(a)

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

(b)

Placement.

(1)

No fence shall be constructed within two feet of any street line. In the case of corner lots in residential districts, within 25 feet from the intersection of the two street right-of-way lines, there shall be a sight triangle with no planting, fence or obstruction to vision (except street signs, utility poles or traffic signs) more than three feet high.

(2)

No fences shall be placed within the front yard areas except in the B-1 district where fences not to exceed three feet in height shall be allowed pursuant to the adopted Main Street guidelines.

(c)

Height.

(1)

Fences shall not exceed a height of six feet as measured from the topmost point thereof to the ground or surface, along the centerline of the fence, in a business or residential zone. Additional restrictions apply to corner lots pursuant to (b) 1 above.

(2)

Fences surrounding industrial sites, public playgrounds, institutions, or schools may not exceed a height of 14 feet.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

(a)

Purpose and intent. The purpose of this section is to establish minimum standards for landscape architecture, site design, site buffering, streetscaping, and landscape screening. With the intent of preserving and promoting the health, safety, and general welfare of the town, these regulations are based on the following goals:

(1)

Preserve and enhance the aesthetic character of the town;

(2)

Protect the quality of the town's natural rivers, streams, and wetlands;

(3)

Improve the relationship between adjacent properties through screening and buffering; and

(4)

Promote economic development in the town.

(b)

Landscape plan requirements.

(1)

A landscape plan shall:

a.

Be required in conjunction with any development project requiring site plan approval.

b.

Comply with the site plan requirements as specified in section 66-22(6).

c.

Be prepared and/or certified by a landscape architect, landscape nursery person, horticulturalist, or other design professional practicing within their area of competence; provided, however, that in the case of small development proposals involving less than five lots, the landscaping plan may be prepared by the property owner.

d.

Cover the entire project area included in the overall site plan or development plan for which approval is sought.

(2)

A landscape plan shall include:

a.

Location and identification by size and name, both common and botanical, of all heritage, memorial or specimen trees in open areas on the site which are proposed to be disturbed. In wooded areas, the woodline before site preparation, average size, and predominant species of trees shall be noted, except that any heritage or memorial tree, within a wooded area proposed for clearing shall be individually located and identified by size and name, both botanical and common.

b.

Existing vegetation to be saved shall be indicated and noted accurately if credits for tree preservation are being proposed or claimed.

c.

Location, dimensions and area of all required buffer and landscape yards, including transitional areas.

d.

Location and description of other proposed landscape improvements such as earth berms, walls, fences, or paved areas, including notes and details to describe fully the methods and materials proposed.

e.

Plant list or schedule to include common and botanical name, quantity, spacing, and size at time of planting of all proposed plants.

f.

Locations and labels of all proposed plants.

g.

Planting, installation details and tree protection details as necessary to ensure conformance with the standards set forth in this chapter.

h.

Schedules or lists showing required and proposed quantities for landscape items required by this chapter.

(3)

The following factors shall be considered:

a.

Location of trees, shrubs, groundcovers, and other landscaping to utilize effectively the natural capacities of plant materials to intercept and absorb airborne and runoff-related pollutants, and to reduce runoff volume, velocity and peak flow increases caused by development.

b.

Preservation and protection of existing viable and mature trees to the maximum extent feasible.

c.

Appropriateness of plants and locations for the specific characteristics of the site and the purpose for installation.

d.

A preference to designs and plant materials with reduced water needs.

e.

An emphasis on landscaping in front of the principal building on the site and on providing appropriate breaks in parking and vehicular areas.

(c)

General requirements.

(1)

No site plan required under the terms of this chapter shall receive final approval unless a landscaping plan has been submitted and approved.

(2)

No certificate of zoning compliance or certificate of occupancy may be issued unless the following criteria are fully satisfied regarding the approved landscape plan:

a.

Such plan has been implemented on the site; or

b.

Such plan, because of seasonal conditions, cannot be implemented immediately, but has been guaranteed by a postponed improvement agreement between the developer and the town in a form acceptable to the town, and secured by a letter of credit, cash escrow or other instrument acceptable to the town in an amount equal to the cost of such installation plus a reasonable allowance for estimated administrative costs, inflation and potential damage to existing vegetation or improvements.

(3)

Maintenance of landscaping and screening. The property owner, or the owner's successors, shall be responsible for the maintenance of all landscaping, fencing and screening materials required by this chapter or under the terms of other development approvals and shown on an approved landscape plan. Failure to maintain such landscaping, fencing and screening shall be deemed a violation of this chapter.

a.

