Pursuant to the general purposes of this chapter, the intent of the CD Conservation District is to protect natural resources and environmentally sensitive areas of the city, particularly along the length of the New River and its tributaries. Permitted uses are limited to single-family dwellings on large lots, together with support uses which typically require large site areas and are subject to review and approval to ensure compatibility with structural uses and the natural environment. The district also provides for open space and production uses that enhance the physical resources of the city and provide recreational opportunities for residents.

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

The following uses and structure shall be permitted in the CD Conservation District:

(1)

Single-family dwellings, including manufactured houses that are 14 or more feet in width, on a permanent foundation that adhere to the architectural style of the surrounding neighborhood;

(2)

Agricultural uses, including horticulture, general farming, truck gardens, cultivation of field crops, orchards, groves and nurseries for growing trees and other plants and the keeping and raising of livestock, provided that no pen, building or structure for the keeping of livestock shall be located within 100 feet of a side or rear lot line;

(3)

Forestry and tree farming;

(4)

Conservation areas and wildlife preserves;

(5)

Rights-of-way, easements and facilities necessary for the provision and maintenance of public utilities and transportation, including wastewater treatment plants, water treatment plants or electric generating plants;

(6)

Parks, playgrounds and other recreation facilities, libraries, museums and community centers; when such uses are owned or operated by a governmental agency, provided that a site plan approved by the planning commission shall be required.

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

The following uses and structures shall be allowed in the CD Conservation District with an approved special use permit, as set forth in article IX of this chapter:

(1)

Parks, playgrounds, recreation vehicle park and other recreation facilities;

(2)

Golf courses and country clubs, public or private, including accessory sale and serving of food and beverages and sale of golfing supplies and equipment;

(3)

Cemeteries;

(4)

Fire stations and rescue squad facilities;

(5)

Itinerant vendor;

(6)

Living quarters, in the main building, of owner-occupied single-family dwellings, when such living quarters are occupied by persons employed on the premises.

(Ord. No. 1553, 5-14-07; Ord. No. 1699, 2-26-18)

Where a lot is devoted to a permitted principal use, the customary accessory uses and structures are authorized. The following uses are included:

(1)

Home occupations as defined in Article I of this chapter;

(2)

Signs as permitted by the provisions of Article V of this chapter;

(3)

Recreational vehicles stored within the required side or rear yard, occupancy is prohibited;

(4)

Temporary buildings for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work or 12 months, whichever occurs first;

(5)

Parking;

(6)

Satellite dish antenna not exceeding 20 inches in diameter;

(7)

Swimming pool associated with a private residence in the rear or side yard;

(8)

Garden;

(9)

Customary accessory uses and structures.

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

The following lot area and lot width requirements shall be applicable in the CD Conservation District.

(1)

Single-family dwellings. Single-family dwellings shall be located on lots of not less than two acres in area and not less than 200 feet in width.

(2)

Other uses. There shall be no minimum required lot area or lot width for uses other than single-family dwellings, provided that sufficient lot area and width shall be available to enable compliance with all other applicable requirements of this chapter, including requirements of the health official for the provision of on-site sewerage disposal or water supply systems, and such requirements as may be imposed in conjunction with a special use permit or final site plan.

(3)

Height regulations. No building or structure shall exceed a height of 35 feet. (See Article III for supplementary height regulations.)

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

The following yards (setbacks) shall be required in the CD Conservation District. (See Article III for supplementary regulations pertaining to yards in general, yards for accessory buildings and yard on corner lots.)

(1)

Front yard. Not less than 35 feet.

(2)

Side yards. Not less than 20 feet on each side.

(3)

Rear yard. Not less than 50 feet.

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

Pursuant to the general purposes of this chapter, the intent of the R-1 Single-Family Residential District is to provide appropriate areas for low density single-family residential development. The district is designed to preserve the character of existing residential areas, to encourage new residential development in accordance with modern subdivision standards, to protect single-family areas from encroachment by potentially incompatible commercial land uses and other higher density development, and to maintain an appropriate density of development. The R-1 District is also intended to accommodate specific nonresidential uses which are necessary to provide for the recreational, educational, cultural and public service needs of a residential community.

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

The following uses and structures shall be permitted in the R-1 Single-Family Residential District:

(1)

Single-family dwellings;

(2)

Family day care home, serving one through five children, exclusive of the provider's children and any children who reside in the home as residential occupancy by a single family;

(3)

Group home, serving eight or fewer residents who may be mentally ill, retarded, or developmentally disabled, with one or more resident counselors or other staff persons;

(4)

Rights-of-way, easements and facilities necessary for the provision and maintenance of public utilities and transportation, but not including wastewater treatment plants, water treatment plants or electric generating plant.

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

The following uses and structure shall be allowed in the R-1 Residential District with an approved special use permit, as set forth in article IX of this chapter:

(1)

Public schools and private schools having substantially the same academic curriculum as public schools, provided that a site plan approved by the planning commission shall be required as set forth in article VIII of this chapter;

(2)

Parks, playgrounds and other recreation facilities, libraries, museums and community centers; when such uses are owned or operated by a governmental agency or non-profit organization, provided that a site plan approved by the planning commission shall be required as set forth in article VIII of this chapter for such uses;

(3)

Churches and other places of worship;

(4)

Neighborhood recycling drop site, owned and operated by a governmental agency;

(5)

Living quarters, in the main building, of owner-occupied single-family dwellings, when such living quarters are occupied by persons employed on the premises;

(6)

Bed and breakfast establishments.

(Ord. No. 1553, 5-14-07; Ord. No. 1626, 1-25-11; Ord. No. 1690, 3-27-17)

Where a lot is devoted to a permitted principal use, the customary accessory uses and structures are authorized. The following uses are included:

(1)

Home occupations as defined in Article I of this chapter;

(2)

Recreational vehicles stored within the required side or rear yard, occupancy is prohibited;

(3)

Temporary buildings for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work or 12 months, whichever occurs first;

(4)

Signs as permitted by the provisions of Article V of this chapter;

(5)

Satellite dish antenna not exceeding 20 inches in diameter;

(6)

Swimming pool associated with a private residence in the rear or side yard;

(7)

Garden;

(8)

Accessory building.

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

The following lot area and lot width requirements shall be applicable in the R-1 Single-Family Residential District:

(1)

Single-family dwellings. Single-family dwellings shall be located on lots of not less than 10,000 square feet in area and not less than 75 feet in width.

(2)

Other uses. There shall be no minimum required lot area or lot width for uses other than single-family dwellings, provided that sufficient lot area and width shall be available to enable compliance with all other applicable requirements of this chapter, including such requirements as may be imposed in conjunction with an approved site plan.

(3)

Height regulations. No building or structure shall exceed a height of 35 feet. (See Article III for supplementary height regulations.)

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

The following yard (setback) and lot coverage requirements shall be applicable in the R-1 Single-Family Residential District. (See Article III for supplementary regulations pertaining to yards in general, yards for accessory buildings and yards on corner lots.)

(1)

Front yard. Not less than 30 feet.

(2)

Side yards:

a.

Single-family dwellings: Ten percent of lot frontage, with a maximum of 15 feet on each side.

b.

Other uses: Not less than 30 feet.

(3)

Rear yard:

a.

Single-family dwellings: Not less than 25 feet.

b.

Other uses: Not less than 50 feet.

(4)

Lot coverage. Not more than 30 percent of the area of a lot shall be covered by the main building and accessory buildings.

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

Pursuant to the general purposes of this chapter, the intent of the R-2 Single-Family Residential District is to provide appropriate areas for low density single-family residential development. The district differs from the R-1 District principally in its lot size and yard requirements. It is designed to preserve the character of existing residential areas, to encourage new residential development in accordance with modern subdivision standards, to protect single-family areas from encroachment by potentially incompatible commercial land uses or higher density development, and to maintain a low density of development. The R-2 District is also intended to accommodate specific nonresidential uses which are necessary to provide for the recreational, educational, cultural and public service needs of a residential community.

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

The following uses and structures shall be permitted in the R-2 Single-Family Residential District:

(1)

Single-family dwellings;

(2)

Family day care home, serving one through five children, exclusive of the provider's own children and any children who reside in the home as residential occupancy by a single family;

(3)

Group home, serving eight or fewer residents who may be mentally ill, retarded, or developmentally disabled, with one or more resident counselors or other staff persons;

(4)

Rights-of-way, easements and facilities necessary for the provision and maintenance of public utilities and transportation, but not including wastewater treatment plants, water treatment plants or electric generating plant.

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

The following uses and structure shall be allowed in the R-2 Residential District with an approved special use permit, as set forth in article IX of this chapter:

(1)

Public schools and private schools having substantially the same academic curriculum as public schools, provided that a site plan approved by the planning commission shall be required as set forth in article VIII of this chapter;

(2)

Parks, playgrounds and other recreation facilities, libraries, museums and community centers; when such uses are owned or operated by a governmental agency or nonprofit organization, provided that a site plan approved by the planning commission shall be required as set forth in article VIII of this chapter;

(3)

Neighborhood recycling drop center, publicly owned and operated;

(4)

Churches and other places of worship;

(5)

Bed and breakfast establishments;

(6)

Living quarters, in the main building, of owner-occupied single-family dwellings, when such living quarters are occupied by persons employed on the premises.

(Ord. No. 1553, 5-14-07; Ord. No. 1690, 3-27-17)

Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized. The following uses are also applicable:

(1)

Home occupations as defined in Article I of this chapter;

(2)

Recreational vehicles stored within the required side or rear yard, occupancy is prohibited;

(3)

Temporary buildings for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work;

(4)

Signs as permitted by the provisions of Article V of this chapter;

(5)

Parking;

(6)

Satellite dish antenna, not exceeding 20 inches in diameter;

(7)

Swimming pool associated with a private residence in the side or rear yard;

(8)

Garden;

(9)

Customary accessory buildings.

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

The following lot area and lot width requirements shall be applicable in the R-2 Single-Family Residential District:

(1)

Single-family dwellings. Single-family dwellings shall be located on lots of not less than 7,500 square feet in area and not less than 60 feet in width.

(2)

Other uses. There shall be no minimum required lot area or lot width for uses other than single-family dwellings, provided that sufficient lot area and width shall be available to enable compliance with all other applicable requirements of this chapter, including such requirements as may be imposed in conjunction with a site plan.

(3)

Height regulations. No building or structure shall exceed a height of 35 feet. (See Article III for supplementary height regulations.)

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

The following yard (setback) and lot coverage requirements shall be applicable in the R-2 Single-Family Residential District. (See Article III for supplementary regulations pertaining to yards in general, yards for accessory buildings and yards on corner lots.)

(1)

Front yard. Not less than 25 feet.

(2)

Side yards:

a.

Single-family dwellings: Ten percent of lot frontage, with a maximum of ten feet.

b.

Other uses: Not less than 20 feet.

(3)

Rear yard:

a.

Single-family dwellings: Not less than 25 feet.

b.

Other uses: Not less than 50 feet.

(4)

Lot coverage. Not more than 35 percent of the area of a lot shall be covered by the main building and accessory buildings.

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

Pursuant to the general purposes of this chapter, the intent of the R-3 Single-Family Residential District is to provide appropriate areas for moderate density single-family residential development together with certain other housing types within a suitable residential environment. The district is designed to preserve the character of existing residential areas, to encourage a range of housing opportunities in accordance with modern subdivision and development standards, to protect residential areas from encroachment by potentially incompatible commercial land uses and high density development, and to maintain a density of development that avoids undue burden on utilities and other public services. The R-3 District is also intended to accommodate specific nonresidential uses which are necessary to provide for the recreational, educational, cultural and public service needs of a residential community.

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

The following uses and structures shall be permitted in the R-3 Single-Family Residential District:

(1)

Single-family dwellings;

(2)

Family day care home, serving one through five children, exclusive of the provider's own children and any children who reside in the home as residential occupancy by a single family;

(3)

Group home, serving eight or fewer residents who may be mentally ill, retarded, or developmentally disabled, with one or more resident counselors or other staff persons;

(4)

Rights-of-way, easements and facilities necessary for the provision and maintenance of public utilities and transportation, but not including wastewater treatment plants, water treatment plants or electric generating plant.

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

The following uses and structure shall be allowed in the R-3 Residential District with an approved special use permit, as set forth in article IX of this chapter:

(1)

Public schools and private schools having substantially the same academic curriculum as public schools, provided that a site plan approved by the planning commission shall be required as set forth in article VIII of this chapter.

(2)

Parks, playgrounds and other recreation facilities, libraries, museums and community centers; when such uses are owned or operated by a governmental agency or nonprofit organization, provided that a site plan approved by the planning commission shall be required as set forth in article VIII of this chapter.

