(a)

Purpose and intent. The following additional regulations apply to specific uses as set forth below. These regulations are intended to serve as the minimum standards for these uses and are not intended to exclude other provisions of this chapter that may apply.

(b)

Agricultural uses.

(1)

Agricultural, intensive.

a.

Setback 100 feet from any public road.

b.

Setback 400 feet from any residence not located on the same parcel, religious assemblies, public or private schools, and other public-owned facilities.

c.

Submit an approved nutrient management plan and comply with all federal and state permits required for the specific use.

(c)

Residential uses.

(1)

Accessory structures.

a.

Total lot coverage for accessory structures and the principal structure shall not exceed the coverage requirements pursuant to Table 1.

b.

No single accessory structure may have a lot coverage that is greater than 50 percent of the principal structure.

c.

Shall be placed in the side or rear yards and must meet a minimum setback of five feet.

(2)

Dish antennas.

a.

Dish antennas allowed in the B-1 district larger than 24 inches in diameter shall be permitted in rear yards only. No part of a dish antenna shall be closer than five feet to any lot line. Dish antennas larger than 24 inches in diameter shall not be permitted on the roofs of structures or accessory structures.

b.

The dimensional and location standards set forth in subsection (b) of this section notwithstanding, where the zining administrator determines that a usable satellite signal cannot be obtained by locating or sizing a dish antenna in accordance with such criteria, application for a special use permit may be made to the planning commission for review and recommendation to town council for authorization of an alternative placement or size in order to provide for the reception of a usable signal. In its consideration of such applications, council may impose such conditions as it deems necessary to protect the public health, safety and general welfare and to protect the character of the surrounding properties.

(3)

Dwelling, accessory.

a.

Only one accessory dwelling is permitted per parcel.

b.

A recreational vehicle may not be used as an accessory dwelling.

c.

An accessory dwelling shall comply with all applicable requirements of the Virginia Department of Health and the Virginia Uniform Statewide Building Code.

d.

No signage advertising or promoting the existence of the structure shall be permitted on the exterior of the structure or anywhere on the property.

(4)

Dwelling, multifamily.

a.

When a structure is converted into three dwelling units, a minimum of 600 square feet of usable open space shall be provided. Thereafter, an additional 600 square feet of usable open space shall be provided for each additional dwelling unit created during the conversion of the structure. Such space shall be exclusive of areas devoted to streets, alleys and parking.

b.

Facades, roofs and treatment of external materials shall be submitted as a condition of site plan approval. Not more than two abutting dwelling units and not more than one third of any abutting series of dwelling units shall have the same architectural design or treatment of materials.

c.

Accessory buildings and private parking areas shall not be permitted except that on any one lot there may be maintained one accessory structure not exceeding seven feet in height nor covering more than 64 square feet in area.

d.

Architectural treatment shall avoid massive, monolithic and repetitive building types, facades and setbacks, and shall be compatible with surrounding areas. Building elevations and architectural details sufficient to show compliance with the standard shall be submitted for approval.

e.

Public water and sewer are required for multifamily developments.

f.

For each multifamily development not less than 25 percent of the gross area shall be in open space. This area shall exclude vehicular areas such as streets, roads, travel ways, and parking lots. Open space may encompass common and noncommon open space, active and passive recreational areas, transitional yards, golf courses, buffer areas, utility easements, water bodies, wetlands, and floodplains. Open space shall be designated on the approved final site plan.

g.

Recreational areas shall be provided in all developments totaling more than 30 dwelling units such that 500 square feet of active recreation space is provided per unit for the first 200 units, thereafter, 250 square feet of active recreation area per each additional unit. Active recreational space may include, but not be limited to, playfields with play structures, ballfields, multipurpose courts, swimming pools, tennis courts, and other similar facilities for active recreational opportunities. Lakes may also qualify for up to 30 percent of the required active recreation space provided that the use of any lake so qualifying is open to all homeowners in the development, contains specified active recreation features such as boating, swimming and ice skating, and is located to allow reasonably convenient access by residents of the majority of the dwelling units. The specific location and timing of construction of active recreation space shall be included in the approved development plan. The location shall be such that active recreation space is located within one-half mile of all dwellings. Development plans shall also include passive recreational space which shall, at a minimum, include a network of trail or other pedestrian ways to allow pedestrian access to recreation areas to allow safe and convenient pedestrian access to schools, public facilities and shopping. Recreational areas shall be designated on the approved final site plan.

h.

Recreation facilities within a multifamily development.

(i)

Construction of recreation facilities described in the development plan shall be in accordance with a schedule approved as part of the site plan and shall be constructed at a rate equivalent to or greater than the rate of construction of dwellings. At a minimum, a phasing plan must ensure that major recreation facilities, such as pools, clubhouses and tennis courts, are constructed prior to the completion of 50 percent of the total units. Recreation facilities shall be adequately soundproofed. Lighting of any outdoor recreation facility must be designed to eliminate or mitigate glare onto any residential use or roadway pursuant to section 66-44. The hours of operation for outdoor recreation facilities shall not exceed 7:00 a.m. to 11:00 p.m.

(ii)

The following location requirements shall apply to recreation space:

1.

Recreation areas intended for general use and shall be accessible for pedestrians from dwellings with a minimum of street crossings.

2.

Walkways and recreational areas shall be designed to create an interconnected system, serving also as routes to schools, churches and other major pedestrian destinations.

3.

The recreation and walkway system shall be located in block interiors and oriented away from exposure to automotive traffic.

4.

At least 90 percent of all dwelling units shall be within 600 feet (by normal pedestrian routes) of countable recreation space.

(5)

Townhouse and single-family attached dwellings.

a.

No more than ten townhouses shall be constructed contiguously.

b.

The facades of individual townhouses within any contiguous row of townhouses shall be sufficiently varied in their materials, design, or appearance as to visually distinguish them as individual dwelling units.

c.

Any townhouse shall front on, or be accessed by, a public street.

d.

Any provided open space shall be owned and maintained by the developer, until such time as it is turned over to the ownership and maintenance of an approved homeowners' association.

e.

A minimum ten percent of the gross acreage for each townhouse development shall be provided in one contiguous parcel of land for common open space, of such location, condition, size, and shape to be usable for recreation. Floodplain land shall not be included in said ten percent. Such common space shall be designated on the approved final site plan.

f.