All plant material and planting areas required by this chapter or other development approval shall be tended and maintained in a healthy growing condition, replaced when necessary, and kept free of refuse, litter and debris. The replacement provision for landscaping shall apply only to plants that were required to be installed or that were awarded preservation credits as part of the site plan approval process.

b.

All fences, walls and screening required by this chapter shall be maintained in good repair.

c.

If any required landscaping material shown on the plan is subsequently replaced, the new material shall conform with the original approved landscape plan, or an approved amended plan, with respect to size and characteristics of the plantings. In meeting the terms of this section, the replacement of mature trees which were counted toward the original landscape compliance shall be with trees of a similar species and of a size that meets the standards for new installations.

d.

Landscaping shall not obstruct the view of motorists using any street, private driveway, parking isles, or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety.

(d)

Design standards.

(1)

Layout and design standards. Except as may be otherwise required by this article, the following layout and design standards shall apply to all landscape plans:

a.

Tree canopy shall be provided pursuant to chapter 50.

b.

In all developments of five acres or where more than 20 trees are required under this Code, all trees installed to meet the requirements of this chapter shall be comprised of a combination of tree types. The town council may approve alternate plans if, in their judgment such plan would improve the overall appearance and quality of the development.

c.

All trees installed to meet the requirements of this chapter should be dispersed throughout the required planting areas, should be planted with a combination of single trees and groups of trees in a staggered, clustered or other pattern designed to complement the building and site design and promote appropriate views and sight lines. Trees shall not be installed in a continuous single row except where necessary and appropriate to meet screening or transitional buffer requirements. All trees should be planted to provide that their estimated radius at 20 years of age will not extend beyond the property line.

d.

Shrubs, perennials and ornamental grasses installed to meet the requirements of this chapter should be installed in groupings and integrated with trees.

e.

Existing vegetation which is suitable for use in the landscape shall be preserved and used as required plantings to the maximum extent practicable. In no case shall any viable mature, heritage, memorial, specimen, or significant tree be removed from any buffer area or landscape preservation easement except to accommodate necessary entrances or utility service to the site which cannot be relocated in an appropriate manner or where such preservation would create or perpetuate demonstrable public health, safety or welfare hazards.

f.

Impervious surface area should be limited to the minimum amount necessary to accommodate the desired development and ensure appropriate levels of parking, traffic safety and on-site circulation. The zoning administrator may require plan modifications which reduce the amount of impervious surface area without inhibiting site development and operation.

g.

Modifications of the layout and design standards contained herein may be approved by the zoning administrator upon a determination that the following conditions exist:

1.

The proposed layout and design further a readily discernible theme or complement the architectural style of the structures on site. The lining of an entrance road or driveway with trees of the same species in straight lines parallel to the road or driveway in an attempt to further a colonial or antebellum theme expressed in the architecture of the buildings or the use of massed ornamental plantings to highlight or complement a unique architectural or natural feature are examples.

2.

The proposed layout and design provide landscaping which will have the same or similar screening impact, intensity or variation throughout the year when viewed from adjacent properties or rights-of-way as that which would be required by strict interpretation of the standards contained in this subsection.

3.

The proposed layout and design fully integrate and complement the existing trees to be preserved on the site.

h.

Any trees or shrubs installed or preserved on the site which exceed the minimum numerical requirements of this chapter shall not be subject to the species mixture, locational, maintenance or replacement requirements contained herein.

(2)

Standards for berms and earth forms. All berms and earth forms required or otherwise proposed for use shall conform with the following standards:

a.

Design should include physical variations in height and alignment.

b.

Landscape plant material installed on berms and earth forms should be arranged in an irregular pattern to accentuate variation and achieve a natural appearance.

c.

Location and design shall minimize disturbance to existing trees located on the site or adjacent thereto.

(3)

Site triangle standards.

a.

Fences, walls, gateways, ornamental structures, hedges, shrubbery, and other structures and plantings for all corner lots shall not obstruct the vision of intersecting streets, and shall be limited to a height of not over three feet above the established elevation of the nearest curb, or in the absence of a curb, the centerline of the road for a distance of 25 feet along an area within the triangle formed by the 25 foot distances.

b.

The corners of parking lots, parking islands, and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf grass, native grasses or other perennial flowering plants, vines, shrubs or trees.

(4)

Landscape yard standards. All proposed new developments shall include landscape yards as specified in the section of this Code applicable to the zone in which the development is located, in order to facilitate adequate control and management of stormwater runoff and of nonpoint source pollution as well as to enhance the aesthetics of the project.

a.