(3)

Neighborhood recycling drop center, publicly owned and operated;

(4)

Churches and other places of worship;

(5)

Duplexes;

(6)

Bed and breakfast establishments;

(7)

Living quarters, in the main building, of owner-occupied single-family dwellings, when such living quarters are occupied by persons employed on the premises.

(Ord. No. 1553, 5-14-07; Ord. No. 1690, 3-27-17)

Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized. The following uses are also applicable:

(1)

Home occupations as defined in Article I of this chapter;

(2)

Recreational vehicles stored within the required side or rear yard, occupancy is prohibited;

(3)

Temporary buildings for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work;

(4)

Signs as permitted by the provisions of Article V of this chapter;

(5)

Parking;

(6)

Satellite dish antenna not exceeding 20 inches in diameter;

(7)

Swimming pool associated with a private residence in side or rear yard;

(8)

Garden; and

(9)

Customary accessory structures.

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

The following lot area and lot width requirements shall be applicable in the R-3 Single-Family Residential District:

(1)

Single-family dwellings. Single-family dwellings shall be located on lots of not less than 6,000 square feet in area and not less than 50 feet in width;

(2)

Duplex units. Duplex units shall be located on lots of not less than 8,000 square feet in area and not less than 80 feet in width;

(3)

Other uses. There shall be no minimum required lot area or lot width provided that sufficient lot area and width shall be available to enable compliance with all other applicable requirements of this chapter and such requirements as may be imposed in conjunction with a special use permit;

(4)

Height regulations. No building or structure shall exceed a height of 35 feet. (See Article III for supplementary height regulations).

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

The following yard (setback) and lot coverage requirements shall be applicable in the R-3 Single-Family Residential District. (See Article III for supplementary regulations pertaining to yards in general, yards for accessory buildings and yards on corner lots.)

(1)

Front yard. Not less than 20 feet;

(2)

Side yards:

a.

Single-family dwellings: Ten percent of lot frontage, with a minimum of six feet;

b.

Duplex dwellings: Not less than 15 feet, with an approved special use permit;

c.

Other uses: Not less than 15 feet.

(3)

Rear yard:

a.

Single-family dwellings: Not less than 20 feet;

b.

Other uses: Not less than 30 feet.

(4)

Lot coverage. Not more than 40 percent of the area of a lot shall be covered by the main building and accessory buildings.

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

Pursuant to the general purposes of this chapter the R-4 Multifamily Residential District is intended to provide for medium to high density residential developments, a variety of housing types, and incidental service for convenience of residents of large developments. The district is designed to accommodate general purpose multifamily housing, attached dwellings and housing for the elderly, and to encourage owner-occupancy opportunities. The R-4 District is intended to be applied in developing areas of the city where utility and community services are suitable for medium density housing and where such will be compatible with the character of surrounding development.

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

The following uses and structures shall be permitted in the R-4 District:

(1)

Single-family dwellings;

(2)

Family day care home;

(3)

Duplex dwellings;

(4)

Group home;

(5)

Rights-of-way, easements and facilities necessary for the provision and maintenance of public utilities and transportation, but not including wastewater treatment plants, water treatment plants or electric generating plant;

(6)

Townhouses, in accordance with the townhouse guidance in this chapter;

(7)

Multifamily dwellings, provided that a site plan has been approved by the planning commission;

(8)

Churches and other places of worship.

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

The following uses and structure shall be allowed in the R-4 Residential District with an approved special use permit, as set forth in article IX of this chapter:

(1)

Public schools and private schools having substantially the same academic curriculum as public schools, provided that a site plan approved by the planning commission shall be required as set forth in article VIII of this chapter;

(2)

Parks, playgrounds and other recreation facilities, libraries, museums and community centers; when such uses are owned or operated by a governmental agency or nonprofit organization, provided that a site plan approved by the planning commission shall be required as set forth in article VIII of this chapter;

(3)

Neighborhood recycling drop center, publicly owned and operated;

(4)

Bed and breakfast establishments;

(5)

Living quarters, in the main building, of owner-occupied single-family dwellings, when such living quarters are occupied by persons employed on the premises;

(6)

Private club, lodge, civic organization, fraternity and/or sorority living quarters and related meeting areas, provided that a site plan has been approved by the planning commission;

(7)

Home for adults;

(8)

Nursing home;

(9)

Educational facilities;

(10)

Clinic;

(11)

Restaurant;

(12)

Parking facilities;

(13)

Incidental retail and services restricted to developments containing 60 dwelling units and intended primarily to serve residents of the development in which they are located. The intended uses shall be identified in the site plan and approved.

a.

The total area devoted to business uses shall not exceed 70 square feet of floor area per dwelling unit within the development, nor shall any one establishment exceed 1,000 square feet of floor area;

b.

All business use within a development shall be located within a single building devoted to multifamily use, and there shall be no show windows or other evidence of such business use from the exterior of the building, other than necessary means of ingress and egress and one nonilluminated sign not exceeding two square feel in area attached flat against the building;

c.

No pick up or delivery service shall be provided by such business, except to occupants of the development within which it is located.

(Ord. No. 1553, 5-14-07; Ord. No. 1690, 3-27-17)

Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized. The following uses are also applicable:

(1)

Home occupations as defined in Article I of this chapter;

(2)

Living quarters, in the main building, of owner-occupied single-family dwellings, when such living quarters are occupied by persons employed on the premises;

(3)

Recreational vehicles stored within the required side or rear yard, occupancy is prohibited;

(4)

Temporary buildings for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work;

(5)

Signs as permitted by the provisions of Article V of this chapter;

(6)

Parking;

(7)

Satellite dish antenna not exceeding 20 inches in diameter;

(8)

Swimming pool associated with a private residence in side or rear yard;

(9)

Garden; and

(10)

Customary accessory structures.

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

The following lot area and lot width requirements shall be applicable in the R-4 Multifamily Residential District.

(1)

Single-family dwellings. Single-family dwellings shall be located on lots not less than 6,000 square feet in area and not less than 50 feet in width;

(2)

Single-family attached dwellings. Individual lots shall be no less than 1,600 square feet in area, provided that the total number of dwelling units on a development site as defined in article I of this chapter shall not exceed ten per acre. Individual lots shall be no less than 16 feet in width, provided that the end lots of each row of attached units shall be no less than 26 feet in width;

(3)

Multifamily dwellings. The minimum required lot area of multifamily dwellings shall be 10,000 square feet for up to four units, plus 1,600 square feet per dwelling unit in excess of four units. The minimum lot width shall be 100 feet;

(4)

Other uses. There shall be no minimum required lot area or lot width for uses other than single-family dwellings and multifamily dwellings, provided that sufficient lot area and width shall be available to enable compliance with all other applicable requirements of this chapter, including such requirements as may be imposed in conjunction with a special use permit.

(Ord. No. 1553, 5-14-07; Ord. No. 1624, 8-9-10)

The following yard (setback) and lot coverage requirements shall be applicable in the R-4 Multifamily Residential District. (See Article III for supplementary regulations pertaining to yards in general, yards for accessory buildings and yards on corner lots.)

(1)

Front yard. Not less than 25 feet;

(2)

Side yards:

a.

Single-family: Ten percent of lot frontage, not less than six feet;

b.

Single-family attached dwellings: Not less than ten feet at each end of a row of attached units;

c.

Multifamily dwellings: Not less than 15 feet, provided that side yards abutting any property lying within a CD, R-1, R-2, or R-3 District or abutting any property devoted to single-family dwelling use in any district shall be not less than 20 feet;

d.

Other uses: Not less than 15 feet.

(3)

Rear yard. Not less than 25 feet;

(4)

Lot coverage. Not more than 40 percent of the area of a lot shall be covered by the main building and accessory buildings, provided that this requirement shall not be applicable to multifamily dwellings, lodging houses, or nursing homes;

(5)

Height No building or structure shall exceed a height of 60 feet. (See Article III for supplementary height regulations).

(Ord. No. 1553, 5-14-07; Ord. No. 1591, 6-23-08)

When two or more main buildings devoted to dwelling use are situated on the same lot, yards of not less than 25 feet shall be provided between such buildings, except that:

(1)

Where neither of the opposing walls of two buildings contains windows, the yard between the buildings shall be not less than 20 feet.

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

Usable open space in the amount of not less than 25 percent of the area of the lot shall be provided on each lot devoted to multifamily dwelling, lodging house or nursing home use. For the purposes of this requirement, usable open space shall be as defined in Article I of this chapter.

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

In addition to the requirements set forth elsewhere in this article, the following requirements shall be applicable to single-family attached dwelling developments.

(1)

Areas to be held in common. In the event common areas are provided within a development site for purposes of roadways, parking, access, open space, recreation or other purposes, such common areas shall be maintained by and be the responsibility of the developer or owner of the development until such time as they are conveyed to a homeowners' association consisting of the owners of individual units within the development and established for purposes of ownership and maintenance of such common areas;

(2)

Covenants and restrictions. Appropriate covenants and deed restrictions approved as to form and substance by the city attorney shall be recorded to provide for the perpetuation and maintenance of all areas and facilities within a development site to be held in common ownership by property owners within such site. Such covenants and restrictions shall provide, among other things, that the costs of maintaining common areas and facilities shall be levied on a pro rata basis upon each individual lot within the development, and in the event of nonpayment shall constitute a lien on the lot;

(3)

Maximum units in a row. Not more than eight single-family attached dwellings shall be attached in a series or continuous row;

(4)

Variation in front yards or facades. Variations in front yards or in the architectural treatment of the fronts of dwelling units shall be provided within each continuous row of attached units so that no more than two contiguous units are provided with the same front yard and the same architectural treatment;

(5)

Frontage and access. Each single-family attached dwelling shall be located on a lot having frontage or access meeting the requirements of section 120.1-162 of this chapter. In addition to front, side and rear yards required on individual lots, easements or areas in common or public ownership shall be provided at such locations and of such width as necessary to enable access by residents and service and emergency personnel to all lots within the development site;

(6)

Recreation area. Each development site containing more than eight dwelling units shall be provided with common recreation area of not less than ten percent of the area of the development site. Such area shall be accessible to all units and improved for active or passive recreational use by residents of the development.

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

In addition to the requirements set forth elsewhere in this article, the following requirements shall be applicable to multifamily dwellings:

(1)

Bedroom requirements. For the purposes of this section, any room, other than a living room, dining room or area, kitchen or bathroom, which could be used for sleeping purposes, shall be counted as a bedroom. The minimum size of such bedroom shall not be less than 70 square feet per inhabitant.

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

Pursuant to the general purposes of this chapter, the intent of the UD - University Residential/Commercial District is to provide for medium to high density development with a variety of housing types and commercial services. appropriate areas for the development and the operation of facilities for higher education, including university teaching facilities and related support facilities, recreation facilities, and other amenities and services related to and necessary for the operation of an institution of higher education. District regulations are intended to enable relatively high density residential development with open spaces and off-street parking sufficient to avoid congestion and over-crowding, and to encourage a safe, attractive and harmonious neighborhood with a compatible relationship between high density residential uses and supportive commercial developments and other uses associated with the university and adjacent neighborhoods. The district is designed to accommodate off-campus housing for students, staff and faculty along with retail stores and shops, restaurants, and other commercial uses at locations convenient to the Radford University campus and its environs and result in minimal impact on the character of adjoining districts.

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

(1)

Educational facilities, offices, recreational areas and safety-related uses associated with Radford University;

(2)

Any uses or structures located in this district at the time of adoption of this chapter;

(3)

Single-family dwellings;

(4)

Group home;

(5)

Rights-of-way, easements and facilities necessary for the provision and maintenance of public utilities and transportation, but not including wastewater treatment plants, water treatment plants or electric generating plant;

(6)

Public parks and recreation areas;

(7)

Duplex dwellings;

(8)

Townhouses, in accordance with the townhouse guidance in this chapter; and

(9)

Multifamily dwellings, provided that a site plan has been approved by the planning commission.

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

(1)

Location and/or use of structure(s) proposed in excess of 65 feet in height;

(2)

Outdoor sports and recreational facility;

(3)

Any uses deemed to be in compliance with the definition of "retail stores and shops";

(4)

Educational facilities, primary and secondary;

(5)

Churches and other places of worship;

(6)

Restaurant;

(7)

Parking facilities;

(8)

Bed and breakfast;

(9)

Private club, lodge, civic organization, fraternity and/or sorority living quarters and related meeting areas, provided that a site plan has been approved by the planning commission.

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

Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized. The following uses are also applicable:

(1)

Home occupations as defined in Article I of this chapter;

(2)

Living quarters, in the main building, of owner-occupied single-family dwellings, when such living quarters are occupied by persons employed on the premises;

(3)

Recreational vehicles stored within the required side or rear yard, occupancy is prohibited;

(4)

Temporary buildings for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work;

(5)

Signs as permitted by the provisions of Article V of this chapter;

(6)

Parking;

(7)

Satellite dish antenna not exceeding 20 inches in diameter;

(8)

Swimming pool associated with a private residence in side or rear yard;

(9)

Garden; and

(10)

Customary accessory structures.

