maintenance by the town shall not, at the election of the town council, continue for a succeeding year. If the town council shall determine that said organization or individual is not ready or willing or able to maintain the common open space in a good, clean and safe condition, the town council may, in its discretion, continue to maintain said space, subject to a similar hearing and determination in the next succeeding year and in each thereafter.

(d)

Horizontal distance. The horizontal distance between groups of townhouses shall be:

(1)

Two times the average height of the two groups of townhouses for front or rear walls facing front or rear walls;

(2)

One and one-half times the average height for front or rear walls facing side walls; and

(3)

Equal to the height of the highest building for side walls facing side walls.

(e)

Access and service. Access and service shall be provided in the front of each townhouse. Parking may be provided on the lot as carports, as an integral part of the townhouse, or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintenance, snow removal, and repairs.

(f)

Usable open space. Usable open space devoted to recreational use as herein required shall be designed for use by tenants of the development and shall be improved and equipped by the developer in accordance with plans submitted and approved by the town planning commission and town council.

(g)

Screening. Screening shall be provided of sufficient height and density to screen the site from adjoining residential districts whether R-1, R-2, R-3, or R-4. A planting plan specifying type, size, and location of existing and proposed planting material shall be submitted with the application for the permit.

(h)

Parking facilities:

(1)

Location. Required parking spaces shall be provided on the same lot as the building served:

a.

All access drives shall be at least 15 feet from any building on the lot and from exterior lot lines.

b.

If possible, parking areas shall not be designed or located so as to require or encourage cars to back into a public street in order to leave the lot.

c.

Entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site, but shall at no time exceed 30 feet in width at the street line.

d.

All dead-end parking lots shall be designed to provide sufficient back-up area for the end stalls or parking area.

e.

All access ways and parking areas shall be paved with a double surface treatment or other approved weatherproof material.

f.

Entrance and exit ways and interior access ways shall be designed so as to prevent the blocking of vehicles entering or leaving the site.

g.

Any other requirements deemed necessary by the planning commission or town council for the public safety shall be complied with.

(i)

Drainage:

(1)

A storm runoff and drainage system shall be installed by the developer in accordance with sound engineering practice so as to adequately drain the project site, to adequately dispose of all runoff and drainage away from the project site, and so as not to permit excess flow of water across streets or adjoining properties. Plans for such drainage systems shall be submitted with the application for the permit and shall be subject to approval by the town engineer.

(2)

All provisions of existing town ordinances and regulations regarding storm drainage shall be complied with.

(j)

Lighting. Lighting for buildings, access ways, and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to building occupants or surrounding property owners or residents.

(k)

Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be well screened on three sides and contain vermin-proof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.

(Revision of 7-9-1984)

511.1. Area regulations: The minimum lot size for garden apartments developments is 10,000 square feet for an apartment structure having three units, with an additional 2,000 square feet of lot area for each additional unit above three units.

511.2. Minimum lot width: 125 feet at the setback line.

[511.3.] Minimum yard requirements for development site:

(a)

Front yard: 40 feet from road right-of-way. Required parking may be located in a front yard, but not closer than ten feet to the ultimate street right-of-way.

(b)

Rear yard: 40 feet.

(c)

Side yard: 35 feet.

511.4. Maximum building height: Three stories but not to exceed 35 feet.

511.5. Other regulations for all garden apartment construction:

(a)

Each garden apartment structure and/or apartment parking area shall have areas on a dedicated public street or on an access easement meeting state department of transportation and town standards.

(b)

Concrete curbs and gutters shall be installed along both sides of all streets within the development. However, should a street act as a boundary for an apartment development, curbs and gutters need only be installed on the side of the street adjacent to the development.

(c)

Sidewalks of four [feet] in width, constructed of concrete or brick, shall be installed from parking areas to all apartment structures served by such parking areas.

(d)

The radius of cul-de-sacs shall be at least 50 feet. No more than 25 dwelling units shall have sole principal access on any cul-de-sac.

(e)

Minimum parking space. See section 506.6. An off-street parking space shall be a minimum of ten feet by 20 feet.

(f)

Site plan review and approval. A site plan drawn in accordance with section 515 shall be reviewed by the planning commission and approved or rejected by the town council.

