The standards in this section apply to any new development, redevelopment or change of use requiring a development approval, building permit or certificate of occupancy except as otherwise authorized by this Zoning Ordinance.

(a)

Building Lot Required. Every building or structure hereafter erected shall be located on a lot as herein defined. Where more than one building or structure is located on a lot, separation shall be provided as provided in the Uniform Statewide Building Code.

(b)

Street Frontage Required. No development approval shall be issued for any land use or structure unless the lot on which such land use is to be established or such structure is to be built has frontage providing access on at least one dedicated, improved street extending across the entire front of the lot where right-of-way extends along the property line.

1.

Said street shall have at least 20 feet of pavement with 50 feet of right-of-way, except that a building permit may be issued for one single-household dwelling or duplex residence on a lot of record existing on September 12, 1989, that has a perpetual unobstructed easement of access at least 30 feet wide to such a street to serve one building.

2.

The requirement for street frontage may be waived by the City Council in the case of planned unit developments, residential clusters, cluster commercial developments, traditional neighborhood developments and townhouse lots when the Council finds that adequate public and private access is provided to such land uses or structures.

3.

Access for lots within commercial centers may be provided via private streets or drives approved by the City through the subdivision and site plan approval processes and shall be consistent with section 35.2-66.2 of this Zoning Ordinance.

(c)

Reduced Street Frontage Requirements. A building permit may be issued for a land use or structure on a lot with less than the required street frontage if:

1.

The lot fronts on a cul-de-sac, in which case the minimum street frontage shall be 30 feet;

2.

The lot is a flag lot having at least 50 feet of frontage as required by section 24.1-28.1 of the City's subdivision regulations; or

3.

The lot was an existing lot of record on July 11, 2011, in which case the lot shall provide access on at least one dedicated, improved street extending a minimum of 25 feet past the driveway accessing the lot.

(d)

Reduction or Subdivision of Lots. No lot shall be subdivided or reduced in area to create a non-conforming lot or structure.

(e)

Occupancy. Except as allowed by conditional use permit or for non-conforming duplex or multi-household dwellings, no dwelling unit or boarding unit may be occupied by more than three unrelated people. Where two or more related people reside in a dwelling unit, only one person unrelated to the related people may reside in the dwelling unit.

(f)

County Boundary Lines. A structure which would be split by a county boundary line shall be permitted by a conditional use permit under the regulations of section 35.2-11, Applications Requiring Public Hearings Before City Council.

(a)

The building envelope standards are listed for each zoning district in Article IV and are summarized in Appendix B. This section describes the general rules for applying height, setback and building coverage standards.

(b)

Building envelope standards, other than those established in the applicable zoning district and this article may apply when:

1.

Greater setbacks or lesser heights are required pursuant to the zoning district standards in Article IV or the standards in this article;

2.

An overlay district imposes different standards pursuant to Article V;

3.

The City Council approves alternative building envelope standards pursuant to a conditional use permit issued in accordance with section 35.2-11 (Applications Requiring Public Hearings Before City Council); or

4.

Board of Zoning Appeals modifies building envelope standards by granting a variance pursuant to section 35.2-12 (Variances and Appeals to the Board of Zoning Appeals).

(a)

Measurement of height.

1.

Building Height. Building height is the vertical distance measured from the crown of the street opposite the middle of the front of the building to:

2.

Exceptions to Measurement of Building Height.

a.

Buildings with Large Setbacks. Where a building is set back from the street line 35 feet or more, building height shall be measured from the average elevation of finished ground surface along the front of the building.

b.

Large Corner Lots. On corner lots exceeding 20,000 square feet in area, the height of the building may be measured from the crown of either street at the midpoint of the building facing the applicable street.

c.

Through Lots. For lots extending through from street to street, the height may be measured from the crown of either street at the midpoint of the building facing the applicable street, provided that the maximum height that would be permitted based on the lower street shall extend back from the right-of-way of such street not less than 150 feet (see following illustration).

d.

Properties Abutting R-1, R-2 or R-3 Districts. For lots in any R-4, B-1, B-3, B-5, IN-1, I-1, I-2 or I-3 district abutting property zoned R-1, R-2 or R-3, height shall be measured from natural grade at the horizontal midpoint of the building wall facing each abutting residential property and shall apply to any portion of the building located within 100 feet of the property line (see following illustration). In no case shall a building be required to be less than 20 feet in height at the front building line.

(b)

Height Exceptions for Certain Structures.

1.

The height limitations shall not apply to the following features projecting above the roof line: flag poles, church spires/steeples, belfries, cupolas and domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, bulkheads or similar features, radio and television antennas for the use of residents of dwelling units in apartments, and necessary mechanical appurtenances (including, but not limited to solar energy panels and related appurtenances, plumbing vents, exhaust vents, HVAC equipment, electrical connections, lightning rods and telecommunications connections) usually carried above the roof level provided that:

a.

Such a feature shall be erected only to a height necessary to accomplish the purpose it is intended to serve, but in no case more than 15 feet above its lowest point of contact with the roof.

b.

The total area covered by such features shall not exceed in horizontal cross-sectional area 15 percent of the area of the plane of roof upon which they are located.

c.

Such features as water tanks, cooling towers and bulkheads, but not solar energy panels and related appurtenances, shall be enclosed within walls constructed of the same material as the main walls of the building on which they are located.

2.

Parapet walls may extend not more than five feet above the limiting height of the building on which they rest.

3.

No sign, name plate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the district height limitations.

(c)

Tall Buildings in the R-4, B-1, B-3 and IN-1 Districts. In the R-4, B-1, B-3 and IN-1 districts, apartment buildings, public or semi-public buildings such as a religious institution, school, library, hospital, may be erected to not more than 125 feet in height; provided that the portion of such building more than 40 feet in height shall set back from the street, lot or required setback line, one foot for each one foot of such additional height (see following illustration).

(d)

Flag poles, light poles and utility poles.

1.

There shall be no setback requirement for any Flag Pole, Light Pole or Utility Pole that is 35 feet or less in height.

2.

Any Flag Pole, Light Pole, or Utility Pole greater than 35 feet in height in the R-C, R-1, R-2, R-3, R-4, IN-1 or B-4 District shall be required to set back a distance from all property lines at least the height of the pole.

3.

Any Flag Pole, Light Pole, or Utility Pole greater than 35 feet in height in the B-1, B-3, B-5, IN-2, I-1, I-2 or I-3 District that is on a parcel adjacent to any parcel that is zoned R-C, R-1, R-2, R-3, R-4, IN-1 or B-4 shall be set back a distance at least the height of the pole from the R-C, R-1, R-2, R-3, R-4, IN-1 or B-4 District.

4.

Any Flag Pole, Light Pole, or Utility Pole in the B-1, B-3, B-5, IN-2, I-1, I-2 or I-3 District that is greater than 35 feet in height but less than 50 feet in height shall be required to set back a distance from all property lines at least the minimum applicable setback for the district in which it is located.

5.

Any Flag Pole, Light Pole, or Utility Pole in the B-1, B-3, B-5, IN-2, I-1, I-2 or I-3 District that is a height greater than 50 feet shall be required to set back a distance from all property lines at least one-half the height of the pole.

6.

Setback requirements for Flag Poles, Light Poles, and Utility Poles shall be measured from the base of the pole to the property lines of the parcel on which the pole is located.

(Ord. No. O-20-026, 11-10-20; Ord. No. O-21-008, 2-9-21)

(a)

Measuring Setbacks. Setbacks shall be measured as the shortest distance between the applicable property line (front, side or rear) and the nearest portion of the building, except as specifically provided in this section. For purposes of this measurement, the property line shall be considered a vertical plane and all distances shall be measured horizontally from that plane.

(b)

Setbacks, Buffers and Open Spaces Unique to Lot. No required setback, buffer or open space for any building or lot shall be considered to provide a required setback, buffer or open space for a building on any other lot.

(c)

Corner Lots. On a corner lot, the required side setback abutting a street (exterior side setback) shall be at least equal to a required front setback for other lots fronting on the side street. The Zoning Administrator shall determine the front, side and rear yards based on the predominant orientation of lots on the block on which the property is located.

(d)

Interior Lots with Double Frontage. Interior lots having frontages on two streets shall have a front setback on each street, except where all lots or existing dwellings are designed to face the same street.

(e)

Authorized Encroachments. The following structures may encroach upon minimum setback areas as provided herein:

1.

Terraces. A paved terrace shall not be subject to minimum setback or maximum lot coverage requirements; provided that such terrace is without roof, awnings, screens, walls, parapets or other forms of enclosure and is not more than three feet above grade. Such terrace, however, may have a guard railing, wall or fence not over four feet high with less than 50 percent opacity, and shall not be closer than five feet from any lot line.

2.

Porches. Unenclosed porches or decks may project not more than ten feet beyond the front, exterior side and rear walls of a building into the minimum front, exterior side or rear setback for the district. Any two story or enclosed porch, or one having a roof, shall be considered a part of the building in the determination of the required setback and amount of building coverage.

3.

Projecting Horizontal Architectural Features. Architectural features, such as windowsills, belt courses, chimneys, cornices, eaves or bay windows, may project not more than three feet into any required setback, but not closer than five feet to any lot line. The sum of any bay or bow window projections on any wall shall not exceed one-fourth of the length of said wall.

4.

Fire Escapes. Open fire escapes may extend into any required setback not more than five feet; provided, however, that such fire escapes shall not be closer than five feet at any point to any lot line.

5.

Fences and Walls.

a.

The setback requirements of this Zoning Ordinance shall not be deemed to prohibit any otherwise lawful fence or wall if:

1.

Each fence and/or wall does not exceed four feet in height in a front yard.

2.

Each fence and/or wall shall not exceed eight feet in height in side and rear yards in residential districts of ten feet in height in other districts.

3.

Fences and/or walls in required exterior side setbacks shall not exceed four feet in height.

4.

Fences and walls do not conflict the standards for visibility at intersections established in section 35.2-66.4 (Visibility at Intersections) in any district.

5.

On a corner lot, no fence and/or wall shall exceed four feet in height in the required exterior side or rear setback abutting a street when a front yard is required for any lot on the side street in any district.

(f)

Setback Reductions for Neighborhood Norms. The following provisions are applicable to new development, additions or redevelopment in the R-1, R-2 or R-3 districts:

1.

Subject to the provisions of paragraphs 3 and 4 of this section, the minimum front and side setbacks shall be reduced to match the lesser of:

a.

The average setbacks on the block face on which the proposed building fronts and the block face opposite the front of the proposed building;

b.

The average setback of the buildings located on either side of the proposed development;

c.

The mode of setbacks on the block face of the proposed development and the block face opposite the front of the proposed development;

2.

The minimum rear setback shall be reduced by 25 percent when a legally created lot is less than the minimum lot area for the applicable district.