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

The following lot area and lot width requirements shall be applicable in the UD University Residential District.

(1)

Single-family dwellings. Single-family dwellings shall be located on lots not less than 7,500 square feet in area and not less than 60 feet in width;

(2)

Single-family attached dwellings. Individual lots shall be no less than 1,600 square feet in area, provided that the total number of dwelling units on a development site as defined in Article I of this chapter shall not exceed ten per acre. Individual lots shall be no less than 16 feet in width; provided that the end lots of each row of attached units shall be no less than 26 feet in width;

(3)

Multifamily dwellings. The minimum required lot area of multifamily dwellings shall be 10,000 square feet for up to four units, plus 1,600 square feet per dwelling unit in excess of four units. The minimum lot width shall be 100 feet. In addition to the requirements set forth elsewhere in this article, the following requirements shall be applicable to multifamily dwellings:

a.

Bedroom requirements. For the purposes of this section, any room, other than a living room, dining room or area, kitchen or bathroom, which could be used for sleeping purposes, shall be counted as a bedroom. The minimum size of such bedroom shall not be less than 70 square feet per inhabitant.

(4)

Other uses. There shall be no minimum required lot area or lot width for uses other than single-family dwellings and multifamily dwellings, provided that sufficient lot area and width shall be available to enable compliance with all other applicable requirements of this chapter, including such requirements as may be imposed in conjunction with a special use permit or site plan;

(5)

Height regulations. No building or structure shall exceed a height of 65 feet. (See Article III for supplementary height regulations.)

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

The following yard (setback) and lot coverage requirements shall be applicable in the UD University Residential District. (See Article III for supplementary regulations pertaining to yards in general, yards for accessory buildings and yards on corner lots.)

(1)

Front yard. Not less than 25 feet;

(2)

Side yards:

a.

Single-family: Not less than six feet.

b.

Single-family attached dwellings: Not less than ten feet at each end of a row of attached units.

c.

Multifamily dwellings: Not less than 15 feet, provided that side yards abutting any property lying within a CD, R-1, R-2, or R-3 District or abutting any property devoted to single-family dwelling use in any district shall be not less than 20 feet.

d.

Other uses: Not less than 15 feet.

(3)

Rear yard. Not less than 25 feet;

(4)

Lot coverage. Not more than 40 percent of the area of a lot shall be covered by the main building and accessory buildings, provided that this requirement shall not be applicable to multifamily dwellings, lodging houses, or nursing homes.

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

When two or more main buildings devoted to permitted uses are situated on the same lot, yards of not less than 40 feet shall be provided between such buildings.

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

Usable open space in the amount of not less than 25 percent of the area of the lot shall be provided on each lot devoted to multifamily dwellings. For the purposes of this requirement, usable open space shall be as defined in Article I of this chapter.

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

In addition to the requirements set forth elsewhere in this article, the following requirements shall be applicable to single-family attached dwelling developments.

(1)

Areas to be held in common. In the event common areas are as are provided within a development site for purposes of roadways, parking, access, open space, recreation or other purposes, such common areas shall be maintained by and be the responsibility of the developer or owner of the development until such time as they are conveyed to a homeowners' association consisting of the owners of individual units within the development and established for purposes of ownership and maintenance of such common areas;

(2)

Covenants and restrictions. Appropriate covenants and deed restrictions approved as to form and substance by the city attorney shall be recorded to provide for the perpetuation and maintenance of all areas and facilities within a development site to be held in common ownership by property owners within such site. Such covenants and restrictions shall provide, among other things, that the costs of maintaining common areas and facilities shall be levied on a pro rata basis upon each individual lot within the development, and in the event of nonpayment shall constitute a lien on the lot;

(3)

Maximum units in a row. Not more than ten single-family attached dwellings shall be attached in a series or continuous row;

(4)

Variation in front yards or facades. Variations in front yards or in the architectural treatment of the fronts of dwelling units shall be provided within each continuous row of attached units so that no more than two contiguous units are provided with the same front yard and the same architectural treatment;

(5)

Frontage and access. Each single-family attached dwelling shall be located on a lot having frontage or access meeting the requirements of section 120.1-162 of this chapter. In addition to front, side and rear yards required on individual lots, easements or areas in common or public ownership shall be provided at such locations and of such width as necessary to enable access by residents and service and emergency personnel to all lots within the development site;

(6)

Recreation area. Each development site containing more than eight dwelling units shall be provided with common recreation area of not less than ten percent of the area of the development site. Such area shall be accessible to all units and improved for active or passive recreational use by residents of the development.

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

Greek organization sign is defined as any sign, flag or other object used to identify a Greek organization (fraternity, sorority, or club) are permitted under the following conditions:

Flag requirements:

(1)

Flags must be located in the UD University/Business District or Business District (generally five blocks surrounding the Radford University main campus).

(2)

Flags shall not exceed three-foot by five-foot in size.

(3)

Flag design and location must be approved by Radford University's Office of Student Affairs and the zoning administrator.

(4)

A maximum of one flag per organization is permitted.

Display of Greek letters, banners, signs, etc, other than flags, are permitted only during special events under the following conditions:

(1)

Special events are limited to Radford University Homecoming, Rush, and Greek Week.

(2)

The location and type of displays must be approved by Radford University's Office of Student Affairs and the zoning administrator.

(3)

Letters, signs, banners, decorations, etc, may be hung on Friday before the event and must be removed by Sunday evening following the event.

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

The MU Mixed Use Residential/Business District is created in recognition that some residential areas in the city may be suitable for the integration of residential and limited commercial uses of benefit to neighborhood residents. The intent of the district is to create a walkable, livable residential community with a mixture of residential and nonresidential uses. To that end, the scale and nature of retail uses is limited to preserve the mixed character of the district.

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

The following uses are permitted by right in the MU Mixed Use Residential/Business District:

(1)

Single-family dwellings;

(2)

Family day care home;

(3)

Group home;

(4)

Multifamily dwellings of seven or less units, provided a site plan has been approved by the planning commission;

(5)

Rights-of-way, easements and facilities necessary for the provision and maintenance of public utilities and transportation, but not including wastewater treatment plants, water treatment plants or electric generating plant;

(6)

Any uses or structures located in this district at the time of adoption of this chapter;

(7)

Any use deemed to be in compliance with the definition of "retail stores and shops," containing five or less businesses;

(8)

Auto service stations, auto service centers and self-service gasoline stations;

(9)

Automatic or self-service auto wash facilities;

(10)

Banks and other financial institutions;

(11)

Barber shops or beauty parlors;

(12)

Bicycle sales and repair shops;

(13)

Catering or delicatessen business;

(14)

Contractors' offices, shops and display rooms;

(15)

Parking areas and parking garages as a principal use of property;

(16)

Restaurants and other food service and catering establishments, at which food or beverages are available and provided a site plan has been approved by the planning commission;

(17)

Bed and breakfast;

(18)

Churches and other places of worship.

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

The following uses and structure shall be allowed in the MU Mixed Use Residential/Business District with an approved special use permit, as set forth in Article IX of this chapter:

(1)

Townhouses, in accordance with the townhouse guidance in this chapter;

(2)

Duplexes;

(3)

Multifamily dwellings with more than seven units, provided that a site plan has been approved by the planning commission;

(4)

Living quarters, in the main building, of owner-occupied single-family dwellings, when such living quarters are occupied by persons employed on the premises;

(5)

Public schools and private schools having substantially the same academic curriculum as public schools, provided that a site plan approved by the planning commission shall be required as set forth in Article VIII of this chapter. No recreational facilities shall be located closer than 100 feet from a lot containing a residence;

(6)

Parks, playgrounds and other recreation facilities, libraries, museums and community centers; when such uses are owned or operated by a governmental agency or nonprofit organization, provided that a site plan approved by the planning commission shall be required as set forth in Article VIII of this chapter. No recreational facilities shall be located closer than 100 feet of a lot containing a residence;

(7)

Neighborhood recycling drop center, publicly owned and operated;

(8)

Private club, lodge, civic organization, fraternity and/or sorority living quarters and related meeting areas, provided that a site plan has been approved by the planning commission;

(9)

Home for adults;

(10)

Nursing home;

(11)

Clinic.

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

Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized. The following uses are also applicable:

(1)

Home occupations as defined in Article I of this chapter;

(2)

Recreational vehicles stored within the required side or rear yard, occupancy is prohibited;

(3)

Temporary buildings for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work;

(4)

Signs as permitted by the provisions of Article V of this chapter;

(5)

Parking;

(6)

Satellite dish antenna not exceeding 20 inches in diameter;

(7)

Swimming pool associated with a private residence in side or rear yard;

(8)

Garden; and

(9)

Customary accessory structures.

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

The following lot area and lot width requirements shall be applicable in the MU Mixed Use Residential/Business District:

(1)

Not less than 25 percent or more than 75 percent of the development shall be dedicated to business/commercial uses;

(2)

Single-family dwellings. Single-family dwellings shall be located on lots not less than 7,500 square feet in area and not less than 50 feet in width;

(3)

Single-family attached dwellings. Individual lots shall be no less than 1,600 square feet in area, provided that the total number of dwelling units on a development site as defined in Article I of this chapter shall not exceed ten per acre. Individual lots shall be no less than 16 feet in width, provided that the end lots of each row of attached units shall be no less than 26 feet in width;

(4)

Multifamily dwellings. The minimum required lot area of multifamily dwellings shall be 10,000 square feet for up to four units, plus 1,600 square feet per dwelling unit in excess of four units. The minimum lot width shall be 100 feet;

(5)

Other uses. There shall be no minimum required lot area or lot width for uses other than single-family dwellings and multifamily dwellings, provided that sufficient lot area and width shall be available to enable compliance with all other applicable requirements of this chapter, including such requirements as may be imposed in conjunction with a site plan;

(6)

Height regulations. No building or structure shall exceed a height of 65 feet. (See Article III for supplementary height regulations.)

(Ord. No. 1553, 5-14-07; Ord. No. 1587, 6-9-08)

The following yard (setback) and lot coverage requirements shall be applicable in the MU Mixed Use District. (See Article III for supplementary regulations pertaining to yards in general, yards for accessory buildings and yards on corner lots.)

(1)

Front yard. Not less than 25 feet;

(2)

Side yards:

a.

Single-family: Not less than six feet.

b.

Single-family attached dwellings: Not less than ten feet at each end of a row of attached units.

c.

Multifamily dwellings: Not less than 15 feet, provided that side yards abutting any property lying within a CD, R-1, R-2, or R-3 District or abutting any property devoted to single-family dwelling use in any district shall be not less than 20 feet.

d.

Other uses: Not less than 15 feet.

(3)

Rear yard. Not less than 25 feet.

(4)

Lot coverage. Not more than 40 percent of the area of a lot shall be covered by the main building and accessory buildings, provided that this requirement shall not be applicable to multifamily dwellings, lodging houses, or nursing homes.

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

When two or more main buildings devoted to permitted uses are situated on the same lot, yards of not less than 40 feet shall be provided between such buildings.

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

Usable open space in the amount of not less than 25 percent of the area of the lot shall be provided on each lot devoted to multifamily dwellings. For the purposes of this requirement, usable open space shall be as defined in Article I of this chapter.

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

In addition to the requirements set forth elsewhere in this article, the following requirements shall be applicable to single-family attached dwelling developments.

(1)

Areas to be held in common. In the event common areas are as are provided within a development site for purposes of roadways, parking, access, open space, recreation or other purposes, such common areas shall be maintained by and be the responsibility of the developer or owner of the development until such time as they are conveyed to a homeowners' association consisting of the owners of individual units within the development and established for purposes of ownership and maintenance of such common areas;

(2)

Covenants and restrictions. Appropriate covenants and deed restrictions approved as to form and substance by the city attorney shall be recorded to provide for the perpetuation and maintenance of all areas and facilities within a development site to be held in common ownership by property owners within such site. Such covenants and restrictions shall provide, among other things, that the costs of maintaining common areas and facilities shall be levied on a pro rata basis upon each individual lot within the development, and in the event of nonpayment shall constitute a lien on the lot;

(3)

Maximum units in a row. Not more than ten single-family attached dwellings shall be attached in a series or continuous row;

(4)

Variation in front yards or facades. Variations in front yards or in the architectural treatment of the fronts of dwelling units shall be provided within each continuous row of attached units so that no more than two contiguous units are provided with the same front yard and the same architectural treatment;

(5)

Frontage and access. Each single-family attached dwelling shall be located on a lot having frontage or access meeting the requirements of section 120.1-162 of this chapter. In addition to front, side and rear yards required on individual lots, easements or areas in common or public ownership shall be provided at such locations and of such width as necessary to enable access by residents and service and emergency personnel to all lots within the development site;

(6)

Recreation area. Each development site containing more than eight dwelling units shall be provided with common recreation area of not less than ten percent of the area of the development site. Such area shall be accessible to all units and improved for active or passive recreational use by residents of the development.