The minimum dimensions of landscape yards around the site perimeter shall be as prescribed in the section of this Code applicable to the respective zoning of the subject property. Landscape yards, as required herein, may include driveways providing access to other parcels in an effort to promote unified project design.

b.

The zoning administrator may approve the transfer of up to 50 percent of the required landscape yard located behind the rear of the site's principal building to the area in front of the site's principal building provided that all of the following conditions are met:

1.

No remaining landscape yard shall be less than five feet in width.

2.

The total amount of landscaped open space on the site is not less than it would be without the transfer.

c.

Landscape yards shall be landscaped with trees, shrubs, bushes, plant material, and ground cover in accordance with the provisions of this chapter. If transfers have occurred, the transferred area shall be landscaped in accordance with the requirements for the area from where it was transferred.

(5)

Tree protection standards.

a.

Trees which are to be preserved on site shall be protected before, during, and after the development process utilizing accepted practices. At minimum, the tree protection practices set out in the Virginia Erosion and Sediment Control Handbook, as amended, shall be utilized.

b.

Trees selected for preservation in order to obtain landscaping credits shall be shown on the landscape plan and clearly marked in the field. In woodland areas, groups of trees shall be selected for preservation rather than single trees wherever possible.

c.

Trees and groups of trees which are to be preserved shall be enclosed by a temporary fence or barrier to be located and maintained five feet outside of their dripline during construction. Such a fence or barrier shall be installed prior to clearing or construction, shall be sufficient to prevent intrusion into the fenced area during construction, and in no case shall materials, vehicles or equipment be stored or stockpiled within the enclosure. Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices.

d.

The developer shall be responsible for notifying all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that they are observed.

e.

Where grade changes in excess of six inches from the existing natural grade level are necessary, permanent protective structures such as tree wells or walls shall be properly installed.

(6)

Tree preservation standards. In determining which trees shall be preserved during the development process, consideration shall be given to preserving trees which:

a.

Are heritage, memorial, significant, and specimen trees;

b.

Complement the project design including the enhancement of the architecture and streetscape appearance;

c.

Can tolerate environmental changes to be caused by development (i.e., increased sunlight, heat, wind, and alteration of water regime);

d.

Have strong branching and rooting patterns;

e.

Are disease and insect resistant;

f.

Complement or do not conflict with stormwater management and best management practice designs;

g.

Are located in required buffer areas;

h.

Exist in natural groupings, including islands of trees;

i.

Do not conflict with necessary utility, structure, parking area, roadway, or sidewalk placements; and

j.

Have been recommended by the commonwealth department of forestry, the county cooperative extension service or a qualified arborist or urban forester for preservation.

(e)

Plant standards.

(1)

Source standards. All plant materials installed on a site shall have been grown in conformance with the American Standard for Nursery Stock. Plant material shall be of standard quality or better, true to name and type of their species or variety. Provided, however, that the zoning administrator may approve, in writing, the transplanting of trees or shrubs when such transplanting is done in accordance with accepted horticultural and silvicultural practices.

(2)

Species standards. All required landscape plant material proposed to be installed on the site shall be selected from the appropriate listing of recommended plant material contained in tables 1 through 7 in appendix A to this chapter and shall be of the minimum sizes noted; provided, however, that alternative species may be used, upon certification by a certified landscape architect, landscape nurseryman or horticulturalist that said species have a rated hardiness and growth habit appropriate for the intended location. Particular attention shall be given to selecting trees and shrubs based on the area in which they will be installed (e.g., landscaped yards, parking areas, adjacent to buildings, etc.) and the lists contained in appendix A to this chapter will assist in the selection and review of a landscaping design. In addition, landscaping shall be selected and arranged with appropriate attention to future growth and maturity in order to accommodate visibility, safety and aesthetic considerations without need for future severe pruning or removal.

(3)

Planting. Landscape plant materials shall be planted in accordance with either the standardized landscape specifications adopted by the state nurserymen's association, the state society of landscape designers or the state chapter of the American Society of Landscape Architects.

(f)

Requirements in residential districts (R-1, R-2, and R-3).

(1)

Screening and landscaping.

a.

All lot lines of all nonresidential uses that abut a residential property or residential district, which include but are not limited to nursing homes, townhouses, apartments, and all parking areas of schools and churches that abut any residential property or residential district, shall provide an evergreen vegetated buffer or fence, wall or enclosure of a suitable solid material, uniform throughout, of a height of six feet. If an evergreen vegetated buffer is used, all buffer strips of evergreen vegetation shall be a minimum of six feet in height. All screening and buffer strips must be of sufficient density to screen the site from adjoining residential properties and residential districts.

b.

