26.1-40-1. General. Accessory buildings, structures or uses are permitted in any zoning district, unless qualified below, but only in connection with, incidental to, and on the same lot with a principal building structure or use which is permitted within such district.

26.1-40-2.Permitted accessory uses. Accessory buildings, structures, and uses shall include, but are not limited to, the following buildings, structures or uses; provided that such buildings, structures or uses shall be in accordance with the definitions of accessory use and accessory building or structure contained in section 26.1-10.

(a)

Amusement machines, limit of five (5), including pinball machines, video games, or other similar player-operated devices but only accessory to legally conforming eating establishments, hotels and motels, bowling alleys, skating facilities, billiard establishments, indoor theaters and other establishments offering indoor games of skill, but not including amusement arcades, located in the central business or the general business zones; legally conforming indoor theaters or hotels and motels located in the local business zone; and legally conforming golf clubs, private clubs not conducted for profit and churches located in the A residence, B residence or local business zones.

(b)

Antenna structures other than satellite antennas (refer to paragraph (aa) below).

(c)

Barns and any other structures that are customarily incidental to an agricultural use (refer to paragraph (y) and section 26.1-40-3(f) below).

(d)

Carports.

(e)

Coal sheds.

(f)

Construction offices that accompany on-going development activities. (See definition of development contained in section 26.1-10.) Construction offices shall be removed from any development site not more than ninety (90) days after the development activity ceases.

(g)

Doghouses, runs, pens, rabbit hutches, cages and other similar structures including private kennels housing no more than four (4) dogs, which are six (6) months of age or older, as defined in section 26.1-10; for the housing of commonly accepted pets, but not including kennels as defined in section 26.1-10.

(h)

Fallout shelters.

(i)

Garages, private.

(j)

Garage and yard sales.

(k)

Gardening and garden sheds.

(l)

Guest house or rooms for guests in an owner-occupied principal building or building accessory to an owner-occupied principal building, but only in the A residence zone, B residence zone or local business zone and provided that the gross floor area used for housing guests in either an accessory or principal building does not exceed twenty (20) percent of the gross floor area of the principal building. The purpose of a guest house or rooms for guests shall be for the occasional housing of guests, and not as rental units or for permanent occupancy as housekeeping units. An accessory building used to house guests shall meet all applicable building code requirements that pertain to dwellings.

(m)

Motor vehicle fuel storage tanks installed underground in business and industrial zones and in residential zones when accessory to a use other than a dwelling.

(n)

Parking and loading spaces, off-street, as regulated by section 26.1-42; however a garage or parking area for not more than three (3) passenger vehicles plus one (1) commercial vehicle shall be permitted when accessory to a one-family dwelling in any zoning district.

(o)

Parking of one (1) commercial vehicle per dwelling unit in a residential zone or the local business zone subject to the following limitations.

(1)

No garbage truck, tractor and/or trailer of a tractor-trailer truck, dump truck, construction equipment, cement mixer truck, wreckers with a gross weight of twelve thousand (12,000) pounds or more, commercial passenger buses, or similar such vehicles or equipment shall be parked as an accessory to a dwelling in the aforementioned zones.

(2)

Any commercial vehicle parked as an accessory to a dwelling unit in any zone shall be owned and/or operated only by the occupant of the dwelling at which it is parked.

(p)

Porches, gazebos and similar structures.

(q)

Recreation, storage and service structures in a manufactured home park or trailer court.

(r)

Residence for a proprietor or storekeeper and his/her family located in the same building as his/her place of occupation in any commercial zone.

(s)

Signs for advertising the lease, sale or use of a lot or building on which placed and not exceeding a total area of twelve (12) square feet, provided that on a lot occupied by a dwelling there may be for each family housed no more than one (1) sign with a total area of not more than two (2) square feet that may indicate the occupants' name, address, and business, for example J. Smith—Accountant. Home occupation signs shall be installed in accordance with section 21-21(a) of the City of Norton Code. All other signs are permitted only in accordance with Chapter 21.

(t)

Statues, arbors, trellises, clotheslines, barbecue stoves, flagpoles, fences, walls, hedges, gates and gateposts located so as not to obstruct the normal observation of traffic.

(u)

Storage, outside, in residential and local business zones; to include a compost pile, provided such storage is located in the rear yard, is screened from view from the first story window of any neighboring dwelling, and the total area for such outside storage does not occupy more than one hundred (100) square feet. Outside storage on lots within either the general business, central business, light industrial or heavy industrial zones is permitted provided that the storage is screened from view from the first story window of any abutting dwelling located in a residential or local business zone.