3.

When determining the average setbacks, the City shall determine the mean of all principal structure setbacks. For any structure set back further than the minimum required setback for the applicable zoning district shall be deemed to be set back to that minimum. The mode shall be the most frequently occurring setback on the applicable lot's block face and the block face across the street.

4.

Regardless of the neighborhood norm, side and rear setbacks shall comply with minimum fire code requirements.

5.

When the neighborhood norm provisions are not applicable, the Zoning Administrator may authorize a minor exception, not to exceed one foot from the required dimension, for a building setback for one and two-household dwellings to preserve existing vegetation or where other purposes of this Zoning Ordinance are achieved.

(g)

Future Street Widening. On any street where a street widening plan designating future right-of-way lines has been officially adopted by the City or Commonwealth of Virginia, the setbacks required by this Zoning Ordinance shall be measured from such lines rather than the existing street lines; and where no setback is otherwise required, a setback at the future right-of-way line is required.

(h)

Setbacks from Limited Access Highways. On any limited access highway (including ramps), there shall be provided a setback line of 50 feet from the right-of-way line for billboards.

(i)

B-1 District Abutting and R-1, R-2 or R-3 District. Where a B-1 lot abuts a R-1, R-2 or R-3 lot, the minimum front setbacks along block faces shall be the lesser of the neighborhood norm as provided in paragraph (f) of this section or 20 feet.

(j)

R-4, B-1, B-3, B-5, IN-1 or IN-2 Districts Adjacent to R-1, R-2 or R-3 Districts.

1.

In all instances where a lot in a R-4, B-1, B-3, B-5, IN-1 or IN-2 district abuts a lot in a R-1, R-2 or R-3 district:

a.

A buffer shall be established between the districts in compliance with section 35.2-63.10.

b.

A 50-foot setback shall be provided.

2.

Where lot in a B-3, B-5, IN-1 or IN-2 district is on the same block as a residential district, the front and exterior side setback requirements of the residential district shall apply to the applicable business or institutional district.

3.

The buffer and setback requirements of paragraphs (j)1. and (j)2. of this section do not apply when the property within the R-1, R-2 or R-3 district is owned or leased by an institutional use.

(k)

Industrial Districts Adjacent to Residential Districts.

1.

In all instances where a lot in an industrial district (I-1, I-2 or I-3) abuts a lot in a residential district (R-1, R-2, R-3 or R-4):

a.

A buffer shall be established between the districts in compliance with section 35.2-63.10.

b.

There shall be required a 100-foot minimum building setback on the lot in the industrial district.

2.

Where a lot in an industrial district is on the same block as a residential district, the front and exterior side setback requirements of the residential district shall apply to the applicable industrial district.

(l)

Private recreational facilities. Private recreational facilities such as swimming pools, tennis courts and basketball courts permitted as accessory uses located on residentially zoned land, shall not be located in any front yard and shall have the following setbacks:

1.

If accessory to a single-household use or duplex, the edge of the facility shall be located not less than five feet from any lot line.

2.

If accessory to a residential use other than a single-household residence or duplex, the edge of the facility shall be located not less than 20 feet from any lot line.

3.

Any private recreational facility with above ground lighting shall comply with minimum setback requirements for the principal structure in the applicable location.

4.

In the event that a lighted facility is located less than 50 feet from any lot line, it shall be screened pursuant to section 35.2-63.9 (Utility Screening).

(m)

Dedicated Street as Portion of Required Buffer. When a dedicated street separates two districts requiring additional setbacks, one-fourth of the width of the dedicated right-of-way may be deducted from the required setback.

(Ord. No. O-20-026, 11-10-20)

(a)

Lot Dimension and Density Standards. The zoning districts in Article IV establish and Appendix C summarizes the lot dimension and density standards applicable in each zoning district.

(b)

Lots under Water or within the 100-Year Floodplains. No more than ten percent of the minimum area requirements of a lot, or the area used to calculate the maximum floor area ratios or permitted number of dwelling units, may be comprised of land that is in a 100-year floodplain as determined by the Flood Insurance Rate Maps or delineated wetland.

(c)

Parts of Lot Not Counted Toward Area Requirements. For any lot created by subdivision subsequent to adoption of this ordinance, no portion of lot that is less than one-third the minimum lot width for the applicable zoning district shall be counted as part of the required minimum lot area.

(d)

Additional Setbacks Required for Visibility at Intersections. Where required to achieve the requirements for visibility at intersections and driveways as provided in section 35.2-66.4 (Visibility at Intersections), additional setbacks may be required as a condition of a development approval for all or a portion of a lot's street frontage.

(e)

New buildings on Lots Less than the Required Minimum Area or Lot Dimensions. A building permit may be issued for the erection of a building for a permitted use on a non-conforming lot provided that:

1.

That all setbacks and other requirements that are in effect at the time of building permit issuance are complied with;

2.

That the owner of such lot did not own other lots contiguous thereto at the time of the adoption of this ordinance. If the latter is the case, such lot, or so much thereof as may be necessary, shall be combined with the first named lot to make one or more conforming lots, whereupon a permit may be issued, but only for such combined lots;

3.

Where the required lot areas or lot dimensions are less than those required for the applicable district, but are consistent with the lot sizes and dimensions of the neighborhood, combination of contiguous lots shall not be required. For purposes of this provision, lots are consistent if at least 50 percent of the lots on the subject block face have lot areas and dimensions that are within ten percent of the dimensions of the substandard lot proposed to be developed.

4.

Where lots in an R-C, R-1, R-2 or R-3 district do not meet minimum lot area requirements no detached accessory dwelling unit may be established.

5.

Where the required area of dimensions of lots are changed by an amendment of this Zoning Ordinance, any legal lot existing on that date that is made non-conforming by such amendment, may be built upon within the limits of paragraphs (1) through (3) of this section.

(f)

Calculation of Density. Density is the measure of the number of dwelling units per acre of a lot or site, excluding any portion of the lot or site within a 100-year floodplain or delineated wetland that exceeds ten percent of the total as established in paragraph (b) of this section and excluding areas that have slopes in excess of 25 percent.

(a)

Generally. All structures and land uses hereafter enlarged, erected, extended or modified to increase parking demand shall be provided with the amount of off-street parking and loading space required by this section. Parking requirements shall be calculated prior to final site plan approval.

(b)

Existing Structures and Uses. Structures and land uses in existence on the date of enactment of this ordinance, or structures and uses for which Building Permits have been approved on the said date, shall not be subject to the parking and loading requirements set forth in this section. However, any parking and loading facilities now existing to serve such structures or uses may only be reduced if they continue to comply with the minimum parking and loading standards established herein.

Off-street parking facilities required by this article shall be provided on the same lot with the structure or land use served or on a lot connected by pedestrian facilities to the said lot provided that excess parking is available and a shared parking agreement is executed pursuant to section 35.2-62.4(d). A shared parking agreement shall not be required for lots under common ownership. On-street parking located within 1,000 feet and connected by pedestrian facilities may be used to satisfy off-street parking requirements. Except for one household and duplex residential parking facilities, no off-street parking facilities shall be located within 20 feet of any residential lot line, nor shall they be located in any required front setback.

(a)

Parking Dimensions. Each parking space and the necessary access aisles shall have at least the minimum dimensions listed in Exhibit VI-1, depending on the parking angle and the direction of the traffic flow.

Exhibit VI-1: Minimum Parking Lot Dimensions

Expand

Parking Angle (A)	Stall Width (B)	Stall Depth (C)	Stall Length (D)	Cross Aisle Width (One-Way) (E)	Cross Aisle Width (Two-Way) (E)
45°	9'	19'	25'	12'	20'
60°	9'	20'	22'	16'	20'
75°	9'	20'	20'	20'	20'
90°	9'	18'	18'	24'	24'
0°	8.5'	8.5'	23'	11'	20'

 

(b)

Parking Surfaces.

1.

Parking and loading areas shall be graded and surfaced, marked and maintained in accordance with the provision of this section. The City Engineer shall approve the materials and construction of parking surfaces.

2.

Parking areas having ten or fewer parking spaces may be gravel and shall require marking or tire stops.

3.

Parking areas having more than ten spaces shall be paved or surfaced with pervious or impervious material approved by the City Planner, subject to the review and recommendation of the TRC. Gravel may be used if the City Planner in accordance with the TRC recommendation determines that the use of gravel is appropriate. Decisions on whether or not the use of gravel for a larger parking area is appropriate will include, but not be limited to, the following factors:

a.

Volume of traffic;

b.

Frequency of use;

c.

Size and location of the parking area;

d.

Type of land use requiring the parking;

e.

Topography; and

f.

Control measures needed for stormwater, erosion and dust management.

4.

Landscaping shall be installed and maintained for gravel parking and vehicular areas to the same standards required for paved parking and vehicular areas.

5.

The future conversion of gravel parking areas to surface-treatment or pavement shall be subject to the provisions of the City's stormwater and erosion and sediment control ordinances.

(a)

Schedule of Parking Space Requirements. Exhibit VI-2 establishes the minimum requirements for all districts except B-4. LBCS (see Article III for a description of the Land Based Classification Structure) code references follow the uses in parentheses where applicable

1.

The required number of spaces may be increased based on projected parking demands pursuant to issuance of a conditional use permit (see section 35.2-11, Applications Requiring Public Hearings Before City Council).

2.

The required number of spaces may be reduced by the City Planner if the applicant provides credible information documenting that the use will require fewer spaces and the City Planner determines that the reduction will not reduce the viability of future use of the site.

Exhibit VI-2: Minimum Number of Parking Spaces Required

(b)

Uses Not Listed. For uses not listed in Exhibit VI-2, or where the City Planner and property owner agree the minimum required standards would create excess parking, the City Planner shall determine the appropriate minimum requirements in accordance with the TRC recommendation.

(c)

Two or More Uses on The Same Lot. Where two or more uses occur on the same lot, the minimum parking requirement shall be the sum of the requirements for each individual use calculated separately; except that the City Planner, may reduce the minimum parking space requirements in accordance with the TRC recommendation, upon finding that the timing of parking demands for the uses results in less demand for parking spaces.

(d)

Shared Parking. Shared parking may be approved by the technical review committee (TRC) during final site plan review. Uses sharing parking need not be located on the same lot, but shall be located within the same block or an adjacent block. In approving shared parking, the TRC shall require the following:

1.

Shared parking shall be connected to the uses it serves by pedestrian facilities.

2.

That the applicant shows through a study of peak parking needs for all proposed uses involved, that shared parking is feasible and that the number of spaces proposed is adequate to meet the projected parking demand at all hours;

3.

That the design and location of parking areas is convenient for sharing by customers, patrons, and residents of all properties involved;

4.

