This chapter shall be known and may be cited as "The Zoning Ordinance of the City of Radford Virginia" or simply as the "Zoning Ordinance."

(Ord. No. 1553, 5-14-07)

This chapter is established pursuant to the provisions of Code of Virginia, art. 7 of tit. 15.2, §§ 15.2-2280—15.2-2316, as amended, and is intended to classify the incorporated territory of the City of Radford, Virginia into zoning districts to carry out the purposes of the article.

(Ord. No. 1553, 5-14-07)

(1)

General purposes. This chapter is for the general purpose of promoting the health, safety and general welfare of the public and of further accomplishing the objectives of Code of Virginia, § 15.2-2283, as amended. To these ends, this chapter is designed to give reasonable consideration to each of the following purposes, where applicable:

(a)

To provide for adequate light, air, convenience of access and safety from fire, flood and other dangers;

(b)

To reduce or prevent congestion in the public streets;

(c)

To facilitate the creation of a convenient, attractive and harmonious community;

(d)

To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

(e)

To protect against destruction of or encroachment upon historic areas;

(f)

To protect against one or more of the following; overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation or loss of life, health or property from fire, flood, panic or other dangers;

(g)

To encourage economic development activities that provide desirable employment and enlarge the tax base;

(h)

To provide for the preservation of agricultural and forestall lands and other lands of significance for the protection of the natural environment;

(i)

To protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities;

(j)

To promote, the creation and preservation of affordable housing, suitable for meeting the current and future needs of the city as well as a reasonable proportion of the current and future needs of the planning district within which the city is situated;

(k)

To provide reasonable protection against encroachment upon military bases, military installations, and military airports and their adjacent safety areas, excluding armories operated by the Virginia National Guard; and

(l)

To protect surface water and groundwater.

(2)

Considerations in establishing chapter. Pursuant to the requirements of Code of Virginia, § 15.2-2284, as amended, the regulations contained in this chapter and the districts established herein have been drawn and applied in consideration for the existing use and character of property, the comprehensive plan of the city, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the city as to land for various purposes as determined by population and economic studies and other studies carried out through the comprehensive plan, the transportation requirements of the city, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of floodplains, the preservation of agricultural and forestall land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the city.

(Ord. No. 1553, 5-14-07)

This chapter shall become effective upon adoption.

(Ord. No. 1553, 5-14-07)

(1)

Provisions are minimum requirements. In their interpretation and application, the provisions of this chapter shall be construed to be minimum requirements.

(2)

Conflict with other requirements. Where a requirement imposed by any provision of this chapter is at variance with any other provision thereof or with the requirements of any other lawfully adopted regulation, the most restrictive requirement, or that, which imposes the higher standard, shall govern.

(3)

Permitted uses. Permitted uses listed in the district regulations shall be permitted in the respective districts, provided they comply with all applicable provisions of this chapter. All other uses shall be prohibited.

(4)

Private covenants and restrictions. The provisions of this chapter shall not be construed to affect, interfere with, or abrogate any condition, covenant, limitation, or restriction contained in any deed, contract or other private agreement relating to the use of any land or buildings, provided that whenever the provisions of this chapter impose greater restrictions on the use of land or buildings than are imposed by any such condition, covenant, limitation or restriction, the provisions of this chapter shall govern.

(Ord. No. 1553, 5-14-07)

(1)

Applicability. For the purposes of this chapter, and unless specifically prescribed to the contrary elsewhere in this chapter, certain words and terms shall be interpreted as set forth in this section. Words and terms not defined herein shall be interpreted in accordance with such normal dictionary meaning or customary usage as is appropriate to the context.

(2)

General rules. The following general rules of interpretation shall apply throughout this chapter, as they are appropriate to the context.

(a)

The word "person" includes a firm, association, organization, partnership, trust company or corporation, as well as an individual.

(b)

The present tense includes the future tense; the singular number includes the plural; and the plural number includes the singular.

(c)

The word "shall" is mandatory, and the word "may" is permissive.

(d)

The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied."

(e)

The words "building" or "structure" include any part thereof, and the word "building" includes the word "structure."

(f)

The terms "main" and "principal" are synonymous.

(g)

The word "land" includes the words "water" and "marsh."

(3)

Certain words defined. The following words and terms shall be interpreted as having such meaning as set forth herein, unless a specific meaning to the contrary is indicated elsewhere in this chapter.

Accessory building means a building separate from the main building on a lot and used for purposes customarily incidental and clearly subordinate to the principal use of the lot on which it is located. No such accessory structure shall be used for housekeeping purposed without the granting of a special exception.

Accessory use means a use of land or a use of a building for purposes customarily incidental and clearly subordinate to the principal use of the lot on which it is located.

Administrator, zoning means the officer appointed by the city manager to administer and enforce the provisions of this chapter.

Adult bookstore or adult video store means an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices or similar media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

Adult business means any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons.

Adult entertainment means dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD-ROMs, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult merchandise means magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs; or, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.

Adult model studio means a commercial establishment, including a lingerie store or novelty store, in which a person performs or simulates specified sexual activities, exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons.

Adult motel means a motel, hotel, or similar commercial establishment that: (i) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually-oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (ii) offers a sleeping room for rent for a time period less than ten hours; or (iii) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.

Adult movie theater means an enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, excluding movies that have been rated "G," "PG," "PG-13," or "R" by the Motion Picture Association of America.

Adult nightclub means a restaurant, bar, club, or similar establishment that regularly features adult entertainment.

Adult store means an establishment having adult merchandise as a substantial or significant portion of its stock-in-trade.

Alley means a public way affording or intended to afford a secondary means of vehicular access to abutting properties and situated along the side or rear of such properties.

Alteration means any change in the floor area, use, adaptability, or external appearance of an existing structure.