On single existing lots or subdivisions totaling three lots or less, a minimum of 20 landscape plantings shall be provided on each individual lot consisting of enough one-inch caliper trees adequate to meet the appropriate tree canopy regulation and 50 percent of the balance of the plantings greater than one-gallon containers. The remainder of the shrubs may be one gallon or smaller containers at the time of planting.

(g)

Requirements for business districts (B-1, B-2, and TND-C).

(1)

Open spaces in the B-1 and B-2 districts.

a.

Open spaces shall be relative in scale, use and character with their surrounding neighborhoods. Existing sound buildings should not be demolished to create open space, but opportunities to add open space should be pursued. Open space shall be designated on the final site plan.

b.

All open space areas shall be kept in a clean, attractive and safe condition. All open space areas shall be kept open to the residents or occupants this open space is intended to serve.

(2)

Screening and buffering.

a.

Generally.

1.

Screening, where required, shall be visually opaque and constructed of a durable material. It shall be installed within a required buffer yard and shall be continuously maintained to meet the intent of this section.

2.

Acceptable screening materials include fences, decorative masonry walls, brick walls, and earth berms. Alternative materials may be approved if, in the opinion of the administrator, their characteristics and design meet the intent and standards of this section. Chain link fencing shall not be used.

3.

If evergreen trees, evergreen hedges, or other types of year-round plants are used, a landscaped area shall be provided at least five feet in width along the entire interior lot lines.

4.

When located in or adjacent to a residential area, the external appearance and arrangement of screening shall be of a form, character, appearance, and arrangement fully compatible with the residential area.

5.

The landscape buffers required in this article shall contain living plants (i.e., trees, shrubs, ground covers or grass), natural features (i.e., rock, stone, bark chips, wood shavings or land contouring) and/or structural features (i.e., walls, pedestrian walkways, night lighting, street furnishings) and shall be designed and provided in accordance with the comprehensive plan and the criteria in the main street guidelines .

b.

Specific standards.

1.

All property lines abutting a residential district or use shall have a fence, wall or enclosure of a suitable solid material, uniform throughout, to a height of six feet, unless natural evergreen hedges or evergreen wooded areas are used as buffer strips. All buffer strips of evergreen vegetation must be a minimum of six feet in height at the time of installation. All screening and buffer strips must be of density to screen the site from adjoining residential and agricultural districts.

2.

A buffer yard of not less than ten feet shall be required for all commercial uses which are located adjoining or across an alley from any residentially zoned district. The buffer yard area required for any zoning lot in a commercial district shall be maintained as planted or landscaped area only. Parking, storage, refuse containers, or other, accessory or otherwise, shall not be located within any required transitional buffer yard. Such buffer yards shall extend the entire length of the abutting residential zoning district.

3.

A 20-foot-wide landscape buffer shall be provided along public street frontages where a new nonresidential use abuts an existing or approved residential use.

4.

Outdoor storage. Open storage areas and exposed machinery shall be visually screened from roads and surrounding land uses. Screening shall be of an appropriate height and thickness, such as a fence or hedge, to block views into the area. It shall also be of a traditional style that is comparable with ones existing in the district.

5.

Utility/mechanical units and machinery. Heating, ventilating and air conditioning equipment, duct work, air compressors, other fixed operating machinery shall be either screened from view or located so that such items are not visible from the road. Utility meters, aboveground tanks, satellite dishes, antennas, etc., shall be similarly located or screened.

(3)

Parking lot landscaping.

a.

Parking lot landscaping shall be provided for all parking lots with 20 or more spaces. Landscaping plans for shall be prepared by a state-certified landscape architect.

b.

A minimum 20-foot landscape yard shall be provided along all public street frontages.

c.

A minimum ten-foot landscape yard shall be provided around those portions of the perimeter of the site that do not front a public street. Along all public street frontages, the front facades of buildings must face the street, with a sidewalk between the building and the street, and no parking areas between the building and the street. Council may grant a modification to this requirement only in cases where it is necessary to have a side yard or rear yard with parking fronting the street, in order to meet the minimum parking requirements, in which case landscape yards shall:

1.

Be expanded to 25 feet and shall be landscaped with an appropriate combination of low-growing trees and shrubs to screen direct views of parking areas, but not necessarily the business itself from adjacent public streets.

2.

Deciduous trees shall be spaced every 25 linear feet, to be measured along the property line, in the planting areas with a minimum of three evergreen shrubs, planted on center, which attain a minimum height of three feet at maturity, planted between.

d.