That a shared parking agreement that establishes ongoing access to the shared parking for all users, responsibilities for parking lot maintenance and limits on hours of operation has been executed between all property owners involved and is binding on all tenants; and

5.

That the agreement shall be recorded and shall not be terminated without approval of the Zoning Administrator.

(e)

Mass Transit Provision. The City Planner may reduce the minimum parking space requirements by a suitable amount in accordance with the TRC recommendation where:

1.

Mass transit is available;

2.

Facilities are provided in the form of shelters and/or benches; and

3.

The facilities are adjacent to or within 1,000 feet of a development and connected to the building entrance by pedestrian facilities.

(f)

Special Conditions in the B-4 District. In the B-4 district the minimum off-street parking requirements shall not apply because of the impracticability of providing such parking spaces on the basis of individual uses in highly congested areas. However, developers of new buildings are strongly encouraged to provide parking spaces up to the minimum cited in these regulations.

Except as provided in paragraphs (d) and (g) of this section, off-street loading and unloading berths, as defined herein, shall be provided in accordance with this section and located on the same lot with the use to be served.

(a)

For Retail and Service Business Establishments, one berth for the first 4,000 square feet of floor area or portion thereof used for business purposes, and one additional berth for each 10,000 square feet or portion thereof in excess of the first 4,000 square feet.

(b)

For Business, Professional, Financial and Other Office Buildings, one berth for each 100,000 square feet of gross floor space.

(c)

For Manufacturing, Wholesale Business, Storage, Warehouses and Similar Activities, one berth for the first 4,000 square feet of floor area or portion thereof used for such purposes and one additional berth for each 10,000 square feet or portion thereof in excess of the first 4,000 square feet.

(d)

For Arenas, Stadiums, Performing Arts Theaters and Auditoriums, there shall be five loading berths per main entrance and five loading berths for service vehicles.

(e)

Joint Use of Loading Berths. In B-3 and B-4 business districts several business establishments within one block may provide off-street loading berths for joint use, provided that the design and location of such berths is satisfactory to the City Planner. The minimum requirements for such berths shall be figured on the basis of the total floor space of all the establishments served.

(f)

Fraternities, Sororities and Fraternal Organizations. There shall be one loading berth for service vehicles plus three loading berths for the main entrance.

(g)

Exceptions. The Zoning Administrator may waive the requirement for loading berths for existing structures or new structures developed in the middle of a block upon finding that there is no practical way to provide for a loading berth at the side or rear of a building in a manner that is consistent with the intent of the applicable zoning district.

(a)

Quantity.

1.

Exhibit VI-3 establishes the minimum number of required bicycle parking spaces for each use.

2.

Under no circumstances will a building with a single use and business be required to provide more than ten spaces.

3.

If calculation results in an odd number and a fraction of a space, then the number of required spaces shall be increased to the next whole number. If calculation results in an even number and a fraction of a space, then the number of required spaces shall be reduced to the even number whole number. All racks shall be designed and located to accommodate at least two bicycles.

Exhibit VI-3: Minimum Number of Bicycle Parking Spaces Required

**Schools, daycares, colleges and universities are not required to provide bicycle parking, but are encouraged to provide spaces according to their need.

(b)

Required bicycle racks must be permanently anchored.

(c)

Bicycle Racks shall be located in a safe, accessible area within 50 feet of the building entrance.

(d)

Required bicycle racks shall be of inverted U construction and adequately spaced to accommodate multiple bicycles unless otherwise approved by the Zoning Administrator provided they meet the following standards:

1.

Provide stable support for a bicycle locked against it with at least two points of contact with a typical adult or child's bicycle frame.

2.

Do not hold or otherwise place stress upon the bicycle's wheels.

3.

Allow the user to lock both the bike frame and one wheel to the rack using a standard u-lock.

4.

Bike racks are not grid/radiator, wheel block, or wave/ribbon style.

(e)

Single racks may provide spaces for multiple bicycles.

(f)

For multi-tenant developments:

1.

Bike racks may be clustered on site, but no more than 200 feet from the business for which they are required.

2.

Bike racks must be connected to the building entrance by pedestrian facilities.

3.

Bike racks must be visible from the business entrance or the business owner shall provide a sign indicating where bicycle parking may be found.

(g)

When buildings are set back fewer than 20 feet from the right-of-way:

1.

The applicant for site plan approval may, subject to the City Traffic Engineer's approval, voluntarily pay for the City to install a required rack(s) within the public right-of-way.

2.

Racks placed within City right-of-way must be no more than 200 feet from the business for which they are required.

3.

Bike racks must be connected to the building entrance by pedestrian facilities.

4.

When the City Traffic Engineer determines that no space exists to place a new rack, existing racks within City right-of-way and connected by pedestrian facilities may count towards the required bicycle parking.

(h)

Shared Bicycle Parking. Shared parking may be approved by the technical review committee (TRC) during final site plan review. Uses sharing parking need not be located on the same lot, but shall be located within the same block or an adjacent block. In approving shared parking, the TRC shall require that:

1.

Shared bicycle parking is connected to the entrances of the uses it serves by pedestrian facilities;

2.

Bike racks are visible from entrances of all uses or signs are provided indicating the location of bicycle parking;

3.

The number of spaces proposed is adequate to meet the total minimum required spaces for all uses sharing the parking;

4.

The design and location of bicycle parking areas shall be convenient for sharing by customers, patrons, employees and residents of all properties involved;

5.

A shared bicycle parking agreement that establishes ongoing access to the shared bicycle parking for all users and responsibilities for bicycle parking maintenance has been executed between all property owners involved and is binding on all tenants; and

6.

That the agreement shall be recorded and shall not be terminated without approval of the Zoning Administrator.

This section 35.2-63 et seq. shall be referred to as the landscaping ordinance.

The Landscaping requirements of this section are intended to:

(a)

Promote the public necessity, convenience, general welfare and good zoning practice by incorporating landscaping, screening and tree preservation requirements into the development review process;

(b)

Ensure development consistent with the goals of the Comprehensive Plan;

(c)

Reduce soil erosion;

(d)

Maintain or enhance water quality;

(e)

Increase infiltration in permeable land areas to improve stormwater management, mitigate air, dust, noise, and chemical pollution;

(f)

Reduce the heat island effect;

(g)

Protect property values and provide buffers between incompatible uses;

(h)

Preserve existing natural vegetation as an integral part of the City; and

(i)

Ensure that the City remains an attractive place to live, work and play.

(a)

This landscaping ordinance applies to the development or redevelopment of any property after June, 13, 2006, and located in an R-4, R-5, B-1, B-3, B-4, B-5, IN-1, IN-2, I-1, I-2 or I-3 district and to any use requiring conditional use permit approval.

(b)

When an existing use is expanded, enlarged, or redeveloped, only those portions of the property subject to the expansion, enlargement, or redevelopment are subject to the landscaping ordinance.

(c)

It is not the intent of this ordinance to regulate landscaping for one or two-household dwellings.

(a)

Landscaping within an area for visibility at intersections (see section 35.2-66.4 (Visibility at Intersections), shall not include any evergreen trees and shall not include shrubs exceeding three feet in height above the ground at maturity. Tree limbs within this area shall be trimmed to ensure visibility for motor vehicle safety, but in no case shall tree limbs be trimmed more than 12 feet above the ground.

(b)

When a determination of the number of trees or shrubs results in a fraction, any fraction shall be rounded up to count as one tree or shrub.

(c)

Existing vegetation within the development area and that measures at least three inches in caliper and that meets the requirements of the landscaping ordinance may be preserved and may be used to meet all or part of the landscaping requirements.

(d)

Removal of healthy trees 18 inches or greater in caliper is discouraged. For each healthy tree 18 inches or greater in caliper that is retained within the development area a credit of 12 trees shall be given towards meeting the requirements of the landscaping ordinance.

(e)

All landscaped areas shall be covered with an appropriate ground cover, mulch, or decorative landscape stone. Where mulch or decorative landscape stone is used, it shall be installed to a depth of not less than two to three inches. The use of gravel and/or riprap is prohibited.

(f)

All slopes shall be covered with an appropriate ground cover. The use of riprap for ground cover on any slope visible from a public or private street, or residential district is prohibited.

(g)

All retaining walls visible from any public or private street or residential district shall be constructed of segmental block, brick, treated wood, stone or stamped and colored concrete that gives the appearance of brick or stone. Retaining walls that consist of creosote materials are prohibited. Retaining walls of other materials are permitted provided that they are supplemented with landscape material as follows:

1.

Retaining walls less than eight feet in height, one large evergreen shrub per three linear feet of wall.

2.

Retaining walls eight feet in height or greater, one large evergreen shrub per three linear feet of wall and one ornamental tree per 20 linear feet of wall.

(h)

All trees used to satisfy the requirements of the landscaping ordinance shall be in accordance with the City's Master Tree List. The City's Master Tree List shall be maintained by the City's Urban Forester. The City's Urban Forester may approve the substitution of a different species of tree in circumstances of disease, drought, or overhead utility lines.

(i)

No tree, shrub and/or ground cover contained on the invasive alien plant species of Virginia list as maintained by the Department of Conservation and Recreation of Virginia (DCR) and the Virginia native plant society may be planted or used to satisfy any portion of the landscaping ordinance.

(j)

Where the planting of trees that have a height at 20 years of maturity would interfere with overhead utility lines, the Urban Forester shall as part of the site plan approval require the substitution of a tree with lesser mature height or allow placement of trees in a manner that will not interfere with overhead utility lines, provided that the general intent and purpose of the landscaping ordinance is met.

(k)

All disturbed areas not used for operations, including slopes shall be landscaped at the rate of 20 trees per acre. Required trees may be any combination of deciduous or evergreen and may be placed in creative groupings.

(l)

The only landscaping regulations applicable to parking garages are those of section 35.2-63.8 (Foundation Plantings).

When the subdivision of any land for residential purposes includes the dedication of new City streets or the extension of existing City streets, the following street tree planting requirements apply:

(a)

Shade type trees shall be planted at the rate of two trees for every 40 feet of the new street centerline or ornamental trees may be substituted at the rate of two trees for every 30 feet of the new street centerline. (See Exhibit VI-4)

Exhibit VI-4: Calculation of Street Trees for New Residential Subdivisions

(b)

Required street trees shall be placed within the proposed right-of-way and no required landscaping shall be planted on any private property.

(c)

Trees shall be placed in a manner to prevent interference with driveways, drainage areas and/or utilities.

(d)

To prevent damage to trees, required landscaping installed prior to completion of construction of the subdivision shall be protected as provided in as specified in "STD and SPEC 3.38, Tree Preservation and Protection," in the 1992 edition of the Virginia Erosion and Sediment Control Handbook for all landscaping proposed or required to be preserved to satisfy the requirements of the landscape ordinance (see Exhibit VI-5: Tree Protection Detail).