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

Pursuant to the general purposes of this chapter, the intent of the R-MH Manufactured Home Residential District is to provide appropriate locations within the city for the development of attractive and well-planned manufactured home parks and subdivisions in accordance with modern development standards. The regulations applicable within the district are intended to encourage the development of moderate cost housing within a suitable residential environment which is adequately protected from intrusion by potentially incompatible uses. The regulations and development standards in the district are also intended to ensure the provision of necessary services for residents of manufactured home developments and to promote a compatible relationship between such developments and nearby communities.

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

The following uses and structures shall be permitted with a special use permit in the R-MH Manufactured Home Residential District:

(1)

Manufactured home parks as defined in Article I of this chapter;

(2)

Manufactured home subdivisions;

(3)

Manufactured homes located within manufactured home parks and manufactured home subdivisions approved in accordance with the provisions of this article;

(4)

Uses and structures within manufactured home parks and manufactured home subdivisions intended for the use of or the provision of services to residents of the manufactured home park or subdivision including: parks, playgrounds, community center and recreation facilities; administrative, maintenance and storage facilities; laundry facilities; and public and private utilities;

(5)

Signs as permitted by the provisions of Article V of this chapter; and

(6)

Uses and structures accessory to individual manufactured home units.

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

(1)

Area and density. The following area and density requirements shall be applicable to manufactured home parks.

(a)

Manufactured home parks shall contain not less than two acres in area.

(b)

The maximum density within a manufactured home park shall not exceed ten units per gross acre within the manufactured home park, provided that all other applicable requirements of this article shall be met.

(2)

Recreation area. Every manufactured home park shall include within its boundaries areas for indoor or outdoor recreation facilities for common use by residents of the park. Such areas shall in the aggregate consist of not loess than 5,000 square feet, plus 250 square feet for each manufactured home space in excess of ten spaces within the manufactured home park. Recreation areas shall be suitably improved and maintained for active or passive recreation use, and may include space within community buildings and facilities such as playgrounds, parks, swimming pools, game courts and similar facilities, but shall not include any area devoted to individual manufactured home spaces, parking areas or utility, maintenance or management facilities.

(3)

Manufactured home spaces. Individual manufactured home spaces shall meet the following requirements.

(a)

Each manufactured home space shall be not less than 3,000 square feet in area.

(b)

The dimensions of manufactured home spaces shall be not less than 30 feet in width and 100 feet in depth.

(c)

Each manufactured home space shall have frontage on a public or private street improved in accordance with applicable standards.

(4)

Improvements and general requirements. The following improvement requirements and other general requirements shall be applicable to manufactured home parks.

(a)

Street frontage. Every manufactured home park shall have frontage on and access to a public street.

(b)

Street improvements. All streets and roadways within a manufactured home park shall be paved with dust-free, all weather hard surface material such as asphalt, asphalt and gravel seal coat, concrete, unit pavers or similar material approved by the zoning administrator.

(c)

The width of private streets shall be not less than 24 feet. In any case where parking is situated along a private street, such additional width shall be provided as necessary to accommodate required parking space dimensions and to maintain a usable street width for traffic of not less than 24 feet.

(d)

Public streets shall conform to the requirements of the Virginia Department of Transportation.

(e)

Traffic control. Signs conforming to the requirements of the city engineer shall be installed, within each manufactured home park for purposes of traffic control and safety. In addition thereto, at each entrance to a private street from a public street, and 18-inch by 24-inch sign shall be posted stating "private drive: no thru traffic" with lettering of such size as to be readable from a distance of 15 feet.

(f)

Storm drainage. Storm drainage facilities shall be provided within each manufactured home park in accordance with a storm drainage plan submitted with the special use permit, application and approved in conjunction therewith.

(g)

Sewer and water systems. Every manufactured home park shall be served by public sewer and water systems which shall be connected to each manufactured home unit and each building or structure containing plumbing facilities.

(h)

Walkways. Sidewalks paved with concrete, asphalt, unit pavers or similar material shall be provided between each manufactured home unit and the street along which it fronts and elsewhere in the manufactured home park where necessary to enable safe and convenient pedestrian movement to and from common facilities.

(i)

Lighting. Lighting shall be installed along each street within each manufactured home park and adjacent to common facilities utilized by residents of the park. A lighting plan shall be submitted with the special use permit application and approved in conjunction therewith.

(j)

Underground utilities. All utilities within a manufactured home park shall be installed underground; provided that this requirement may be waived by the planning commission and city council where it finds that soil or topographic conditions make such requirement impracticable.

(k)

Refuse facilities. Refuse containers of adequate capacity to meet the needs of all manufactured home units and common facilities shall be provided for the deposit and collection of refuse within each manufactured home park. Containers serving individual manufactured home units and containers serving common facilities within the manufactured home park shall be so located or screened as to not be visible from public or private streets or adjacent properties.

(l)

Delineation of spaces. Each manufactured home space shall be clearly defined with permanent markers at each corner and shall be identified with the space number as shown on the approved plans.

(m)

Installation of manufactured homes. No manufactured home shall be installed within a manufactured home park until all required improvements have been completed and a certificate of occupancy for the manufactured home park or for that portion of the manufactured home park to be occupied has been approved by the zoning administrator and issued by the building official.

(5)

Yards separation and buffer requirements. Along with other landscaping requirements listed in Article III, Division 7, the following yard, separation and buffer requirements shall be applicable to manufactured home parks:

(a)

Individual manufactured home spaces shall be located not less than 25 feet from public street rights-of-way and all exterior boundaries of the manufactured home park.

(b)

No manufactured home shall be located within 20 feet of any other manufactured home or any roadway, common parking area or outdoor recreation area.

(c)

No building or structure intended for recreation, maintenance, management, utility or other common use within a manufactured home park shall be located within 20 feet of any manufactured home space or any roadway intended for general circulation within the manufactured home park.

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

(1)

Minimum area. Manufactured home subdivisions shall contain not less than five acres in area and have a side yard of 40 feet, a front setback of 35 feet and a rear yard of 25 feet.

(2)

Compliance with subdivision requirements. All manufactured home subdivisions shall conform to the standards and requirements of the subdivision regulations of the city as set forth in Chapter 18 of the City Code, and shall be subject to the review and approval processes set forth therein.

(3)

Installation of manufactured homes. No manufactured home shall be installed within a manufactured home subdivision until all requirements of the subdivision regulations have been met, a site plan for the subdivision has been approved and all required improvements have been installed within the subdivision or that portion of the subdivision to be occupied.

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

The following lot area and lot width requirements shall be applicable:

(1)

Single-family dwellings. Single-family dwellings shall be located on lots of not less than 6,000 square feet in area and not less than 50 feet in width. The lots shall be generally arranged such that the long axis of the lot is parallel to the street.

(2)

Other uses. There shall be no minimum required lot area or lot width for uses other than single-family dwellings, provided that sufficient lot area and width shall be available to enable compliance with all other applicable requirements of this chapter, including such requirements as may be imposed in conjunction with a site plan.

(3)

Height regulations. No building or structure shall exceed a height of 35 feet. (See Article III for supplementary height regulations.)

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

The following yard (setback) and lot coverage requirements shall be applicable in the R-2 Single-Family Residential District. (See Article III for supplementary regulations pertaining to yards in general, yards for accessory buildings and yards on corner lots.)

(1)

Setback or front yard. Not less than 20 feet.

(2)

Side yards:

a.

Single-family dwellings: Not less than six feet.

b.

Other uses: Not less than 20 feet.

(3)

Rear yard:

a.

Single-family dwellings: Not less than 20 feet.

b.

Other uses: Not less than 30 feet.

(4)

Lot coverage. Not more than 40 percent of the area of a lot shall be covered by the main building and accessory buildings.

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

(1)

Installation and occupancy. All manufactured homes shall be installed in accordance with applicable requirements of the Virginia Uniform Statewide Building Code. A zoning permit shall be required prior to installation of any manufactured home, and a certificate of occupancy shall be required for each manufactured home upon completion of installation and prior to occupancy.

(2)

Skirting. Skirting shall be provided around the base of each manufactured home so as to conceal from view the frame, axles, wheels, crawl space and all utility connections. Skirting shall be constructed of weather resistant material and shall meet the requirements of the Virginia Uniform Statewide Building Code.

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

(1)

Manufactured home spaces. Every manufactured home space within a manufactured home park shall be provided with not less than two off-street parking spaces located within the boundaries of the manufactured home space or within a common parking area or on a private street of suitable dimensions situated immediately adjacent to the manufactured home space.

(2)

Subdivision lots. Every manufactured home within a manufactured home subdivision shall be provided with not less than two off-street parking spaces within the boundaries of the lot on which such manufactured home is located.

(3)

Common facilities. Off-street parking spaces shall be provided to serve all uses and structures within manufactured home parks and manufactured home subdivisions intended for the use of or the provision of services to residents of the park or subdivision, including community center, recreation, administrative, maintenance and laundry facilities. The number of spaces provided for such facilities shall be not less than one-half the number that would be required for similar facilities available for use by the general public and as set forth in Article IV of this chapter.

(4)

General requirements. Except as provided in paragraph (c) of this section, required off-street parking spaces within manufactured home parks and manufactured home subdivisions shall conform to the applicable provisions of Article IV of this chapter; provided that all off-street parking areas within manufactured home parks, regardless of the number of spaces within such parking areas, shall be paved with dust-free, all-weather hard surface material such as asphalt, asphalt and gravel seal coat, concrete, unit pavers or similar material approved by the zoning administrator.

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

A site plan approved by the planning commission as set forth in Article VIII of this chapter shall be required for all manufactured home parks and manufactured home subdivisions. Approval of a site plan shall not be required for individual manufactured homes or structures accessory thereto located within a manufactured home space or on a lot intended for occupancy by a manufactured home in a manufactured home subdivision.

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

No building or structure shall exceed a height of 18 feet. (See Article III for supplementary height regulations.)

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

Pursuant to the general purposes of this chapter, the intent of the B-1 Limited Business District is to accommodate a limited range of low-intensity retail, personal service and office uses which are compatible with adjacent residential areas, and which provide for the convenience and day-to-day needs of residents of nearby neighborhoods. The district is intended to encourage small concentrations of business uses as opposed to strip commercial development, and in some cases to provide a transition between residential areas and general business uses. The Limited Business District standards allow for development latitude and should be proposed and planned for areas that provide for adequate development expansion space, landscaped parking areas and service, utilities, and other facilities. The permitted uses and off-street parking requirements, in accordance with Article IV of this chapter, are designed to reflect high levels of walk-in trade and to promote a safe and convenient pedestrian environment.

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

The following use types and structures shall be permitted in the B-1 Limited Business District:

(1)

Uses or structures located in this district at the time of adoption of this chapter;

(2)

Uses including office and clinic in structures of a size and scale similar to residential structures or deemed to be in compliance with the definition of "retail stores and shops," in developments containing five or less businesses;

(3)

Public parks and recreation areas;

(4)

Safety services;

(5)

Utility services;

(6)

Educational facilities/primary and secondary; and

(7)

Churches and other places of worship;

(8)

Craft beverage manufacturing.

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

The following use types and structures shall be permitted in the B-1 Limited Business District:

(1)

Developments that include office, retail and general businesses uses assessed as appropriate for this district with a planning commission approved site plan which may be conditions as to timing of development.

(2)

Apartments above and/or below the main ground street level.

(Ord. No. 1553, 5-14-07; Ord. No. 1675, 12-15-15)

There shall be no minimum lot area or lot width requirements.

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

The following yards (setbacks) shall be required in the B-1 Limited Business District. (See Article III for supplementary regulations pertaining to yards and parking in yards.)

(1)

Front yard. No front yards shall be required; unless where the frontage of a lot abuts property located in any Conservation or Residential District there shall be a front yard of not less than the front yard required in such Conservation or Residential Districts.

(2)

Side yards. No side yards shall be required, unless where a side lot line abuts or is situated across an alley from property located in any Conservation or Residential District there shall be a side yard of not less than ten feet.

(3)

Rear yard. Not less than 25 feet. There will be no setback requirement when a rear yard adjoins an alley.

(4)

Height. No building or structure shall exceed a height of 35 feet. (See Article III for supplementary height regulations.)