Each townhouse shall be permitted one accessory structure not exceeding seven feet in height nor covering more than 64 square feet in area. The rear yard of any townhouse in which any such accessory building is located shall be screened from all adjacent properties by a solid ornamental screening type fence or solid brick or ornamental masonry wall six feet in height.

g.

The development shall efficiently utilize the available land and protect and preserve to the extent possible all scenic assets and natural features such as trees, streams, and topographic features.

h.

Public water and sewer are required for all townhouse developments.

i.

Each building end wall must have at least two architectural features, such as window, chimney or other feature to avoid massive monolithic appearance.

(d)

Civic uses.

(1)

Cemeteries.

a.

The approval of a cemetery shall include the following uses without further zoning approval required: all uses necessarily or customarily associated with interment of human remains, benches, ledges, walls, graves, roads, paths, landscaping, and soil storage consistent with federal, state, and local laws on erosion and sediment control.

b.

Mausoleums, columbaria, chapels, administrative offices, and maintenance storage areas that are shown in the applicant's site plan shall not require additional approval by the town, provided such structures and uses are developed in accordance with the original site plan.

(2)

Public maintenance and service facility.

a.

The outside storage for supplies, materials, or heavy equipment must be in the rear yard and screened from any non-industrial zoned parcels or rights-of-way in accordance with section 66-43.

b.

Outside storage areas shall not exceed 35 percent of the total area of the site.

(3)

Recreation facility, public.

a.

Any outdoor activity area, swimming pool, ball field, or court which adjoins a residential use type shall include screening and buffering in accordance with section 66-43.

b.

Where nighttime lighting is proposed it shall be fully shielded and large evergreen trees shall be required to appropriately screen any adjoining residences.

(e)

Commercial uses.

(1)

Adult businesses.

a.

Distances specified in this section shall be measured from the property line of one use to the property line of the other. The distance between an adult business and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residential zoning district.

(i)

An adult business shall be located at least 500 feet from any religious assembly, education facility, public recreational facility, day care center, public assembly, nursing home, hotel, bed and breakfast, or residential zoning district in existence on the date on which the store obtains its zoning permit.

(ii)

No adult business shall be located within 1,000 feet of any other adult business.

b.

No adult business shall display adult media, depictions of specified sexual activities or specified anatomical areas in its window, or in a manner visible from the street, highway, or public sidewalk, or the property of others. Window areas shall remain transparent.

c.

The business shall not begin service to the public or any outside activity before 7:00 a.m. local time. Hours of operation for any adult movie theater, adult nightclub or other business providing adult entertainment shall not extend after 1:00 a.m. local time. Hours of operation for any adult bookstore, adult video store, adult model studio, adult store, or any other adult business, except an adult motel shall not extend after 12:00 midnight local time.

(2)

Automobile repair service.

a.

Motor vehicle storage and impoundment facilities associated with towing or auto repair uses shall only store wrecked and/or inoperable and/or abandoned vehicles for 30 days or less, and shall not include the dismantling, wrecking or sale of said vehicles or parts thereof. No automobile graveyards, junkyards, or other such impoundment facilities shall be permitted.

b.

All vehicles stored on the premises in excess of 72 hours shall be placed in a storage yard that is not visible from any public street.

c.

No exterior display or storage of new or used automobile parts is permitted.

d.

There shall be no storage of motor vehicles in landscaped areas or within ten feet of the public road right-of-way.

e.

All major repairs shall be performed within a completely enclosed building.

(3)

Bed-and-breakfast.

a.

No changes shall be made to the building exterior that would detract from its appearance as a family dwelling.

b.

Bed-and-breakfasts shall only be permitted in existing structures and may not increase the size of the structure, including accessory structures, by more than 25 percent of the original square footage. Any additions or modifications shall be residential in appearance and compatible with the original structure and surrounding structures and the overall footprint of the structure, and parking shall not be excessive for the size and shape of the lot.

c.

Bed-and-breakfasts are to be integrated into the residential fabric of the neighborhood in which they are located. A proposed bed-and-breakfast should not affect the integrity or character of the single-family residential neighborhood for which it is proposed.

d.

Existing structures and landscaping determined to contribute to the character of the neighborhood shall not be removed.

e.

Guest rooms shall not have cooking facilities.

f.

The maximum stay for a guest shall be 14 days.

g.

Bed-and-breakfast establishments are permitted solely to provide lodging and breakfast accommodations. Additional activities, including receptions, parties and other events, are not permitted unless specifically authorized by the special use permit.

h.

Bed-and-breakfast establishments must be occupied by the owner.

(4)

Car wash.

a.

Car washes shall be located and designed so that vehicular circulation does not conflict with traffic movements in adjacent streets, service drives, and/or parking areas.

b.

Car washes shall be constructed in a design similar to the building character of the surrounding area.

c.

Parking shall be located behind the front line of the principal building.

d.

No sales, repair, or outside storage of motor vehicles shall be conducted on the site.

e.

All citizen complaints referring to the financial loss in relation to coin-operated machines on the premises, must be mitigated by the owner/lessee of the business prior to issuing or renewing a business license.

(5)

Construction sales and service. Construction sales and services shall be subject to the following general standards:

a.

Outdoor storage and/or display of goods, supplies, materials, or heavy equipment shall be located to the rear of the principal building.

b.

Outside storage areas shall not exceed 25 percent of the total site area.

c.

Outdoor storage areas shall be screened from business and residential zoned properties by an opaque fence a minimum of six feet high.

(6)

Convenience store. Convenience stores shall be subject to the following general standards:

a.

Applicants shall demonstrate that the use will be compatible with the neighborhood with regards to traffic circulation, parking, and appearance and size of structures.

b.

Any canopy over the fuel pumps shall have the same roof shape and exterior materials as the primary structure.

c.

Fuel pumps shall be at least 20 feet from any property line.

d.

Any gasoline, liquefied petroleum, gas or oil storage tanks shall be so installed as to comply with all town, state and national fire prevention code regulations.

e.

The zoning administrator may require a traffic analysis to be provided by the applicant. Such analysis may include, but not be limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors.

f.

No more than 40 percent of their business sales and promotion can be generated from the sale of cigarettes, in any form. Retail detailers whose businesses are within the historic district must have no more than 25 percent of their business sales and promotion from the same.