Exhibit VI-5: Tree Protection Detail

(e)

Prior to the acceptance of any new road by the City the developer shall do one of the following:

1.

Install all required street trees;

2.

Post a performance bond for the amount of all required street trees, related materials and installation cost; or

3.

Upon mutual agreement of the City and the applicant, a cash payment may be made to the City for all required street trees, related material and installation cost. At such time a cash payment is made to the City, installation of the required landscaping becomes the responsibility of the City's Urban Forester and landscaping shall be installed within a reasonable time period.

(a)

For all multi-household, commercial, institutional and industrial developments, street trees are required at the rate of one shade tree for each 40 feet of street frontage or in the case where overhead utility lines prohibit the planting of shade trees one ornamental tree for each 20 feet of street frontage.

(b)

Required street trees shall be planted along the property line that fronts the street and shall not be planted within the public right-of-way or within any utility easements unless otherwise approved by the City.

(c)

Street trees within the site distance triangle may be trimmed to allow for visibility.

(a)

Requirements for All Parking Areas. All parking areas are subject to the following landscaping standards:

1.

All parking rows and parking bays shall be capped with a landscaped island containing a required shade tree and medium height shrubs.

2.

One shade type tree for every eight parking spaces, planted within landscape islands, reasonably dispersed within the parking area so that no more than 20 parking spaces exist between landscape islands.

3.

One medium shrub for every one parking space shall be planted within landscape islands containing required trees.

(b)

Large Parking Areas. Parking areas with 200 or more parking spaces shall comply with the following additional standards:

1.

One landscape median six feet in width for every three parking bays shall be installed. The landscape median shall be required to extend the full length of the parking bay and shall include 20 percent of the required parking area landscaping. (See Exhibit VI-6)

Exhibit VI-6: Landscape Median Required

2.

Wheel stops, curbing, or other barriers shall be provided to prevent damage to required landscaping by vehicular traffic. Protection shall be installed to prevent soil erosion from the landscape area.

(c)

Parking Area Screening.

1.

In all instances where parking areas are adjacent to public or private streets, a screen with a minimum height of three feet at time of installation shall be provided along the entire length of the parking area exclusive of driveways and entrances. The minimum planting width for the screen shall be six feet and such screen shall not be located in the street right-of-way (see Exhibit VI-7).

2.

For the purposes of this section, any of the following combination of landscaping and berms may be used to fulfill this requirement:

a.

One large shrub per three feet of street frontage;

b.

Earthen berm with three small shrubs per three feet of street frontage;

c.

Earthen berm with one medium shrub and one small shrub per three feet of street frontage; or

d.

Any combination of paragraphs a, b or c above.

3.

Earthen berms shall vary in width and height and shall be curvilinear in form and provide a gentle tie-in with the existing grade. Average height of earthen berms used to satisfy this requirement shall be three feet in height.

Exhibit VI-7: Parking Area Screening

(d)

Parking area exceptions. Where the primary use of a parking area is for the sale of motor vehicles, recreational vehicles, trailers, boats, tractors, or manufactured homes the required parking area landscaping and parking area screening may be arranged in a reasonable manner so as not to interfere with display and maintenance.

(a)

All sides of multi-household, commercial, institutional or industrial buildings, which front on a public or private street or are visible from an adjacent residential district, shall be landscaped with foundation plantings that include one ornamental tree per 50 linear feet of building, and:

1.

One large shrub per ten linear feet of building;

2.

One medium shrub and one small shrub per ten linear feet of building;

3.

Three small shrubs per ten linear feet of building; or

4.

Any combination of paragraphs (1), (2) and (3) above.

(b)

Foundation plantings may be placed in collective groupings along the perimeter of the building for which required.

(c)

In the event that the City Planner determines that topography or other landscaping would prevent the required foundation plantings from being visible from a public or private street or an adjacent residential district, the only foundation plantings that shall be required are for the wall of the building on which the main entrance is located.

(a)

Loading areas, refuse areas, storage yards, stormwater management ponds, water vaults, Reduced Pressure Zone (RPZ) devices or other objectionable items shall be screened from view of any public or private street, or any adjacent residential district.

(b)

Stormwater Management Facilities intended for display as a water feature or naturalized planting area are exempt from screening requirements.

(c)

Screening may be accomplished by a combination of existing evergreen vegetation, walls, fences, earthen berms and new evergreen vegetation appropriate to screen the equipment or activity. The required height of screening at installation shall be sufficient to screen the equipment or activity.

(d)

The use of chain link fence as the sole method of screening is prohibited. Where it is deemed appropriate by the property owner or developer for security purposes, the chain link fence shall be screened from view as listed in paragraph (c) above.

(e)

Mechanical Equipment and Dumpsters. Mechanical equipment and dumpsters shall be located and screened as follows:

1.

Ground-fixed mechanical equipment shall not be located between the front of a building and the street. If located between the building and a street, the equipment shall be screened from view with masonry wall or evergreen shrubs.

2.

Rooftop mechanical equipment shall be screened from adjacent properties and from street view by a parapet or architecturally compatible rooftop screen.

3.

Trash dumpsters shall not be located between the front building facade and the public street or internal street.

4.

No trash dumpsters shall be located between a building and a residential district unless set back from the residential district at least a minimum of 50 feet.

5.

Dumpsters shall be separated from adjacent parking stalls by a minimum three feet wide (interior clear dimension) planting strip.

6.

Dumpsters shall be enclosed with a wood or vinyl fence or a masonry wall constructed of the same materials as the principal structure. The fence or wall enclosure shall screen the dumpster and be at least six feet and no more than eight feet in height.

(Ord. No. O-17-013, § 1, 2-14-17)

(a)

In all instances where a commercial district, institutional district, industrial district, or any parking area is located adjacent to any residential district, or a multi-household residential district is adjacent to a one or two-household residential district, a vegetative evergreen buffer shall be established on the property for which said buffer is required.

(b)

Where required, the planting area for buffering shall be a minimum of 20 feet in width extending along the entire length of the development area and shall generally be required along the property line unless topographic or other considerations would make it more effective located back from the property line.

(c)

The vegetative buffer shall consist of a staggered evergreen tree line with a baseline filler of medium height evergreen shrubs. The evergreen tree material shall be a minimum of four feet in height at time of planting. The evergreen tree line shall be planted in rows ten feet apart with tree trunks staggered 15 feet on center. In lieu of the baseline filler an earthen berm may be used. The earthen berm shall vary in width and height and shall be curvilinear in form and provide a gentle tie-in with the existing grade. Average height of earthen berms used to satisfy this requirement shall be three feet in height.

(d)

In the B-1 district, where a fence that is not less than six feet in height, the buffer width may be reduced to ten feet in width with evergreen trees staggered 15 feet on center and a baseline filler of medium height evergreen shrubs. An earthen berm meeting the requirements of paragraph (c) may be substituted for the baseline filer of evergreen shrubs.

(e)

Where appropriate existing vegetation may be used to satisfy this requirement. Existing vegetation may be required to be supplemented with additional evergreen material to meet the buffering requirements. The need for additional evergreen material shall be determined during the site plan review process.

(a)

For purposes of this section, "tree canopy" shall include all areas of coverage by existing plant material exceeding five feet in height, and the extent of planted tree canopy at maturity shall be based on the published reference text, Manual of Woody Landscape Plants, Fifth Edition, 1998, by Michael A. Dirr.

(b)

The planting or replacement of trees on a development site shall be required to the extent that, at a 20 years, minimum tree canopies will be provided as provided in Exhibit VI-8.

Exhibit VI-8: Minimum Tree Canopy Required

(c)

Existing trees that are to be preserved may be included to meet all or part of the tree canopy requirements.

(d)

Existing trees infested with disease or structurally damaged to the extent that they pose a hazard to person or property, or to the health of other trees on site, shall not be included to meet the tree canopy requirements.

(e)

Tree canopy requirements do not replace, or negate full compliance with, the requirements of any other section of the landscaping ordinance. However, if planting of landscaping required by this ordinance meets or exceeds the tree canopy requirement, no further planting of trees or replacement of trees is required by this section.

(f)

In areas zoned B-4 or where the City Planner determines that crime prevention through environmental design (CPTED) principles apply, the City Planner, in consultation with the City's Urban Forester, may allow the off-site planting of up to 99 percent of the required street trees, parking area screening, buffering and foundation plantings. Off-site planting areas shall be within the City limits and in such location as approved by the City Planner.

(g)

The following shall be exempt from the tree canopy requirements.

1.

Dedicated K-12 school sites.

2.

Playing fields and other non-wooded recreation areas

3.

Designated wetlands

4.

Other facilities and uses similar in nature as determined by the City Council.

(a)

The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nurserymen's Association and the Virginia Society of Landscape Designers, or the Virginia Article of the American Society of Landscape Architects.

(b)

All landscaping used to satisfy the requirements of the landscaping ordinance shall meet the specifications and standards of the American Association of Nurserymen.

(c)

Any tree used to satisfy the requirements of the landscaping ordinance shall be a minimum of one and one-half inches in caliper at time of planting.

(d)

Required landscaping shall be installed in accordance with an approved site plan and shall be completed prior to occupancy or the property owner or developer may provide a guarantee in a form acceptable to the Zoning Administrator that ensures installation.

1.

A guarantee for required landscaping shall be in an amount equal to 120 percent of the cost of all plants, related materials and installation. Amount is subject to approval of the City's Zoning Administrator and Urban Forester.

2.

All required landscaping shall be installed, inspected, and approved within six months of acceptance of the guarantee.

3.

During any water emergency declared by the governing body in which the use of water is restricted, the Zoning Administrator may permit the delayed installation of required trees, plants or screening materials. In this event, the property owner shall be required to obtain and or maintain a guarantee. After declaration of the water emergency ends, the property owner shall be required to install all trees, plants, screening and related materials within six months.

(a)

After the Zoning Administrator determines that all landscaping required by this Article is complete and in healthy condition, the property owner shall be responsible for the ongoing protection and maintenance of all required landscaping in a manner consistent with the approved site plan.

(b)

In the event required landscaping as shown on the approved site plan is dead or damaged, it shall be replaced by the property owner after notification by the Zoning Administrator. The Zoning Administrator may accept a guarantee in the amount of 120 percent of the cost of all damaged or dead plants, related materials and installation.

(c)

All required trees and shrubs as shown on the approved site plan shall be allowed to grow until maturity and shall not be removed, unless a suitable replacement is provided that meets the standards of this ordinance and shown on an approved landscaping plan. Pruning techniques shall be done in accordance with the standards adopted by the American National Standards Institute (ANSI), A300, Part 1, Standard 1 and the International Society of Arboriculture (ISA). Topping of trees is inappropriate. Any tree that dies as the result of topping shall be replaced by the property owner.