(v)

Storage structures, provided however, that structures on lots within the general business, central business, light industrial or heavy industrial zones shall be screened from view from the first story window of any abutting dwelling located in a residential or local business zone.

(w)

Swimming pool and bathhouse, private.

(x)

Tennis, basketball or volleyball court, and similar private outdoor recreation uses.

(y)

Wayside stands, subject to the following limitations:

(1)

Shall be for the purpose of selling agricultural products grown on the same property, or the sale of products of approved home occupations conducted on the same property. For purpose of this chapter, plants which are balled and burlapped shall not be considered as growing on the same property.

(2)

Shall be permitted only in the A residence, B residence or local business zones on a lot containing at least twenty thousand (20,000) square feet.

(3)

Structure shall not exceed two hundred (200) square feet in gross floor area.

(4)

Shall be permitted only during crop-growing season, and such structure shall be removed except during such season.

(5)

Shall not be subject to the limitations set forth in section 26.1-40-3, but shall be located a minimum distance of ten (10) feet from any lot line.

(6)

Shall be located so as to provide for adequate off-street parking spaces and safe ingress and egress to the adjacent street.

(7)

Not withstanding the provisions of section 26.1-40-2(18), a wayside stand may have one (1) building-mounted sign, mounted flush against the stand, which does not exceed ten (10) square feet in area.

(z)

Farm animals (such as cows, pigs, hogs, goats, sheep, and other livestock, horses, mules, and other equine, chickens and other fowl, and similar utilitarian animals) may accompany permitted general purpose farms that engage primarily in the commercial soil-development cultivation or agricultural crop production and/or in the raising of livestock in accordance with Chapter 4 of the City of Norton Code—Animals and Fowl, but shall not be permitted as an accessory use except as follows:

(1)

Horses and other domesticated equine shall be permitted as accessory uses to a residential principal use in residential zones on lots of two (2) acres or greater in size, at the rate of one (1) such animal per acre over one (1).

(aa)

Satellite antenna. The size and location of any such antenna shall comply with all of the following requirements:

(1)

A satellite antenna may be located in a residential district when it complies with the following conditions:

a.

It is permanently ground mounted.

b.

It is not located in the front yard.

c.

It complies with the yard requirements of the underlying zone for accessory structures and uses.

d.

It does not exceed fifteen (15) feet in height above the existing grade.

e.

Only one (1) satellite antenna shall be permitted per lot.

f.

The satellite antenna shall be used for private, non-commercial purposes.

g.

Installation shall take place only after a building permit has been obtained.

h.

Satellite antennas with a diameter measuring less than forty (40) inches may be installed in a manner consistent with a typical television antenna.

i.

Roof-mounted satellite antennas are permitted in conjunction with hospitals, convalescent homes; sanatoriums; federal, state, or municipal uses; group housing projects and larger apartment houses when installed in accordance with section 26.1-40-2(aa)(2)c.

(2)

A satellite antenna may be located in a business or industrial zone when it complies with the following conditions:

a.

Ground mounted antennas shall be permitted when installed permanently and in accordance with the yard height, and other limiting requirements of the underlying zone for accessory structures.

b.

All ground mounted satellite antennas exceeding twelve (12) feet in diameter shall be screened from any adjoining residentially zoned property. Such screening can be waived if the antenna is set back a distance at least five (5) times its diameter from the residentially zoned parcel.

c.

Roof mounted antennas shall be permitted, provided, however, that the diameter of the antenna does not exceed thirty-three (33) percent of the existing height of the building.

26.1-40-3. Accessory use limitations—General.

(a)

No accessory structure shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized.

(b)

Accessory structures shall be allowed only in the rear or side yards of residentially zoned parcels. Accessory structures may be located in the front, rear or side yards of commercially or industrially zoned parcels, but not in a required front setback area or in a manner that obstructs the normal observation of traffic.

(c)

The aggregate gross floor area of all structures accessory to a single-family detached or attached dwelling shall not exceed thirty (30) percent of the gross floor area of the principal structure, provided that every lot of record with a principal structure shall be entitled to an aggregate of five hundred sixty-three (563) square feet of gross floor area for all accessory structures. All other accessory structures shall not exceed thirty (30) percent of the gross floor area of the principal structure on the lot.