511.6. Special regulations for garden apartment development of two acres and over: For garden apartment developments of two acres or more, the following regulations shall apply in addition to those previously noted:

(a)

Generally. There shall be provided 0.25 square foot of usable open space (not including parking or driveway areas) devoted to recreational use for every one square foot of gross residential floor area. This space shall take the form of parks or play areas, etc.

(b)

Management of open spaces. For single or multiple buildings constructed on one lot, the management of open spaces will be as follows:

(1)

Should individual units be for sale, open spaces should be managed by an organization conforming to the Condominium Act, Code of Virginia, § 55-79.39 et seq., as amended.

(2)

Should the units be for rental purposes, the owner or rental agent shall be responsible for maintenance and management of open spaces.

(c)

Failure to maintain common space. In the event that the organization established to own and maintain common open spaces, or any successor organization or the designated individual (owner or rental agent), shall at any time after establishment of the garden apartment development fail to maintain the common open space in reasonable order and condition in accordance with the site plan, the town council may serve written notice upon such organization, or upon the residents of the garden apartment development, setting forth the manner in which the organization or individual has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the town council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be remedied. If the deficiencies set forth in the original notice or in the modifications thereof shall not be remedied within said 30 days or any extension thereof, the town, in order to preserve the taxable values of the properties within the garden apartment development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the town shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organizations or individual, or to the residents of the garden house development, to be held by the town council, at which hearing such organizations or individual or the residents of the garden house development shall show cause why such maintenance by the town shall not, at the election of the town council, continue for a succeeding year. If the town council shall determine that said organization or individual is not ready or willing or able to maintain the common open space in a good, clean and safe condition, the town council may, in its discretion, continue to maintain said space, subject to a similar hearing and determination in the next succeeding year and in each thereafter.

(d)

Horizontal distance. The horizontal distance between groups of garden apartments shall be:

(1)

Two times the average height of the two groups of garden apartments for front or rear walls facing front or rear walls;

(2)

One and one-half times the average height for front or rear walls facing side walls; and

(3)

Equal to the height of the highest building for side walls facing side walls.

(e)

Parking. Parking may be provided in a joint parking facility for a group of apartments with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintenance, snow removal, and repairs.

(f)

Usable open space. Usable open space devoted to recreational use as herein required shall be designed for use by tenants of the development and shall be improved and equipped by the developer in accordance with plans submitted and approved by the town planning commission and council.

(g)

Screening. Screening shall be provided of sufficient height and density to screen the site from adjoining residential districts whether R-1, R-2, R-3, or R-4. A planting plan specifying type, size, and location of existing and proposed planting material shall be submitted with the application for the permit.

(h)

Parking facilities:

(1)

Number of spaces. Off-street parking, whether garage or on-lot, shall be provided on the premises in accordance with section 506.6.

(2)

Location. Required parking spaces shall be provided on the same lot as the building served:

a.

All access drives shall be at least 15 feet from any building on the lot and from exterior lot lines.

b.

Parking areas shall not be designed or located so as to require or encourage cars to back into a public street in order to leave the lot.

c.

Entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site but shall at no time exceed 30 feet in width at the street line.

d.

All dead-end parking lots shall be designed to provide sufficient back-up area for the end stalls of parking area.

e.

All access ways and parking areas shall be paved with a double surface treatment or concrete covering.

f.

Entrance and exit ways and interior access ways shall be designed so as to prevent the blocking of vehicles entering or leaving the site.

g.

Any other requirements deemed necessary by the planning commission or town council for the public health and safety shall be complied with.

(i)

Drainage:

(1)

A storm run-off and drainage system shall be installed by the developer in accordance with sound engineering practice so as to adequately drain the project site, to adequately dispose of all run-off and drainage from the project site, and so as not to permit excess flow of water across streets or adjoining properties. Plans for such drainage systems shall be submitted with the application for the permit and shall be subject to approval by the town engineer.

(2)

All provisions of existing town ordinances and regulations regarding storm drainage shall be complied with.

(j)

Lighting. Lighting for buildings, access ways, and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to building occupants or surrounding property owners or residents.

(k)

Storage or trash and rubbish. Exterior storage areas for trash and rubbish shall be well screened on three sides and contain vermin-proof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.