Amusement center means a building, portion or a building or area outside of a building, where three or more video game machines, pinball machines, billiard tables or other similar player-operated amusement devices, or any combination of three or more such devices, are maintained for use by the public.

Auto service center means an establishment for the servicing and providing minor repair of motor vehicles within enclosed service bays or stalls, and which may include the dispensing of motor fuels and related products at retail and the sale of minor automobiles parts and accessories such as tires, batteries, spark plugs, fan belts, shock absorbers, cleaning and polishing materials and similar items. Auto service center: shall not include any establishment engaging in general auto or truck repair, body repair or painting, welding, frame straightening, tire recapping or vulcanizing, storage of wrecked vehicles or any operation involving the installation or removal of engines, cylinder heads, crankcases, radiators, transmissions, differentials or other major body or mechanical parts. Such facilities may or may not include convenience stores that sell food stuffs and household items.

Auto service station means an establishment for the dispensing of motor fuels and related products at retail and having pumps, underground storage tanks and other facilities for such activity, and which may include the retail sale of minor automobile parts and accessories such as tires, batteries, spark plugs, fan belts, shock absorbers, cleaning and polishing materials and similar items, and which may include the inspection, servicing or minor repair of motor vehicles in enclosed service bays or stalls. "Auto service station" shall not include any establishment engaging in general auto or truck repair, body repair or painting, welding, storage of wrecked vehicles or any operation involving the installation or removal of engines, cylinder heads, crankcases, radiators, transmissions, differentials or other major body or mechanical parts.

Automobile graveyard means any area outside of a completely enclosed building used for the storage, keeping, or parking of two or more motor vehicles of any kind, incapable of being operated and not economically practical to make operative.

Base flood/100-year flood means a flood that, on the average, is likely to occur once every 100 years (i.e. that has a one percent chance of occurring each year, although the flood may occur in any year).

Base flood elevation (BFE) means the Federal Emergency Management Agency designated 100-year water surface elevation, plus one foot.

Bed and breakfast facility means a facility within an owner-occupied single-family dwelling for the housing of persons other than a hotel, motel, or restaurant, where meals and lodging are provided for compensation for three to ten persons, unrelated to the owner or operator, where no cooking or dining facilities are provide in individual rooms, and in which the length of stay is usually less than one week in duration.

Bedroom means any livable space within a dwelling unit or lodging unit when such space is furnished principally for sleeping purposes by occupants of the premises or is so designed and arranged as to be readily capable of being separated from other living spaces in the unit and used for sleeping purposes with a minimum area of not less than 70 square feet per inhabitant.

Board of zoning appeals means the board of zoning appeals of the City of Radford, the composition, powers and duties of which are set forth in Article X of this chapter.

Broadcasting or communication tower means any unstaffed facility for the transmission and/or reception of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services. A broadcasting or communication facility usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antenna. Excluded are amateur radio towers, which are described separately. Also excluded are wireless communication antennas which fit the definition of utility services.

Building means a combination of any materials, whether portable or fixed, that forms a structure for use or occupancy by persons or property.

Camps means any plot of ground which primarily provides recreational opportunities of an outdoor nature on a daily or overnight basis. Included in this use type would be scout camps, religious camps, children's camps, wilderness camps, and similar uses which are not otherwise specifically described in this chapter.

Campground means any plot of ground used, maintained, or held out to the public, wholly, or in part, as temporary accommodation for tents, expandable camp trailers, travel trailers, converted buses, or trucks, or such other devices as may be developed and marketed for camping; whether privately or publicly owned; and whether used of such accommodations is granted free of charge or for compensation.

Campsite means a designated plot of ground within a campground intended or used for the exclusive occupancy by a tent, recreational vehicle, or vacation cottage.

Canopy means an awning or marquee.

Child care center means any facility operated for the purpose of providing care, protection and guidance to a group of more than five children separated from their parents or guardians during a portion of the day, not including children of a family residing on the premises.

City council means the governing body of the City of Radford, Virginia.

Cluster development means a development pattern in which residential, commercial, industrial and institutional uses, or combinations thereof, are grouped together, leaving portions of the land undeveloped. Such development usually involves density transfer where unused allowable densities in one area are permitted in another area. A zoning ordinance may authorize such development by permitting smaller lot sizes if a specified portion of the land is kept in permanent open space.

Commission means the City of Radford planning commission.

Completely enclosed building means a building enclosed on all sides and having no outside openings other than ordinary doors, windows and means of ventilation.

Conditional zoning means the creation of a new zoning district for property to be used in a particular way as the result of conditions, proffered by the applicant, which limit or qualify how the property may be used. In order for the planning commission to accept the proffered conditions, the conditions proffered must give rise to the need for the conditions, have a reasonable relationship to the rezoning, and not include a cash contribution to the city.

Craft beverage manufacturing means a small-scale brewery manufacturing no more than 15,000 barrels of beer per calendar year licensed in accordance with Code of Virginia, § 4.1-208, as amended, or a small-scale distillery manufacturing no more than 36,000 gallons of distilled spirits, licensed in accordance with Code of Virginia, § 4.1-206, as amended. Accessory uses shall include tasting rooms at which the consumption of beer or distilled spirits manufactured on-site occurs, accessory food sales occur, and beer and/or distilled spirits manufactured on-site are sold.

Deck means a structure, without a roof, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. The term "development" includes construction, reconstruction, alteration, restoration, and demolition of a structure. It also includes the erection of a new sign.

Development site means all of the land developed or intended to be developed for single-family attached dwellings and related accessory uses, structures and facilities, when such land is contiguous and under single ownership or control for purposes of planning and initial development. A development site shall include the individual lots on which attached dwellings are or will be located, as well as all open spaces, parking areas, driveways, recreational facilities, community areas and other areas owned or to be owned in common by owners of individual lots within the development.

