The regulations set forth in this article are additions or exceptions to, and qualify, supplement or modify, as the case may be, the regulations and requirements set forth in the district regulations contained in Article II of this chapter.

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

Every building or structure hereafter erected, constructed, reconstructed or moved and every use hereafter established shall be located on a lot of record as defined in Article I of this chapter.

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

More than one main building containing a permitted principal use may be located on a single lot when all lot area, yard, open space, yard between buildings and other applicable requirements of the district in which such lot is situated are met, except that no main building containing a single-family dwelling or a duplex dwelling shall be located on a lot with any other main building.

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

Every building or structure hereafter erected, constructed, reconstructed or moved and every use hereafter established shall be located on a lot having frontage on an improved public street or having access to an improved public street or having access to an improved public street by way of a private street or recorded easement which is of sufficient width and character to provide access for service and emergency vehicles and which is approved by the planning commission and city council in accordance to Article VIII of this chapter pertaining to site plans or other specific provision of this chapter.

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

Except as provided in section 120.1-168 pertaining to visibility at intersections, the following may be located within required yards:

(1)

Fences and walls:

a.

Fences and walls not exceeding four feet in height may be located within required front and street side yards.

b.

Fences and walls not exceeding six and one-half feet in height may be located within required side and rear yards.

c.

Fences and walls not specifically exempted by the provisions of this section shall be construed as structures, and shall be subject to all yard requirements.

(2)

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

(3)

Yard accessories. Poles, posts, similar customary yard accessories and ornaments, and permitted signs for which no specific yard requirement is specified elsewhere in this chapter, may be located within required yards.

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

(1)

Certain architectural features. Sills, belt courses, eaves, normal roof overhangs, chimneys, pilasters and similar architectural features of building may project into required yard at a depth no greater than 18 inches and a width no greater than 30 inches.

(2)

Uncovered porches, steps, etc. Uncovered porches, steps, landings, patios, decks and other similar building features may project not more than six feet into required yards, provided that such features do not exceed a height of 30 inches above the adjacent natural ground level, and provided that no such projection shall extend closer than two feet from any lot line. Covered building projections, and projections exceeding 30 inches in height shall be subject to all yard requirements.

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

(1)

Front and street side yards on corner lots. On a corner lot in any district in which a front yard is required, a front yard shall be provided along at least one street frontage, and street side yard of not less than the side yard requirement in the district, and in no case less than 15 feet, shall be provided along all other street frontages, provided that:

(a)

There shall be a front yard along any street frontage opposite the principal entrance to a dwelling use;

(b)

There shall be a front yard along the frontage on any street along which a front yard is required for an adjacent lot. The depth of such front yard shall be not less than the minimum required front yard on the adjacent lot or the actual front yard provided on the adjacent lot, whichever is less. For the purposes of this provision, an adjacent lot shall be deemed to be a lot which abuts or lies directly across an alley from the lot in question and which had frontage along the same street as the lot in question.

(2)

Rear yards on corner lots. Where more than one front yard is required on a corner lot, yards other than those along street frontages shall be considered side yards, and no rear yard shall be required. On a corner lot in the B-3 Central Business District, a rear yard as required in the district shall be provided opposite the lot frontage with the least dimension.

(3)

Front yards on through lots. On through lots, there shall be a front yard as required in the district along each street frontage, and no rear yard shall be required.

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

The required front yards and streets side yards set forth in the district regulations and elsewhere in this article are applicable adjacent to public streets having a right-of-way width of 50 feet or greater. The required depth of any front yard or street side yard along a public street having a right-of-way of less than 50 feet in width shall be increased by 25 feet from that which is stated in the district regulations or elsewhere in this article, and shall be measured from the centerline of the street right-of-way instead of from the right-of-way line.

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

Swimming pools, pool deck areas and tennis courts shall not be located within required front and side yards. A swimming pool, pool deck area or tennis court situated within 50 feet of adjacent property in a Conservation or Residential District shall be screened from view from such property by solid fencing or evergreen vegetative material not less than six feet in height.