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

Pursuant to the general purposes of this chapter, the intent of the B-2 General Business District is to accommodate a wide range of retail, wholesale, service and office uses that cater to the traveling public and which serve the city as a whole and the surrounding region. The district is designed for use along principal highways and to areas having direct access thereto, in order to provide safe and efficient access while avoiding the routing of traffic onto minor streets or through residential areas. The regulations of the district are designed to afford flexibility in permitted uses and in the utilization of individual sites in order to promote business opportunities, economic development and the provision of services. The district also contains provisions intended to encourage harmonious development, to minimize potential adverse impacts of business development and to ease the transition between business areas and adjacent residential areas.

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

The following use types and structures shall be permitted in the B-2 General Business District:

(1)

Any uses or structures located in this district at the time of adoption of this chapter;

(2)

Any use deemed to be in compliance with the definition of "retail stores and shops" as set forth and provided for at division 2, interpretation and definitions, in section 120.1-6, definitions, of chapter 120.1 of this Code.

(3)

Auto service stations, auto service centers and self-service gasoline stations;

(4)

Automatic or self-service auto wash facilities;

(5)

Automobile, truck, trailer, recreational vehicle, equipment, machinery, rental, service and repair businesses, but not including junkyards or automobile graveyards, and provided that no repair of motor vehicles shall be conducted outside of a completely enclosed building and in view from any adjacent property or public street;

(6)

Building materials and mechanical, electrical, plumbing and heating supplies sales;

(7)

Banks and other financial institutions;

(8)

Barber shops or beauty parlors;

(9)

Bicycle sales and repair shops;

(10)

Catering or delicatessen business;

(11)

Craft beverage manufacturing;

(12)

Contractors' offices, shops and display rooms;

(13)

Entertainment, amusement and recreational facilities located within completely enclosed buildings, and including theaters, art galleries, amusement centers, bowling alleys, dance and nightclubs, lodge and club meeting places, auditoriums, assembly halls and similar uses but not including adult uses;

(14)

Garden centers and plant nurseries;

(15)

Hotels and motels;

(16)

Machine shops and sheet metal fabricating shops;

(17)

Parking areas and parking garages as a principal use of property;

(18)

Public utilities or public service or transportation uses, buildings, (including bus stations), generating, purification or treatment plants, water storage tanks, pumping or regulator stations, telephone exchange, substations and major transmission lines;

(19)

Recycling collection centers for use by the general public, provided that no processing of materials collected shall take place on the site;

(20)

Research facilities and testing laboratories;

(21)

Restaurants and other food service and catering establishments, provided that where food or beverages are available;

(22)

Terminals and related facilities for public transportation;

(23)

Veterinary clinics, animal hospitals and animal shelters, but not including kennels;

(24)

Vocational, business and professional schools; and

(25)

Wholesale and distribution businesses, within the confines of the building footprint.

(Ord. No. 1553, 5-14-07; Ord. No. 1657, 11-25-13; Ord. No. 1686, 10-24-16)

The following use types and structures shall be permitted, provided that a site plan approved by the planning commission shall be required as set forth in article VIII of this chapter. The approved site plan shall address both on-site and off-site impacts of the proposed development:

(1)

Hospitals;

(2)

Miniature golf course, golf driving ranges, drive-in theaters and other similar outdoor commercial recreational facilities;

(3)

Kennels or runs;

(4)

Carnival or fair or similar outdoor activity;

(5)

Outdoor sales area or flea market;

(6)

Private storage buildings over 300 square feet;

(7)

Drive up facilities to access banks, business, and restaurant services;

(8)

Apartments above and/or below the main ground street level.

(Ord. No. 1553, 5-14-07; Ord. No. 1675, 12-15-15)

Accessory buildings and uses, including accessory storage of supplies and merchandise normally carried in stock or used in connection with a permitted use, subject to applicable district regulations.

(1)

Living quarters in main structure of persons employed on the premises;

(2)

Temporary buildings for uses incidental to construction work, such buildings, shall be removed upon completion or abandonment of the construction work;

(3)

Signs as provided in Article V;

(4)

Parking as provided in Article IV;

(5)

Swimming pool associated with the development;

(6)

Private storage buildings 300 square feet or less; and

(7)

Temporary buildings for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work or 12 months, which ever occurs first.

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

There shall be no minimum lot area or lot width requirements.

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

The following yards (setbacks) shall be required in the B-2 General Business District. (See Article III for supplementary regulations pertaining to yards and parking in yards.)

(1)

Front yards. Not less than 20 feet.

(2)

Side yards. No side yards shall be required; unless where a side lot line abuts or is situated across an alley from property located in any Conservation or Residential District, then there shall be a side yard of not less than 25 feet.

(3)

Rear yard. Not less than 25 feet when adjacent to residential districts. When adjacent to any nonresidential district, then there shall be a rear yard of no less than five feet.

(4)

Height No building or structure shall exceed a height of 65 feet. (See Article III for supplementary height regulations).

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

Required side yards abutting property in any Conservation or Recreation District shall not be devoted to any of the following uses or activities, nor shall any of the following take place within ten feet of any street right-of-way line:

(1)

Outdoor storage of materials, supplies, equipment, machinery, or wrecked or partially dismantled vehicles;

(2)

Outdoor display or sales areas for vehicles or other products; and

(3)

Loading or unloading areas for trucks and other vehicles.

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

Pursuant to the general purposes of this chapter, the intent of the B-3 Central Business District is to provide for the day-to-day and specialty shopping and personal service needs of the community within a compact and well-defined area having a pedestrian orientation. The permitted uses and regulations of the district are intended to promote an attractive pedestrian shopping environment with predominately public parking and continuity of retail, personal service and office establishments at street level. The district is intended to avoid domination by vehicle-oriented uses and heavy business uses that are more appropriately located in the General Business District. The B-3 Central Business District is also intended to encourage residential use of upper floors of commercial buildings to provide economic use of such space and promote a 24-hour population, in the district. Secure parking for residential developments is the responsibility of the project developer.

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

The following use types and structures shall be permitted in the B-3 Central Business District:

(1)

Any uses or structures located in this district at the time of adoption of this chapter;

(2)

Any uses deemed to be in compliance with the definition of "retail stores and shops";

(3)

Craft beverage manufacturing;

(4)

Restaurants and other food service and catering establishments, provided that where food or beverages are available;

(5)

Public parks and recreation areas;

(6)

Safety services;

(7)

Utility services;

(8)

Educational facilities/primary and secondary; and

(9)

Pedestrian oriented commercial retail businesses.

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

(1)

Location and/or use of structure(s) proposed in excess of 65 feet in height;

(2)

Drive up facilities to access banks, business, and restaurant services; and

(3)

Apartments above and/or below the main ground street level.

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

There shall be no minimum lot area or lot width requirements.

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

The following yards (setbacks) shall be required in the B-3 Central Business District:

(1)

Side yards. No side yards shall be required, provided that where a side lot line abuts or is situated across an alley from property located in any Conservation or Residential District there shall be a side yard of not less than 20 feet.

(2)

Rear yard. No rear yard shall be required, provided that where a rear lot line abuts property located in any Conservation or Residential District there shall be a rear yard of not less than 25 feet.

(3)

Height. No building or structure shall exceed a height of 65 feet. Without an approved site plan.

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

Pursuant to the general purposes of this chapter, the intent of the MD Medical Arts District is to provide convenient and appropriate locations for concentrations of medical facilities, as well as facilities for providing convalescent care, rehabilitation, retirement and nursing homes and medically related services and enterprises.

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

The following uses and structures shall be permitted in the MD Medical Arts District:

(1)

Rehabilitation centers, centers for convalescent care, nursing homes, adult care and retirement facilities;

(2)

Hospitals;

(3)

Medical and dental offices;

(4)

Pharmacies, including related retail functions, provided that that total floor area devoted to sales, display and storage shall not exceed 1,500 square feet;

(5)

Diagnostic medical laboratories;

(6)

Dormitory buildings for nurses, medical technicians and other medical personnel;

(7)

Training facilities for nurses, medical technicians and other medical personnel;

(8)

Signs as permitted by the provisions of Article V of this chapter; and

(9)

Accessory uses and structures.

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

There shall be no minimum lot area or lot width requirements, provided that sufficient lot area and width shall be required to ensure compliance with setback and other applicable requirements, including such requirements as may be imposed in conjunction with a special use permit or site plan.

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

The following yards (setbacks) shall be required: (See Article III for supplementary regulations pertaining to yards which may apply).

(1)

Front yard. Not less than ten feet.

(2)

Side yards. Not less than ten feet.

(3)

Rear yard. Not less than 15 feet.

(4)

Yards shall exist as green space or yards and shall not be used for motor vehicle parking or accessory uses or structures.

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

No building or structure shall exceed a height of 60 feet. (See Article III for supplementary height regulations.)

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

Pursuant to the general purposes of this chapter, the intent of the M-1 Restricted Industrial/Commercial District is to allow research facilities, wholesale, warehousing, light industrial and heavy commercial activities within completely enclosed buildings or screened areas. The M-1 District is structured as planned unit district, requiring the preparation of a site plan to describe the intensity and design characteristics of proposed development. The activities within this district involve minimal hazards and do not create significant amounts of smoke, noise, odor, dust or other potential nuisance.

M-1 Districts are intended to be located along or near primary highways to facilitate access and to avoid industrial traffic impacts on minor roads and residential neighborhoods. An approved site plan will be the basis for project construction.

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

The following uses and structures shall be permitted in the M-1 Restricted Industrial District:

(1)

Any uses or structures located in this district at the time of adoption of the ordinance;

(2)

Educational facilities/primary, secondary;

(3)

Public parks and recreational areas;

(4)

Safety services;

(5)

Utility services; and

(6)

Itinerant vendor.

(7)

Any use or structure permitted in the B-2 General Business District as defined and set forth in Division 10, the B-2 General Business District, at Section 120.1-90 of the Radford City Code.

(8)

Bottling plants;

(9)

Cabinet, upholstery, furniture and wood working shops;

(10)

Dry cleaning and laundry plants

(11)

Ice manufacturing

(12)

Manufacturing and assembling of electronic equipment and parts, electrical appliances, musical instruments, toys, novelties, medical equipment and similar products;

(13)

Manufacturing, compounding, processing, packaging or treatment of bakery goods, candy, cosmetics, dairy [products], drugs, food products, perfumes, pharmaceuticals, soaps, toiletries and similar products;

(14)

Propagation, cultivation and sales of crops, flowers, trees and shrubs;

(15)

Warehouse, mini-warehouse and similar storage facilities accessory to or operated independent of other uses;

(16)

Welding shops.

(Ord. No. 1553, 5-14-07; Ord. No. 1657, 11-25-13)

(1)

Closed storage facilities.

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

[All uses that include:]

(1)

Research;

(2)

Manufacturing, compounding, assembling, treatment, or packaging of products that are not spelled out in by right uses.

(3)

Petroleum, fuel oil, or propane storage for purposes of distribution.

(4)

Recycling plants, resource recovery and reclamation facilities and solid waste transfer stations, but not including incinerations facilities.

Location of the specific structure(s) shall be in an area zoned M-1 or rezoned M-1 only as a result of the approval of a site plan that has been developed to address both on-site and off-site impacts of the proposed development, which is approved by the planning commission.

(Ord. No. 1553, 5-14-07; Ord. No. 1657, 11-25-13)

A relatively wide variety of architectural design and materials shall be permitted. However, it is intended that a basic harmony or architecture shall prevail among developments so that no improvement shall detract from the appearance of the neighborhood. Individuality and creativity are encouraged provided that blending of design into the parcel's surrounding context is achieved. The general design context must reflect a high quality corporate image and high standards. The site plan shall include a landscaping plan that provides for landscaping and maintenance of the entire parcel being developed. The site plan shall provide information on the design of the proposed buildings, parking, and all other improvements to the site.

Proposed uses in the M-1 District shall be proposed by a complete site plan and submitted for consideration by the planning commission. The site plan is to be submitted in accordance with the provisions of the Radford City Zoning Ordinance and addressing the standards enumerated herein prior to initiation of construction. The finding in fact by the planning commission that the proposed project is compatible with surrounding uses, is consistent with the intent of this chapter and of the comprehensive plan, is in the public interest, and will comply with other provisions of law and ordinances, the approved site plan shall control the development of the site, until such time as an amended plan shall be approved.

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

There shall be no minimum lot area or lot width requirements.

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

The following yards (setbacks) shall be required in the M-1 Restricted Industrial/Commercial District. (See Article III for supplementary regulations pertaining to yards and parking in yards.)

(1)

Front yard. No front yard shall be required provided that where the frontage of a lot abuts property located in any Conservation or Residential District there shall be a front yard of not less than 25 feet exclusive of loading docks.