Dump heap (trash pile) means any area where trash, garbage or other waste or scrap material is dumped or deposited without being covered.

Dwelling, multifamily means a building, which contains three or more dwelling units.

Dwelling, single-family means a building which is completely separated from any other main building and which contains only one dwelling unit, as distinguished from single-family attached dwellings.

Dwelling, single-family attached means a building which contains one dwelling unit located on an individual lot of record and which is attached by means of party walls in a series of two or more buildings, each of which contains one dwelling unit and is located on a separate lot of record. A building meeting the terms of this definition and commonly known as a "townhouse" shall be considered a single-family attached dwelling.

Dwelling, duplex means a building that contains two dwelling units.

Dwelling unit means a room or group of rooms within a building and constituting a separate and independent housekeeping unit occupied or intended for occupancy by one family and containing cooking, sleeping and sanitary facilities. The term "dwelling unit" shall not include a recreation vehicle or room or group of rooms within a hotel, motel, tourist home, fraternity or sorority house, lodging house or similar lodging facility.

Easement means a right granted by a property owner to another party for specific limited use of that land, such as a utility easement which allows the use of private property for the installation and maintenance of utility lines and facilities.

Educational facilities, college/university means an educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees, and facilities associated with it. This term includes academic buildings, administrative facilities, dormitories, special housing, parking areas, dining halls, and other physical plant associated with the college or university use.

Educational facilities, primary/secondary means a public, private or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia.

Family means one or more persons related by blood, marriage or adoption, including foster children, or not more than five unrelated person occupying a single dwelling unit, except as otherwise provided herein. Domestic servants or employees residing on the premises shall be considered as part of a family. The term "family" shall not be construed to include a fraternity, sorority, club or a group of persons occupying a hotel, motel, tourist home or lodging house, but shall include the occupants of a group home as defined in this article.

Family day care home means a single-family dwelling in which more than five but less than 13 individuals are received for care, protection and guidance during only part of a 24-hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall not be counted toward this total. The care of five or fewer individuals for portions of a day shall be considered as a home occupation.

Fence means permanent or temporary architectural structure of any material that encircles any or all of lot. Temporary fencing shall be removed when the purpose has been satisfied or within six months.

Floating zoning means a district classification which is not "anchored" to a particular area on the initial zoning map but which is available through rezoning to any parcel of property with the following qualification: The plans for the parcel must meet both the ordinance requirements and those other requirements of the city council which ensure that the classification is compatible with the surrounding properties and districts.

Flood means:

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The unusual and rapid accumulation or runoff of surface waters from any source;

b.

Mudslides (i.e. mudflows) which are proximately caused by flooding as defined in (1)b. or this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in (1)a. of this definition.

Flood-prone area means any land area susceptible to being inundated by water from any source.

Floodplain means:

(1)

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;

(2)

An area subject to the unusual and rapid accumulation or runoff of surface water from any source.

Floodway means the designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.

Floor area means the sum of the horizontal areas of all usable floors of a building as measured from the exterior faces of exterior walls and including all intervening walls, partitions, hallways, corridors, lobbies, and stairways. Floor area shall not include unenclosed porches, balconies, carports, garages, or any basement or attic areas which are not improved and available for occupancy.

Fraternity or sorority means a male or female student society or nonstudent group organized for social and other purposes, commonly but not necessarily composed of affiliated branches or chapters in various institutions of learning or other locations, and frequently designated by letter(s) of the Greek alphabet.

Frontage means that portion of a lot abutting a street and being situated between the lot lines intersecting the street; also referred to as "street frontage."

Funeral home means establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include funeral homes, mortuaries, or crematories.

Garage, private means an accessory building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

Garage, public means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, painting, equipping, renting, selling, or storing motor vehicles.

Garage apartment means a dwelling unit constructed in or above an existing private garage.

Gardening means any use of land unenclosed except for fencing for the raising of grass, flowers, vegetables, crops, trees, or other botanical objects of natural growth, generally for the use and/or consumption by the occupants of the premises, but not including accessory structures used for the same purpose.

Golf driving range means a limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee area.

Greek organization sign is defined as any sign, flag, banner or other object used to identify a Greek organization (fraternity, sorority, or club).

Group home means a residential facility in which not more than eight mentally ill, mentally retarded, or other developmentally disabled persons reside, with one or more resident counselors or other staff persons, the purpose of such facility being to provide to its occupants the benefits of normal residential surroundings to achieve optimal assimilation into the community. The term "group home" shall include family care homes or foster homes and any other residential facility for which the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority under state law, but shall not include residential treatment centers or other facilities, the principal purpose of which is to provide emergency shelter or to provide diagnostic or treatment services for persons currently suffering illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401.

Guest house means living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, and not rented or otherwise used as a separate dwelling unless permitted by the terms of this chapter.

Guest room means a room that is intended, arranged or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation therefore, but to which no provision is made for cooking or meals. Dormitories are excluded from this definition.

Hazardous material means any chemical substance or material in a quantity or form that may be harmful to humans, animals, crops, water systems, or other elements of the environment if accidentally released. Hazardous materials include: explosives, gasses (compressed, liquefied, or dissolved), flammable and combustible liquids, flammable solids or substances, oxidizing substances, poisonous and infectious substances, radioactive materials, and corrosives.

Health/fitness club means a building or development containing body building equipment and machines and/or other recreational facilities such as saunas, whirlpools, swimming pools, racquetball, handball, and tennis courts. Utilization of such facilities usually requires membership in the club.

Health official means the official designated to enforce the requirements of the state department of health.