(d)

Structures or uses accessory to single-family detached or attached dwellings, shall not exceed a height of fifteen feet. Satellite antennas shall conform to section 26.1-40-2(aa) above. All other accessory uses and structures shall not exceed the height of the principal structure on the lot.

(e)

Accessory structures and uses in either the rear or side yard of a residentially zoned parcel shall be set back a minimum of five (5) feet from the rear or side property line, unless there is a common party wall. An accessory structure or use located on a corner lot shall be set back a minimum of twenty-five (25) feet from the side property line adjacent to the side street.

(f)

The following regulations shall also apply to the location of structures for the housing of animals:

(1)

Barns and other structures used in connection with agriculture, including structures for the keeping, confining or sheltering of any poultry or livestock, except horses or ponies, shall be located no closer than one hundred (100) feet to any lot line.

(2)

Barns and other structures used for the confining or sheltering of horses or ponies shall be located no closer than fifty (50) feet to any front or side lot line nor closer than twenty feet to a rear lot line.

(3)

Doghouses, runs, pens, rabbit, hutches, cages, lofts, hives shall conform to paragraph (e) above.

(g)

Nothing contained in subsections (b) or (e) of this section 26.1-40-3 shall be deemed to apply to fences in front yards more than four (4) feet in height or to fences in side or rear yards not more than eight (8) feet in height, or to hedges not located so as to obstruct the normal observation of traffic.

(Ord. of 1-5-16, § 1(Exh. A)

(a)

In the case of a housing project consisting of a group of two (2) or more buildings to be constructed on a plot of ground of at least three (3) acres, which is not subdivided into the customary streets and lots and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this chapter to the individual buildings in such housing project, the application of such requirements to such housing project shall be done by the board of zoning appeals in a manner that will be in harmony with the character of the neighborhood and will ensure a density of land use no higher and a standard of open space at least as high as required by this chapter in the district in which the proposed project is to be located.

(b)

In no case shall the board of zoning appeals authorize a project without prior approval of the planning commission or a use or a building height prohibited in the district in which the housing project is to be located.

(Ord. of 1-5-16, § 1(Exh. A)

(a)

Parking regulations.

(1)

Requirements. Except as otherwise provided in this section, when any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by fifty (50) percent or more, or any building or structure hereafter erected is converted for uses listed in column 1 of the chart set out in this subsection, when uses are located in the districts listed in column 2, accessory off-street parking spaces shall be provided as required in column 3 or as required in subsequent parts of this subsection (a).

(2)

Interpretation of the chart.

a.

The use regulations for each district are not affected by the arrangement of uses in the chart.

b.

Floor area as used in the chart shall be as defined in this section.

c.

Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

d.

The parking space requirements for a use not specifically listed in the chart shall be the same as for the listed use of similar characteristics of parking demand generation.

e.

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or a premises by more than one (1) use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

f.

Whenever a building constructed after the date of this section is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, designated use or change of use or otherwise, to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

(3)

Handicap parking requirements. The following standard shall be used to establish the requirements for handicapped parking spaces for all uses in business, manufacturing and multifamily districts where there are required at least ten (10) parking spaces.

Handicapped spaces shall be located as close as possible to a building's primary entrance or divided among accessible entrances, if existing. For hotels and motels, handicapped spaces may be divided among alternative entrances and may be located close to specially fitted handicap sleeping rooms if they exist. Handicapped spaces shall be in accordance with state department of transportation standards, clearly marked with pavement marking and posted signs, and shall have ramp access to the access point of the building.

(4)

Joint use and off-site facilities.

a.

All parking spaces required by this section shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use, or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, or such buildings or uses are located in the central business district the required spaces may be located and maintained no more than six hundred (600) feet from the building served.

b.

Up to fifty (50) percent of the parking spaces required for (i) theaters, public auditoriums, bowling alleys, dance hall, nightclubs or cafes, and up to one hundred (100) percent of the parking spaces required for a church auditorium may be provided and used jointly by (ii) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (i); provided, however, that written agreement thereto is properly executed and filed as specified in subsection (4)c. below.

c.

In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used, a written agreement thereby ensuring their retention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney, and filed with the application on a building permit.

(5)

Design standards.

a.