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

On a corner lot in any district other than a B-3 Central Business District or an Industrial District, nothing that would materially obstruct the vision of operators of motor vehicles shall be erected, placed, planted or allowed to grow between the heights of 30 inches and eight feet above the grade of the intersection of the centerlines of the adjacent intersecting streets within the following described area:

A triangular shaped area on the ground bounded on two sides by the street lines abutting the lot, and bounded on the third side by a line joining points on said street lines 25 feet from the point of their intersection.

The purpose of this provision is to prohibit the planting of shrubbery or low trees or the construction of solid fences, walls or other structures that would block the visibility of on-coming vehicles to motorists at a street intersection. This provision shall not be applicable to public utility poles, official street sings, fire hydrants and other appurtenances, installed by a governmental agency for public safety purposes, or to tree trunks which do not materially impair visibility.

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

The height regulations set forth in this chapter shall not apply to church spires, belfries, cupolas, antennae, cooling towers, ventilators, chimneys, flues, solar energy equipment or similar appurtenances or mechanical structures attached to a building and not intended for human occupancy and containing no signs or other advertising matter. The height of permitted public buildings, churches (including church spires and belfries), broadcast and communication towers, windmills, water towers and fire towers may exceed the maximum height limit applicable in the district in which they are located or 48 feet, whichever is lower, provided that all required yards are increased a minimum of one foot for each one foot of building or structure height in excess of the height limit applicable in the district.

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

An accessory building shall be located on the same lot as the main building to which it is accessory, and the use of an accessory building shall be limited to purposes incidental and subordinate to the use of the main building on the lot.

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

No accessory building shall be used for dwelling purposes except by domestic employees or caretakers whose principal occupation is rendering services on the premises for benefit of persons who occupy or use the main building on the lot.

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

No accessory building shall be constructed or located on a lot until a building permit has been obtained, and no permanent accessory building shall be constructed until a permit for construction of the main building has been issued. No permanent accessory building shall be used, except for temporary storage or materials related to construction on the premises, until the main building is completed and a certificate of use and occupancy is issued.

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

(1)

Yard requirements applicable. Except as provided in this section, no accessory building shall be located within any yard required for the main building on the lot.

(2)

Location in rear yard. A building accessory to a single-family, single-family attached or duplex dwelling and not exceeding 12 feet in height may be located within a required rear yard, but not within five feet of any lot line.

(3)

Location in side yard. A building accessory to a single-family, single-family attached or duplex dwelling and not exceeding 12 feet in height may be located within a required side yard, other than a required street side yard, but not within five feet of any lot line. An accessory building attached to another accessory building on an adjoining lot shall not be subject to a side yard requirement along the intervening lot line.

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

Subject to the provisions of section 120.1-169, no accessory building shall exceed the height of the main building located on the lot, nor shall any accessory building exceed the maximum permitted height in the district in which it is located.

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

(1)

Area and density. Recreational vehicle parks shall contain not less than two acres in area. The maximum density within a recreational vehicle park shall not exceed 20 spaces per gross acre.

(2)

Recreational vehicle spaces. Individual recreational vehicle spaces shall be not less than 1,000 square feet in area and shall have dimensions of not less than 20 feet by 50 feet. Each space shall have frontage on a private roadway improved in accordance with applicable standards.

(3)

Yard, separation and buffer requirements. The following yard, separation and buffer requirements shall be applicable to recreational vehicle parks.

(a)

Individual recreational vehicle spaces shall be located not less than 20 feet from public street rights-of-way and exterior boundaries of the park.

(b)

No recreational vehicle shall be located within ten feet of another recreational vehicle or any roadway or structure within the park.

(c)

A landscaped buffer area of not less than 20 feet in width shall be provided adjacent to all exterior boundaries of a recreational vehicle park. Such buffer area shall not be occupied by any recreational vehicle space, building, structure, parking area, improved area for active recreation purposes, or roadway other than an approved means of access to an abutting public street. Along exterior boundaries abutting properties other than public streets, such buffer area shall include continuous opaque fencing or evergreen vegetative material not less than six feet in height with no openings to adjoining privately owned properties.

(4)

Recreation area. Every recreational vehicle park shall include within its boundaries areas for indoor and outdoor recreation facilities for common use by occupants of the park. Such areas shall in the aggregate consist of not less than 5,000 square feet, plus 100 square feet for each recreational vehicle space in excess of 20 spaces within the park. Recreation areas shall be suitably improved and maintained for active or passive recreation use, and may include space within activities buildings and facilities such as playgrounds, parks, swimming pools, game courts and similar facilities, but shall not include any area devoted to individual recreational vehicles spaces, parking areas or utility, maintenance or management facilities.