Height means the vertical distance measured from the average of the lowest and highest elevations of the finished grades immediately adjacent to a building to the highest point of a flat roof, mansard roof, or parapet, or to the midpoint of a gable, hip, or shed roof, or to the highest point of any structure having no roof.

Historic structure means any structure that is:

(1)

Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminary determination by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

(3)

Individually listed on the Virginia Landmarks Register; or

(4)

Individually listed on a local inventory of historic places in conjunction with a historic preservation program that has been certified either by an approved state program as determined by the Secretary of the Interior, or directly by the Secretary of the Interior.

Home for adults means any facility other than a nursing home, providing part-time or full-time care to three or more aged, infirmed or disabled adults. Persons related by blood or marriage to the operator of the facility shall not be counted.

Home occupation means an occupation, profession, enterprise or similar activity conducted within a dwelling unit which is the residence of the practitioner, or conducted within an accessory building located on the same lot and clearly incidental to such dwelling unit. In order to qualify as a home occupation, an activity described herein must be clearly secondary to the principal dwelling use of the premises and must meet all of the following criteria, which are intended to distinguish such activity from other business uses:

(1)

Not more than 25 percent of the floor area of the main building shall be devoted to such activity, and in no case more that a total 400 square feet on any premises;

(2)

No one other than a member of the family residing on the premises shall be employed on the premises in the conduct of the activity;

(3)

There shall be no signs, other than one nonilluminated sign not exceeding two square feet in area attached to the building, and no displays or alterations to the exterior of the building that would distinguish it as being devoted to any nondwelling use;

(4)

There shall be no group instruction or assembly, no housing of persons for compensation, no repair of vehicles and no product offered for sale or stored other than that which is incidental to a service rendered directly by a person on the premises; and;

(5)

No mechanical equipment or machinery shall be used in the conduct of the activity that produces noise, smoke, odor, vibration or other effect discernable beyond the property lines.

Hospital means a facility in which the primary function is the provision of diagnostic, treatment, medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, and which provides inpatient beds, but not including a facility exclusively or primarily for the care and treatment of psychiatric patients or persons suffering from substance abuse.

Hotel means a building or group of buildings on the same lot containing lodging units for transient guests principally on a daily basis, for which housekeeping services are provided, and in which each unit has a separate entrance through a common lobby. The term "hotel" is intended to apply to inns, lodges and similar facilities, except when such conform to the definition of motel or tourist home as set forth in this article.

Itinerant vendor means any person who engages in, does, or transacts any temporary or transient business in the city and who, for the purpose of carrying on such business, occupies any location for a period of less than 45 days.

Junkyard means an outdoor area used for the depositing, keeping, storing, buying or selling of discarded materials no longer usable in their present form, including but not necessarily limited to: scrap metals, building materials, machinery, household appliances, plumbing supplies, furnishings, fixtures, or motor vehicles or parts thereof. The term "junkyard" shall include an automobile graveyard as defined in this article, but shall not include garbage dumps, landfills as defined under the solid waste management regulations promulgated by the Virginia Waste Management Board, or similar uses.

Kennel means any lot, structure or enclosure used for the keeping, boarding, raising or breeding of dogs, cats or similar domestic household animals for commercial or noncommercial purposes, and involving four or more such animals of the same species over the age of six months. A noncommercial facility housing a few number of such animals as household pets on the same lot as a dwelling use shall not be construed to be a kennel, but shall be considered an accessory use or structure.

Landscaping means the planting and maintenance of trees, shrubs, lawns and other ground cover or materials, provided that terraces, fountains, retaining walls, street furniture, sculptures or other art objects and similar accessory features may be included as landscaping if integrally designed..

Landfill means a sanitary landfill or an industrial waste landfill or a construction, demolition or debris landfill, and defined under the solid waste management regulations promulgated by the Virginia Waste Management Board, and which in no event shall accept or be used for the disposal of any hazardous or infectious wastes, materials or substances as defined under said regulations.

Live entertainment. means entertainment provided in person including, but not limited to, musical performances, music played by disc jockeys, public speaking, dramatic performances, dancing, modeling, or comedy performances.

Lodging unit means a room or group of rooms within a building, constituting living quarters for one or more persons, and not containing cooking facilities. A room or group of rooms within a hotel, motel, or tourist home constituting living quarters for transient guests shall be considered a lodging unit even though it may contain partial or complete kitchen facilities.

Lot means a parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivisions or as otherwise permitted by law.

Lot, corner means a lot abutting upon two or more streets at their intersection, or a lot bounded entirely by streets.

Lot line means any boundary of a lot, including a boundary which constitutes a street right-of-way line.

Lot of record means a lot which is part of a subdivision recorded in the office of the clerk of the circuit court, or a lot or parcel which is described by metes and bounds and is similarly recorded.

Lot, through means a lot other than a corner lot having frontage along more than one street.

Lot width means the horizontal distance between the side lines of a lot measured between the points where the minimum required setback line intersects the side lines of the lot. On a corner lot or through lot on which more than one front yard is required, the lot width shall be measured adjacent to the frontage with the least dimension.

Main building means a building in which is conducted the principal or main use of the property on which the building is located.

Manufactured home means any structure complying with the federal Manufactured Housing Construction and Safety Standards, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on a site; is built on a permanent chassis; is designed to be used for dwelling purposes by one family, with or without a permanent foundation, when connected to the required utilities; and which includes plumbing, heating, air-conditioning, and electrical systems to be utilized in the structure (Code of Virginia, § 36-85.11, as amended). Such structure as defined herein (including any structure originally built as a mobile/manufactured home as defined herein, regardless of whether plumbing or electrical facilities have been removed) may be used only as a sing family residence, and may not be used as a storage building, accessory structure or for any other purpose except a mobile/manufacture office building.