As defined in this section, an off-street parking space is an all-weather surfaced area not in a street or alley and having dimensions in accordance with the state department of transportation standards, exclusive of traffic aisles and driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by an all-weather surfaced driveway not less than twenty-two (22) feet in width which affords satisfactory ingress and egress for automobiles. Aisles between parking spaces shall be a minimum of not less than twenty-two (22) feet in width for two-way traffic and eleven (11) feet for one-way traffic.

b.

Entrances or exits for all parking facilities shall comply with existing ordinances of the city.

c.

Screening, in the form of a solid fence or shrubbery, shall be required to protect neighboring residences from all parking lots hereafter constructed to contain ten (10) or more spaces.

d.

Parking spaces may be reduced two (2) feet in length if the adjoining walkway width or landscaped island width perpendicular to the parking space is increased by two (2) feet.

(6)

Employee parking lots. Where parking lots of seventy-five (75) spaces or more are used primarily for long-term employee parking for office or industrial uses, the parking space dimensions may be reduced to eight (8) feet in width and sixteen and one-half (16.5) feet in depth. The land area gained by this action shall be added to the landscaped area of the building site. A site plan showing the revised parking layout shall be submitted to the city zoning administrator who shall have the authority to approve the revised parking plan.

(7)

Stacking space standards. Various types of retail and service commercial activities are utilizing drive-through facilities to conduct daily business operations. The following standards shall be used to provide space for the temporary storage of vehicles waiting to use drive-through services:

a.

Financial institutions. Space for four (4) vehicles behind each window or drive-through position;

b.

Fast-food restaurants. Space for two (2) vehicle spaces between the order board and pick-up window and five (5) spaces behind the order board;

c.

All other businesses using drive-through facilities. Space for three (3) vehicles behind each window or drive-through position.

A vehicle space shall be eighteen (18) feet in length and nine (9) feet in width and shall be physically separated from driveways serving parking spaces to avoid traffic congestion within the parking lot.

(b)

Off-street loading regulations.

(1)

Requirements. Except as otherwise provided in this section, when any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by fifty (50) percent or more, or any building is hereafter converted for the uses listed in column 1 of the chart set out in this subsection, when such buildings contain the floor areas specified in column 2, accessory off-street loading spaces shall be provided as required in column 3 or as required in subsequent parts of this subsection (b).

(2)

Mixed uses in one building. Where a building is used for more than one (1) use or for different uses, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces, the aggregate floor area used is provided as if the entire building were used for that in the building for which the most spaces are required.

(3)

Design standards.

a.

As defined in this section, a loading space is a space within the main building or on the same lot providing for the standing, loading or unloading of trucks, having a minimum dimension of twelve (12) by forty-five (45) feet and a vertical clearance of at least fourteen (14) feet.

b.

Loading spaces for a funeral home may be reduced in size to ten (10) by twenty-five (25) feet and vertical clearance reduced to eight (8) feet.

(c)

Exceptions in the central business zone (B-2). Recognizing the need for greater flexibility in the central business zone because of existing buildings and limited capability to provide prime parking spaces, the following exceptions apply:

(1)

Any existing building in which floor space is not increased more than ten (10) percent is exempt from this section.

(2)

Any existing building that is torn down and rebuilt and the floor space is not increased more than ten (10) percent is exempt from this section.

(3)

Any building that has excess off-street parking, as per the requirements of this section, may use the excess spaces for any floor space expansion.

(Ord. of 1-5-16, § 1(Exh. A)

(a)

Home occupations shall be permitted as specified in the district regulations and subject to the standards and conditions of this section.

(b)

All home occupations must comply with all city, state or federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations. All home occupations must be properly licensed in accordance with the business, professional and occupational licensing provisions of the City of Norton Code.

26.1-43-1. Intent. In order to provide peace, quiet and domestic tranquility within all residential neighborhoods within the city, and in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas; and to permit residents of the city a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income; and to establish criteria and development standards for home occupations conducted in all dwelling units, manufactured homes or mobile homes, the Norton City Council adopts the following provisions:

26.1-43-2. Definition. A home occupation is an accessory use that is a lawful occupation, profession or activity that is clearly a customary, incidental and secondary use conducted within a residential dwelling unit (for purpose of section 26.1-43 only, the term dwelling unit also includes single-family attached or multifamily units, manufactured homes or mobile homes) by a member or members of the family who occupy the dwelling, and that does not alter the exterior of the property or affect the residential character of either the dwelling or the neighborhood.

26.1-43-3. Performance criteria.

(a)

Applications for a home occupation permit shall be evaluated and investigations conducted using the following criteria, which shall be incorporated as minimum conditions of approval.