(2)

Side yards. No side yards shall be required, provided that where a side lot line abuts or is situated across an alley from property located in any Conservation or Residential District there shall be a side yard of not less than 50 feet. This distance shall be inclusive of mechanical equipment attached or adjacent to structures.

(3)

Rear yard. No rear yard shall be required, provided that where a rear lot line abuts or is situated across an alley from property located in any Conservation or Residential District there shall be a rear yard or not less than 50 feet. This distance shall be inclusive of mechanical equipment attached or adjacent to structures.

(4)

All yards. All yards shall be maintained in finished condition.

(5)

Height. No building or structure shall exceed a height of 65 feet. (See Article III for supplementary height regulations.)

(6)

Lot coverage. The total area of all buildings, including accessory buildings, on a lot shall cover no more than 70 percent of the area of the lot.

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

The intent of the M-2 General Industrial District is to provide appropriate locations for industrial uses that are developed in a manner that ensures the environmental and visual impacts of the development are minimized to the extent possible, and by maintaining a high quality corporate image. The M-2 District is structured as a planned unit district. An approved site plan will be the basis for project construction.

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

The following uses and structures shall be permitted in the M-2 General Industrial District:

(1)

Any uses or structures located in this district at the time of adoption of the ordinance;

(2)

Educational facilities/primary, secondary;

(3)

Public parks and recreational areas;

(4)

Safety services;

(5)

Utility services;

(6)

Itinerant vendor;

(7)

Adult businesses as regulated in sections 60-21 through 60-30 of the Radford City Code;

(8)

Any use or structure permitted in the M-1 Restricted Industrial/Commercial District as defined and set forth in Division 13, the M-1 Restricted Industrial/Commercial District, Section 120.107 of the Radford City Code;

(9)

Asphalt Mixing plants;

(10)

Railroad yards and freight depots;

(11)

Sawmills, planning mills, veneer mills, wood processing and wood preserving plants;

(12)

Accessory uses and structures.

(Ord. No. 1553, 5-14-07; Ord. No. 1657, 11-25-13)

Editor's note— Ord. No. 1657, adopted Nov. 25, 2013, changed the title of § 120.1-114 from "Permitted uses and structures" to "Permitted uses and structures by right."

(1)

Electric, steam, and gas generating plants;

(2)

Manufacturing, processing or storage of brick, concrete, cement, lime, gypsum, fertilizer or acids;

(3)

Recycling plants and resource recovery and reclamation facilities, including incineration facilities operated in conjunction there-with;

(4)

Manufacturing, compounding, assembling, treatment, or packaging of products that are not spelled out in by right uses.

Location of the specific structure(s) shall be in an area zoned M-2 or rezoned M-2 only as a result of the approval of a site plan that has been developed to address both on-site and off-site impacts of the proposed development, which is approved by the planning commission.

(Ord. No. 1553, 5-14-07; Ord. No. 1657, 11-25-13)

A relatively wide variety of architectural design and materials shall be permitted. However, it is intended that a basic harmony or architecture shall prevail among developments so that no improvement shall detract from the appearance of the neighborhood. Individuality and creativity are encouraged provided that blending of design into the parcel's surrounding context is achieved. The general design context must reflect a high quality corporate image. High standards. The site plan shall include a landscaping plan that provides for landscaping and maintenance of the entire parcel being developed. The site plan shall provide information on the design of the proposed buildings, parking, and all other improvements to the site.

Proposed uses in the M-2 District shall be proposed by a complete site plan and submitted for consideration by the planning commission. The site plan is to be submitted in accordance with the provisions of the Radford City Zoning Ordinance and addressing the standards enumerated herein prior to initiation of construction. The finding in fact by the planning commission that the proposed project is compatible with surrounding uses, is consistent with the intent of this chapter and of the comprehensive plan, is in the public interest, and will comply with other provisions of law and ordinances, the approved site plan shall control the development of the site, until such time as an amended plan shall be approved.

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

There shall be no minimum lot area or lot width requirements.

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

The following yards (setbacks) shall be required in the M-2 General Industrial District. (See Article III for supplementary regulations pertaining to yards and parking in yards.)

(1)

Front yard. No front yard shall be required, provided that where the frontage of a lot abuts property located in any Conservation or Residential District there shall be a front yard of not less than 50 feet.

(2)

Side yards. No side yards shall be required, provided that where a side lot line abuts or is situated across an alley from property located in any Conservation or Residential District there shall be a side yard of not less than 100 feet, and where a side lot line abuts or is situated across an alley from property located in any Business, Medical Arts or University District there shall be a side yard of not less than 50 feet.

(3)

Rear yard. No rear yard shall be required, provided that where a rear lot line abuts or is situated across an alley from property located in any Conservation or Residential District there shall be a rear yard of not less than 50 feet, and where a rear lot line abuts or is situated across an alley from property located in any Business, Medical Arts or University District there shall be a rear yard of not less than 50 feet.

(4)

All yards. All yards shall be maintained in finished condition.

Required side yards abutting property in any Conservation or Residential District shall not be devoted to any of the following uses or activities, nor shall any of the following take place within ten feet of any street right-of-way line:

(1)

Outdoor storage of materials, supplies, equipment, machinery, or wrecked or partially dismantled vehicles;

(2)

Outdoor display or sales area for vehicles or other products;

(3)

Loading or unloading areas for trucks and other vehicles.

No building or structure shall exceed a height of 65 feet. (See Article III for supplementary height regulations.)

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

In addition to all other requirements, any adult business shall conform to the following requirements:

(1)

The business shall be located at least 500 feet away from any residential or agricultural zoning district, and at least 500 feet from the property line of any land used for any of the following:

a.

A residence;

b.

A nursing home, assisted living facility, or similar institution;

c.

An adult day care center;

d.

A child day care center;

e.

A public or private school, college or university;

f.

A public park;

g.

A public library, museum or cultural center;

h.

A church or other place of worship;

i.

A hotel, motel or boardinghouse;

j.

Any other adult business.

(2)

Adult merchandise shall not be visible from any point outside the establishment.

(3)

Signs or attention-getting devices for the business shall not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in section 120.1-6 of this Code.

(4)

The business shall not begin service to the public or any outside activity before 6:00 a.m. Hours of operation for any adult movie theater, adult nightclub or other business providing adult entertainment shall not extend after 2:00 a.m. Hours of operation for any adult bookstore, adult video store, adult model studio, adult store or any other adult business except an adult motel shall not extend after 12:00 midnight.

(5)

In any adult business other than an adult motel or adult movie theater, there shall be no viewing of videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices, Internet sites or files transmitted over the Internet, or similar media characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in section 120.1-6 of this Code, while on the premises.

(6)

Adult merchandise shall be located in a separate room or other area inaccessible to persons under 18 years of age.

(7)

All owners, managers, employees and entertainers shall be at least 18 years of age.

(8)

The owner or operator shall install, operate and maintain a security camera and video tape system designed by a security specialist. Surveillance cameras shall continuously monitor all entrances, parking areas and all areas of the establishment where the adult business is conducted, except for the sleeping rooms of an adult motel. Such cameras shall provide clear imagery of the establishment's patrons and their vehicles. Tapes recording activities in the areas under surveillance shall be preserved for a period of four months. Authorized representatives of the Radford Police Department or the Radford Planning Office shall have access to such tapes upon request.

(9)

The owner or operator shall provide adequate lighting for all entrances, exits and parking areas serving the adult business, and all areas of the establishment where the adult business is conducted, except for the private rooms of an adult motel or the movie viewing areas in an adult movie theater. "Adequate lighting" means sufficient lighting for clear visual and security camera surveillance.

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

Virginia Code, § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of Virginia Code, § 15.2-2200 which encourages localities to improve the public health, safety, convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood.

In accordance with these directed provisions, this division is specifically adopted pursuant to the authority granted to localities by Virginia Code, § 15.2-2280.

The purpose of these provisions is to prevent: the loss of life, health, or property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(a)

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;

(b)

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;

(c)

Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage; and

(d)

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(Ord. No. 1731, 5-11-20)

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation means the Federal Emergency Management Agency designated one percent annual chance water surface elevation.

Basement means any area of the building having its floor sub-grade (below ground level) on all sides.

Board of zoning appeals means the board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this division.

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.

Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or flooding means:

(1)

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

a.

The overflow of inland or tidal waters; or

b.

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

(2)

The collapse or subsistence 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 flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)a. of this definition.

(3)

Mudflows which are proximately caused by flooding as defined in paragraph (2) of 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.

Flood insurance rate map (FIRM) means an official map of a community on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

Flood insurance study (FIS) means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined 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 a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Letters of map change (LOMC) means an official FEMA determination, by letter, that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

(1)

Letter of map amendment (LOMA) means an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.

(2)

Letter of map revision (LOMR) means a revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(3)

Conditional letter of map revision (CLOMR) means a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this division.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed one a site for greater than 180 consecutive days.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

New construction, for the purposes of determining insurance rates, means structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map on or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which start of construction commenced on or after February 12, 1979 of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

Special flood hazard area means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in section 120.1-122.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement 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 manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; 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. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure, for floodplain management purposes, means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 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 50 percent of the market value of the structure before the start of construction of the improvement. This 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 or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure 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.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Violation means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this division is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 1731, 5-11-20)

The zoning administrator is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator. The floodplain administrator may:

(a)

Do the work themselves. In the absence of a designated floodplain administrator, the duties are conducted by the city manager.

(b)

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

(c)

Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.

(Ord. No. 1731, 5-11-20)

The duties and responsibilities of the floodplain administrator shall include, but are not limited to:

(a)

Review applications for permits to determine whether proposed activities will be located in the special flood hazard area (SFHA).

(b)

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

(c)

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

(d)

Review applications to determine whether all necessary permits have been obtained from the federal, state, or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the state.

(e)

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the department of conservation and recreation (division of dam safety and floodplain management), and other appropriate agencies (VADEQ, USACE), and have submitted copies of such notifications to FEMA.

(f)

Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

(g)

Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if noncompliance has occurred or violations have been committed.

(h)

Review elevation certificates and require incomplete or deficient certificates to be corrected.

(i)

Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the City of Radford within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.

(j)

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

(1)

Flood insurance studies, flood insurance rate maps (including historic studies and maps and current effective studies and maps), and letters of map change; and

(2)

Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

(k)

Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

(l)

Advise the board of zoning appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(m)

Administer the requirements related to proposed work on existing buildings:

(1)

Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

(2)

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the noncompliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

(n)

Undertake, as determined appropriate by the floodplain administrator due to the circumstances, other actions which may include, but are not limited to: Issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under NFIP flood insurance policies.

(o)

Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Radford have been modified and:

(1)

Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

(2)

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to department of conservation and recreation (division of dam safety and floodplain management) and FEMA.

(p)

Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

(q)

It is the duty of the community floodplain administrator to take into account flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the Community, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(Ord. No. 1731, 5-11-20)

The floodplain administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

(a)

Where field surveyed topography indicates that adjacent ground elevations:

(1)

Are below the base flood elevation in riverine SFHAs, or below the one percent storm surge elevation in coastal SFHAs, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations;

(2)

Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the SFHA.

(b)

In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.

(c)

Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

(d)

Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

(e)

If a preliminary flood insurance rate map and/or a preliminary flood insurance study has been provided by FEMA:

(1)

Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.

(2)

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to section 120.1-124(a)(3) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

(3)

Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(Ord. No. 1731, 5-11-20)

These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the City of Radford and identified as areas of special flood hazard identified by the community or shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the City of Radford by FEMA.

(Ord. No. 1731, 5-11-20)

(a)

No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this division and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this division.

(b)

The degree of flood protection sought by the provisions of this division is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This division does not imply that districts outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages.

(c)

Records of actions associated with administering this division shall be kept on file and maintained by the zoning administrator in perpetuity.

(d)

This division shall not create liability on the part of the City of Radford or any officer or employee thereof for any flood damages that result from reliance on this division or any administrative [ ].

(Ord. No. 1731, 5-11-20)

The special regulations contained in this division regulating subdivision and/or development within the designated floodplain districts shall supersede and take precedence over any other ordinances or statutes as applied to land within such designated floodplain districts, except that any provisions of any other ordinances as related to land subdivision, development or use which are more restrictive than those contained in this division shall prevail.

(Ord. No. 1731, 5-11-20)

If any section, subsection, paragraph, sentence, clause, or phrase of this division shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this division. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this division are hereby declared to be severable.

(Ord. No. 1731, 5-11-20)

(a)

Any person who fails to comply with any of the requirements or provisions of this division or directions of the zoning administrator, building official or any other authorized employee of the City of Radford, Virginia shall be guilty of a misdemeanor of the first class and subject to the penalties therefore.

(b)

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this division. The imposition of a fine or penalty for any violations of, or noncompliance with, this division shall not excuse the violation or noncompliance to permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this division may be declared by the city council to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this division.