(7)

Campgrounds. Where allowed, all campgrounds shall meet the following requirements:

a.

Minimum lot size. The minimum lot area for a campground shall be seven acres.

b.

Maximum density shall be ten sites per gross acre.

c.

A site plan shall be submitted for consideration along with the application for a special use permit. Such plans shall include provisions for the protection of environmental features on the campground site and for stormwater management.

d.

No more than one permanent residence shall be allowed in a campground, which shall only be occupied by the owner or manager.

e.

Landscaping buffering and screening.

1.

All structures, campsites and parking areas shall be set back at least 50 feet from the boundary of the campground. Within this buffer, one large deciduous, large evergreen or small deciduous 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.

2.

The vehicle or tent location on each campsite shall be separated from others by at least 20 feet.

3.

All bulk solid waste receptacles shall be maintained in a clean condition. Such receptacles shall be enclosed on all four sides to shield it from public view or from unauthorized access. The owner of the premises benefitted by a bulk solid waste receptacle shall maintain the screening in workable and effective condition.

f.

All campgrounds shall be served by town water and sewer facilities.

g.

Access to all campgrounds shall be by a paved roadway at least 24 feet in width from the nearest public road. Roadways within campgrounds shall have hard surface or solid porous block or equivalent dust free paving, not gravel. Such internal roadways shall be 24 feet in width for two-way roads and 12 feet in width for one-way roads. Each camping site shall also have one parking space, with minimum dimensions of ten feet by 20 feet.

h.

Patrons in campgrounds may stay no longer than 14 nights in any 30-day period or 45 nights in any one calendar year. The owner of a campground shall maintain a log of all patrons, including their name, address, license plate number and state, and their length of stay. The log shall be available to town staff upon request.

Retail sales for the convenience of campground tenants are permitted. Items are limited to food, concessions, recreational supplies, personal care items, and other items clearly supportive of campground tenants' needs. The sale and/or storage of recreational vehicles that are not occupied nightly is strictly prohibited.

i.

The following amenities are required:

1.

Registration office/small store (unless reasonable similar shopping is available within walking distance).

2.

Bathhouse and restrooms.

3.

Pavilion.

4.

Playground and play equipment for children.

5.

Electric hookups (30 amperes, 50 amperes (25 percent of sites) all 120 volts).

6.

Wi-Fi at all sites.

7.

Cable TV at all sites.

8.

Sanitary disposal station with clean water source.

j.

The following additional amenities are desired and encouraged:

1.

Recreation building.

2.

Swimming pool.

3.

Pull through sites for larger RVs.

4.

Rental cabins up to 450 square feet and in quantity not to exceed 15 percent of total number of combined sites.

k.

Town council may, at its discretion, reduce the required parking for the store and recreational facilities by up to 75 percent by allowing parking at campsites, or any portion thereof, to count toward required parking.

l.

Within 12 months of opening the campground, each site shall be marked so as to be readily identifiable and easily readable from the park or camp road.

m.

The campground operator shall provide 24/7 on-site personnel for maintenance, assistance, supervision, and security.

(8)

Day care center.

a.

Minimum lot size: One half (0.5) acre, lots in B-1 are exempt.

b.

Parking shall be provided as follows: B-1 districts are exempt from the parking requirements, designated arrival and departure zones shall be located adjacent to the day care center in such a manner that children do not have to cross vehicle traffic aisles to enter or exit the center, and arrival and departure area shall include at least one parking/stacking space per ten children.

c.

Outdoor recreation areas shall be safely separated from all parking, loading, and service areas.

d.

Fencing. A fence a minimum of four feet in height shall completely enclose the outdoor recreation area so that children are safely contained.

(9)

Funeral home. The funeral home shall provide a buffer and landscaping, in accordance with section 66-43, between it and any residentially zoned property abutting or directly across the street from the funeral home use.

(10)

Home occupations, class A and class B.

a.

One minor sign shall be permitted.

b.

The area devoted to the home occupation shall not exceed 35 percent of the gross floor area of the dwelling unit.

c.

Use shall be conducted as an accessory use and shall not change the character of the dwelling unit nor have any exterior evidence of its use.

d.

The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area.

e.

The home occupation shall not increase the demand on water, sewer, or garbage collection services to the extent that its use combined with the residential use of the dwelling shall not be significantly higher than is normal for residential uses.

f.

The equipment used by the home-based business and the operation of the business shall not create any noise, vibration, heat, glare, dust, odor, or smoke discernible at the property lines or use or store hazardous materials in excess of quantities permitted in residential structures.

g.

Approval of a home occupation use shall be revocable at any time by the town because of the failure of the owner or operator of the use covered by the approval to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions imposed in connection with the approval.

h.

Approval of a home occupation use shall expire, if the use authorized has been intentionally abandoned, or ceased to operate for a period of one year, has not commenced operation within one year of approval, or does not have a current town business license.

(11)

Hotel. The structure shall match the scale and mass of the surrounding structures as determined by the zoning administrator.

(12)

Mixed use structure. In a B-1 or B-2 zoning district the following are required:

a.

Commercial and retail uses are those allowed in the B-1 and B-2 district, respectively.

b.

Dwelling units are permitted by-right on the second or any higher floor.

c.

Dwelling units occupying the first floor of any structure shall only be allowed when:

1.

First floor residential units are not visible from a public street.

2.

The building fronts on a public street, the residential portion of the first floor shall be required to be shielded by office or retail space or a lobby that maintains a commercial appearance.

(13)

Outdoor storage.

a.

Outdoor storage of goods or materials shall not be permitted in any front or side yard areas.

b.

In rear yards, outdoor storage shall be allowed only when fully screened from residential and business zoned properties.

c.

Cut firewood for personal use and building materials on a temporary basis for use on site may be stored on a residential lot.

(14)

Restaurant, drive-in.

a.

Stacking spaces shall not interfere with the travel way traffic or designated parking spaces.

b.

Six stacking spaces shall be located behind the order speaker and four stacking spaces shall be located between the order speaker and the pickup window.

c.

Extended awnings, canopies, or umbrellas are permitted.

(15)

Restaurant, mobile (also known as food truck, etc.).

a.

The following additional requirements apply to sales from a mobile restaurant operating on private property or within public spaces or rights of way, except when operating in conjunction with temporary, special events permitted under applicable sections of the Town Code:

1.