(a)

The City Planner with the concurrence of the Planning Commission may approve an alternative layout to landscaping required by this ordinance provided that the spirit and intent of the ordinance are preserved and the goals of section 35.2-63.2 (Purpose) are assured.

(b)

To provide greater flexibility for the layout and operations of institutions, landscaping required by this ordinance for an IN-2, Institutional District may be dispersed within the area proposed for development. In dispersing the required landscaping, no special approvals shall be required, provided that the same, quantity and size of landscaping as required by this ordinance are installed.

This section 35.2-64 et.seq. shall be referred to as the Sign Ordinance of the City of Lynchburg or Sign Ordinance.

(a)

It is the intent of the Sign Ordinance to:

1.

Minimize the negative secondary effects that can accompany the unregulated display of signs, such as visual blight and traffic hazards, by adopting content neutral time, place and manner of display standards for signs;

2.

Preserve the residential character of residential neighborhoods;

3.

Avoid the appearance of clutter;

4.

Protect property values;

5.

Reduce traffic hazards caused by distractions and impairment of sight lines to motorists;

6.

Facilitate safe and convenient movement of all modes of traffic;

7.

Ensure that the City remains an attractive place to live, work and play;

8.

Reduce administrative burdens; and to promote the public necessity, convenience, general welfare and good zoning practice.

(b)

It is not the intent of the City to suppress any free speech activities protected under the First Amendment or to regulate the content of signs or to require the alteration of federally registered trademarks or logos, but to enact a content-neutral ordinance which will address the secondary effects of signs.

Any sign erected pursuant to this Sign Ordinance, or otherwise lawfully existing with a commercial message, may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type.

If any provision of the Sign Ordinance is declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Zoning Ordinance regulating signs and all of such provisions shall remain in full force and effect.

The following shall not be subject to the provisions of the Zoning Code regulating signs:

(a)

Signs that are subject to the regulations of the Virginia Department of Transportation and that are placed in the public rights-of-way or on City-owned property by the City for public information purposes. Such signs include but are not limited to, signs that direct or regulate pedestrian or vehicular traffic, community identification signs that identify the location of buildings and facilities or scenic or historic attractions, and similar types of signs;

(b)

Flags;

(c)

Memorial signs or tablets;

(d)

Decorative embellishments attached to light poles;

(e)

Scoreboards; and

(f)

Signs that are intended for wayfinding purposes or signs that are only legible from within an IN-1 or IN-2, Institutional District.

(a)

Prior to the construction, installation or modification of a sign, the applicant shall submit a complete sign permit application to the Zoning Administrator in accordance with section 35.2-14.3 and the provisions of this section. The Zoning Administrator shall approve the sign permit application if the application includes sufficient detail about the dimensions and area of the sign frame, structure, face, box, base, design, materials and location to ensure compliance with the requirements of this section 35.2-64 et seq. and all applicable permit fees have been paid to the City.

(b)

Upon receipt of a completed sign application, the Zoning Administrator will review the submitted information for compliance with the provisions of this Sign Ordinance. The Zoning Administrator will mark on the sign application approved, approved with conditions or denied and make notification to the applicant within ten working days of receipt of the completed sign application, unless the applicant has agreed to a longer period of time. Any conditions or reason for denial shall be attached to the sign application and returned to the applicant.

(c)

Permits issued for temporary commercial banners or inflatable items shall include the date of issue and the date of expiration. Said permit shall be securely fastened to the back side of the banner or inflatable item, except for banners attached to walls. When the banner is attached to a wall or other structure not easily accessible, said permit shall be kept with the owner or manager of the business and be presented to Zoning Administrator upon request.

(d)

If a proposed sign or banner complies with the standards set forth in the Zoning Ordinance a sign permit shall be granted. The Zoning Administrator shall not deny a permit for a sign based upon the content of the sign and the denial of a permit on such grounds is prohibited.

(e)

Appeals of a decision to deny a sign permit shall be taken to the Board of Zoning Appeals in the same manner as provided in section 35.2-12 of this Zoning Ordinance and in the Code of Virginia.

(a)

Awning Signs. For the purposes of the Sign Ordinance, awning signs shall be allowed and treated as building mounted signs. The maximum permissible area for awning signs shall be subject to, and calculated with, the maximum permissible building mounted sign area for the specific district in which such signs are located. These provisions are applicable to awning signs regardless of the material.

(b)

Window Signs. Window Signs covering more than 25 percent of the glass area shall be calculated with and included in the maximum permitted building mounted sign area in the district.

(c)

Signs for Discontinued Uses. Within 30 days after a use or activity that is advertised by a sign ceases, the owner of such use or activity or the owner of the property on which the sign advertising the discontinued use or activity is located shall remove any changeable copy on the sign. In the event the use of any non-conforming sign is abandoned for two or more years the sign and its supporting structure shall be removed by the owner of the use or activity or by the owner of the property on which the sign is located. If the sign and its supporting structure are not removed the City shall give the property owner notice to remove the sign and a deadline for removal. If the property owner fails to remove the sign after having been given written notice by the City to do so or if the City after reasonable efforts to do so is unable to locate the property owner, the City may pursue any or all of the following remedies:

1.

Through its employees or agents, enter the property upon which the sign is located, remove the sign and its supporting structure, and bill the property owner for the costs of such removal;

2.

Apply to a court of competent jurisdiction for an order requiring the removal of such abandoned non-conforming sign by the owner by means of injunction or other appropriate remedy; and/or

3.

Cite the owner of the property where the sign is located with a violation of the Zoning Ordinance as provided in section 35.2-102.

(d)

Existing Signs.

1.

Any existing sign and/or sign structure legally erected and maintained, which is non-conforming to the provisions of the June 22, 2004 amendments to the Zoning Ordinance, may continue in its non-conforming status as long as it is maintained in its then structural condition as it existed at the time of adoption of this article (see non-conforming section 35.2-91.4).

2.

When a non-conforming sign, sign frame, and/or sign structure is intentionally reconstructed or structurally altered by the business or building owner, the surface area and height requirements for a new sign, sign frame, and/or sign structure, under this ordinance, shall apply.

3.

The new sign, sign frame, and/or sign structure may exceed the ordinance requirements, however, to a limit which is calculated by taking a 25 percent reduction in the height and/or square foot area of the original sign, sign frame and/or sign structure, provided that the new sign, sign frame, and or sign structure is constructed within 60 days of the removal of the previous non-conforming sign and sign application approval is granted as provided in this Sign Ordinance.

4.

New signs, sign frames and/or sign structures that exceed the area or height standards of this ordinance pursuant to paragraph (3) shall be considered non-conforming. Replacements of signs destroyed by acts of God, or other occurrences beyond the control of the owner shall comply fully with this Sign Ordinance.

(e)

Prohibited Signs. Portable signs, pennants, streamers, off site directional signs, and flashing signs are prohibited.

(f)

Compliance with electrical code. All illuminated signs must comply with UL standards of the statewide uniform building code.

(g)

Violations and penalties: See section 35.2-102.

Any flag that advertises a business, service, product, goods, special promotion, activity or event shall be calculated with the maximum permissible sign area for the district in which the flag is located.

(a)

Generally.

1.

Temporary signs that are permitted by this section may not be placed on utility poles, traffic control signs or within the public rights-of-way.

2.

All temporary signs must be removed within three days after the event or activity being advertised or promoted by the temporary sign has been completed.

(b)

Banner Design Standards. Banners shall comply with the design standards of Exhibit VI-9.

Exhibit VI-9: Banner Design Standards

SF = square feet

(c)

Banner Limitations. Banners may be erected only by the occupant of the lot and the advertising matter shall apply only to the nature of the activity occupying the lot on which the Banner is erected.

(d)

Applications for Banners and Inflatable Signs.

1.

An application and permit for a banner or inflatable item is required as provided in section 35.2-14.3.

2.

No such permit shall be issued for a period to exceed 60 days.

3.

Permits for banner signs and inflatable items shall not be issued for any location during a period of 30 days after the expiration date of a permit for a banner or inflatable item previously issued for the same location, unless the business operated at the location has changed ownership.

4.

In no case shall a banner or inflatable item be displayed for more than a total of 180 days per calendar year.

5.

Said banners and inflatable items shall be securely fastened to the ground or other immovable object and shall be located a minimum of eight feet from the property line.

(e)

Temporary Construction Signs.

1.

Temporary construction signs shall comply with the design standards of Exhibit VI-10:

Exhibit VI-10: Temporary Construction Sign Design Standards

SF = square feet

2.

One temporary construction sign shall be allowed for each contractor, subcontractor, architect or engineer. Temporary construction signs shall only be allowed on the property on which construction will commence within the next three months, and may be erected on the wall of a construction trailer, construction shed or on the ground. Temporary construction signs shall not be lighted by any means and shall be removed prior to a certificate of occupancy (CO) being granted for said building. A sign permit is not required for the placement of a temporary construction sign.

(f)

Temporary Real Estate Signs.

1.

Temporary real estate signs shall comply with the design standards of Exhibit VI-11.

Exhibit VI-11: Temporary Real Estate Sign Design Standards

SF = square feet

2.

Temporary real estate signs are to be placed only on the property that is for sale or lease. Temporary real estate signs shall be removed within three days of the sale or lease of the property.

(g)

Temporary Subdivision Signs.

1.

One temporary subdivision identification sign not exceeding 32 square feet in area may be erected during construction at an entrance to the subdivided property; provided that not more than two signs shall be erected for any one subdivision.

2.

These signs shall be removed upon completion or sale of 75 percent of the lots in the subdivision.

3.

No electric or other luminous sign and no sign illuminated by a floodlight or other similar device shall be permitted.

A political sign is a temporary sign promoting the candidacy of a person running for a governmental office or promoting a position on an issue to be voted on at a governmental election. Within any district, political signs may be erected on a lot, provided that such sign is erected only upon approval of the property owner. Political signs may not be placed on utility poles, traffic control signs or within the public rights-of-way. Political signs must be removed within three days after the election. The removal of such signs shall be the responsibility of the property owner on whose lot the sign is displayed.

Opinion signs are permitted in any zoning district on private property only and may be erected only upon approval of the property owner. Opinion signs may not be placed on utility poles, traffic control signs or within the public rights-of-way.

Signs pertaining only to the uses conducted on the premises will be permitted, subject to the following conditions:

(a)

Home Occupations. One sign announcing a permitted home occupation will be allowed for each street on which the lot abuts. Each such sign shall not exceed one square foot in area. Such signs shall be illuminated only by shielded white lights.

(b)

Other Permitted Use Signs. Signs for permitted non-residential uses shall be permitted when such signs do not exceed an aggregate area of 18 square feet for each use. Such signs may be illuminated only by shielded white lights.