(Revision of 7-9-1984)

The town council, upon recommendation from the planning commission, may place certain restrictions on automobile service stations in the B-1 and M-1 zones, in addition to the regulations of those zones, based on the following criteria:

512.1. The effect of such proposed buildings and use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the public health, safety, and general welfare.

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

In addition to the requirements of the district in which the home for adults is located, such uses shall meet the following requirements:

513.1. All state rules and regulations for the licensing of such uses.

513.2. All requirements of the state health department and fire marshal's office regarding such uses.

513.3. Parking requirements as established in this ordinance.

513.4 Architectural barriers (such as stairs) for residents of such establishments shall be overcome to the greatest extent possible. Additional safety features, such as handrails in various areas, shall be installed.

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

Professional offices are subject to the following requirements:

514.1. All parking shall be off-street and shall conform to the requirements of section 506.

514.2. All activity and equipment (other than parking) must be housed in a fully enclosed building.

514.3. No noise or odor produced as a result of activity in such officers shall be discernible beyond the boundaries of the lot.

514.4. All vehicular access to the site shall be from a street which meets town standards.

514.5. No display in the building shall be visible from outside of the building.

515.1. Site plans, as required by this ordinance, shall include, but not be limited to the following as required by the administrator:

(a)

The proposed title of the project and the name of the preparer and developer.

(b)

The northpoint, scale, date, and vicinity map.

(c)

Existing zoning and zoning district boundaries on the property in question and on immediately surrounding properties.

(d)

The present use of all abutting property.

(e)

The boundaries of the property involved, by bearings and distances, certified by a land surveyor licensed to practice in the Commonwealth of Virginia.

(f)

All existing property lines, existing streets, buildings, watercourses, waterways, or lakes and other existing physical features in or adjoining the project. Those physical features such as watercourses, waterways, or lakes on adjoining properties need only be shown in approximate scale and proportion.

(g)

Topography of the project area with contour intervals of two feet or less.

(h)

The location and sizes of sanitary and storm sewers, gas lines, water mains, culverts, and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities.

(i)

The location, dimensions, and character of construction of proposed streets, alleys, driveways, and the location, type, and size of ingress and egress to the site.

(j)

The location of all off-street parking, loading spaces, and walkways, indicating types of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of parking spaces.

(k)

The location, height, type, and material of all fences, walls, screen planting, and landscaping details of all buildings and grounds, and the location, height, and character of all outdoor lighting systems.

(l)

The location of all proposed buildings and structures, accessory and main; number of stories and height; proposed general use for each building, and the number, size, and type of dwelling units where applicable.

(m)

Provisions for the adequate disposition of natural and stormwater indicating location, sizes, types, and grades of ditches, catch basins, and pipes and connection to existing drainage system.

(n)

The location, character size, height, and orientation of proposed signs.

(o)

Landscaping plans.

(p)

Outdoor lighting plans.

(Ord. of 3-10-2008(4); Ord. of 8-8-2011(4), § 1)

(a)

Accessory dwelling structures are allowable only by special use permit.

(b)

Only one accessory dwelling structure allowable per lot.

(c)

The accessory dwelling structure must be a detached structure located on the same lot of the primary dwelling and meet all setback requirements for accessory structures.

(d)

Reserved.

(e)

The accessory dwelling structure is required to meet all relevant building codes and contain provisions for sleeping, cooking, and sanitation. ADS's shall meet Virginia's Uniform Statewide Building Code's definition of a dwelling.

(f)

The accessory dwelling structure must have a dedicated single off-street parking space measuring a minimum of ten feet by 20 feet size.

(g)

The property owner must reside in either the primary residence or accessory dwelling structure.

(h)

No more than two individuals shall reside in an accessory dwelling structure at any given time.

(i)

Unless the ADS is proposed for an existing garage or existing accessory structure constructed before the date of adoption, the interior floor areas of an accessory dwelling structure shall not exceed 50 percent of the interior floor area of the lot's primary dwelling, or exceed 900 square feet of interior floor area, whichever number is less. Interior floor area calculations shall exclude attached carports, decks, etc. The accessory dwelling structure height shall not exceed that of the main structure. The applicant shall provide both sets of dimensions with their application.

(j)

An accessory dwelling structure shall not be utilized as a short-term rental unit.

(k)

Each accessory dwelling structure must have an independent address posted on the structure.