Mobile restaurants shall obtain a town mobile restaurant permit from the town at least three business days prior to initial operation. The permit shall be valid January 1 ^st (or from whatever date the permit is first issued) through December 31 ^st of the calendar year and shall be renewed annually.

2.

Mobile restaurants shall maintain a valid business license issued by the town and a valid health permit issued by the health department.

3.

A mobile restaurant may operate on either public property or private commercially zoned property with written permission from the owner.

4.

No items shall be sold other than food and beverages.

5.

No music shall be played that is audible outside of the vehicle.

6.

Mobile restaurant vehicles shall not block the main entry drive isles, or impact pedestrian or vehicular circulation overall, or other access to loading areas, or emergency access and fire lanes. The mobile restaurant must also be positioned at least 15 feet away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys, and handicapped parking spaces.

7.

A mobile restaurant may operate between 7am and 9pm Sunday to Thursday and between 7am to 11pm Friday and Saturday (including set-up and break-down) on any one day at any single location. The vehicle and all accessory structures shall be removed each day.

8.

No signs may be displayed except:

(i)

Those permanently affixed to the vehicle.

(ii)

One, A-framed sign not to exceed four feet in height and six square feet of display for each of the two sides and the sign cannot block any passageways.

9.

Trash receptacles shall be provided and all trash, refuse, or recyclables generated by the use shall be removed from the site by the operator at the end of the business day.

10.

No liquid wastes shall be discharged from the mobile restaurant.

11.

No mobile restaurant shall locate within 50 feet of the entrance to a business that sells food for consumption (determined by measuring from the edge of the mobile restaurant to the main public entrance of the restaurant) unless permission of the restaurant owner is provided.

12.

No mobile restaurant shall locate within 100 feet of a single family or two-family residential use.

13.

Vehicles may be otherwise limited by the town depending on the location or other details of the mobile restaurant permit application.

14.

A mobile restaurant may operate at any farmer's market held on public or private property, if the food truck vendor is legally parked at the farmer's market and has received written permission from the farmer's market manager and displays such written permission upon request.

15.

The operation of the mobile restaurant or use of a generator should not be loud enough to be plainly audible 100 feet from the generator. Excessive complaints about vehicle or generator noise will be grounds for the zoning administrator to require that the mobile restaurant vendor change location on the site or move to another property.

16.

The requirements of this section shall not apply to mobile restaurant vendors at catered events (events where the food is not sold through individual sales but provided to a group pursuant to a catering contract with a single payer).

17.

A mobile restaurant permit may be revoked by the zoning administrator at any time, due to the failure of the property owner or operator of the mobile restaurant permit to observe all requirements for the operation of mobile restaurants. Notice of revocation shall be made in writing to address of record for mobile restaurant permit holder. Any person aggrieved by such notice may appeal the revocation to the board of zoning appeals.

(16)

Retail.

a.

Outdoor display of items for sale shall comply with the following:

1.

All operations shall take place within a completely enclosed building except that a permit for the accessory sale and/or display of plants, flowers or produce in conjunction with and on the same lot as an existing permitted use may be granted by the zoning administrator, which permit shall indicate the location, size, duration, and purpose of the accessory outdoor display. Such use shall be limited in duration and size to ensure the subordinate nature of the use.

2.

Shall be limited to a maximum of five percent of the total lot area.

3.

Shall be permitted only within ten feet of the building but not displayed on top of the building.

4.

Merchandise displayed must be in working order and immediately available for sale.

5.

All surfaces will be graded and drained as to dispose of all surface water accumulated within the area to a public storm drain or on-site detention as approved with stormwater plans.

6.

Asphalt or concrete walkways or aisles shall be provided to permit all-weather customer access to all areas of the outdoor display.

b.

The outdoor display of automobiles and equipment from automobile and equipment sale establishments are exempt from the above requirements.

(17)

Short-term rental.

a.

Definitions. As used in this article, unless the context requires a different meaning:

1.

Booking transaction means any transaction in which there is a charge to a transient by a host for the occupancy of any dwelling, sleeping, or lodging accommodations.

2.

Guest or transient means a person who occupies a short-term rental unit.

3.

Short-term rental means a residential dwelling unit that is used or advertised for rent for transient occupancy in increments of fewer than 30 consecutive days. This use type does not include bed-and-breakfast establishments and does not apply to month-to-month extensions following completion of a year's lease.

4.

Primary resident (or host) means the owner of the short-term rental unit, or lessee of the short-term rental unit with a lease agreement that is one year or greater in length, who occupies the property as his or her principal place of residence and domicile. In determining compliance with these regulations, the host has the burden of demonstrating that the dwelling unit is his or her primary residence.

5.

Residential dwelling unit means a residence where one or more persons maintain a household.

6.

Type A rentals means rentals where the host is present during the short-term rental and no more than two bedrooms of the short-term rental unit are rented.

7.

Type B rentals means all other rentals, including ones where more than two bedrooms of the short-term rental unit are rented, or the host is not present during the short-term rental.

b.

Registration and other requirements.

1.

No host shall operate a short-term rental business without the host first having registered with the zoning administrator as required by Virginia Code § 15.2-983, as amended.

2.

The zoning administrator will report all registrations to the town treasurer for the collection of the transient lodging tax as set forth in the Town Code.

c.

The registration form shall include the following information:

1.

The name, telephone number, address, and email address of the host.

2.

A reminder about the importance of having appropriate levels of insurance that covers the homestay unit, the host and the guests.

d.

The registration shall be valid January 1 ^st (or from whatever date the registration first occurs) through December 31 ^st of the calendar year and shall be renewed annually.

e.

A logbook shall be maintained for all rentals and be made available for review by the town upon request.

f.

No signage advertising a short-term rental shall be allowed for a short-term rental business located in the R-1, R-2, and R-3 residential zoning districts. A short-term rental located in the B-1 district is not limited by the requirements of this subsection.

g.

Registration may be revoked if more than three substantiated complaints are received within a one-year period. Revocation is for a minimum of one year but may be permanent at the discretion of the town.

h.

A host may only operate one residential dwelling unit as a short-term rental within the town limits.

i.

Any short-term rental business in violation of zoning regulations, including operation without registering, is subject to all relevant penalties as set forth by the town.

j.