(c)

Development Identification Signs. One development identification sign not exceeding 40 square feet in area may be erected at each main street entrance to a development subject to the following provisions:

1.

Signs shall be monument signs with a maximum height of eight feet.

2.

The maximum area of the sign may be on one sign or divided into two signs located on each side of the development's road entrance.

3.

Light fixtures shall not be included in calculating the maximum height.

4.

Such signs shall be illuminated only by shielded white lights.

(d)

Changeable Copy Signs for Certain Institutional Uses. Changeable copy signs may be erected for schools, religious institutions and hospitals in residential districts subject to the following provisions:

1.

The property shall abut and the sign shall be oriented toward an arterial street.

2.

The digital reader board shall be limited to 18 square feet and the total sign area limited to 30 square feet.

3.

Signs shall be monument signs with a maximum height of eight feet.

4.

Animations, flashing, video and other display or transition modes of operation that create the appearance of motion are prohibited.

5.

Signs shall not change the displayed message more frequently than once every six seconds and transitions shall not last longer than one second.

6.

Display brightness shall not exceed three-tenths foot-candles over ambient light levels. Foot-candle readings shall be measured using an appropriate meter at a distance of 45 feet perpendicular to the face of the sign.

7.

Signs shall have automatic dimming capabilities to maintain compliance with brightness requirements.

Signs pertaining only to the uses conducted on the premises, but not including any roof signs or billboards, will be permitted, subject to the provisions of this section. The provisions of this section do not apply to signs that are further than 12 inches inside of the inside face of an exterior windowpane.

(a)

Building-Mounted Signs.

1.

Building mounted signs shall face only upon an abutting street or an abutting parking lot of the same parcel where the sign is located.

2.

The aggregate face area of all signs on any one wall of the building shall not exceed 24 square feet except for where building frontage along the street exceeds 60 linear feet, the sign area may be increased to up to one-half square foot per linear feet, provided that the maximum size shall not exceed 50 square feet.

3.

Newly constructed groups of buildings shall have unified and coordinated building mounted signs.

4.

No wall sign shall project more than 15 inches beyond the face of a building. Projecting Signs mounted perpendicular to the building may project a maximum of four feet beyond the face of the building and shall allow for eight feet of clearance between the bottom of the sign structure and the ground. No sign shall project above the parapet wall of the building.

Exhibit VI-12: Building Mounted Sign Samples

(b)

Free-Standing Signs.

1.

One free-standing sign structure, permanently fixed to the ground, may be erected on each street on which a lot occupied by a permitted use abuts, provided such sign structure does not extend beyond the lot line nor shall such sign be located closer to the front property line than two feet.

2.

Such sign structure shall be limited to two sign faces, each of which shall not exceed 24 square feet in surface area.

3.

Any architectural or decorative surrounds to support or enhance the sign face may not exceed 25 percent of the maximum allowable sign face surface area.

4.

Sign bases, uprights, or poles located under the sign shall not count toward the architectural or decorative surrounds calculation.

5.

The overall height of any sign structure, including its architectural or decorative surrounds, shall not exceed ten feet above the ground.

6.

Any pole supporting a freestanding sign shall be in an 18 inch wide rectangular enclosure. The material and color of the enclosure shall coordinate with the sign and/or building.

7.

Any freestanding sign in a historic district shall be monument style, maximum seven feet in height, comply with the historic district guidelines, and receive approval from the Secretary of the Historic Preservation Commission. Decisions of the Secretary may be appealed to the Historic Preservation Commission.

Exhibit VI-13: Free-Standing Sign Samples

(c)

Signs for Multi-Structure Developments.

1.

When a group of buildings is coordinated into a business, IN-1 Institutional campus or shopping area, one free-standing sign structure, permanently fixed to the ground and designed to identify the area as a whole, may be erected on each street on which the area abuts, provided such sign structure shall not be located closer to the front property line than two feet.

2.

Such sign shall be limited to two sign faces, each of which shall not exceed 24 square feet in area for the first business tenant, but may be increased incrementally by four square feet for each additional business tenant up to a maximum of 32 square feet.

3.

Any architectural or decorative surrounds to support or enhance the sign face may not exceed 25 percent of the maximum allowable sign face surface area.

4.

The overall height of any such sign, including its architectural or decorative surrounds, shall not exceed ten feet above the ground.

(d)

Sign Illumination.

1.

When any sign is lighted in these districts, such lights shall be enclosed in the sign, shaded or indirect so that the source of illumination is not visible and in no way interferes with the vision of motorists or with neighboring residents.

2.

Only white illumination shall be used, and no flashing (on-and-off) sign simulating movement shall be permitted, except signs indicating time and/or temperature or similar signs erected for the convenience of the public. No other changeable copy signs are permitted in the B-1 or IN-1 districts.

3.

No fluorescent paint or other reflective surface shall be used.

(e)

Open Signs. One sign with the word "open" (neon or otherwise) shall be permitted per use, provided the sign does not exceed four square feet. Said sign shall not count towards the maximum allowable sign square footage if it is located behind a window or door.

(f)

Visibility at Intersections. Signs shall not encroach on areas necessary for visibility at intersections (see section 35.2-66.4).

Signs pertaining only to the uses conducted on the premises, but not including any roof signs or billboards, will be permitted, subject to the provisions of this section. The provisions of this section do not apply to window signs on the inside of buildings that are further than 12 inches inside the inside face of an exterior window pane, nor to small signs on outdoor merchandise display racks, cases and vending devices.

(a)

Building-Mounted Signs.

1.

Building mounted signs shall face only an abutting street or an abutting parking lot of the same parcel where the sign is located.

2.

The aggregate sign face surface area of all signs, including trim or embellishment, on any one building wall within 200 feet from the abutting street right-of-way for any improved street shall not exceed 25 square feet plus one square foot for each linear foot of such wall.

3.

In no case shall the sign face surface area exceed 150 square feet.

4.

The aggregate sign face surface area of all signs on any one building wall greater than 200 feet from the abutting street right-of-way shall not exceed 25 square feet plus two square feet for each linear foot of such wall.

5.

The sign face surface area shall not exceed 200 square feet except that for buildings three stories or greater in height the sign size may increase 20 square feet per story above the maximum permissible sign area.

6.

Newly constructed groups of buildings shall have unified and coordinated building mounted signs.

7.

No sign applied flat to the wall shall project more than 15 inches beyond the face of a building. Signs mounted perpendicular to the building may project a maximum of four feet beyond the face of the building and shall provide at least eight feet of clearance between the bottom of the sign structure and the ground. No sign shall project above the parapet wall of the building.

(b)

Free-Standing Signs.

1.

One free-standing sign structure, permanently fixed to the ground, may be erected fronting each street that a lot occupied by a permitted use abuts, provided such sign structure is not located closer to the property line than two feet.

2.

Such sign structure shall be limited to two sign faces, each of which shall not exceed 50 square feet in area.

3.

Any changeable copy sign must abut or connect with the sign face and the total square footage for both sign face surface area and changeable copy sign surface area may not exceed 66 square feet (see Exhibit VI-14).

4.

The changeable copy sign surface area itself may be no larger than 22 square feet.

5.

Any architectural or decorative surrounds to support or enhance the sign face and/or changeable copy sign face may not exceed 25 percent of the allowable sign face surface area.

6.

The overall height of any such sign structure, including any architectural or decorative surrounds, shall not exceed 17 feet above the ground.

7.

Any pole supporting a freestanding sign shall be in an 18-inch wide rectangular enclosure. The material and color of the enclosure shall coordinate with the sign and/or building. Any freestanding sign in a historic district shall be monument style, comply with the historic districts design guidelines and receive administrative approval from the City Planner. Decisions of the City Planner may be appealed to the Historic Preservation Commission.

Exhibit VI-14: Changeable Copy Signs

(c)

Signs for Multi-Structure Developments.

1.

When a group of buildings is coordinated into a business, institutional campus, shopping area or industrial complex, one free-standing sign structure, permanently fixed to the ground, designed to identify the area as a whole may be erected on each street on which the area abuts, provided such sign shall not be located closer to the front property line than two feet.

2.

For a group of buildings that is between 100,000 square feet and 200,000 square feet, such sign shall be limited to two faces, each of which shall not exceed 75 square feet in area plus 16 square feet for a changeable copy sign.

3.

The changeable copy sign must be attached to the sign. For a group of buildings that exceeds 200,000 square feet in area, such sign shall be limited to two faces, each of which shall not exceed 125 square feet in area plus 16 square feet for a changeable copy sign.

4.

The changeable copy sign must be attached to the sign. Any architectural or decorative surrounds to support or enhance the sign and/or changeable copy sign may not exceed 25 percent of the allowable sign area.

5.

The overall height of any such sign, including any architectural or decorative surrounds, shall not exceed 17 feet above the ground.

6.

Development identification signs may be erected at each main street entrance to business park, industrial park or corporate campus development subject to the following provisions:

a.

Signs shall be monument signs with a maximum height of 12 feet.

b.

The maximum area of the sign as established in paragraphs (2) and (3) of this section may be on one sign or divided into two signs located on each side of the development road entrance.

c.

Such signs shall be illuminated only by shielded white lights.

(d)

Traffic Direction Signs. Traffic direction signs, each not exceeding four square feet in area, and four feet in height may be displayed as follows:

1.

Signs identifying vehicular entrance to and exit from the lot; and

2.

Signs of the type generally used for traffic control necessary for the safe and proper control of vehicular and pedestrian traffic within the lot.

(e)

Sign illumination.

1.

When any sign is lighted in this district, such lights shall be enclosed in the sign, shaded or indirect so that the source of illumination is not visible and in no way interferes with the vision of motorists or with neighboring occupants.

2.

Only white illumination shall be used, and no flashing (on-and-off) sign, nor any sign simulating movement, which includes video and animation, shall be permitted, except signs indicating time and/or temperature or similar signs erected for the convenience of the public.

3.

No fluorescent paint or other preparation shall be used for high reflection.

4.

Neon tubing of any color is permitted on a sign, provided the neon is installed within a channel enclosure.

5.

Digital signs shall have automatic dimming capabilities, with display brightness not to exceed three-tenths foot-candles over ambient light levels. Foot-candle readings shall be measured using an appropriate meter at a distance of 45 feet perpendicular to the face of the digital billboard.

6.

Digital signs shall not change the displayed message more frequently than once every six seconds.

(f)

Open Signs. One sign with the word "open" (neon or otherwise) shall be permitted per use, provided the sign does not exceed four square feet. Such a sign shall not count towards the maximum sign square footage.

(g)

Visibility at Intersections. Signs shall not encroach on areas necessary for visibility at intersections (see section 35.2-66.4).

Signs pertaining only to the uses conducted on the premises, but not including any roof signs or billboards, will be permitted subject the conditions of this section. The provisions of this section do not apply to signs that are further than 12 inches inside the interior face of an exterior windowpane, nor to small signs on outdoor merchandise display racks, cases and vending devices.