(l)

The accessory dwelling structure is required to conform to additional regulations as recommended by the town's planning commission, and required by the town council.

(Ord. of 5-11-2009(1), § 1; Ord. of 2-14-2011; Ord. of 10-10-2023)

Editor's note— An Ord. adopted October 10, 2023, amended the title of § 516 by changing "units" to "structures."

Recognizing the desire of some residents and businesses to pursue sustainable energy systems, these regulations are promoted to protect the public health, safety, and welfare of the community.

For the purposes of this section, sustainable energy systems shall be defined as mechanical devices that generate electricity from solar, wind, hydroelectric or other renewable sources for use on the property or transmission to other remote locations.

517.1 Small-scale—Residential and commercial:

A "small-scale—roof mounted" system shall be defined as a system that occupies less the 75 percent of the existing roof system of a dwelling or primary structure and one accessory structure on a property that meets all height restriction requirements for the zoning district. A small-scale—roof mounted system shall be a by-right use in all zoning districts permitted through a zoning permit for an accessory structure.

A "small-scale—accessory installation" system shall be defined as a permanent, ground mounted system that is less than 50 percent in size of the existing dwelling or primary structure on a property that meets all set-back and height requirements for the zoning district. Small-scale—accessory installation systems shall meet 150 percent of the setback requirements for the zoning district and the setback for any side or rear yard shall be at least the height of the proposed structure. These installations shall be a permitted by special use permit in all zoning districts.

Noise from a small-scale system shall conform to the town's noise requirements.

The design and installation of a small-scale system shall conform to applicable industry standards including those of the American National Standards Institute (ANSI), Underwriters Laboratory (UL), the American Society for Testing and Materials (ASTM) or similar certifying organizations, and shall comply with the Virginia Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the zoning permit application.

If a small-scale system installation has been determined to be unsafe by the Page County Building Official, the system shall be required to be repaired by the property owner or other responsible party to meet federal, state, and local safety standards, or be removed by the property owner or other responsible party within the time period allowed by the Page County Building Official. If the property owner or other responsible party fails to remove or repair the unsafe system, the town may pursue a legal action to have the system removed at the responsible party's expense.

517.2 Other sustainable energy systems:

Any sustainable energy system that is not regulated by subsection 517.1 shall only be considered in the limited industrial (M-1) zoning district by special use permit.

Application for a special use permit shall conform to the general procedures for a special use permit as set forth in this zoning ordinance.

Application for a special use permit for a sustainable energy system project should include the following items but not be limited to:

A.

Project narrative to include identification of the applicant, owner, and operator of the system; description of the project; location and size of project; approximate rated capacity of the project; depiction of proposed facilities and equipment; description of ancillary facilities; benefits provided to the town residents; and other information necessary for consideration.

B.

Site plan to include all property lines of proposed site improvements and all adjacent properties; all setback lines; existing and proposed topographic information; existing and proposed building and structures including preliminary locations for all system facilities and equipment; existing and proposed access roads and parking; location of substations and cabling; signage locations to include any necessary warning signs; existing and proposed fencing and landscaping; and other information necessary for consideration.

C.

Traffic impact study to assess the impact to the town's road network during construction, operation, and decommissioning of the project. Study shall include determination if parking on site is sufficient or if a transit delivery system will be necessary.

D.

Historical resources impact assessment.

E.

Utility mapping of all existing and proposed utilities.

F.

Property ownership, lease agreements, or other documentation to confirm control of property for the project. Sensitive financial or confidential information may be redacted with concurrence of the town attorney.

G.

Probable construction schedule and cost estimate.

H.

Decommissioning plan to include schedule, disposal site requirements, plan, and probable cost.

I.

Liability insurance and performance bond coverage adequate for construction and decommissioning costs.

J.

Field placement of balloons at heights consistent with proposed facilities and equipment at the corners of all installation, as well as any locations where a change in height occurs.

Noise from a system requiring a special use permit shall conform to the town's noise requirements.

Setback requirements for a system requiring a special use permit should be a minimum of 200 percent of the maximum height of the systems facilities or equipment on all sides of the property.

A minimum of 50 feet of vegetative screening should be installed to achieve a minimum of 20 feet in height within five years. A constructed, stable berm of no more than ten feet can be used to achieve the height requirement.