A host is permitted a maximum 104 nights of type A and type B rentals in each calendar year for a short-term rental business located in the R-1, R-2 and R-3 residential zoning districts. Of these 104 nights of rentals, no more than 45 nights may be type B rentals. In the required logbook, the number of type A and type B rentals shall be listed for all booking transactions. A short-term rental located in the B-1 district is not limited by the requirements of this subsection.

k.

In all residential zoning districts, the dwelling unit used for short-term rentals must be the host's primary residence, which means that he or she resides there for at least 185 days during each year.

l.

The owner of a short-term rental unit located in the B-1 district is not required to meet the primary resident requirement.

m.

Off-street parking may not be required or may be reduced in number for short-term rentals located in the R-1, R-2, R-3, and B-1 zoning districts, provided:

1.

The required off-street parking is provided 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 for short-term rentals 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; or

2.

The owner provides letters or a signed petition showing agreement by all adjacent property owners to the proposal to reduce or delete the requirement for off street parking; or

3.

Public parking is provided within 500 feet of the principal use and can reasonably provide the required off-street parking.

n.

Safety.

1.

The town, or the county on behalf of the town, may inspect any short-term rental once per year for compliance with applicable building codes.

2.

Site address. Building (dwelling) will have an approved address placed in a position that is plainly legible and visible from the street fronting the property. Structures obscured from street view or access roads in excess of 150 feet in length shall additionally post the numerical address at the roadway entrance.

o.

Use regulations.

1.

No recreational vehicles, buses, or trailers shall be parked on the adjoining street or visible on the property in conjunction with the short-term rental use.

2.

The dates for trash collection shall be posted prominently in the short-term rental unit.

3.

During each stay at the short-term rental unit, a principal guest shall be designated as the contact person for town officials in the event of safety or behavioral issues at the unit. The host shall provide this information upon request to authorized town officials.

4.

The host shall not permit occupancy of a short-term rental unit for a period of less than overnight.

5.

The name and telephone number of the host or the host's designee shall be conspicuously posted within the short-term rental unit. The host shall answer calls 24 hours a day, seven days a week for the duration of each short-term rental to address any problems associated with the short-term rental unit.

6.

The principal guest of a short-term rental unit shall be at least 18 years of age.

7.

The maximum number of adult guests in a short-term rental unit is limited to two adults per bedroom.

p.

Registration suspension or cancellation.

1.

A registration may be suspended or cancelled for the following reasons:

(i)

Failure to collect and/or remit the transient occupancy tax.

(ii)

Three or more substantiated complaints (including, but not limited to, parking on grass, noise, excess trash) within a twelve-month period.

(iii)

The failure of any short-term rental host to maintain his or her principal place of residence or domicile at the dwelling unit (as required in the residential zoning districts) used as a limited residential lodging.

2.

Before any suspension or cancellation can be effective, the zoning administrator shall give written notice to the short-term rental host. The notice of suspension or cancellation issued under the provisions of this chapter shall contain:

(i)

A description of the violation(s) constituting the basis of the suspension or cancellation;

(ii)

If applicable, a statement of acts necessary to correct the violation; and

(iii)

A statement that if no written response by the host is received by the zoning administrator within 30 days from the date of the notice, the registration will be suspended or cancelled.

3.

The notice shall be given to the host by delivering a copy of the notice in person. If the host cannot be found, such notice shall be sent to the address of record by:

(i)

Certified mail or e-mail to the addresses in the registration form; and

(ii)

A copy of the notice shall be posted in a conspicuous place on the premises.

4.

A copy of the notice will be provided to the treasurer to advise the registration may be revoked.

5.

Any determination made by the zoning administrator may be appealed to the board of zoning appeals in accordance with section 66-25.

q.

Penalty.

1.

It shall be unlawful to operate a short-term rental:

(i)

Without obtaining a registration as required by this article,

(ii)

After a registration has been suspended or cancelled, or

(iii)

In violation of any other requirement of this article.

(iv)

The penalty shall be a fine of $500.00 per occurrence for an operator required to register who offers for short-term rental a property that is not registered.

(18)

Store, grocery. Additional standards for the B-1 district:

a.

Any new buildings shall be street-oriented with pedestrian entrances from the street and compatible with the surrounding development.

b.

Lighting shall be consistent with the surrounding neighborhood.

(19)

Store, liquor.

a.

A proposed liquor store shall not be located within 500 feet of an existing liquor store. This distance shall be measured from the property line of one business to the property line of the other.

b.

Exterior lighting shall be compatible with the surrounding neighborhood.

c.

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

(20)

Wholesale sales.

a.

Loading areas shall be sited to minimize the impact on any surrounding neighborhood.

b.

Parking shall be located behind the front line of the principal building.

(f)

Industrial uses.

(1)

All industrial uses shall be subject to the following general standards:

a.

Additions and other exterior structural modifications shall be consistent with the materials and colors of the primary structure on site.

b.

Roof drainage shall be integrated into the design of the building. Scuppers and other devices used to convey rainwater shall be located at the base of the building.

c.

Vertical and horizontal offsets shall be integrated within building facades to minimize building bulk.

d.

Rooflines of industrial buildings shall vary to avoid long horizontal rooflines.

e.

When sloped roofs are incorporated into a design, equipment wells shall be used to continue the existing pitch and roofline.

f.

Exterior materials, textures, and colors shall be compatible with surrounding land uses and bright or reflective colors or materials are to be avoided.

g.

All installed equipment, electrical rooms and service rooms shall be placed within the footprint of the structure.

h.

Processes, equipment operations and goods for sale shall be limited to those that do not adversely impact use of adjoining and adjacent zoning lots which are within 600 feet, because of odor, dust, smoke, gases, vapors, noise, light, vibration, refuse matter, or water-carried waste.

i.

Sites with multiple service/loading facilities shall locate such facilities to reduce visual and noise impacts upon surrounding land uses.

j.

Pedestrian walkways shall be provided between buildings, at building entrances, and within parking areas. Walkways shall be accessible, safe, and well-lit pursuant to section 66-44.

k.

Uses to be conducted in the I-2 district shall be within enclosed buildings. All uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence, an evergreen hedge, or an evergreen wooded area at least six feet in height. Public utilities and signs requiring natural air circulation, unobstructed view or other technical consideration necessary for proper operation may be exempt from this provision. This exception does not include storing of any material.