Manufactured home park means a lot or parcel on which are located, or which is arranged or equipped for the accommodation of, ten or more manufactured homes for dwelling use with spaces for such available for rent or lease for periods of not less than six months, and including such open spaces and other facilities as may be provided for the use of or service to residents of manufactured homes located on such lot or parcel.

Manufactured home space means an area within a manufactured home park devoted to the site of an individual manufactured home and set aside for the private use of residents of such manufactured home, shown on a plat or site plan of the manufactured home park, and which includes such yard, open spaces and other contiguous areas necessary to support such individual manufactured home, as distinguished from common areas, peripheral buffers, roadways and other facilities of the manufactured home park.

Manufactured home subdivision means a subdivision as defined and regulated by Chapter 18 of the City Code (the "subdivision ordinance") and which is devoted exclusively to lots for accommodation of manufactured homes and such other uses as permitted by the provisions of the R-MH District set forth in Article II of this chapter.

Mini-warehouse means a building designed to provide rental storage space in cubicles where each cubical has a maximum floor area of 400 square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.

Motel means a building or group of buildings on the same lot containing lodging units for transient guests principally on a daily basis, for which housekeeping services are provided, and in which each lodging unit has a separate entrance from the outside as opposed to through a common lobby. The term "motel" is intended to apply to motor inns, motor lodges, motor courts, tourist courts and similar facilities, except when such conform to the definition of hotel or tourist home set forth in this article.

Multi-establishment building means a structure containing more than one establishment.

New construction means for the purposes of determining flood insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, including any subsequent improvements to such structures. For floodplain management purposes, "new construction," means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city, and includes any subsequent improvements to such structures.

Nonconforming building means a building having one or more nonconforming features.

Nonconforming feature means a feature of a use, as distinguished from the use itself, or a feature of a building, which feature was lawfully existing at the effective date of this chapter or subsequent amendment thereto, and does not conform with the requirements established by this chapter or any amendment thereto. Features of uses or buildings shall be construed to include density, lot area, lot dimensions, yards, open spaces, height, bulk, number of occupants, screening, landscaping, lighting and off-street parking requirements. A building having any such nonconforming feature may be referred to as a nonconforming building.

Nonconforming lot means a lot, the area, dimensions or location of which were lawful at the time the lot was created, but which fail to conform to the current standards and regulations due to the adoption, revision or amendment of this chapter.

Nonconforming sign means a sign which was lawfully existing at the effective date of this chapter or subsequent amendment thereto, which sign does not conform with the area, height, location, placement, type, number, or other regulation pertaining to signs established by this chapter or any amendment thereto.

Nonconforming use means a principal or accessory use of land or of a building, which use was lawfully existing at the effective date of this chapter or subsequent amendment thereto and is not a permitted use under the provisions of this chapter or any amendment there.

Nursing home means any facility or any identifiable component of any facility in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more nonrelated individuals. A nursing home shall include facilities known by varying nomenclature or designation such as convalescent homes, skilled care facilities, intermediate care facilities, extended care facilities and infirmaries, except for such exclusions as may be provided under applicable state law.

Off-street parking space means an area for the parking of one motor vehicle located other than within a public street or public alley right-of-way and having such dimensions as set forth in Article IV of this chapter, and having a permanent means of access to a public street or a public alley without requiring passage through another parking space.

Parking area means a parcel of land or a portion thereof used for the parking of motor vehicles, and including off-street parking spaces as defined herein as well as the access aisles and maneuvering space directly serving such off-street parking spaces.

Planned unit development (PUD) means a form of development characterized by a large tract of land that is developed under a comprehensive site plan. A PUD usually includes a variety of housing types and densities, common open space, and a mix of building types and land uses. PUD permits the planning of a project and the calculation of densities for the entire development, rather than on an individual lot-by-lot basis.

Planning commission means the planning commission of the City of Radford.

Principal use means the main or primary use of a lot or a building.

Public sewer or water system means a sewer or water system owned and operated by the City of Radford or by such other authority as may be authorized by the laws of the Commonwealth of Virginia, when such facility is approved by the city council.

Public services or storage buildings means governmental facilities necessary for public health, safety, and welfare.

Public utilities means public service structures such as power plants or substations; water lines, treatment plants, or pumping stations, sewage disposal systems and treatment plants; or such similar operations publicly or privately owned furnishing electricity, gas, rail transport, communications, or related services to the general public.

Recreational vehicle means a vehicle built on a single chassis intended to be towed or self-propelled or attached to the chassis of another vehicle, and designed or used for recreational, travel or sporting purposes or for temporary living quarters in conjunction with such purposes. The term "recreational vehicle" shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor homes, converted trucks and buses, boats and other related uses.

Recreational vehicle park means a lot or parcel on which are located, or which is arranged or equipped for the accommodation of two or more recreational vehicles of the general public as temporary living quarters for recreation, travel or vacation purposes, with spaces for such available for rent on a transient basis only, and including such facilities as may be provided for the use of or service to occupants of recreational vehicles located on such lot or parcel.

Restaurant means any building or associated outdoor area in which, for compensation, food or beverages are dispensed for consumption on the premises or for take-out purposes, including cafes, tearooms, confectionery shops, refreshment stands and similar establishments.

Retail stores and shops means buildings wherein the principal activity is the sale of merchandise at retail to the general public, and where such merchandise is typically sold in small quantities and broken lots, and not in bulk. For purposes of illustration, the term "retail stores and shops" shall include the following: drug stores; newsstands; food stores and supermarkets; candy shops; dry goods, notions and clothing stores; boutiques and gift shops; hardware, home furnishings and household appliance and electronic stores; antique shops; furniture stores; florist shops; opticians; shoe stores; jewelry stores; auto accessory stores; tailor shop, beauty and barber shops, and music and radio stores. Establishments for the sale in bulk of coal, wood, fuel, building materials and lumber, and establishments for the sale of vehicles, farm implements, boats, trailers, machinery and similar items shall not be considered retail stores and shops.