(1)

A home occupation shall be incidental to the use of a dwelling unit for residential purposes. No more than twenty (20) percent of the gross floor area of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation. Gross floor area of a dwelling unit, in this instance, shall include the floor area of all heated and ventilated and thereby habitable rooms and areas within the dwelling unit including basements and habitable attic space.

(2)

On the premises, retail sales shall be prohibited except for the retail sales of products or goods produced or fabricated on the premises as a result of the home occupation.

(3)

The operation of any wholesale business, unless it is conducted entirely by mail, and does not involve the sale, shipment or delivery of merchandise on the premises, is prohibited.

(4)

A member or members of the family permanently residing on the premises as well as additional persons who do not reside permanently on the premises may be employed in the home occupation; however, not more than one (1) person not residing permanently on the premises may work on the premises at any given time.

(5)

A home occupation shall not be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m.

(6)

No more than four (4) people may avail themselves of the services provided by the home occupation use at a given dwelling unit at any given moment in time. Home occupations that attract customers, clients, or students to the premises for sales or services shall not be allowed in multi-family dwelling units.

(7)

No more than one (1) home occupation shall be permitted within any single dwelling unit.

(8)

A home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory structures or garages, attached or detached, provided that the gross floor area used for such uses does not exceed twenty (20) percent of the gross floor area of the principal building. No home occupation or storage of any goods, materials or products connected with a home occupation shall be allowed out-of-doors on the property or in accessory trailers. Samples of goods sold or job-related materials may be carried in vehicles used for business purposes.

(9)

There shall be no exterior indication of the home occupation or variation from the residential character of the principal building. There shall be no display of products visible in any manner from the outside of the principal building.

(10)

There shall be no deliveries to or from a home occupation with a commercial vehicle having a gross vehicle weight of more than fourteen thousand (14,000) pounds. Generally, delivery and pick up of materials and commodities to and from the premises by a commercial vehicle should not exceed two (2) trips per week.

(11)

No materials which decompose by detonation shall be allowed in conjunction with a home occupation.

(12)

Electrical, mechanical or other equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that creates noise, vibration, smoke, dust, odors, or heat not normally associated with residential uses and that is detectable beyond the property lines or beyond the walls of the dwelling if the unit is part of a single-family attached or multifamily structure shall be prohibited. The judgment of the building official shall be considered decisive and final in this matter unless formally appealed to the building board of appeals within thirty (30) days of the building official's written determination. Mechanical equipment used for purely domestic or hobby purposes is not prohibited.

(13)

There shall be no signs present on the property except for one (1) sign with a total area of not more than two (2) square feet that may indicate the occupants' name, address, and business, for example J. Smith—Accountant. Home occupation signs shall be installed in accordance with section 21-21(a) of the City of Norton Code. All other signs are permitted only in accordance with Chapter 21.

(14)

The use shall not require additional off-street parking spaces for clients or customers of the home occupation. On-street parking of customers' or clients' vehicles should not create safety hazards or unusual congestion. The occupant may park one (1) commercially licensed vehicle used in the business either off or on-street overnight (refer also to section 26.1-42).

(15)

The home occupation should not generate significantly greater traffic volumes than would normally be expected in a particular zoning district in which the home occupation is conducted.

(16)

No home occupation shall cause an increase in the demand for city services funded from the general fund of the annual budget such as garbage collection, street cleaning, etc. that exceed the average for residences in the immediate neighborhood.

26.1-43-4. Persons with disabilities.

(a)

Procedure. Persons with demonstrated disabilities may be permitted special consideration by the city manager or his designee. The applicant may request in writing a waiver of a portion of all of one (1) or more of the foregoing requirements. This special request shall be considered by the city manager or his designee within thirty (30) calendar days of the date the application is filed.

(b)

Notification. A permit shall not be issued until all adjacent property owners are notified of the request by the city manager or his designee in writing by first class mail.

(c)

Objection. If no person notified of the permit request objects in writing within ten (10) calendar days of the notice, the city manager or his designee may approve the permit without a hearing.

(d)

Appeal. If one (1) or more persons notified of the permit objects within ten (10) calendar days of the notice, the city manager or his designee shall refer the permit to the board of zoning appeals for public hearing. Likewise, a negative determination may be appealed by the permit applicant to the board of zoning appeals for a public hearing. The board of zoning appeals shall hear and decide the determination of the city manager or his designee in accordance with section 26.1-61 of this chapter and section 15.1-495 of the Code of Virginia.