There shall be at least one deciduous tree for every eight parking spaces when a site plan indicates 20 parking spaces or larger. Such trees shall be planted within or directly abutting the parking areas.

1.

An unpaved planting area with a minimum dimension of nine feet in width or ten feet in length shall surround each such tree.

2.

Landscaping required under the provisions of this section shall be arranged in keeping with good landscape planning practice and in the manner, which will best promote the purposes of this article.

3.

All end islands of parking rows, corners of parking lots, and all areas not otherwise used for ingress, egress, aisles, or parking shall be landscaped.

4.

The primary landscaping materials used in parking lots shall be deciduous trees which can provide shade at maturity. Shrubbery, hedges and other live plant materials are to be used to complement the tree landscaping. Effective use of berms and existing topography is also encouraged as a component of the landscape plan.

5.

All interior planting areas shall be protected from vehicle intrusion by a permanent barrier not less than four nor more than eight inches high.

6.

In those instances where plant material exists on a parking lot site prior to its development, such landscape material may be used if approved as meeting the landscaping requirements of this section.

(4)

Street trees.

a.

Street trees shall be required in the B-1, B-2 and TND-C districts.

b.

In the B-1 and TND-C districts, street trees shall be placed every 30 feet on center along both sides of the street. Trees shall be placed a minimum of five feet away from the sidewalk and have a tree pit larger than five feet by five feet.

c.

In the B-2 district, trees shall be placed every 120 feet along both sides of the street. Trees shall be placed a minimum of ten feet away from the pavement edge.

d.

Trees shall be selected so that they are resilient to pollution and drought, do not produce berries or fruit and have deep root growth so they do not upheave the sidewalks or planters. Suggested trees include amur maples, serviceberry cultivars or washington hawthorns.

e.

Tree plant shall be a minimum of three-inch caliper and meet the specifications of the American Association of Nurserymen.

f.

The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the state nurserymen's association, the state society of landscape designers and the state chapter of the American Society of Landscape Architects, or the road and bridge specifications of the state department of transportation.

g.

Installation of landscape materials shall be done during the appropriate planting season. The appropriate planting season for ball and burlap stock shall be between October 15 and March 31 and the appropriate planting season for container grown nursery stock shall be between September 15 and May 15.

h.

Street trees shall be "limbed up" so as to not interfere with pedestrian or vehicle travel (minimum seven feet clear over the sidewalk and 14 feet over the travel lanes of the street).

(h)

Requirements for industrial districts (I-1 and I-2).

(1)

Screening and buffering.

a.

Generally.

1.

The primary landscaping materials used within parking lots will be deciduous/canopy trees. Shrubs and other live planting materials may be used to complement the tree landscaping.

2.

Landscaping areas within the parking lot shall be reasonably dispersed and shall have a minimum width of six feet, measured from the back of curb. There shall be a curbed landscape island at the end of each row of parking, equal in length to the adjoining parking space.

3.

There shall be one canopy tree per required landscape island. Where more than one island is combined in a linear configuration, canopy trees shall be provided at a minimum equal to the number of required landscape islands.

4.

Any parking lot, except a single bay parking lot of 20 spaces or less, shall be provided with a landscaped open space along the perimeter of the parking areas with the minimum amount of one canopy/deciduous tree per ten spaces. No parking space may be more than 80 feet from a portion of the landscaped open space or a canopy tree.

5.

Except as otherwise stated in this article, a landscaping strip ten feet in width, exclusive of a required sidewalk or trail, shall be located between the parking lot and right-of-way line.

6.

The interior dimensions of any planting area shall protect all landscaping materials; a landscape island shall be protected with a six-inch curb minimum.

7.

Areas used principally for the storage of vehicles do not require interior islands if such areas are screened from adjacent properties and public streets.

8.

Where fences or walls are visible from public streets, a combination of trees, hedges, shrubs, and vines should be planted along the street-facing side. Fences should be located behind property setbacks.

9.

Site planning shall protect and incorporate scenic views, ridgelines, stream corridors, karst features, and mature trees.

10.

Areas used for service and loading, refuse, storage, and equipment should be screened with a combination of walls and landscaping.

11.

Where a parking area abuts a residential area, it shall include landscaped buffers or walls along property lines to provide adequate screening. Landscape buffer strips shall be planted with trees at a quantity equivalent to one for each 30 linear feet and with suitable shrubs, groundcovers, and berms.

12.

All screening materials shall be compatible with the architecture, materials, and colors of the building. The use of barbed wire on any fence or wall is prohibited unless permitted by a special use permit.

13.