(5)

Improvements and general requirements. The following improvement requirements and other general requirements shall be applicable to recreational vehicle parks.

(a)

Street frontage. Every recreational vehicle park shall have frontage on and access to an improved public street.

(b)

Roadway improvements. All roadways within a recreational vehicle 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. The width of roadways shall conform to the standards for access aisle dimensions set forth in Article IV of this chapter.

(c)

Utilities. Every recreational vehicle park shall be served by public sewer and water facilities and storm drainage facilities installed in accordance with utility and storm drainage plans submitted with the site plan and approved in conjunction therewith.

(d)

Refuse facilities. Refuse containers of adequate capacity to meet the needs of all recreational vehicle spaces and common facilities shall be provided for the deposit and collection of refuse, and shall be so located or screened as not to be visible from public streets or adjoining properties.

(e)

Delineation of spaces. Each recreational vehicle 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.

(f)

Compliance with applicable state laws. Recreational vehicle parks shall be developed and maintained in accordance with the requirements of the Virginia Uniform Statewide Building code, the Virginia Campground Regulations and other applicable state laws.

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

No satellite dishes shall be located in any required front yard, street side yard or side yard or any lot in a Conservation or Residential District.

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

Outdoor lighting, when provided as accessory to any use or to illuminate any sign or similar device, shall be located, directed or shielded so as not to shine directly on nearby properties or to create a potential traffic hazard on adjacent streets as a result of glare or similarity to or confusion with traffic signals, warning lights or lighting on emergency vehicles. The exterior of a building, structure or portion thereof shall not be illuminated by outlining such with lights, except for temporary seasonal decoration purposes and except for purposes of illumination of display windows of retail stores and shops and restaurants.

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

The purpose of these requirements is to enhance the appearance and natural beauty of the city and to protect property values through preservation and planting of vegetation, screening and landscaping material. The requirements are intended to reduce excessive heat, glare and accumulation of dust; to provide privacy from noise and visual intrusion; to prevent the erosion of soil and the excessive runoff of water and the consequent depletion of the groundwater table and pollution of water bodies.

The provisions of this section shall apply to all new development and changes of use, other than single-family detached. The provisions of Subsections D and E shall not apply to areas within the boundary known as the "Central Business District."

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

(1)

Landscaping, trees and plant material shall be planted in a growing condition, according to accepted horticultural practices, and they shall be maintained in a healthy growing condition. Any landscaping, trees and plant material in a condition that does not fulfill the intent of these regulations shall be replaced by the property owner during the next planting season.

(2)

A screening fence or wall area shall be maintained by the property owner, in good condition, throughout the period of the use of the lot.

(3)

To the extent possible, existing trees, vegetation and unique site features shall be retained and protected. Existing healthy, mature trees, if properly located, shall be fully credited against the requirements of these regulations.

(4)

Trees shall be a minimum of six to eight feet in height, with a minimum circumference of 3.50 inches, immediately after planting. Trees shall reach an expected height of 25 to 35 feet at maturity. Trees shall be planted 25 to 35 feet on center depending on species.

(5)

Evergreen trees shall be a minimum of six feet in height immediately after planting.

(6)

Shrubs and hedges shall be a minimum of one to two feet in height immediately after planting.

(7)

Ground cover may include any plant material that reaches an average height of not more than 12 inches. Alternative materials may be used in lieu of grass, provided that they present a finished appearance and provide reasonably complete coverage at the time of planting.

(8)

Plants that restrict sight visibility at intersections of streets or driveways, such as tall shrubs or low branching trees should be avoided.

(9)

Where lot size, shape, topography or existing structures make it not feasible to comply with the provisions of this section, the zoning administrator may modify these provisions, provided that the alternate proposal will afford a degree of landscaping, screening and buffering equivalent to or exceeding the requirements of these regulations.