Right-of-way means the land upon which a street, road, highway, transportation route or public utility is located and land adjacent to the pavement or developed thoroughfare which exceeds the width so that the thoroughfare may be widened, drainage provided, or utilities installed in the future.

Right-of-way line means the dividing line between a lot, tract, or parcel of land and a contiguous street, railroad, or public utility right-of-way.

Setback means the minimum distance from which any building structure must be separated from the front lot line.

Setback line means a line generally parallel with and measured from the front lot line, defining the limits of a yard in which no building or structure may be located.

Shopping center means a group of three or more commercial establishments on a site of one acre or more planned, developed, owned and managed as a unit and related in its location, size and types of establishments to the trade area which such unit is intended to serve, and which is provided with off-street parking on the premises.

Sign means any structure or device or part represented on a building or structure, or included any letter, work, banner, decoration, device or representation used as, or which is in the nature of, any announcement, direction, advertisement directing service, excluding soft drink, snack and ice machines. A "sign" designed to be seen from two opposite directions shall be considered as one sign, provided that the two sign faces shall not be more than 42 inches apart, if parallel, or form an angle of more than 60 degree in angular sequence. Provided that the following shall not be considered signs for the purposes of this chapter:

(1)

The flag, emblem or insignia of a nation or other governmental unit, or a decorative flag or banner, except when displayed in connection with a commercial promotion or as part of a presentation otherwise considered a sign;

(2)

Legal notices, identification, informational or directional presentations erected or required to be erected by a governmental body;

(3)

Presentations not exceeding one square foot in area identifying property numbers, addresses or occupants of premises.

Sign, advertising means a sign, including a billboard, which directs attention to a business, commodity, activity, service or product not conducted, sold or offered upon the premises where it is located.

Sign, billboard means an off-premises sign which directs attention to the approximate location or advertisement of a business.

Sign, bulletin board means any sign erected by a charitable, educational or religious institution or a public body, which is erected upon the same property as said institution for the purpose of announcing events which are held on the premises.

Sign, business means a sign which directs attention to a business, profession, commodity, service, activity or entertainment sold or offered upon the premises where such sign is located or to which it is attached. Such a sign may contain a commercial or noncommercial message.

Sign, directional means a sign directing traffic on private property but bearing no advertising matter.

Sign, freestanding means a sign erected which is wholly independent of any building for support. All such signs must be permanently affixed to or constructed upon the lot where they are located.

Sign, Greek organization is any sign, flag, banner or other object used to identify a Greek organization (fraternity, sorority, or club).

Sign, home occupation means a sign permitted in association within an occupation conducted on the premises within a dwelling unit occupied by the operator of the business.

Sign, identification means a permanent on-premises sign announcing the name of a subdivision, group housing project, church, school, park, shopping center, industrial park, public area or similar type use.

Sign, location means an off-premise sign which directs attention to the approximate location of a church, school or other nonprofit institution. "Location signs" may be freestanding and may be located within the public right-of-way, provided that written permission is obtained from the administrator. Only one "location" sign per establishment is permitted.

Sign, nonconforming means a sign existing before the effective date of the amendment of this chapter, which could not be built under the terms of this chapter.

Sign, political means a political sign shall be permitted up to a total sign area of eight square feet for each premises in a residential district and 32 square feet in a commercial or industrial district (except the Central Business District). These signs shall be confined within private property and shall not encroach into the public right-of-way. These signs may be displayed 60 days prior to and seven days after the election for which intended. In cases where a final election follows a primary election, those candidates who won in the primary election may continue to display their signs during the interim period and up to seven days after the final election.

Sign, portable means a sign mounted on wheels or runners that is not designed for permanent use and can be moved easily by the release of nails, bolts, clamps, etc.

Sign, projected means a sign which is attached perpendicular to a building wall, roof, facade, canopy, marquee or porch by means of brackets, hooks or chains and the like, and which may extend out or down no more than 18 inches.

Sign, public service means a sign advertising only the name, time and place of any bona fide fair, carnival, festival, bazaar, horse show or similar event, when conducted by or for the benefit of any civic, religious, educational or charitable cause, provided that the sign shall be displayed no longer than 14 days per calendar year.

Sign, real estate means a sign displayed for the purpose of offering for sale, lease or rent the property on which any such sign is displayed.

Sign, roof means any sign which is erected, constructed, placed or maintained on or above the roof of any building.

Sign, street graphics means a form of art, such as but not limited to murals and sculptures, that shall not constitute any type of outdoor advertising of a commercial message.

Sign, temporary means an attached on-premises sign applying to a seasonal or brief activity, such as but not limited to summer camps, horse shows, sales, promotions and auctions.

Special use means a use permitted in a particular district only upon approval of a special use permit by the city council in accordance with the provisions of Article IX of this chapter.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means human genitals in a state of sexual stimulation or arousal; sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast, including masturbation.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparations, such as clearing, grading, and filling, nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure as determined by the building official. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

Street means the right-of-way within which lies a public or private thoroughfare which affords or is intended for the purpose of affording the principal means of vehicular access to abutting property.

Street line means the right-of-way line of a street.

Structural alteration means any change in the supporting members of a structure, including foundations, bearing walls, bearing partitions, columns, beams or girders, or any change in the supporting members of the roof of a structure or in the means of egress of a structure.