Additional or new equipment, including electrical rooms, shall be screened.

14.

Not less than 50 percent of a required front yard shall be landscaped. Within this landscaping, one deciduous or evergreen tree shall be planted every 30 linear feet along the public street right-of-way. In addition, one evergreen shrub shall be placed in the planting strip every five linear feet, or a planting plan pursuant to section 66-43(2), whichever is greater.

b.

Screening and buffer areas in the I-1 District.

1.

Not less than 20 percent of the total lot area shall be landscaped. The plans and execution of landscaping shall be done to avoid the creation of any traffic hazards.

2.

Parking lots shall provide landscape islands at a ratio of one per 20 parking stalls. Planters shall be dispersed throughout the parking area.

3.

A buffer yard of not less than 50 feet shall be required for all industrial uses which are located adjoining, adjacent to or across an alley from any residentially or agriculturally zoned district. The buffer yard required for any zoning lot in an industrial district shall be maintained as a planted or landscaped area only. Access drives, parking, storage, refuse containers, or other structures, accessory or otherwise, shall not be located within any transitional buffer yard. Such buffer yards shall extend the entire length of the abutting residential zoning district. There shall be opaque fencing or landscaping, not less than six feet in height, installed along the entire length of the abutting residential zone district, except for the depth of a required front or corner side yard in the residential zoning district.

c.

Screening and buffer areas in the I-2 District.

1.

Not less than 15 percent of the total lot area shall be landscaped. The plans and execution of landscaping shall be done to avoid the creation of any traffic hazards.

2.

Parking lots shall provide landscape islands at a ratio of one per every 50 parking stalls.

3.

A buffer yard of not less than 50 feet shall be required for all industrial uses which abut a residential or agriculture district. The buffer yard required for any zoning lot in an industrial district shall be maintained as a planted or landscaped area. Access drives, parking, storage, refuse containers or other structures, accessory or otherwise, shall not be located within any transitional buffer yard. Such buffer yards shall extend the entire length of the abutting residential district. There shall be opaque fencing or landscaping, not less than six feet in height, installed along the entire length of the abutting residential district, except for the depth of a required front or corner side yard in the residential district.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

(a)

Generally.

(1)

Except as exempted in subsection (a)(2) of this section, all outdoor lighting in excess of 3,000 initial lumens associated with land use and development proposals, whether new uses or changes and modifications in existing uses, shall be designed, installed and maintained to prevent unreasonable or objectionable glare onto adjacent rights-of-way and properties and shall incorporate the use of full cutoff luminaries/fixtures. The lighting standards established by the Illuminating Engineering Society of North America (IESNA) shall be used to determine the appropriate lighting fixture and luminaries for such uses. High-pressure sodium or metal halide lights shall be the preferred type of exterior site lighting. The use of mercury vapor lights shall be discouraged in any exterior lighting applications, except for under-canopy lighting for gasoline pump islands, bank or other drive-through or drive-in facilities.

(2)

The following outdoor lighting applications shall be exempt from these requirements:

a.

Construction, agricultural, emergency, or holiday decorative lighting of a temporary nature.

b.

Lighting of the United States of America, commonwealth, county, or town flags and other noncommercial flags.

c.

Security lighting controlled by sensors which provide illumination for 15 minutes or less.

d.

The replacement of an inoperable lamp or component which is in a luminaire that was installed prior to the effective date of the ordinance from which this section is derived.

e.

The replacement of a failed or damaged luminaire which is one of a matching group serving a common function.

(3)

In addition to the exemptions noted in subsection (a)(2) of this section, the zoning administrator may approve a modification of the full cutoff luminaire requirements in either of the following circumstances:

a.

Upon finding that alternatives proposed by the owner would satisfy the purposes of these outdoor lighting regulations at least to an equivalent degree; or

b.

Upon finding that the outdoor luminaire or system of outdoor luminaires required for a baseball, softball, football, soccer, or other athletic field cannot reasonably comply with the standard and provide illumination of the field for its safe use.

(4)

Freestanding lighting fixtures shall conform to the town's adopted main street guidelines.

(b)

Requirements in the B-3 district. Lighting for buildings, signs, accessways, and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to surrounding property owners or residents.

(c)

Requirements in the I-1 and I-2 districts.

(1)

Lighting fixtures should be placed to provide illumination for outdoor areas. Lighting shall be provided with ground-level foot-candle illumination levels not varying by more than eight foot-candles.

(2)

Illumination to a minimum maintained one foot-candle shall be provided at steps, ramps, and other potentially hazardous grade differentials.