(Ord. No. 1731, 5-11-20)

The various floodplain districts shall include special flood hazard areas. The basis for the delineation of these districts shall be the flood insurance study (FIS) and the flood insurance rate maps (FIRM) for the City of Radford prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated June 19, 2020, as amended or revised.

(Ord. No. 1731, 5-11-20)

The boundaries of the special flood hazard area and floodplain districts are established as shown on the city's flood insurance rate maps which is declared to be a part of this division and which shall be kept on file at the City of Radford offices.

(Ord. No. 1731, 5-11-20)

(a)

Basis of districts.

(1)

The floodway district is in an AE zone and is delineated, for purposes of this division, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in Table 23 of the above-referenced FIS and shown on the accompanying FIRM.

The following provisions shall apply within the floodway district of an AE zone:

a.

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies, with the City of Radford's endorsement, for a conditional letter of map revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.

If section 120.1-124(a)(1)a. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 120.1-127.1.

b.

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met.

(2)

The AE, or AH zones on the FIRM accompanying the FIS shall be those areas for which one percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone where FEMA has provided base flood elevations:

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as zones AE, or AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Radford.

Development activities in zones AE, or AH on the City of Radford FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies, with the City of Radford endorsement, for a conditional letter of map revision, and receives the approval of the Federal Emergency Management Agency.

(3)

The A zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply:

The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one percent annual chance floodplain boundary has been approximated. Such areas are shown as zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus 18 inches.

During the permitting process, the floodplain administrator shall obtain:

a.

The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and

b.

If the structure has been floodproofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been floodproofed.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

(4)

The AO zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply:

a.

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.

b.

All new construction and substantial improvements of nonresidential structures shall:

1.

Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or

2.

Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c.

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

(b)

Overlay concept.

(1)

The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

(2)

If there is any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

(3)

In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(Ord. No. 1731, 5-11-20)

The delineation of any of the floodplain districts may be revised by the City of Radford where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

(Ord. No. 1731, 5-11-20)

A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the federal insurance administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

(Ord. No. 1731, 5-11-20)

Initial interpretation of the boundaries of any of the floodplain districts shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his, her or its case to the board and to submit technical evidence if desired.

(Ord. No. 1731, 5-11-20)

(a)

Permit requirement. All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code, and the subdivision ordinance of the City of Radford and other applicable regulations. Prior to the issuance of any such permit, the zoning administrator shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system.

(b)

Site plans and permit applications. All applications for development in the floodplain districts and all building permits issued in the floodplain shall incorporate the following information:

(1)

For structures to be elevated, the elevation of the lowest floor, including basement;

(2)

For structures to be flood proofed (nonresidential only), the elevation to which the structure will be flood proofed;

(3)

The elevation of the 100-year flood;

(4)

Topographic information showing existing and proposed ground elevations.

(c)

Manufactured homes. In zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements in section 120.1-128.1.

(d)

Recreational vehicles. Recreational vehicles placed on sites, if otherwise legally placed thereon, shall either;

(1)

Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or

(2)

Meet all the requirements for manufactured homes in section 120.1-127.1(3).

(Ord. No. 1731, 5-11-20)

In all special flood hazard areas the following provisions shall apply:

(a)

New construction and substantial improvements shall be according to the requirements outlined in this division, the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure.

(b)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(c)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(d)

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(e)

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(f)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(g)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(h)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(i)

Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this ordinance shall meet the requirements of "new construction" as contained in this division.

(j)

Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this division, shall be undertaken only if said nonconformity is not furthered, extended, or replaced.

(k)

Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the department of conservation and recreation (division of dam safety and floodplain management) and the Federal Emergency Management Agency.

(l)

The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(Ord. No. 1731, 5-11-20)

In all special flood hazard areas where base flood elevations have been provided in the flood insurance study or generated according section 120.1-124(a)(3), the following provisions shall apply:

(a)

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in zones A1-30, AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus 18 inches.

(b)

Nonresidential construction.

(1)

New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus 18 inches.

(2)

Nonresidential buildings located in all A1-30, AE, and AH zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus two feet are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the floodplain administrator.

(c)

Space below the lowest floor. For all new construction or substantially improved structures, enclosed areas below the lowest floor shall:

(1)

Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator).

(2)

Be constructed entirely of flood resistant materials below the base flood level plus 18 inches;

(3)

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

a.

Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

b.

The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.

c.

If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

d.

The bottom of all required openings shall be no higher than one foot above the adjacent grade.

e.

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

f.

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

(Ord. No. 1731, 5-11-20)

(a)

All subdivision proposals shall be consistent with the need to minimize flood damage;

(b)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(c)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

(d)

Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

(Ord. No. 1731, 5-11-20)

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

(1)

Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.

(2)

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain areas to an extent or amount of less than 50 percent of its market value shall conform to the VA USBC.

(3)

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the VA USBC.

(Ord. No. 1731, 5-11-20)

Variances shall be issued only upon:

(1)

A showing of good and sufficient cause;

(2)

After the board of zoning appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant; and

(3)

After the board of zoning appeals has determined that the granting of such variance will not result in:

a.

Unacceptable or prohibited increases in flood heights;

b.

Additional threats to public safety;

c.

Extraordinary public expense; and will not:

1.

Create nuisances;

2.

Cause fraud or victimization of the public; or

3.

Conflict with local laws or ordinances.

While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the board of zoning appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the one percent chance flood elevation.

(2)

The danger that materials may be swept on to other lands or downstream to the injury of others.

(3)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(4)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(5)

The importance of the services provided by the proposed facility to the community.

(6)

The requirements of the facility for a waterfront location.

(7)

The availability of alternative locations not subject to flooding for the proposed use.

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(10)

The safety of access by ordinary and emergency vehicles to the property in time of flood.

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

(12)

Such other factors which are relevant to the purposes of this division.

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in:

(1)

Unacceptable or prohibited increases in flood heights;

(2)

Additional threats to public safety;

(3)

Extraordinary public expense; and will not:

a.

Create nuisances;

b.

Cause fraud or victimization of the public; or

c.

Conflict with local laws or ordinances.

Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief.

The board of zoning appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the one percent chance flood elevation:

(1)

Increases the risks to life and property; and

(2)

Will result in increased premium rates for flood insurance.

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the federal insurance administrator.

(Ord. No. 1731, 5-11-20)

Pursuant to the general purposes of this chapter, the intent of the Riverfront Corridor Overlay District is to protect those areas of the city where human activities, left unrestricted, have a high potential for adversely impacting the environment and the safety and welfare of the public by accelerated soil erosion, reduced water quality, and generally inappropriate uses of land. The district includes lands which are included in the Radford Riverfront Plan. The Riverfront Corridor District is to promote and protect lands occupied by open space activities and minimal structural uses for specific purposes of providing recreation and open space uses, appropriate commercial, conservation of water and other natural resources, reducing soil erosion, reducing hazards from flood and for the production of food and fiber.

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

In addition to the uses permitted in the underlying Zoning Districts, the following uses and structures may be permitted in the Riverfront Corridor Overlay District, with an approved site plan.

(1)

Recreational support facilities, governmental, nonprofit, or commercial.

(2)

Facilities support the basic purposes of the Riverway, boating, hiking and biking and driving for pleasure by providing services to enhance the visitor's experience. Every proposed use shall require a site plan to be approved by the planning commission for public facilities. Projects proposed by nonprofit and commercial enterprises shall require a site plan along with a description of the business operations.

(3)

Itinerant vendors.

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

The site plan shall be developed using provisions of Article VIII of this chapter.

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

Before approving the site plan, the planning commission and others reviewing the site plan shall find:

(1)

The proposed site plan meets with the intent of the district;

(2)

The proposed site plan is in scale with the existing and planned developments;

(3)

The proposed project will enhance the city's Riverway area and the visitor's Riverway experience;

(4)

The proposed project supports the expansion of the tourism segment of the city's economy;

(5)

The proposed project is of the design that compliments the Riverway and other support facilities;

(6)

The proposer of the site plan shall show that the provisions of the FP (floodplain districts) are being met, including any required calculations;

(7)

Parking requirements shall be calculated based upon a calculation of requirements for the mix of uses proposed in the site plan with appropriate allowances made for sharing of parking facilities based upon operational requirements.

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

The following minimum yards (setbacks) shall be authorized for recreational support facilities:

(1)

Front yard—20 feet.

(2)

Side yard—Ten feet each side.

(3)

Rear yard—20 feet.

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

An approved site plan may propose clustering of uses, as long as the maximum residential density does not exceed 14 units per acre.

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

The circulation system shall be so designed to provide safe and convenient access to the uses proposed in the site plan and to the walkways, bikeways and other Riverfront facilities.

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

The application procedures shall conform to Article XI of this chapter.

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

(1)

Concept. Planned unit development (PUD) is a concept which encourages and permits variation in residential developments by allowing deviation in lot size, bulk or type of dwelling, density, lot coverage and open space from that required in any residential district set forth in this chapter. An approved planned unit development shall be construed as an overlay district, and as such shall be superimposed over other zoning districts established by this chapter and shown on the official zoning district map, which districts shall be known as underlying districts.

(2)

Purpose. The purpose of this division is to establish procedures and standards for planned unit developments in order that one or more of the following objectives may be attained:

(a)

Flexibility in design to take the greatest advantage of natural land, trees, historical and other features;

(b)

Accumulation of large areas of usable open space for recreation, preservation of natural amenities and provision of community facilities;

(c)

Creation of a variety of residential/compatible neighborhood arrangements that give the home occupant greater choice in selecting types of environment and living units;

(d)

Clustering of one dwelling type for better use of land and open space, as long as the density does not exceed the allowed density in the underlying district;

(e)

Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the city;

(f)

Efficient use of land which may result in reduction in development and maintenance costs of street and utility systems;

(g)

Establishments of criteria for the inclusion of compatible associated uses to complement residential areas within the planned unit development;

(h)

Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the city of proposed land use, site consideration, lot and setback consideration, public needs and requirements, and health and safety factors.

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

(a)

Primary residential uses. Single-family, single-family attached and multifamily dwelling units shall be permitted uses. No planned unit development shall be allowed which does not incorporate a variety of dwelling types; except that a one dwelling type planned unit development may be allowed if it does not exceed the density allowed in the district in which it lay immediately preceding its approval for planned unit development application.

(b)

Secondary nonresidential uses. Nonresidential uses of a religious, public or semi-public, cultural, recreational or commercial character shall be permitted uses. Such nonresidential uses shall be compatible with and secondary to the primary residential use. No building devoted primarily to a commercial use shall be built or established prior to completion of the primary residential buildings. The total area of commercial development shall not exceed five percent of the gross area of the planned unit development. Commercial uses shall include only uses permitted in the B-1 Limited Business District, when the underlying district is a single-family or multifamily residential district.

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

The gross density within a planned unit development shall be computed by dividing the total number of proposed dwelling units within the development by the total number of acres within the planned unit development site. The maximum gross density shall not exceed 14 units per acres unless higher density is allowed in the underlying district. Where one type of dwelling unit is involved, the density shall not exceed the allowed density in the underlying district.

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

A planned unit development which includes only one dwelling type shall contain a minimum of three contiguous acres of land. A planned unit development which includes a mix of dwelling types shall contain a minimum of 20 contiguous acres of land.

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

(a)

PUD with only one dwelling type.

(1)

The gross density (units per acre) shall not exceed that which is permitted in the underlying district prior to the PUD approval.

(2)

Minimum lot area requirements for single-family (unattached) dwellings shall be permitted to vary up to 25 percent from the requirements of the underlying district, as shown in the chart below. Lot area requirements for singe-family attached dwellings shall be as set forth in the R-3 District.

(3)

Yards shall conform to the existing underlying district requirements. Required buffer yards shall not be used to satisfy normal yard requirements.

(4)

Open space shall conform to the requirements of section 120.1-145 of this division.

(b)

PUD with a mix of dwelling types.

(1)

Minimum lot area requirements for single-family (unattached) dwellings may vary as set forth in subsection (a)(2) above. Lot area requirements for single-family attached dwellings shall be as set forth in the R-3 District.

(2)

When the underlying district is R-1, R-2 or R-3 Single-Family Residential, the PUD shall be permitted to contain the following mix of units with the bench marks established in subsection (b)(3) below.

a.

Not less than 45 percent of the area shall be developed for single-family (unattached) dwelling units.

b.

A maximum of 35 percent of the area may be developed for single-family attached units.

c.

A maximum of 20 percent of the area may be developed for multifamily dwelling units.

(3)

Bench marks for staging developments.

a.

Upon completion of at least 44 percent of the authorized single-family (unattached) units, the developer shall be permitted to begin developing not more than 57 percent of the proposed attached units.

b.