Structure means any assembly of materials forming a construction for use, including stadiums, gospel and circus tents, reviewing stands, platforms, stages, observation towers, radio towers, water tanks, trestles, piers, wharfs, swimming pools, amusement devices, storage bins and other structures of this general nature.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 80 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 80 percent of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state of local health, sanitary, or safety code specifications which have been identified by the city's code enforcement official and which are the minimum necessary to ensure safe living conditions; or

(2)

Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Temporary fencing means fencing designated for particular uses for limited time. Construction fencing is allowed during the construction on a lot but not to be considered permanent fencing. This type of fencing must be removed within two months of construction completion. Fencing for protection against blowing snow (snow fencing) is allowed from November 1 until March 31 of the immediately following year (no more than four and one-half months) but is not considered permanent.

Tourist home means a building containing not more than ten lodging units, with or without board, and where such lodging units are available for occupancy by transient guest on a daily basis, and in which access to each lodging unit is provided from within the building. A tourist home may include a dwelling unit which constitutes the residence of the owner or manager of the facility.

University related housing means housing facilities, including dormitories and similar facilities which meet the criteria specified in the UD University District set forth in Article II of this chapter, and which are occupied by fraternities, sororities, or other organizations or by any other group of students whether organized or not organized, when such organizations or group of students occupying such housing facilities are affiliated with and/or sanctioned and recognized by the administration of Radford University.

Usable open space means the area of a lot, or the area within a lot, which is not covered by buildings and is not devoted to parking areas, driveways or other vehicular maneuvering area. Usable open space may include yard areas, as well as other outdoor space available for active or passive use by occupants of the premises, provided that for any area to qualify as usable open space under the requirements of this chapter, the dimensions of such are shall not be less than 15 feet in length and width and shall not have a grade higher than 15 percent.

Variance means a departure from the strict application of the provisions of this chapter when authorized by the board of zoning appeals pursuant to and in accordance with the provisions of Code of Virginia, § 15.2-2201, as amended, and the applicable provisions of Article X of this chapter. It shall not include a change in use, which change shall be accomplished by a rezoning or a conditional rezoning.

Vegetative buffer means perennial vegetation established or left undisturbed; such as vegetation adjacent to the shoreline of a watercourse intended to filter out sediment and other nonpoint source pollutants from runoff before it reaches a watercourse, or serving as a buffer between uses or properties.

Vegetative screen means densely planted vegetation that is intended to substantially, but not necessarily totally obscure visual impacts between adjoining uses. Vegetative screens must be installed at ten foot intervals in a double row with alternating centers. Vegetation must be six feet tall at time of installation.

Virginia landmarks register means the official list, maintained by the department of historic resources, of historic resources considered by the board of historic resources to be worthy of historic preservation.

Wayside stand means an establishment for the seasonal retail sale of agricultural goods and merchandise primarily produced by the operator on the site, or on a nearby property. Agricultural goods produced on other properties owned or leased by the operator may also be allowed provided a majority of the produce comes from land surrounding the wayside stand. This use type shall include agricultural products picked by the consumer.

Wetlands means all lands that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to section 404 of the Federal Clean Water Act, in 33 CFR 328.3b, dated November 13, 1986.

Woodlands means tree stands, lines of trees, and lands in active forestry use.

Yard means an open space on a lot, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the ground level upward, except as otherwise provided in Article III of this chapter.

Yard, rear means yard adjacent and parallel to the rear lot line of a lot and extending between the minimum required side yards on the lot.

Yard, side means a yard adjacent and parallel to the side lot line of a lot and extending from the minimum required front yard to the rear lot line. On irregular shaped lots, any yard adjacent to a lot line to which the yard definitions of this article do not clearly apply shall be considered a side yard.

Yard, street side means a side yard adjacent to a street.

Zoning administrator means the officer appointed by the city manager to administer and enforce the provisions of this chapter.

(Ord. No. 1553, 5-14-07; Ord. No. 1686, 10-24-16)

In order to carry out the purposes of this chapter and to further the objectives of the comprehensive plan of the city, the following zoning districts are hereby established:

(Ord. No. 1553, 5-14-07)

The locations and the boundaries of the zoning districts established by this chapter, other than the floodplain districts, shall be shown on a map designated as "Zoning District Map of the City of Radford, Virginia" which, together with all notations and explanatory matter shown thereon, is hereby made a part of this chapter. The locations and the boundaries of the floodplain districts established by this chapter shall be shown as set forth in Division 15 of Article II of this chapter.

(Ord. No. 1553, 5-14-07)

The zoning district map shall be dated, endorsed with the signature of the city clerk and maintained for public view in the office of the zoning administrator. The zoning district map shall not be removed from the office of the zoning administrator except by court order or for such official purposes as may be deemed necessary by the zoning administrator or the city clerk. Up to date copies of the zoning district map endorsed by the city clerk shall be maintained in the offices of the city clerk and the clerk of the circuit court, which copies shall be known as official copies.

(Ord. No. 1553, 5-14-07)

It shall be unlawful for any person to make changes on the zoning district map except by authorization of the zoning administrator in accordance with the provisions of this article.

(Ord. No. 1553, 5-14-07)

The zoning administrator shall cause copies of the zoning district map to be made in such numbers, in such form and for such purposes as deemed appropriate by the city council. In the case of any discrepancy between the official zoning district map endorsed by the city clerk and any copies thereof, the official zoning district map shall be the final authority as to the current zoning classification of property.

(Ord. No. 1553, 5-14-07)

Whenever uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning district map, the following rules shall apply.

(1)

Where a discrepancy exists between a district boundary shown on the zoning district map and that which is described in the text of the ordinance establishing such boundary, the text of the ordinance shall govern.

(2)

Where district boundaries are shown with specific dimensions, such dimensions shall govern.

(3)

Where district boundaries appear to follow street, alley, property or corporations lines, or appear to follow the centerlines of streets, alleys, or water courses, such boundaries shall be construed as following such lines. The location of any street, alley, property line, corporation line, or water course used as a district boundary shall be the location in existence at the time of adoption of the ordinance establishing the boundary.