26.1-43-5. Nonconforming home occupations. A nonconforming home occupation is one which was lawfully established and maintained prior to the effective date of this section but is no longer allowed because of the application of this section or any amendment hereto.

26.1-43-6. Procedure for obtaining a home occupation permit.

(a)

Application. Application for a home occupation permit shall be made to the city manager or his designee on a form provided by the city and shall be accompanied by the prevailing filing fee as established by city council. This request shall be considered by the city manager or his designee within thirty (30) calendar days of the date the application is filed.

(b)

Notification. A permit shall not be issued until all adjacent property owners are notified by the city manager or his designee of the request in writing by first class mail.

(c)

Objection. If no person notified of the permit request objects in writing within ten (10) calendar days of the notice, the city manager or his designee may approve the permit without a hearing.

(d)

Appeal. If one (1) or more persons notified of the permit objects within ten (10) calendar days of the notice, the city manager or his designee shall refer the permit to the board of zoning appeals for public hearing. Likewise, a negative determination may be appealed by the permit applicant to the board of zoning appeals for a public hearing. The board of zoning appeals shall hear and decide the determination of the city manager or his designee in accordance with section 26.1-61 of this chapter and section 15.1-495 of the Code of Virginia.

(e)

Scope. In cases where the city manager or his designee considers the application not within the scope of section 26.1-43-4, the application will be denied.

(f)

Time limit. All home occupation permits shall be valid for a period of one (1) year from the initial date of approval.

(g)

Voiding of permit. The city manager or his designee may void any home occupation permit for noncompliance with the criteria set forth in this section. Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked or is not renewed, it becomes null and void and said use shall be terminated.

(h)

Appeals. The decision of the city manager or his designee concerning approval or revocation shall be final unless a written appeal is filed with the board of zoning appeals within thirty (30) calendar days of the decision. An appeal must be filed in accordance with section 26.1-61 of this chapter and section 15.1-495 of the Code of Virginia.

(i)

Inspection. Home occupation applicants shall permit a reasonable inspection of the premises by the city manager or his designee to determine compliance with this section. Home occupations may be field-checked annually by city staff to determine compliance.

(j)

Home occupation permits may be renewed annually provided there have not been any violations of the provisions of this chapter. Requests for renewals shall be submitted to the city manager or his designee in writing, accompanied by the prevailing renewal fee, as established by city council resolution, one (1) month prior to the expiration of the permit.

(Ord. of 1-5-16, § 1(Exh. A)

26.1-44-1. Emergency manufactured homes. The city manager or his designee may authorize the emergency use of a manufactured home in the following situations:

(a)

Where the building official has certified to the city manager or his designee that the permanent dwelling on the lot has been lost or destroyed by fire, flood, or act of God and is, as a result, uninhabitable. An emergency manufactured home may be authorized in the A residence, B residence, or local business zones, subject to the following limitations:

(1)

The manufactured home shall be occupied solely by the family who inhabited the uninhabitable dwelling and shall be situated on the same lot.

(2)

The manufactured home shall be removed as soon as reconstruction or replacement of the uninhabitable dwelling is complete, but in no case longer than twelve (12) months. A one-time extension for up to twelve (12) additional months may be authorized by the city manager or his designee if substantial construction has occurred during the first twelve-month period.

(3)

The manufactured home shall meet the setback and yard requirements of the district in which it is located.

(4)

The manufactured home shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code.

(b)

Where the President of the United States has declared a federal disaster, the city manager may authorize the placement of temporary manufactured homes supplied by the Federal Emergency Management Agency (FEMA) to disaster victims who lost their regular home. In such cases, all zoning and building code requirements shall be waived, in favor of FEMA standards. The period for temporary placement of manufactured homes shall be twelve (12) months, unless FEMA authorizes an extension of an additional twelve (12) months. Placement beyond twenty-four (24) months may be permitted to provide decent, safe and sanitary housing upon favorable review by the board of zoning appeals in accordance with section 26.1-61 of this chapter and section 15.1-495 of the Code of Virginia.

(Ord. of 1-5-16, § 1(Exh. A)

For a mobile home or trailer mobile home as defined by section 26.1-10, the following provisions shall apply:

(1)

The city recognizes that the Manufactured Home Construction Safety Standards, promulgated by the U.S. Department of Housing and Urban Development, are quality standards that assure a safe and decent unit for living purposes and that prior to June 15, 1976, no equivalent standards existed. Accordingly, it is the intent of this section to prohibit additional mobile homes and trailer mobile homes within the city, after the effective date of this subsection.