(2)

Solar energy, small scale and medium scale.

a.

The design and installation of all solar energy facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations and shall comply with all fire and safety requirements.

b.

Small and medium scale energy facilities shall comply with all applicable federal, state and town regulations, ordinances and codes.

c.

Any small or medium scale solar facility installed upon a roof top shall submit a site plan to the zoning administrator and an engineering study to the building official's office for review.

d.

All small or medium scale solar energy facilities shall comply with the following performance standards:

1.

If the solar energy facility is ground-mounted or not flush-mounted on a principal or accessory building, the panel height shall not exceed 15 feet.

2.

The solar energy facility shall comply with all setback requirements pursuant to the Dimensional Standards Table.

3.

The lowest surface of any panel shall be a minimum of four feet above the finished grade on which the panel is located.

4.

All wiring not on the solar arrays shall be underground except where necessary to connect to the public utility.

5.

Landscaping and screening shall be provided in compliance with the requirements of loading and storage as specified within the industrial district.

6.

All broken or waste solar modules shall be removed from the site within 60 days of being taken out of service.

e.

Removal of abandoned solar generating equipment.

1.

A bond, whose amount shall be determined by the town manager, shall be required to assure the removal of an abandoned solar energy facility.

2.

Any solar energy facility that has not operated for a period of 12 months shall be considered unused and abandoned. The owner of an unused facility shall remove the entire system within six months of receipt of notice from the town manager notifying the owner of the equipment removal requirement. Removal includes removing any underground structures or supports and electrical transmission wire and disposing in accordance with local, state, and federal codes and regulations.

(3)

Solar facility, utility scale.

a.

In addition to other zoning ordinance and special use permit requirements, applications for utility scale solar shall include:

1.

Comprehensive plan review. A 2232 review by the town is required by Virginia Code § 15.2-2232 for utility-scale solar facilities. This Code provision provides for a review by the planning commission of public utility facility proposals to determine if their general or approximate location, character and extent are substantially in accord with the comprehensive plan or part thereof.

2.

A concept plan prepared by an engineer with a professional engineering license in the Commonwealth of Virginia, that shall include the following:

(i)

A description of the subject parcels.

(ii)

Property lines and setback lines.

(iii)

Existing and proposed buildings and structures; including preliminary locations of the proposed solar panels and related equipment; the location of proposed fencing, driveways, internal roads, and structures; and the location of points of ingress/egress.

(iv)

The location and nature of proposed buffers and screening elements, including vegetative and constructed buffers.

(v)

A grading plan.

(vi)

A landscaping maintenance plan.

(vii)

Existing and proposed access roads, drives, turnout locations, and parking.

(viii)

Location of substations, electrical cabling from the solar facility systems to the substations, ancillary equipment, buildings, and structures including those within any applicable setback.

(ix)

Fencing or other methods of ensuring public safety

(x)

Five sets (11" × 17" or larger), one reduced copy (8½" × 11") and one electronic copy of the concept plan, including elevations and landscape plans as required.

(xi)

Provide an inventory of all solar facilities - existing or proposed - within a four-mile radius.

(xii)

Additional information may be required as determined by the zoning administrator, such as a scaled elevation view of the property and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed project from potentially sensitive locations as deemed necessary by the zoning administrator to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal.

3.

Concept plan compliance. The facility shall be constructed and operated in substantial compliance with the approved concept plan, with allowances for changes required by the Virginia Department of Environmental Quality (DEQ) permit by rule (PBR) process.

4.

Decommissioning plan. A detailed decommissioning plan, certified by an engineer, which shall include the following:

(i)

The anticipated life of the project;

(ii)

The estimated decommissioning cost in current dollars;

(iii)

How the estimate was determined;

(iv)

The method of ensuring that funds will be available for decommissioning and removal;

(v)

The method that the estimated decommissioning cost will be kept current; and,

(vi)

The manner in which the project will be decommissioned and the site restored.

5.

The applicant shall provide a cost estimate for the decommissioning of the facility that shall be prepared by a professional engineer or contractor who has expertise in the removal of the solar facility. The decommissioning cost estimate shall explicitly detail the cost and shall include a mechanism for calculating increased removal costs due to inflation and without any reduction for salvage value. This cost estimate shall be recalculated every five years and the surety shall be updated accordingly.

6.

A proposed method of providing appropriate escrow, surety or security for the cost of the decommissioning plan.

7.

Traffic study submitted with application modelling the construction and decommissioning processes. Town staff will review the study in cooperation with VDOT.

8.

An estimated construction schedule.

9.

Wetlands, waterways, and floodplains shall be inventoried, delineated, and avoided.

10.

Environmental inventory and impact statement regarding any site and viewshed impacts, including direct and indirect impacts to national and state forests, national or state parks, wildlife management areas, conservation easements, recreational areas, or any known historic or cultural resources within three miles of the proposed project.

11.

A visual impact analysis demonstrating project siting and proposed mitigation, if necessary, so that the solar facility minimizes impact on the visual character of the town.

(i)

The applicant shall provide accurate, to scale, photographic simulations showing the relationship of the solar facility and its associated amenities and development to its surroundings. The photographic simulations shall show such views of solar structures from locations such as property lines and roadways, as deemed necessary by the town in order to assess the visual impact of the solar facility.

(ii)

The total number of simulations and the perspectives from which they are prepared shall be established by the zoning administrator after the pre-application meeting.

b.

Minimum development standards

1.

Location standards for utility-scale solar facilities. The location standards stated below for utility-scale solar facilities are intended to mitigate the adverse effects of such uses on adjoining property owners, the area, and the town.

(i)

The minimum area of a utility-scale solar facility shall be two acres, and the maximum area shall be less than 200 acres.

(ii)

No utility-scale solar facility shall be located within one mile of another existing or permitted utility-scale solar facility unless the combined acreage coverage is less than 400 acres.

(iii)

Utility-scale solar facilities shall not be proximate to residences; historic, cultural, recreational, or environmentally sensitive areas; and scenic viewsheds.

2.

The minimum setback to property lines of parcels with dwellings shall be 200 feet. The minimum setback to all other property lines shall be 150 feet.

3.