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

A front landscaped area shall be required for all duplex, multifamily and nonresidential uses, except for uses located in the Central Business District (B-3). The required landscape area shall be contiguous to the front lot line of the property and have an average minimum width of ten feet. The area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs. At a minimum, one tree and ten shrubs shall be planted within the front landscaped area for each 50 feet or fraction thereof of lot frontage. The purpose of the landscaping is to enhance the appearance of the use of the lot but not to negate access or screen the use from view.

(Ord. No. 1553, 5-14-07; Ord. No. 1589, 6-23-08)

A buffer area shall be required to separate and screen incompatible land uses from each other. A buffer area shall be required along all boundaries of a duplex, multifamily or a nonresidential lot abutting a less intensive use. Such buffer shall comply with the following minimum standards.

(1)

A buffer area shall be located within the boundaries of the subject property. The buffer may be located on abutting property, provided that the owners of all abutting properties agree in writing to the proposal. Agreement must provide stipulations for maintenance and upkeep, as deemed necessary.

(2)

The minimum width of the buffer area shall be as outlined in Table 1 below:

Table 1: Buffer Area Matrix

(3)

The buffer area shall consist of trees and shrubs of such a type, height, spacing and arrangement to effectively buffer the activity on the lot from the neighboring area. At a minimum, the planting shall consist of two trees and ten shrubs per 100 linear feet for five- to ten-foot buffers, five trees and 15 shrubs per 100 linear feet for 15- to 20-foot buffers and eight trees and 20 shrubs per 100 linear feet for 25-foot buffers.

(4)

An earthen berm, fence or wall of a location, height, design and material approved by the zoning administrator may be substituted for any portion of the required planting and/or buffer area. Fences and walls, if substituted, shall be constructed of materials congruous with the materials of the main building. Trees and shrubs shall supplement earthen berms, fences or wall areas.

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

(1)

Parking areas shall comply with the following minimum standards.

(a)

A landscaped area shall be provided along the perimeter of any parking area. The required landscaped area shall have a minimum width of five feet and shall be planted with two trees and ten shrubs per 100 linear feet of perimeter area.

(b)

Landscaped areas shall be provided at the ends of parking aisles and shall be planted with shrubs and/or trees.

(c)

The required number of parking spaces may be reduced by one parking space for each 180 square feet of interior planting area, greenspace or bikeway/walkway trail, not exceeding ten percent.

(2)

Parking areas with 100 or more parking spaces shall comply with following minimum standards.

(a)

All uses required to have 100 or more off-street parking spaces shall have at least five square feet of interior landscaping within the paved portion of the parking area for each parking space and at least one tree for every 25 parking spaces or fraction thereof.

(b)

Each interior landscaped area shall contain a minimum of 180 square feet and shall be planted with shrubs and trees.

(c)

A landscaped area shall be provided along the perimeter of any parking area. The required landscaped area shall have a minimum width of five feet and shall be planted with two trees and ten shrubs per 100 linear feet of perimeter area.

(d)

Interior landscaped area shall be spaced throughout the lot to reduce the visual impact of long rows of parked cars. At a minimum, landscaped areas shall be distributed approximately once every 25 spaces.

(e)

Landscaped areas shall be provided at the ends of parking aisles and shall be planted with shrubs and/or trees.

(f)

The required number of parking spaces may be reduced by one parking space for each 180 square feet of interior planting area, not to exceed ten percent.

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

(1)

Outdoor storage areas in industrial zones shall be screened from view of all residentially zoned land by a double row of evergreen shrubs or trees planted to form a continuous hedge of at least six feet in height within two years of installation.

(2)

Outdoor storage areas in business zones shall be screened from view of adjacent streets and from all residentially zoned land by a double row of evergreen shrubs or trees planted to form a continuous hedge of at least six feet in height within two years of installation.

(3)

Enclosed outside storage buildings of more than 1,000 square feet located in residential zones shall be screened by a double row of evergreen shrubs or trees planted to form a continuous hedge of at least six feet in height within two years of installation.

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

The following yard, separation and buffer requirements shall be applicable to manufactured home parks.

(1)

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.

(2)

No manufactured home shall be located within 15 feet of any other manufactured home or any roadway, common parking area or outdoor recreation area.

(3)

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.