The design and installation of a special use permit system shall conform to applicable industry standards including those of the American National Standards Institute (ANSI), Underwriters Laboratory (UL), the American Society for Testing and Materials (ASTM) or similar certifying organizations, and shall comply with the Virginia Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the zoning permit application.

If a special use permit system installation has been determined to be unsafe by the Page County Building Official, the system shall be required to be repaired by the property owner or other responsible party to meet federal, state, and local safety standards, or be removed by the property owner or other responsible party within the time period allowed by the Page County Building Official. If the property owner or other responsible party fails to remove or repair the unsafe system or portion thereof, the town may pursue a legal action to have the system removed at the responsible party's expense.

(Am. of 6-14-2021(1))

Editor's note— Section 518 was removed at city direction.

519.1. General regulations.

(a)

All lodging houses must comply with the following:

(1)

Obtaining and maintaining a business license pursuant to chapter 30, article II of this Code unless exempt under state law.

(2)

Collecting, reporting and remitting transient occupancy tax in accordance with chapter 78, article VI of this Code.

(b)

Lodging houses with one bedroom shall have one off-street parking space located onsite. All other lodging houses shall have two off-street parking spaces located onsite.

(c)

Insurance coverage is required under a commercial general liability insurance policy, specifically endorsed for use as a lodging house, for a minimum limit of $1,000,000.00, from a firm licensed to provide insurance in Virginia. A copy of the certificate of insurance shall be provided with the special use permit application.

(d)

A registry showing names and addresses of occupants and dates rented shall be maintained and made available to the town upon request.

(e)

A summary of applicable town ordinances (to be provided by the town), a copy of the parking plan, trash and waste pickup schedules, if any, emergency telephone numbers, and any additional rules for guests shall be posted in a prominent place.

(f)

Any signage must comply with the provisions of appendix A, article VIII of this Code.

(g)

Lodging houses in residential zoning districts must:

(1)

Be a single-family dwelling, manufactured home, or mobile home;

(2)

May be subject to only one rental transaction for the same time period or any portion thereof; and

(3)

Each rental must encompass the entire structure.

(h)

When a special use permit is required, the application must include:

(1)

A site plan showing the structures and off-street parking with dimensions;

(2)

A floor plan for the structure;

(3)

Contact names and phone numbers for after-hours response, maintenance, and cleaning;

(4)

A business operations plan;

(5)

A copy of the certificate of insurance required under this section; and

(6)

A copy of the posting placard to be used by the property.

(Ord. of 9-9-2024, § 3)

519.2. Occupancy limitations.

(a)

Each lodging house shall rent no more than three bedrooms and be subject to a maximum of six overnight guests.

(Ord. of 9-9-2024, § 4)

(b)

The number of overnight guests and invited visitors on the property shall not exceed ten persons at any time.

(c)

At least one overnight guest must be 18 years of age or older.

519.3. Safety regulations:

(a)

One working smoke detector shall be installed and maintained for each bedroom in compliance with the provisions of the Uniform Statewide Building Code.

(b)

For properties utilizing propane, a working carbon monoxide detector shall be installed on each floor or level on which guests sleep overnight.

(c)

One working fire extinguisher shall be provided in or near the kitchen, any other area equipped for heating food, and any area which has a flame.

(d)

An updated certificate of occupancy must be obtained and furnished with each special use permit application.

(e)

The equipment required in subsections (a)—(c) shall be maintained in accordance with the manufacturer's recommendations and inspected on a quarterly basis.

519.4. Prohibited activities.

(a)

Lodging houses may not be utilized for any use not expressly permitted by the zoning regulations for the zoning district in which the lodging house is located.

(b)

All overnight guests and visitors are forbidden to trespass on the lands or property of another.

(c)

All overnight guests and visitors must comply with the noise ordinance provisions set forth in chapter 58, article I, section 58-5 of this Code, as amended.

519.5. Enforcement.

These regulations shall be enforced in accordance with article VII of appendix A of this Code. Repeated violations may result in revocation of the special use permit by the town council.

(Ord. of 2-13-2022)

Editor's note— An Ord. adopted February 13, 2022 set out provisions intended for use as § 518. To avoid duplication these provisions have been included above as § 519.

Editor's note— Section 520 was removed at city direction.