The maximum height of the lowest edge of the photovoltaic panels shall be ten feet as measured from the finished grade. The maximum height of primary structures and accessory buildings shall be 15 feet as measured from the finished grade at the base of the structure to its highest point, including appurtenances. The town council may approve a greater height based upon the demonstration of a significant need where the impacts of increased height are mitigated.

4.

PV solar panels and any associated equipment shall not be located on slopes ten percent or greater and no site shall be graded more than 50 percent of the site surface area.

5.

The facilities, including fencing, shall be significantly screened from the ground-level view of adjacent properties by a buffer zone at least 100 feet wide that shall be landscaped with plant materials consisting of an evergreen and deciduous mix (as approved by town staff), except to the extent that existing vegetation or natural land forms on the site provide such screening as determined by the zoning administrator. In the event, existing vegetation or landforms providing the screening are disturbed, new plantings shall be provided which accomplish the same. Opaque architectural fencing may be used to supplement other screening methods but shall not be the primary method.

6.

The facilities shall be enclosed by security fencing on the interior of the buffer area (not to be seen by other properties) not less than seven feet in height. A performance bond reflecting the costs of anticipated fence maintenance shall be posted and maintained. Failure to maintain the security fencing shall result in revocation of the SUP and the facility's decommissioning.

7.

Ground cover on the site shall be native vegetation include pollinators and be maintained in accordance with the submitted Landscaping Maintenance Plan. A performance bond reflecting the costs of anticipated landscaping maintenance shall be posted and maintained. Failure to maintain the landscaping shall result in revocation of the SUP and the facility's decommissioning. Incorporation of native plant species that require no pesticides, herbicides, and fertilizers or the use of pesticides and fertilizers with low toxicity, persistence, and bioavailability is recommended.

8.

The applicant shall identify at least one access corridor for wildlife to navigate through the solar facility. The proposed wildlife corridor shall be shown on the site plan submitted to the town. Areas between fencing shall be kept open to allow for the movement of migratory animals and other wildlife.

9.

The design of support buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and surrounding structures.

10.

The owner or operator shall maintain the solar facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the equipment and structures, as applicable, and maintenance of the buffer areas and landscaping. Site access shall be maintained to a level acceptable to the town. The project owner shall be responsible for the cost of maintaining the solar facility and access roads, and the cost of repairing damage to private roads occurring as a result of construction and operation.

11.

A utility-scale solar facility shall be designed and maintained in compliance with standards contained in applicable local, state and federal building codes and regulations that were in force at the time of the permit approval.

12.

A utility-scale solar facility shall comply with all permitting and other requirements of the Virginia Department of Environmental Quality.

13.

The applicant shall provide proof of adequate liability insurance for a solar facility prior to beginning construction and before the issuance of a zoning or building permit to the zoning administrator.

14.

Lighting fixtures as approved by the town shall be the minimum necessary for safety and/or security purposes to protect the night sky by facing downward and to minimize off-site glare. No facility shall produce glare that would constitute a nuisance to the public. Any exceptions shall be enumerated on the Concept Plan and approved by the zoning administrator.

15.

No signage of any type may be placed on the facility other than notices, warnings, and identification information required by law.

16.

All facilities must meet or exceed the standards and regulations of the Federal Aviation Administration ("FAA"), State Corporation Commission ("SCC") or equivalent, and any other agency of the local, state or federal government with the authority to regulate such facilities that are in force at the time of the application.

17.

Any other condition added by the planning commission or town council as part of a SUP approval.

c.

Decommissioning.

1.

Solar facilities which have reached the end of their useful life or have not been in active and continuous service for a period of one year shall be removed at the owner's or operator's expense, except if the project is being repowered or a force majeure event has or is occurring requiring longer repairs; however, the town may require evidentiary support that a longer repair period is necessary.

2.

The owner or operator shall notify the zoning administrator by certified mail and in person of the proposed date of discontinued operations and plans for removal.

3.

Decommissioning shall include removal of all solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any other associated facilities, so that any agricultural ground upon which the facility and/or system was located is again tillable and suitable for agricultural or forestall uses. The site shall be graded and re-seeded to restore it to as natural a pre-development condition as possible or replanted with pine seedlings to stimulate pre-timber pre-development conditions as indicated on the Preliminary Site Plan. Any exception to site restoration, such as leaving access roads in place or seeding instead of planting seedlings must be requested by the land owner in writing, and this request must be approved by the town council (other conditions might be more beneficial or desirable at that time).

4.

The site shall be re-graded and re-seeded or replanted within 12 months of removal of solar facilities. Re-grading and re-seeding or replanting shall be initiated within a six-month period of removal of equipment.

5.

Decommissioning shall be performed in compliance with the approved decommissioning plan. The council may approve any appropriate amendments to or modifications of the decommissioning plan.

6.

Hazardous material from the property shall be disposed of through any viable recycling methods and in accordance with federal and state law.

7.

The estimated cost of decommissioning shall be guaranteed by the deposit of funds in an amount equal to the estimated cost in an escrow account at a federally insured financial institution approved by the town.

(i)

The applicant shall deposit the required amount into the approved escrow account before any building permit is issued to allow construction of the solar facility.

(ii)

The escrow account agreement shall prohibit the release of the escrow funds without the written consent of the town. The town shall consent to the release of the escrow funds upon on the owner's or occupant's compliance with the approved decommissioning plan. The town may approve the partial release of escrow funds as portions of the approved decommissioning plan are performed.

(iii)

The amount of funds required to be deposited in the escrow account shall be the full amount of the estimated decommissioning cost without regard to the possibility of salvage value.

(iv)

The owner or occupant shall recalculate the estimated cost of decommissioning every five years. If the recalculated estimated cost of decommissioning exceeds the original estimated cost of decommissioning by ten percent, then the owner or occupant shall deposit additional funds into the escrow account to meet the new cost estimate. If the recalculated estimated cost of decommissioning is less than 90 percent of the original estimated cost of decommissioning, then the town may approve reducing the amount of the escrow account to the recalculated estimate of decommissioning cost.

(v)

The town may approve alternative methods to secure the availability of funds to pay for the decommissioning of a utility-scale solar facility, such as a performance bond, letter of credit, or other security approved by the town.

8.

If the owner or operator of the solar facility fails to remove the installation in accordance with the requirements of this permit or within the proposed date of decommissioning, the town may collect the surety and the town or hired third party may enter the property to physically remove the installation.