(3)

Exterior doorways and entries shall be fully illuminated to a minimum of one foot-candle over the entire face and frame of the opening.

(4)

All lighting fixtures shall be installed, directed, and shielded to confine direct illumination within the property. The type and location of lighting shall preclude direct glare onto adjoining property, streets, or skyward.

(5)

Lighting fixtures should emulate natural light (soft white light).

(6)

Animated lighting is not permitted.

(7)

Parking lot lighting shall be placed in a manner that does not conflict with the growth of trees and required landscaping.

(8)

Energy conservation shall be considered when selecting lighting fixtures for a development project.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

(a)

Intent.

(1)

The purpose of this section is to regulate the design, location and maintenance of parking areas, to meet the expanding needs of a growing town, and to furnish adequate facilities to satisfy those who live, shop and work within the town.

(2)

It is the intent of this section to have adequate parking designed and constructed during the erection of all new structures and the modifications to existing structures.

(3)

These parking areas are to be designed for the convenience of all who use them and shall be located to improve traffic flow, promote traffic safety and add to the beautification of the town.

(b)

Generally.

(1)

Factors considered during review include but are not limited to: the number and location of entrances and travel aisles, the need for turning lanes and other traffic control improvements, arrangement of parking and loading areas, quality and quantity of landscaping, access to buildings for fire and other emergency vehicles and the needs of the handicapped.

(2)

Off-street parking required by this chapter shall only occur on an all-weather driving surface.

(3)

There shall be provided, at the time of the erection of any principal building or structure or at the time any principal building or structure is altered, enlarged or increased in capacity by adding dwelling units, guest rooms, floor areas or seats, not less than the amounts of parking space given in subparagraph (h) Schedule of required spaces (Table 7 - Minimum Off-Street Parking Requirements). Such space shall be maintained and shall not be encroached upon so long as such principal building or structure remains, unless an equivalent number of such spaces is provided elsewhere in conformance with the article.

(4)

Loading space, as required in subparagraph (j) Off-street loading, shall not be construed as supplying off-street parking space.

(c)

Location in relation to use. The parking spaces required shall be located on the same lot as is the principal use; provided, however, that upon the recommendation of the planning commission and made part of a special use permit by the council, a portion of required off-street parking for uses in districts other than residential may be located in a remote parking lot which is within 500 feet measured along lines of public access from the principal use. A remote parking lot to satisfy this requirement shall be owned by the owner of the principal structure or, in the alternative, shall be restricted by a recorded agreement to off-street parking purposes during the lifetime of the principal structure or as long as off-street parking is required for such principal structure in accordance with the terms of this article.

(d)

Reduction.

(1)

Off-street parking space required under this article may be reduced at a time when the capacity or use of a building is changed in such a manner that the new use or capacity would require less space than before the change. Such reduction may not be to a level below the standards set forth in this article.

(2)

Minimum off-street parking space may be reduced by council by allowing on-street parking contiguous to the property to count for a portion of the parking requirement on a one-to-one basis.

(e)

Joint use of spaces.

(1)

Religious assembly. Parking spaces already provided to meet off-street parking requirements for theaters, stadiums, auditoriums and other places of assembly, stores, office buildings and industrial establishments, lying within 500 feet of a church, as measured along lines of public access, that are not normally used between the hours of 6:00 a.m. and 6:00 p.m. on Sundays and that are made available for other parking may be used to meet not more than 75 percent of the off-street parking requirements of a religious assembly.

(2)

Other places of assembly. Parking spaces already provided to meet off-street parking requirements for stores, office buildings and industrial establishments, lying within 500 feet of a place of assembly, as measured along lines of public access, that are not normally in use between the hours of 6:00 p.m. and 12:00 midnight and that are made available for other parking may be used to meet not more than 50 percent of the total requirements of parking space.

(3)

In the case of mixed or joint uses of a building or premises having different peak parking demands, the parking spaces required may be reduced if approved by the zoning administrator in conjunction with site plan approval. In such instances, the applicants shall demonstrate that the periods of peak use are separated and shared parking spaces are available to all uses sharing them, so as to not cause a parking demand problem.

(4)

In the case of mixed or joint uses of a building or premises having the same peak parking demands, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(5)

Any use in the B-1 district may be exempted or granted reduced parking requirements by the zoning administrator in conjunction with site plan approval. The applicant shall demonstrate public parking availability during peak hours of operation.

(f)

Design standards.

(1)

Area. One parking space shall be 162 square feet (nine feet by 18 feet).

(2)

Surfacing.

a.