(a)

Prohibited Signs. Box signs, internally illuminated plastic signs, moving signs or signs simulating movement, and flashing signs are not permitted.

(b)

Building-Mounted Signs.

1.

Building-mounted signs shall face only upon an abutting street or an abutting parking lot of the same parcel where the sign is located.

2.

The aggregate face area of all signs on any one wall of a building shall not exceed one square foot per one linear foot of building.

3.

For buildings six stories or greater, the sign size may increase 20 square feet per story.

4.

No roof-mounted signs are permitted except where the Historic Preservation Commission finds that the sign is consistent with historically significant signage in a local, state or federal historic district or property.

5.

No sign applied flat to the wall shall project more than 15 inches beyond the face of a building. Signs mounted perpendicular to the building may project a maximum of four feet beyond the face of the building and shall provide at least eight feet of clearance between the bottom of the sign structure and the ground. No sign shall project above the parapet wall of the building.

(c)

Free-Standing Signs.

1.

One free-standing sign, permanently fixed to the ground, may be erected on each street on which a lot occupied by a permitted use abuts, provided such sign does not extend beyond the lot line.

2.

Such sign shall be limited to two faces, each of which shall not exceed 32 square feet in area. Any architectural or decorative surrounds to support or enhance the sign may not exceed 25 percent of the allowable sign area.

3.

The overall height of any such sign, including any architectural or decorative surrounds, shall not exceed seven feet above the ground and shall be monument style.

(d)

Signs for Multi-Structure Developments.

1.

When a group of buildings is coordinated into a business or shopping area, one free-standing sign, permanently fixed to the ground, designed to identify the area as a whole may be erected on each street on which the area abuts, provided such sign shall not extend beyond the lot line.

2.

Such sign shall be limited to two faces, each of which shall not exceed 50 square feet in area.

3.

The overall height of any such sign shall not exceed seven feet above the ground and shall be monument style.

(e)

Compliance with Historic District Design Guidelines. Any sign in the B-4 district shall follow the commercial historic districts design guidelines and receive approval from the City Planner. Decisions of the City Planner may be appealed to the Historic Preservation Commission.

(f)

Sign illumination. Internal illumination of signs is permitted for individual letters or logos. When any sign is lighted, such lights shall be indirect white spotlights only. Only white illumination shall be used. No fluorescent paint or other highly reflective surface shall be used.

(g)

Open Signs. One sign with the word "open" (neon or otherwise) shall be permitted per use, provided the sign does not exceed four square feet. Such a sign shall not count towards the maximum sign square footage.

(h)

Temporary Signs. Additional temporary signs may be permitted as regulated by Section 35.2-14.3 and the provisions of this section.

All billboards constructed or erected after the enactment of this ordinance shall conform to the following requirements:

(a)

No person shall cause to be constructed or erected in a B-5 district any billboard except a billboard that replaces a then existing billboard in a B-5 district. Any billboard existing in a B-5 district at the time of enactment of this ordinance, and any replacements and any billboard existing in an I-2 or I-3 district at the time of enactment of this ordinance shall not be considered as a non-conforming billboard provided said billboard is in compliance with this ordinance. All other billboards existing at the time of enactment of this ordinance shall be deemed non-conforming billboards.

(b)

Any billboard located within 300 feet of the centerline of, and readily readable from, any limited access highway shall be located not nearer than 500 feet to an exit ramp. The required distance shall be measured along the center line of the highway, in the direction in which traffic is approaching the exit ramp, beginning at the nearest intersecting point of a line drawn perpendicular to the said center line through the beginning of the nearest exit ramp with said highway. No billboard shall be located in such a manner as to obstruct an existing advertising structure viewed from a point on the main traveled portion of said highway at a distance of 300 feet approaching said sign.

(c)

Billboards shall be located no less than 500 feet apart.

(d)

The spacing provisions cited above shall not apply to billboards separated by buildings or other obstructions in such a manner that only one sign located within the required spacing distance is visible from the road at any one time.

(e)

Except on property located adjacent to limited access highways, no billboard shall be located within 150 feet of any property zoned for or used as a residential development, church, playground, school or public park.

(f)

The construction of new billboards shall be prohibited within 1,320 feet of the John Lynch Memorial Bridge and the Carter Glass Bridge.

(g)

The area of the advertising surfaces erected on any billboard shall not exceed 675 square feet, and no billboard(s) shall be double-decked, multi-decked, stacked or side-by-side structures with more than one surface area facing the same direction.

(h)

When any billboard is lighted, such lights shall be enclosed in the sign, shaded or indirect, so that they will in no way interfere with the vision of motorists or with neighboring residents. Only white illumination shall be used, and no flashing (on-and-off) sign, nor any sign simulating movement (which includes video and animation), shall be permitted. No fluorescent paint or other highly reflective surface can be used.

(i)

The maximum height of a billboard shall be 40 feet from the grade of the thoroughfare to which the sign is oriented or from the base of the structure, whichever is higher.

(j)

Commercial electronic variable message signs or digital billboards are legal and conforming and permitted in I-2, Light Industrial Districts and I-3, Heavy Industrial Districts by right. Existing billboards in B-5, General Business Districts may be converted to a digital billboard by right and upon such conversion shall be legal and conforming.

(k)

Digital billboards shall conform to the following additional standards:

1.

Digital billboards shall not change the displayed message more frequently than once every six seconds.

2.

Display brightness shall not exceed three-tenths foot-candles over ambient light levels. Foot-candle readings shall be measured using an appropriate meter at a distance of 250 feet perpendicular to the face of the digital billboard.

3.

Digital billboards shall have automatic dimming capabilities.

(l)

All billboards shall be maintained by the owner in accordance with Section 33.1-370.2 of the Code of Virginia.

(m)

No billboard shall be erected, rebuilt, altered or relocated without a Building Permit.

(Ord. No. O-18-048, 6-12-18)

All signs, banners, inflatable items and similar devices, and their supporting structures, that are displayed within the City shall be maintained in good order and repair, and shall be properly anchored so as to be kept in sound condition. All exposed surfaces shall be protected against decay or rust by proper application of weather-coating materials, such as paint or a similar surface treatment.

(a)

Except for those standards for signs which must be modified by the granting of a variance, a conditional use permit or a rezoning, modified signs are permitted in a historic district by a certificate of appropriateness issued by the Historic Preservation Commission. A request for a certificate of appropriateness for a modified sign shall be submitted to the Historic Preservation Commission in the manner provided by section 35.2-13 of this Zoning Ordinance. The Historic Preservation Commission may grant modifications upon a determination that:

1.

The proposed sign is a re-creation or repair of a historically significant sign.

2.

The proposed sign will not be detrimental to the character of the historic district in which it is located or other adjacent properties.

(b)

The Historic Preservation Commission shall not deny an application for a modification of a sign in a historic district based upon the content of the sign and the denial of an application on such grounds is prohibited. Appeals of a decision of the Historic Preservation Commission shall be taken in the manner provided in section 35.2-44.1 of the Zoning Ordinance and in the Code of Virginia.

These outdoor lighting provisions establish standards for outdoor lighting to:

(a)

Protect against direct glare and excessive lighting;

(b)

Provide safe roadways for motorists, cyclists and pedestrians;

(c)

Promote efficient and cost effective lighting;

(d)

Ensure that sufficient lighting can be provided where needed to promote safety and security; and

(e)

Allow for flexibility in the style of lighting fixtures.

(a)

All applications for final site plan review or conditional use permits shall include lighting plans showing location, type, height and lumen output of all proposed and existing fixtures. The applicant shall provide information to verify that lighting conforms to the provisions of this lighting code at the time of final site plan approval.

(b)

All permanent exterior lighting installed on private property, excluding single-household and duplex dwellings, after the effective date of these provisions shall comply with the requirements established herein unless required by a public agency for public safety purposes. The standards established in this section do not apply to public street lights.

(c)

Lighting that is established pursuant to submittal of a master lighting plan may exceed the heights established in section 35.2-65.3(a) as long as a qualified lighting professional certifies that spillover lighting at the outer property lines of the area subject to the master lighting plan does not exceed the maximum lighting thresholds established in section 35.2-65.3.

(d)

The outdoor lighting requirements of this section do not apply to holiday lighting between November 15 and January 15 of each year.

(a)

Shielding Required. All exterior lighting shall be full cut-off fixtures with the light source fully shielded, with the exception of unshielded luminaires installed pursuant to paragraph (c) of this section. All other lighting shall be installed so that the direct lighting from fixtures is shielded from crossing any residential property line.

(b)

Maximum Spillover Lighting. Outdoor lighting shall not cause spillover lighting at any residential property line exceeding 0.5 footcandles measured horizontally and vertically at the property line.

(c)

Unshielded Luminaires. When a light source or luminaire has no cutoff or a cutoff that is greater than 90 degrees, the requirements of Exhibit VI-15: Standards for Unshielded Luminaires shall be met.

Exhibit VI-15: Standards for Unshielded Luminaires

*Measured from the ground to light source.

(d)

Other Outdoor Lighting Fixtures. All outdoor lighting fixtures other than those listed in paragraph (c) of this section shall have a total cutoff of light at an angle equal to or less than 90 degrees and shall be shielded from abutting residential properties. The maximum permitted height of the luminaire shall meet the standards in Exhibit VI-16.

Exhibit VI-16: Standards for Luminaires with Cutoffs

* Measured from the ground to light source.

Notwithstanding any other provision of this section to the contrary:

(a)

No flickering or flashing lights shall be permitted.

(b)

Light sources or luminaires shall not be located within a required buffer except along pedestrian walkways.

(c)

Measurement.

1.

Metering equipment. Lighting levels shall be measured in footcandles.

2.

Method of measurement. The meter sensor shall at ground level for horizontal footcandles and five feet above ground for vertical footcandles. Readings shall be taken by qualified personnel only after the cell has been exposed long enough to provide a constant reading.

3.

Responsibility for Measurement at the Time of Installation. Prior to issuance of a certificate of occupancy, the person installing lighting fixtures shall document compliance with the requirements of the lighting requirements in this section 35.2-65 et seq.

As part of the site plan approval process, the applicant shall submit a lighting plan that includes the location of outdoor lighting and a key to the proposed outdoor lighting that provides the following information:

(a)

Type and number of luminaire equipment (fixtures), including the "cut off characteristics", indicating manufacturer and model number(s).

(b)

Lamp source type (bulb type, i.e. high pressure sodium), lumen output, and wattage. Mounting height with distance noted to the nearest property line for each luminaire.

(c)

Types of timing devices used to control the hours set for illumination, as well as the proposed hours when each fixture will be operated.