(2)

The city further recognizes that prior to the enactment of this section, certain mobile homes and trailer mobile homes existed within the city. These homes may continue to exist if located in a trailer court established before the effective date of this section. If these homes are not already located in a trailer court, they may be transferred to a trailer court conforming as a result of the enactment of this section. The transfer of a mobile home or trailer mobile home to a trailer court must occur within twelve (12) months from the date this section is enacted. No mobile homes or trailer mobile homes that are located outside of the city prior to the enactment of this section shall be permitted to be transferred into a trailer court located within the corporate limits. No mobile homes or trailer mobile homes may be transferred to a manufactured home park established after the effective date of this subsection.

(3)

Nonconforming mobile homes or trailer mobile homes are subject to discontinuance in accordance with section 26.1-51

(Ord. of 1-5-16, § 1(Exh. A)

(a)

Industrialized office buildings shall be permitted as specified in the district regulations and subject to the standards and conditions of this section.

(1)

No industrialized office building below the minimum size of three hundred twenty (320) square feet of gross floor area shall be allowed;

(2)

The industrialized office building shall have the tow assembly and wheels removed and be mounted on, and anchored to, a permanent foundation in accordance with the Virginia Uniform Statewide Building Code;

(3)

The industrialized office building must be covered with an exterior material customarily used on conventional site built structures to the satisfaction of the city manager or his designee. The exterior covering material shall extend to the ground except that, when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

(4)

The roof must be constructed of shingles or other materials customarily used for conventional site built structures to the satisfaction of the city manager or his designee. The roof must be pitched to the satisfaction of the city manager or his designee.

(Ord. of 1-5-16, § 1(Exh. A)

(a)

Industrialized office buildings for temporary use shall be permitted as specified in the district regulations and subject to the standards and conditions of this section.

(1)

The industrialized office building for temporary use shall not be placed on the site for more than six (6) consecutive months in any one-year period.

(2)

The industrialized office building for temporary use must be anchored in accordance with the Virginia Uniform Statewide Building Code.

(3)

This section shall not apply to construction offices that accompany on-going development activities.

(Ord. of 1-5-16, § 1(Exh. A)

The purpose of this section is to establish guidelines for the citing of wireless, cellular, television and radio telecommunications towers and antennas. The goals of this section are:

(1)

To limit the location of towers to nonresidential areas;

(2)

To minimize the number of towers in the community to those necessary to provide adequate service to the users within the City of Norton;

(3)

To encourage the joint use of new and existing tower sites among service providers;

(4)

To locate towers in areas where adverse impacts on the community are minimized.

26.1-48-1. Applicability. These standards shall apply to all new and replacement towers and antennas within the City of Norton that exceed one hundred twenty-five (125) feet in height. Towers that are one hundred twenty-five (125) feet or less are regulated in the current city zoning ordinance as adopted on June 1, 1993.

26.1-48-2. Exemptions.

(a)

Local, state, and federal government facilities and structures including private structures proposed for placement on governmentally owned property.

(b)

Towers and antennas that are one hundred twenty-five (125) feet or less in height.

26.1-48-3. Principal and accessory use. A tower and/or antenna is considered a principal or primary use if located on any lot of land as the sole structure, and is considered an accessory use if located on a lot which is shared with a different existing primary use or existing structure. An existing use or structure on the same lot shall not preclude the installation of towers or antennas on such lot. For purposes of determining whether the installation of a tower or antenna complies with the district regulations, the dimensions of the entire lot shall control. Towers that are constructed and antennas that are installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

26.1-48-4. Co-location.

(a)

In addition to all applicable building and safety codes, all towers shall be designed to accommodate the co-location of wireless cellular communications antennas according to the following:

(1)

Towers one hundred fifty (150) feet or less in height, the structure and fenced compound shall be designed to accommodate at least four (4) providers.

(2)

Towers that exceed one hundred fifty (150) feet in height, the structure and fenced compound shall be designed to accommodate at least six (6) providers when completed to its maximum allowable height.

(b)

No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the City of Norton that no existing tower can accommodate the applicant's proposed antenna. Factors to be included in making the determination of whether or not co-location is viable include the following:

(1)

That no existing towers are located within the geographic antenna placement area required to meet the applicant's engineering requirements.