Off-street parking shall not be located in a required yard or near the front entrance of a structure unless an improved dustless surface is provided as approved by the town.

b.

Within the B-1 district, depending on the site's topography and conditions, the zoning administrator may require that off-street parking areas for commercial uses with three or more vehicles be surfaced with a properly bound permeable surface, interlocking pavers, or an erosion-proof asphaltic, bituminous, cement, or other properly bound pavement.

c.

Within the B-1 district, depending on the site's topography and conditions, the zoning administrator may require that off-street parking areas for residential uses with three or more vehicles be surfaced with pea gravel or other dustless surface.

(3)

Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys. Off-street parking areas shall be maintained in a clean, orderly and, to the extent possible, dust-free condition at the expense of the owner or lessee and not used for the sale, repair, or dismantling or servicing of any vehicles, equipment, materials, or supplies.

(4)

Separation from walkways and streets. Off-street parking spaces shall be separated from walkways, sidewalks, streets, or alleys by a wall, fence, or curbing or other approved protective device, or by distance, so that vehicles cannot protrude over publicly owned areas.

(5)

Location on property.

a.

In a B-1 district, no parking space or loading area shall be located nearer the front lot line than the front facade of the main building. For corner lots, no parking space or loading area shall be located nearer the front lot line nor the side lot line along the street than the facades of the main building. If all parking spaces are located behind the rear façade of the main building, a ten percent reduction in total off-street parking will be permitted.

b.

In the I-1 and I-2 district, no parking space or loading area shall be located within 25 feet of any lot line.

c.

Except for single-family dwellings, parking spaces shall be at least three feet from a property line and not less than 25 feet from residential properties.

(6)

Entrances and exits.

a.

The location and design of entrances and exits shall meet the VDOT traffic safety and design standards. In general, there shall not be more than one entrance and one exit or one combined entrance and exit along any one street.

b.

Main entrances to parking lots shall be clearly marked.

(7)

Interior drives and aisles.

a.

Interior drives shall be of adequate width to serve a particular design arrangement of parking spaces, except that no driveway shall be less than eight feet in width. Rear access roads or driveways shall be shared between parcels.

b.

Dead-end aisles are not permitted.

c.

Parking and travel aisles shall be designed to ensure adequate space for vehicle maneuvering, promote efficient traffic circulation, reduce conflicts between vehicular and pedestrian traffic, and minimize impact upon the surrounding land uses.

d.

Interior accessways shall be designed to prevent the blocking of vehicles entering or leaving the site.

e.

Travel aisles shall be aligned with one another, not offset.

(8)

Marking. Parking spaces in lots of more than ten spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used to ensure efficient traffic operation on the lot.

(9)

Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged and installed to minimize glare on property in a residential district.

(10)

Screening/landscaping.

a.

All screening and landscaping shall be provided as required in section 66-43.

b.

No parking area of 20 or more spaces shall be constructed or enlarged until a landscape plan for that parking area has been approved by the zoning administrator.

(11)

Shopping cart storage. Establishments furnishing carts or mobile baskets shall provide specific, limited areas on the site for the storage of such carts. Storage areas shall be clearly marked and shall be designed solely for the storage of shopping carts and/or mobile baskets. Such storage areas shall not be located within vehicle travel ways, vehicle loading areas or parking spaces, and shall not create visual barriers to motor vehicle movements.

(g)

Obligations of owner.

(1)

The requirements for off-street parking space and off-street loading space shall be a continuing obligation of the owner of the real estate on which any structure or use is located as long as such structure or use is in existence and its use, requiring vehicle parking or vehicle loading facilities, continues. It shall be unlawful for the owner of any structure or use affected by this article to discontinue, change or dispense with or to cause the discontinuance or change of the required vehicle parking or loading space, apart from the alternate vehicle parking or loading space which meets with the requirements of and is in compliance with this article. It shall be unlawful for any firm or corporation to use such structure without acquiring such land or other suitable land for vehicle parking or loading space which meets the requirements of and is in compliance with this chapter.

(2)

Whenever off-street parking is required and cannot be provided within the principal structure or on the same lot as the principal structure and is located on another parcel of property, as permitted by this article, such parcel of property provided and utilized for off-street parking shall be owned by the owner of the principal structure or, in the alternative, shall be restricted by a recorded agreement to off-street parking purposes during the lifetime of the principal structure or as long as off-street parking is required for such principal structure in accordance with the terms of this article.

(h)

Schedule of required spaces. Off-street parking shall be provided according to the following schedule. Where application of the schedule creates a fractional number of spaces, the parking spaces required shall be construed to be the next highest whole number.