(d)

Total footcandles for each fixture, and total square footage of areas to be illuminated.

(e)

Lighting manufacturer-supplied specifications ("cut sheets") that include photographs of the fixtures, indicating the certified "cut off characteristics" of the fixture.

(f)

Lighting design shall be submitted showing an average maintained point-by-point analysis of the area and showing the footcandles at the property lines for light trespass analysis.

(g)

A statement from a lighting professional that the resulting lighting, including all on-site sources of lighting complies with the standards of this Zoning Ordinance.

(h)

A statement that no substitutions, additions, or changes may be made without prior approval by the Zoning Administrator.

(a)

All driveway entrances and other openings onto streets shall be designed constructed so that:

1.

Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians, cyclists or vehicles traveling in abutting streets; and

2.

Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized.

(b)

Requests for new driveway entrances or requests for modifications to existing driveway entrances, when not associated with a rezoning or conditional use permit application shall be reviewed and approved by the City Engineer.

(c)

Specifications for spacing and dimensions of driveway entrances are established in the following section.

(a)

Purpose. This section is intended to ensure safe and efficient access to commercial properties and to encourage growth and economic development. These access management standards are intended to minimize disruptive and potentially hazardous traffic conflicts, ensure safe access by emergency vehicles, maximize roadway capacity and promote public safety. The regulations set forth in this section will apply to all urban collector or higher order roads as identified in the Comprehensive Plan, except where access is managed by VDOT.

(b)

Applicability. The provisions of this section apply to any development or redevelopment subject to site plan approval, subdivision, resubdivision or a traffic study. These standards shall not apply within the B-4 district due to the low traffic speeds, limited setbacks, on-street-parking, wide sidewalks and other pedestrian-oriented design features throughout this zoning district.

(c)

Public and Emergency Vehicle Access. Access shall be provided to the public street system from all lots, parcels or developments. All subdivisions shall have access from a public street capable of supporting emergency access.

(d)

Minimum Driveway Spacing. The minimum separation between the nearest edges of pavement between driveways shall be 150 feet along urban collector streets and 330 feet along arterial streets unless a greater separation is determined to be needed for any development requiring a traffic study. The City Engineer may modify these standards to reflect unique site conditions (such as traffic speed, traffic volume, visibility at intersections, turn lanes and topography) that would improve or degrade intersection safety.

(e)

Maximum Number of Driveways Per Lot. Lots existing at the time of adoption of this ordinance without sufficient frontage to allow the above minimum distance between driveways shall be permitted one driveway per lot and:

1.

Where topography prohibits joint access, driveway separation shall be maximized.

2.

Where adjacent lots existing at the time of adoption of this ordinance are under separate ownership, one or more of the lots is too narrow to allow for required driveway separations, and one of the property owners does not agree to relocate an existing driveway, the City Engineer shall determine the location of the driveway for the lot being developed or redeveloped based on traffic safety and considerations and the potential for future shared driveways.

3.

Where two or more abutting lots are under common ownership or control, the entire frontage of the lot shall be used in determining the number of driveways.

(f)

Access for Corner Tracts. No driveway approach may be located closer to an intersection than the minimum driveway spacing standard established in paragraph (d) of this section. This measurement shall be taken from the intersection of property lines at the corner and the nearest edge of pavement of driveway. When existing lot sizes do not allow for minimum spacing requirements to be met, the City Engineer shall determine the safest practical access, which may include locating access as far from the intersection as practical, limiting access to side streets and/or limiting turn movements.

(g)

Shared Access.

1.

If the applicant requests to create a lot with less frontage than the minimum driveway spacing established in paragraph (d) of this section, the use of shared driveways, cross-access drives, service drives, and similar means of shared access connecting two or more lots or uses shall be required pursuant to subdivision approval.

2.

Where shared access is provided for multiple uses, the minimum parking requirement shall be reduced by ten percent for each of the lots providing said shared access.

3.

Where shared access is provided for multiple lots pursuant to this section, access easements granting access to adjacent or undeveloped site(s) shall be recorded with the following specifics:

a.

Location. New shared driveways, cross-access drives, and service drives shall be aligned with existing drives on adjacent lots.

b.

Cross-Access Easement. Shared driveways, cross-access drives, and service drives shall be located within a dedicated access easement that permits traffic circulation between lots, which shall be recorded with the clerk of court.

c.

Construction and Materials. Shared driveways, cross-access drives, and service drives shall be paved with concrete, asphalt, similar hard-surfacing materials or porous pavement materials approved by the TRC. The grade of such drives shall be coordinated with existing or planned drives on adjacent lots.

d.

Maintenance. The easement area shall remain clear of obstructions, and shall not be used for parking. Each property owner shall be responsible for maintenance of the shared access. A maintenance agreement shall be required by the City Planner, subject to review and approval by the City Attorney.

e.

Remaining Frontage. The remaining street frontage on collector and arterial roadways shall have no access.

(h)

Alignment of Access. Driveways shall be aligned with existing driveways and cross-overs unless otherwise approved by the City Engineer.

The minimum dimensions for curb radii, driveway throat length and driveway widths shall comply with the City's currently adopted Engineering Standards Manual.

(a)

Purpose. To provide adequate visibility for streets and driveways, sight visibility areas shall be maintained at street intersections and at the intersections of streets with driveways serving more than two dwelling units in accordance with this section.

(b)

Visual Obstructions Prohibited. Sight visibility areas shall be maintained free of visual obstructions to between the height of three and eight feet above street grade. No building, fence, wall, hedge or other structure or planting more than three feet in height other than posts, columns or trees separated by not less than six feet from each other, shall be erected, placed or maintained in these areas.

(c)

Visibility Area Dimensions. The dimensions of visibility areas shall comply with the standards established in Exhibit VI-17. The dimensions in the table correspond with the dimensions in the drawing and are measured from the intersections of the edges of pavement lines to the ends of the hypotenuse of the triangle. The City Engineer may modify these standards based on topographic conditions, speeds and road configurations in accordance with VDOT Access Management Regulations.

(d)

B-4 District Applicability. In the B-4 district, buildings shall not be required to be set back further than the edge of the property lines.

Exhibit VI-17: Visibility Areas

Expand

Intersection Type	Dimension
	A	B
Any intersection involving only local streets or driveways	20 feet	20 feet
Any intersection of a local street or driveway with an urban arterial with a speed limit of 30 mph or less	20 feet along the driveway or local street	25 feet along the urban collector street or urban arterial street
Any intersection of a local street or driveway with an urban collector or urban arterial with a speed limit of 35 mph	25 feet along the driveway or local street	40 feet along the urban collector street or urban arterial street
Any intersection of two urban collectors or urban arterials with speed limits of 35 mph or less	30 feet	30 feet
Any intersection of a street or driveway along a street with a speed limit greater than 35 mph.	To be determined by the City Engineer based on compliance with minimum sight distances established by VDOT.

 

(a)

Sidewalks and walkways that comply with Americans with Disabilities Act requirements, the City of Lynchburg Manual of Specifications and Standard Details and this section, shall be provided for any development subject to site plan review.

1.

New development: Sidewalks shall be provided along all street frontages.

2.

Redevelopment: Sidewalks shall be provided along the primary street frontage and for redevelopments with multiple street frontages along the secondary street frontage as provided in this section. For purposes of this section, primary street frontage shall be the street with the highest vehicle trips per day and secondary street frontage shall be the street with the second highest vehicle trips per day.

a.

Sidewalks shall be required when site development meets the threshold of 15,000 gross square feet of developed area per 100 linear feet of primary street frontage, whether the developed area is existing or proposed at the time of site plan approval. Existing development shall be calculated from data maintained by the city assessor's office and proposed development shall include any new buildings, parking areas or areas of land disturbance.

[site development = (frontage ft/100) x 15,000]

b.

Redevelopments that exceed the site development threshold prior to final site plan approval, shall not be required to construct sidewalks until site development exceeds an additional 5,000 cumulative square feet.

c.

For the purposes of this ordinance redevelopment shall be considered the expanded development of a property while retaining the existing buildings.

Exhibit VI-18: Sidewalk Threshold Requirements for Redevelopment

(Ord. No. O-17-098, 11-14-17)

(a)

Sidewalks shall be as provided in Exhibit VI-18.1. Generally, sidewalks shall be located in the right-of-way adjacent to the property line. However, the City Engineer may approve the installation of sidewalks on private property upon finding that adequate easements have been provided by the property owner and the sidewalk alignment provides adequate connectivity to existing and future sidewalks.

Exhibit VI-18.1: Sidewalk Width Requirements

(b)

For multiple household residential, mixed use or multi-occupant commercial centers and institutional uses, the applicant for site plan approval shall provide for a safe, clearly marked and continuous walkway from the sidewalk to the building entrances. Where warranted by the Manual on Uniform Traffic Control Devices (MUTCD), the driveways shall have either marked crosswalks that are ADA compliant or continuous ADA compliant sidewalks with aprons for vehicular traffic.

(Ord. No. O-17-098, 11-14-17)

Editor's note— Ord. No. O-17-098, adopted Nov. 14, 2017, amended § 35.2-67.2 in its entirety to read as herein set out. Former § 35.2-67.2 pertained to sidewalk requirements.

(a)

The zoning administrator may lessen or eliminate the requirements for sidewalks when existing cross-slopes in excess of 25 percent measured perpendicular across the width of the right-of-way, stormwater conveyances or other physical constraints render required sidewalk improvements unfeasible.

(b)

The zoning administrator may eliminate the requirement for sidewalk on streets with fewer than 100 vehicle trips per day and if the area served by the street will not generate an excess of 100 vehicle trips per day based upon the existing zoning patterns and the Comprehensive Plan's Future Land Use Map.

(c)

In areas where sidewalks are not required, and grading occurs in city right-of-way, grading shall be done in a manner so as not to preclude the future installation of sidewalks.

(Ord. No. O-17-098, 11-14-17)

All new development or redevelopment requiring a building permit shall comply with the City's minimum requirements for provision of public utilities as provided in this section and the other applicable sections of the City Code.

Utility design installation and connection shall comply with adopted policies and regulations, including but not limited to the requirements that:

(a)

Utilities shall be extended through the property designed and installed to comply with City standards.

(b)

Adequate easements shall be provided to facilitate access for maintenance.

(c)

On-site utility distribution and service lines shall be installed underground unless the City Engineer determines that undergrounding utilities for remodeling or partial redevelopment of a site are not practical due to the configuration of existing utilities. This requirement does not apply to:

1.

New, redeveloped or modified single family or duplex residences on a lot of record established prior to the adoption of this provision.

2.

Additions to structures existing at the time of the adoption of this provision.

(d)

Utility distribution and service lines within new subdivisions shall be installed underground except that distribution and service lines interior to lots or along private streets within IN-2 and I-3 districts may be located above ground.