(4)

Where district boundaries appear parallel to, perpendicular to, or as extensions of centerlines, property lines or other features, they shall be construed.

(5)

Where district boundaries are not described in any ordinance and do not appear to follow centerlines, street lines, property lines or features, the location of such district bounds shall be determined by measurement on the zoning district map in accordance with the scale shown thereon.

(6)

In any case where none of the foregoing rules establish the location of a district boundary, or where subsequent dispute or uncertainty exists, location of such district boundary shall be determined by the board of zoning appeals accordance with the provisions of Article X of this chapter.

(Ord. No. 1553, 5-14-07)

Whenever an amendment is made to the zoning district map by ordinance adopted by the city council, the city clerk shall notify the zoning administrator who shall see that the amendment is properly recorded on the official zoning map and all official copies thereof, together with such notation or reference as is necessary to identify the action by which amendment was made and the date thereof. Each amendment shall be recorded as soon as practicable after the effective date of the amendment. The failure to record any amendment on the official zoning district map or official copies thereof, or any error in recording or depicting an amendment thereon, shall not affect the validity of the ordinance providing for the amendment.

(Ord. No. 1553, 5-14-07)

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning districts adjoining each side of such street, alley or other public way shall automatically be extended to the center of vacation, and the area included in the vacation shall be subject to all applicable regulations of the extended districts. For the purposes of this Zoning Ordinance, when two different zoning districts meet, they shall meet in the centerline of the street/right-of-way, where applicable.

(Ord. No. 1553, 5-14-07)

Areas unclassified by the zoning district map and areas newly added to the jurisdiction of the city by annexation or other means shall be construed as being temporarily with the CD Conservation District until otherwise designated by action of the city council in accordance with the provisions of Article XI of this chapter.

(Ord. No. 1553, 5-14-07)

(1)

Compliance required. Subject to the provisions of section 120.1-17 of this article, no building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, expanded, converted to another use or structurally altered except in conformity with all of the regulations specified for the district in which such building, structure or land is located and with all other applicable provisions of this chapter.

(2)

Reduction from requirements not permitted. No lot area, yard, open space, parking space, or other feature required by the provisions of this chapter shall be reduced or eliminated except in conformity with the regulations established herein. Any such reduction resulting from a taking for public purpose by a governmental authority shall not be considered to be a violation of the provisions of this chapter. Any property so affected by such taking shall be subject to the applicable provisions of Article VI of this chapter pertaining to nonconforming uses and features.

(3)

Requirements to be met for each building or use. No part of any lot, yard, open space, parking space, or other feature required for a building or use shall be considered as lot, yard, open space, parking space, or other feature for any other building or use, except as may be specifically permitted by the provisions of this chapter.

(Ord. No. 1553, 5-14-07)

(1)

Existing uses and buildings. Uses and buildings lawfully existing at the effective date of this chapter or subsequent amendment thereto may be continued subject to the provisions of Article VI of this chapter pertaining to nonconforming uses and features.

(2)

Permits issued prior to chapter. Nothing contained in this chapter shall be construed to require any change in the plans, construction or intended use of any building or structure for which a permit was lawfully issued by the city prior to the effective date of this chapter or subsequent amendment thereto, provided that such construction is commenced prior to the expiration of such permit as specified by the provisions of this chapter or other applicable laws. In any case where a permit expires or ceases to be valid, or where construction is abandoned for a period of 12 months or greater, further construction and use shall conform to the applicable provisions of this chapter.

(3)

Lots recorded prior to chapter. Any lot of record which was lawfully established prior to the effective date of this chapter or subsequent amendment thereto and which does not conform with the requirements for minimum lot area or lot width applicable in the district in which such lot is situated, may be devoted to single-family dwelling use if such use is normally permitted in the district, provided that all other applicable provisions of this chapter and applicable provisions of other laws are met.

(Ord. No. 1553, 5-14-07)

Unless a specific penalty is otherwise provided any violations of the provisions of this chapter, other than violations specified in section 120.1-19 of this article, shall constitute a misdemeanor of the first class and shall be punishable as provided in Code of Virginia, § 18-2.11, as amended. Each day such violation continues shall constitute a separate offense.

(Ord. No. 1553, 5-14-07)

Pursuant to the provisions of Code of Virginia, § 15.2-2209, as amended, and in accordance with the procedures specified therein, any violation of the provisions of this chapter listed below shall be subject to a civil penalty of $100.00 for any one violation. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000.00. Such civil penalties shall be in lieu of criminal sanctions, and except for any violation resulting in injury to any person or persons, shall preclude prosecution as a criminal misdemeanor. Violation of any of the following provisions of this chapter shall be subject to such civil penalties:

(1)

Section 120.1-163: Height limitations for fences and walls in required yards;

(2)

Section 120.1-168: Visibility at intersections;

(3)

Sections 120.1-176 and 120.1-177: Satellite dishes in required yards and outdoor lighting;

(4)

Section 120.1-205: Home occupation restrictions;

(5)

Sections 120.1-219 through 120.1-221: Parking in yards adjacent to streets, screening and landscaping adjacent to parking areas and lighting in parking areas;

(6)

Any of the sign requirements contained in Article V;

(7)

Sections 120.1-251 and 120.1-254: Requirements for zoning permits;

(8)

Section 120.1-273: Compliance with approved final site plan;

(9)

Section 120.1-288: Compliance with approved plans or conditions of a special use permit; and

(10)

Any of the screening requirements of this chapter.

(Ord. No. 1553, 5-14-07)

It is the intent of city council that should any section, subsection, paragraph, phrase, definition or provision of this chapter or any portion of the zoning district map established by this chapter be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.

(Ord. No. 1553, 5-14-07)