Upon completion of at least 66 percent of the authorized single-family (unattached) units, the developer shall be permitted to proceed with the remaining 33 percent of the attached units and begin up to 75 percent of the multifamily dwelling units.

c.

Upon completion of 100 percent of the authorized single-family (unattached) units, the developer shall be permitted to proceed with the remaining 25 percent of the multifamily dwelling units.

(4)

Open space shall conform to the requirements of section 120.1-145 of this division.

(c)

Certain underlying district. When a PUD is developed in an area with an underlying zoning district classification of R-4, R-5, B-2, B-3 or M-1, the developer shall not be required to conform to any particular mix of units, provided that the requirements of section 120.1-143 and subsection (b)(1) of this section shall be met.

(d)

Bufferyard requirements.

(1)

A bufferyard may be required by the city council if deemed necessary to protect the existing residential or the proposed residential development from existing or proposed adjoining uses.

(2)

A bufferyard may be used for passive recreation, and my contain pedestrian or jogging trails, provided that no required or existing planted material is eliminated, and the total required width of the buffer is maintained. In no event, however, shall the following uses be permitted in a bufferyard: ice skating rinks, playfields, ski hills, stables, swimming pools or tennis courts.

(3)

Bufferyards shall remain in the ownership of the developer until such time as they may be conveyed to the development's property owners' association or nonprofit corporation which controls the common open space and recreation facilities in the development.

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

(a)

Usable open space. The total usable open space within a planned unit development shall be not less than 20 percent of the gross acreage of the planned unit development. Usable open space shall be as defined in Article I of this chapter, provided that not more than 25 percent of the required percentage of usable open space shall be in the form of water surfaces or wetlands, and land that slopes greater than 20 percent shall not be counted as usable open space.

(b)

Community facilities. Recreation areas and facilities such as playgrounds, tennis courts, basketball courts, swimming pools and community buildings shall be provided which will meet the anticipated needs of the clientele that the planned unit development is designed to serve. Provision of separate adult and juvenile recreation areas is encouraged. At least one parcel designated for recreation use shall contain not less than 5,000 square feet. Additional recreational area of not less than 250 square feet shall be required for each acre over three within the PUD.

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

Structures within the planned unit development shall be connected to city water and sewer lines. All utility lines shall be placed underground, except for major electrical transmission lines. Adequate facilities for on and off-site drainage shall be provided, and adequate provision shall be made for utility and drainage easements.

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

The circulation system shall be so designed as to provide for safe and convenient access to dwelling units, open space, community facilities and other nonresidential areas within the planned unit development. Principal vehicular access points shall be designed to permit smooth traffic flow and minimum hazards to vehicular, bicycle and pedestrian traffic. The internal circulation system shall be adequate for vehicular, bicycle and pedestrian movement and shall be designed to discourage through traffic. Adequate access and circulation for emergency and service vehicles shall be provided.

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

(a)

Preapplication studies and conferences. Prior to the formal submission of a proposed planned unit development, the developer or his or her representative shall hold a conference with the zoning administrator or his or her authorized agent concerning the proposed development plans and submit unofficial preliminary studies of the concept of the proposed development for tentative review, comment and recommendations.

(b)

Application. After preapplication review as set forth in subsection (a) of this section has been completed, the developer may make formal application for the planned unit development. The formal application shall be submitted to the planning commission only after the applicant has provided all the information as set forth in subsection (c) of this section.

(c)

Contents of proposed plans. The following shall be the required information to be included in proposed plans for a planned unit development:

(1)

A proposed land use plan showing the use of each lot, tract or parcel within the development;

(2)

A proposed circulation plan showing circulation patterns of vehicular, pedestrian and other traffic;

(3)

A plan showing community facilities and usable open space;

(4)

A plat as required for preliminary plat approval Chapter 95 of this Code;

(5)

A plan showing existing and proposed utilities and drainage and easements for such;

(6)

A proposed site plan and landscape plan, including existing and proposed buildings and structures, existing trees with a caliper of eight inches or greater, proposed trees and landscaping, trees to be removed, topography with contour intervals of five feet or less, and other significant natural features;

(7)

Statistical or technical data as necessary to evaluate the total development, including but not limited to the following:

a.

Amount of land proposed to be used for public or semi-public uses such as churches, schools, and similar uses;

b.

Amount of land proposed to be set aside for recreational use and community facilities;

c.

Amount of land proposed to be set aside for streets;

d.

Amount of land in the floodplain and unusable land within the project boundary;

e.

Extent and nature of projected traffic;

f.

Proposed number of parking spaces per unit;

g.

Gross density of the planned unit development.

(8)

The name, title, and address of the planner, urban designer, architect or engineer who prepared the proposed plans.

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

Nothing in this division shall prevent the development of a planned unit development in stages or sections, provided that the following conditions are met:

(1)

The proposed stages or sections shall be delineated on the plans for the planned unit development. The first stage of any PUD shall be based on the underlying zoning classification.

(2)

All data as required in section 120.1-145 for the project as a whole shall be given for each proposed stage or section.

(3)

Each stage or section of a planned unit development shall conform to the plans for the planned unit development as approved or amended.

(4)

The gross densities of individual stages or sections recorded shall not vary by more than ten percent of the gross density approved for the total development, provided that in no case shall the gross density of the development as a whole be permitted to exceed that which was approved.

(5)

Each stage or section shall provide a minimum of 20 percent of the gross site area of that stage or section as usable open space. The planning commission may authorize up to ten percent variation from the required percentage of usable open space in any stage or section, so long as the total required percentage of usable open space for the planned unit development is met.

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

(a)

Preliminary review. No planned unit development shall be approved unless the plans for such shall have first been referred to:

(1)

The zoning administrator or his or her designee, who shall advise the planning commission whether the design concept of the plan is in conformity with the requirements of this division; and whether the proposed land use, circulation and community facilities plans are in harmony with all applicable elements of the city's comprehensive plan; and whether the development in general is based on logical and sound principles of community planning and design;

(2)

The director of public works or his or her designee, who shall advise the planning commission whether the utilities, drainage and other engineering features of the plan are in conformity with the relevant sections of this Code and in conformity with sound principles of engineering;

(3)

The city attorney or his or her designee, who shall advise the planning commission whether the association or nonprofit corporation documents are in compliance with the relevant sections of state law and this Code;

(4)

The traffic engineer or his or her designee, who shall advise the planning commission concerning the impact of the plan on surrounding public streets and traffic patterns.

(b)

Action by planning commission. Every planned unit development shall be submitted to the planning commission for its review and recommendation prior to consideration by the city council. The planning commission shall review the plans and other information relative to the planned unit development and zoning application, if any, in relation to the purposes and requirements outlined in this division and elsewhere in this chapter, and shall conduct a public hearing after giving notice in accordance with Code of Virginia, § 15.1-431, as amended. The commission shall forward its recommendation to the city council.

(c)

Action by city council. After the city council has received the recommendation of the planning commission as required in subsection (b) of this section, and after giving public notice and holding a public hearing in accordance with the requirements of Code of Virginia, § 15.1-431, as amended, the council shall approve or disapprove the proposed planned unit development. The council and the planning commission may hold a joint public hearing in accordance with the provisions of Code of Virginia, § 15.1-431, as amended.

(d)

Conformity with approved plans. After approval of a planned unit development, no building or structure shall be erected nor shall any building permit or other permit be issued nor shall any lots be sold from any plat nor shall any final plat be recorded, except in conformity with the approved plans for the planned unit development.

(e)

Designation on zoning map. The area of an approved planned unit development shall be noted on the zoning district map until such time as the planned unit development may be terminated in accordance with the provisions of section 120.1-154 of this division.

(f)

Fee. A fee of $250.00 shall be charged for processing each planned unit development application. Such fee shall be paid to the city treasurer at the time of submittal of the application.

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

The owner, or his or her representative, of an approved planned unit development may apply for amendment of approved plans for the planned unit development with regard to the concept of the plans or minor details thereof, subject to the following.

(1)

In the case of a proposed change of concept, action by the planning commission and approval of council shall be required, and the proposed amendment shall be subject to the procedures set forth in sections 120.1-148 through 120.1-150 of this division. Changes of density, land use, land area, usable open space area, type of community facilities, type of housing, method of management of common land and facilities and overall design layout shall be considered to be changes of concept.

(2)

In the case of a proposed change of minor details, the zoning administrator may approve such changes upon being presented with a written request along with necessary graphic and statistical information. Changes in location and design of structures, streets, parking, community facilities, landscaping, open space and utilities shall be considered to be changes of minor detail.

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

(a)

All common open space, properties and facilities shall be preserved for their intended purpose as expressed in the approved plan. The developer shall provide for the establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common open space, properties and facilities.

(b)

All privately owned common space shall continue to conform to its intended use and remain as expressed in approved plans through the inclusion in all deeds of appropriate restrictions to ensure that common open space is permanently preserved according to the approved plans. Such deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.

(c)

All common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and be constructed and fully improved by the developer at a proportionately equivalent or greater rate than the construction of residential structures. Noncompliance with this provision shall be cause for denial of further permits for development within the PUD.

(d)

The nonprofit corporation or association established to own and maintain common open space, properties and facilities shall conform to the following requirements, and the developer shall obtain the approval of the city attorney as to acceptability of incorporation documents.

(1)

The developer shall establish the association or nonprofit corporation prior to the final approval, recording and sale of any lot.

(2)

Membership in the association or nonprofit corporation shall be mandatory for all owners within the planned unit development, and the association or corporation shall not discriminate in its members or shareholders.

(3)

The association or nonprofit corporation documents shall set forth the purposes of the permanent organization under which common ownership is to be established, including; how it shall be governed and administered; the provisions made for permanent care and maintenance of the common property, including necessary bonds when required by the city; and the method of assessing the individual property for its share of the cost of administering and maintaining such common property.

(4)

The incorporation documents shall set forth the extent of common interest held by the owner of each individual parcel in the tract held in common with others.

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

All property in a planned unit development shall remain under single-entity ownership of a developer or a group of developers, and shall not be leased or sold unless provisions are made which ensure participation by the properties leased or sold in the retention and maintenance of common open space and community facilities in accordance with section 120.1-145 of this division. A certificate of compliance, indicating that such arrangements have been made, shall be issued by the zoning administrator prior to the sale or lease of the property by the developer. The zoning administrator shall not issue such certificate until he or she is satisfied that the provisions of this section are met.

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

(a)

If the present or any future owner of the planned unit development does not comply with the approved plans for the planned unit development, and after certification of such to the city council by the zoning administrator, the remaining undeveloped property shall revert to the underlying zoning classification and be subject to all requirements and restrictions of such underlying classification.

(b)

If no development pursuant to an approved planned unit development has begun within two years after the date of approval of the planned unit development by the city council, the approved planned unit development shall become null and void, and the regulations of the underlying zoning district shall be applicable to the property.

(c)

Prior to completion of a planned unit development, the owner of undeveloped portions of the planned unit development may file with the zoning administrator a certificate of intent to discontinue development of such undeveloped portions stating a date after such filing upon which such development shall be discontinued. The regulations of the underlying zoning district shall be applicable to such undeveloped property from the date specified in the certificate.

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

The Cluster Housing Overlay is created to encourage and allow flexibility in site design and lot arrangements for new single-family residential development in the City of Radford. This overlay allows a reduction in minimum lot size and frontage requirements from those required in the underlying single-family residential zoning districts. All cluster lot size reductions must be compensated for by the provision of an equal or greater amount of open space within the cluster housing development.

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

(1)

The Cluster Housing Overlay may be requested as a zoning overlay for any land within the City of Radford zoned R-2 or R-3 Residential Single-Family.

(2)

Single-family detached and attached dwellings shall be permitted within the Cluster Housing Overlay provided that a site plan has been approved by the planning commission.

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

Lot requirements within Cluster Housing Overlay shall be as specified in the underlying zoning district, with the following exceptions:

(1)

Minimum development size: Two acre.

(2)

Minimum lot size: 4,500 square feet.

(3)

Minimum frontage: 50 feet.

(4)

Minimum setbacks:

a.

Front yard: 15 feet;

b.

Side yard: Five feet;

c.

Rear yard: Ten feet.

(5)

Front yards that are adjacent to an existing public street, shall have a setback as specified in the underlying zoning district.

(6)

Side and rear yards that are adjacent to existing residential development, shall have the side and rear setbacks as specified in the underlying zoning district.

(7)

Open space: Minimum of 15 percent of development size, or one square foot of open space for each square foot of reduction in lot size below 9,000 square feet, whichever is greater.

(8)

Streets in a cluster housing overlay shall be public in accordance with VDOT and city standards.

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

Approval of a Cluster Housing Overlay shall be by special use permit as defined by Article IX of this chapter.

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