(4)

A landscaped buffer area of not less than 25 feet in width shall be provided adjacent to all exterior boundaries of a manufactured home park. Such buffer area shall not be occupied by any manufactured home space, building, structure, parking area, improved area for active recreation purposes or roadway other than an approved means of access to an abutting public street. Along exterior boundaries abutting properties shall include continuous opaque fencing or evergreen vegetative material no less than six feet in height with no openings to adjoining privately owned properties.

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

All nonresidential uses shall screen from the view of public places and neighboring properties all mechanical equipment, such as, but not limited to, ground or mounted air conditioning units and pumps, through the use of features such as berms, fences, false facades or dense landscaping compatible with the site.

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

All new buildings and uses except for single-family and duplex dwellings shall provide facilities for the central storage of solid waste within the lot. Where such facilities are provided outside of the building they shall be screened from the adjacent property by an enclosure constructed of materials congruous with the materials on the exterior wall of the main buildings or must meet requirements of City Code section 44-27.

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

All areas of a developed lot not occupied by buildings, structures, pedestrian and vehicle circulation ways, off-street parking and outside storage shall be appropriately improved with ground cover, trees, shrubbery or mulch.

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

Radford "Signature Trees" include: Red October Maple, Sourwood, Eastern redbud and Foster Holly. It is encouraged that proposed development make use of these trees as often as possible. The following trees and shrubs by way of example but not by way of limitation are suitable for use in the Radford area.

(1)

Large trees (mature height 35 feet or greater and 35 feet spacing):

(2)

Medium trees (mature height 25 to 35 feet and 30 feet spacing):

(3)

Small trees (mature height less than 25 feet and 25 feet spacing):

(4)

Shrubs (mature height approximately 36 inches):

a.

Evergreen:

b.

Deciduous:

(5)

Screening plants (installation height six feet):

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

(1)

Developer's tentative plan for performing obligations. The developer shall file with his preliminary plat a written statement setting forth tentatively the manner in which he proposes to perform the obligations imposed upon him by this chapter. Contemporaneously with the approval of the preliminary plat, the agent and the zoning administrator shall specify the performance to be required of the developer and the obligations which the developer must assume. Such specifications accompanying the approval of the preliminary plat shall not constitute a binding legal obligation upon either party, but it shall constitute a general plan, as accurate as can then be determined, for the physical improvement of the subdivision and the extension of utilities therein.

(2)

Written agreement. Contemporaneously with the approval of the final plat by the city council, or as a condition to such approval, the developer shall cause to be prepared a proposed written agreement which specifies expressly and with particularity the obligations of the parties with respect to the subdivision's development, which shall be subject to the approval of and modification by the city attorney. The agreement, as approved by the city attorney, shall be executed by the developer and presented to the city council for its approval and execution on behalf of the city. In the event the city council determines that full compliance with the obligations imposed by this chapter should be waived, the council shall have discretion to prescribe which of the obligations imposed by this chapter shall be waived and which shall be performed by the city, the developer or both. The agreement shall clearly set forth those obligations to be performed in the future and the time within which they shall be performed. This and all parts of the agreement shall constitute a valid and binding contract for the mutual benefit of the parties and of future owners of an interest in land within the subdivision.

The agreement shall be in a form as prescribed by the city council. It shall be executed by the developer in proper person and by the mayor of the city, with the city's seal affixed and attested by the clerk, and acknowledged by both parties as deeds are required to be acknowledged. The agreement shall be presented to the clerk of the circuit court for recordation contemporaneously with the final plat, and there shall be appropriate notations of record providing a cross reference between the plat and the agreement to the end that the provisions of one document shall give notice to the public of the provisions of the other. The cost of preparing and recording the agreement shall be borne by the developer.

(3)

Security for performance. To assure the performance of such future obligation by the developer, he, she or it shall deposit with the city treasurer a sum of money equal to the cost of such performance, estimated as accurately as possible by the council and refundable if the agreement is fully performed by the developer. In lieu of the deposit of money, the developer may file with the city clerk an irrevocable letter of credit upon a banking institution approved by the city attorney, guaranteeing the payment to the city of an amount up to the sum of the estimated cost upon demand by the city manager which states that the agreement has been violated without any other conditions for payment. In lieu of either of the foregoing, the developer may submit to the agent a performance bond, in form approved by the city attorney, guaranteeing the performance of the developer's obligations and full payment of the costs therefore.