(2)

That existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

(3)

That existing towers or structures do not have sufficient structural strength to support the applicant's antenna and related equipment.

(4)

That the applicant's proposed antenna would cause interference with the antenna(s) on the existing towers or structures, or vice versa.

(5)

That the cost or contractual provisions required by the tower owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6)

That the applicant adequately demonstrates that there are other limiting factors that render the existing towers and structures unsuitable.

(Ord. of 1-5-16, § 1(Exh. A)

26.1-48-5. Aesthetics.

(a)

Towers and/or antennas may be required, subject to any applicable standards of the FAA, to be painted a neutral color so as to reduce visual obtrusiveness.

(b)

At all tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment.

(c)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority.

(d)

No signage or other identifying markings of a commercial nature, except those manufacturers markings and/or signage on the tower or tower equipment, shall be permitted upon any tower.

(e)

Existing mature tree growth and natural land forms around the site shall be preserved to the maximum extent possible.

(f)

Where adequate vegetation is not present, tower facilities shall be landscaped with a landscaped strip of plant materials which effectively screens the view of the tower compound.

(g)

No tower shall be permitted on any lot or parcel of land, regardless of the zoning, on the south side of U.S. Route 23. This provision is intended to preserve and protect the view shed of the Flag Rock Recreational Area and the Jefferson National Forest.

26.1-48-6. Setbacks, separation, and fencing.

(a)

Towers shall be set back a distance equal to one-third (⅓) of the height of the tower from its center to any public right-of-way or property line of the lot containing the tower.

(b)

Towers must be located a minimum distance of two (2) times the height of the tower from any residentially zoned property.

(c)

All towers and supporting equipment shall be enclosed by fencing not less than six (6) feet in height and shall be constructed of chain link, wood, or other approved alternative.

26.1-48-7. Federal requirements, building code compliance.

(a)

All towers and antennas must meet or exceed current standards and regulations of the FAA, FCC, and any other agency of the federal government with the authority to regulate these items.

(b)

To insure the structural integrity of the towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations.

26.1-48-8. Permitted uses. If it is adequately demonstrated that co-location is not possible for a given geographic placement area, the following uses are permitted:

Constructing a new tower, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the following zoning districts:

(M-1) Light industrial zone.

(M-2) Heavy industrial zone.

26.1-48-9. Uses permissible on appeal. If it is adequately demonstrated that co-location is not possible for a given geographic placement area, the following uses are permissible on appeal:

Constructing a new tower, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the following zoning district:

(B-3) General business zone.

26.1-48-10. Prohibited zones. The placement of towers and antennas as described in this article is prohibited in any residential zone, the central business zone, and the local business zone.

26.1-48-11. Removal of abandoned towers and antennas. Any tower or antenna that is not operated for a continuous period exceeding twelve (12) months shall be considered abandoned, and the owner of such tower or antenna shall remove the same within ninety (90) days of receipt of the notice from the zoning administrator notifying the owner of such removal requirement. Removal includes the removal of the tower, all fence and fence footers, underground cables, and supporting buildings and structures.

26.1-48-12. Change of ownership. Upon the transfer of ownership of any tower, the tower owner shall notify the City of Norton of the transaction in writing within thirty (30) days.

26.1-48-13. Exceptions—Stealth towers. Stealth towers shall be considered a permitted use in the (M1) light industrial zone and the (M2) heavy industrial zone. Stealth towers shall be considered a use permissible on appeal in all other city zoning districts except those zones located on the south side of U.S. Route 23.

In considering stealth tower requests as a use permissible on appeal, the board of appeals will consider the size of the tower, the exact "stealth" application, and the concerns expressed, if any, of citizens and/or businesses within the requested area of use. In addition the board of appeals will consider any impairment to scenic views and visual quality in making their decision.

26.1-48-14. Definitions.

Antenna. Any exterior apparatus designed for wireless cellular telecommunication, radio, or television communications through the sending and/or receiving of electromagnetic waves.

FAA. Federal Aviation Administration.

FCC. Federal Communications Commission.

Height. The distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna or lightning rod.

Stealth tower. A tower or antenna camouflaged in such a way as to minimize its visibility.

Tower. Any structure designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmissions towers, microwave towers, wireless cellular communications towers, and other similar structures.

(Ord. of 1-5-16, § 1(Exh. A)