(Ord. No. 06-2020, Att. 1, 6-9-2020; Ord. No. 03-2024, 3-12-2024)

(a)

Purpose and intent.

(1)

The purpose of this section is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of the various neighborhoods, the creation of a convenient, attractive and harmonious community, protection against destruction of or encroachment upon historic areas, and the safety and welfare of pedestrians and wheeled traffic, while providing convenience to citizens and encouraging economic development. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, size, and purpose of all signs. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech and in a manner consistent with the comprehensive plan. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article, which can be given effect without the invalid provision.

(2)

Signs not expressly permitted as being allowed under this article, by specific requirements in another portion of this chapter, or otherwise expressly allowed by the town are prohibited.

(3)

These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.

(b)

Sign permits.

(1)

Permit required. Except when otherwise exempted by this article, no sign shall be erected, constructed, posted, altered, or relocated, unless and until a zoning permit has been issued by the zoning administrator and where provided for in this article.

(2)

Permit process. Before any zoning permit is issued, the applicant shall submit to the administrator a sign permit application provided by the administrator, together with drawings and/or specifications as may be necessary to fully advise and acquaint the administrator with the location, construction, materials, manner of illuminating and/or securing or fastening, and number of signs applied for, and the style of the wording of the sign or advertisement to be carried on the sign.

(3)

Application. The permit application shall contain:

a.

The location of the sign structure;

b.

The name and address of the sign owner and of the sign erector;

c.

The dimensions and elevation;

d.

A drawing showing the design, including method of illumination and fastening, specific materials and hardware; and,

e.

Such other pertinent information as the administrator may require to ensure compliance with this chapter or other ordinances of the town.

(4)

Fees. Fees for sign permits shall be as fixed from time to time by council.

(5)

Building codes and inspections. Structural and safety features and electrical systems shall be in accordance with the requirements of applicable codes and ordinances. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to comply with the requirements of this chapter and applicable technical codes. All signs which are electrically illuminated shall require a separate electrical permit and inspection.

(6)

All signs shall be erected within six months from the date of approval of the sign permit; otherwise, the permit shall become null and void and a new permit shall be required. The zoning administrator may grant one extension of the permit for a period of six months, but in no case shall a permit be valid for more than a total of 12 months. Extensions may be granted only when the proposed sign is in compliance with all current applicable regulations.

(c)

Exemptions. Sign permits shall not be required for the following signs; however, all applicable regulations of this chapter shall apply.

(1)

Signs erected by a governmental body or required by law, including official traffic signs or sign structures, provisional warning signs or sign structures, and temporary signs indicating danger.

(2)

Minor signs as defined by this chapter not exceeding three total signs per street frontage per parcel.

(3)

Change of message of an approved sign.

(4)

Painting, repainting, cleaning and other normal maintenance and repair of signs or sign structures, unless a structural change is made.

(5)

Temporary signs four square feet or smaller, including real estate signs, contractor signs, and special event signs.

(6)

Movie theater display that is erected flat against a wall and does not exceed 48 square feet in area.

(7)

A sign displayed on a truck, bus or other vehicle, while in use in the normal course of business with the exception of mobile billboards that are prohibited.

(8)

Flags of the United States of America, Commonwealth of Virginia, Town of Mount Jackson or other flags displayed for non-commercial purposes.

(9)

Any property actively offered for sale or lease may display one sign per street frontage in addition to those otherwise allowed by this chapter, limited to a maximum area of 12 square feet in all zoning districts. Such signs shall be removed when the property is no longer offered for sale or lease and shall not be banner type signs.

(d)

Prohibited signs. The following signs are prohibited:

(1)

Flashing signs or signs lighted in a varying degree in either intensity or color, including strobe lights.

(2)

Except as provided in this chapter for permitted movement of text for electronic message board signs, signs with moving, revolving or rotating parts, optical illusions or other apparent movement, but not including time, temperature and date signs and barber poles.

(3)

Off-premises signs.

(4)

Inflatable signs, moored balloons or other floating signs that are tethered to a structure or the ground.

(5)

Signs or parts of a sign located anywhere on the roof of a building.

(6)

Signs illuminated with sodium halide lights; and any illuminated sign that emits excessive levels of light in the opinion of the zoning administrator.

(7)

Abandoned sign structures.

(8)

Changeable copy signs, except as specifically permitted by this ordinance for portable signs, electronic message board signs and as otherwise provide.

(9)

Any signs, including posters and handbills, affixed to any structures, trees or other natural vegetation, rocks or poles.

(10)

Any sign that may be confused with or obstruct the view of any authorized traffic sign or signal, or obstruct the sight-distance triangle at any road intersection, or extend into the public right-of-way or otherwise create a distraction for drivers.

(11)

Portable signs, including those on wheels, except A-frame/sandwich boards complying with the provisions of this section.

(12)

Signs that prevent free ingress or egress from any door, window, fire escape, or that prevent free access from one part of a roof to any other part or otherwise adversely affect safety or are in violation of any building code or other applicable law.

(13)

Signs that emit smoke, visible vapors, particles, normally detectable sound or odor shall not be permitted, including open flames used to attract public attention.

(14)

Mirrors or mirror devices on, in, or as part of a sign.

(15)

Signs placed, affixed or painted on a motor vehicle or trailer parked with the primary purpose of providing signage, and not used in the normal conduct of business.

(16)

Signs located in the public right-of-way, unless approved and erected by the Virginia Department of Transportation or the town.

(17)

Billboards, mobile billboards or signs of a similar size.

(18)

Any sign representing or depicting specified sexual activities or specified anatomical areas or sexually oriented goods. Any sign containing obscene text or pictures as defined by the Virginia Code.

(19)

Signs advertising activities or products that are illegal under federal, state, town, or county law.

(e)

Sign standards: B-1 district. Any business located within the B-1 district shall be limited to displaying no greater than one square foot of signage per foot of building width facing such street, alley or parking area. Corner lots may total both frontages in calculating the allowable sign area. Distribution of allowable sign area between multiple businesses in the same building is at the sole discretion of the property owner, but in no case shall the aggregate of business displays be greater than 100 square feet. Monument signs as defined in this chapter are preferred in the B-1 district. Individual signs shall be limited in their size and placement according to the following regulations.