The irrevocable letter of credit, or the performance bond, as the case may be, shall be payable to the City of Radford. The bond shall be executed by the developer and shall have such surety approved by the agent. If an irrevocable letter of credit is tendered, the same shall be in such form as the city attorney approves, and shall be issued by an approved financial institution and executed on behalf of such institution by a duly authorized official. Compliance with the terms of this section shall be affirmatively set forth in the agreement required by section 18-23 of City Code.

Upon completion of performance of all obligations and acceptance thereof by the city, the city and the developer shall execute written evidence of such performance, which shall be executed, acknowledged and recorded in the same manner as the written agreement above mentioned. Such writing and acceptance shall be deemed to be an absolute conveyance by the developer to the city of all easements and utilities installed therein; provided, however, that the city attorney may require further or other deeds or conveyances of the same.

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

The purpose of this division is to establish general guidelines for the siting of communications towers and antennas. The goals of this division are to:

(1)

Protect towers and antennas;

(2)

Encourage the location of towers in nonresidential areas;

(3)

Minimize the total number of towers throughout the community;

(4)

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

(5)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(6)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(7)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently, but with due regard for the public health, welfare and safety; and

(8)

To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, due consideration must be accorded to the city's master plan, zoning map, existing land uses and environmentally sensitive areas in considering and acting upon requests for sites for the location of towers and antennas. The division is intended to comply with all applicable, federal and state regulations and statutes.

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

As used in this division, the following terms shall have meanings set forth below:

Alternative tower structure means clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Backhaul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

New tower means any tower for which an applicant has sought a permit hereunder and/or any tower the use of which has been abandoned or discontinued for a period of 90 days or as to which the intended use would create a different structural load.

Pre-existing towers and pre-existing antennas means any tower or antenna in being and in use prior to the effective date of this division, and for those for which a building or special use permit has been issued prior to the effective date of this division, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and support thereto and may be referred to as a "tower structure."

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

(a)

All towers and antennas. All towers or antennas in the City of Radford shall be subject to these requirements and regulations unless exempted as a pre-existing tower or antenna or otherwise expressly provided in this section.

(b)

Amateur radio station operators/receive only antennas. This division shall not govern any tower, or the installation of any antenna, that is (1) under 50 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is (2) used exclusively for "receive only" antennas.

(c)

Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this division, other than the requirements of section 120.1-193(f) and (g).

(d)

AM array. For purposes of implementing this division, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

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

(a)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(b)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(c)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, design, and existing use and available capacity of each tower. The zoning administrator may share such information with other applicants applying for approvals or special use permits under this division or other organizations seeking to locate antennas within the jurisdiction of the city provided, however, that the zoning administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(d)

Aesthetics. Towers and antennas shall meet the following requirements as related to aesthetics, provided, however, that the city may waive any of these requirements if it determines that the goals of this division are better served thereby:

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos.

(2)

At a tower or antenna site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings or structures.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(e)

Advertisement. No advertisement of any type may be placed on any tower, or on any accompanying facility, unless as part of refurbishing an existing sign. In no event shall any sign or advertisement be placed on any part or portion of any tower.

(f)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(g)

State or federal requirements. All towers must meet or exceed the current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this division shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless an earlier compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulation shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(h)

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and regulations and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes, regulations and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such codes, regulations and standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(i)

Measurement. For purposes of measurement, tower setbacks and separate distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

(j)

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this division and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(k)

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the zoning administrator.

(l)

Public notice. For purposes of this division, any special use request, variance request, or appeal of an approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Table 2 of section 120.1-197(1)(b), in addition to any notice otherwise required by the Zoning Ordinance. Such notice shall be given at least 14 and not more than 20 calendar days prior to any public hearing before the planning commission or city council. The cost of any such notice or the publication thereof shall be borne by the applicant.

(m)

Signs. No signs shall be allowed on an antenna or tower.

(n)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of section 120.1-200.

(o)

Multiple antenna/tower plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(p)

Permitted uses. The uses contemplated by this division of Article III of this chapter of the Radford City Code are applicable to and shall be exercised only in conformity with the requirement of this division and only in the following zoning districts:

B-1 Limited Business District;

B-2 General Business District;

B-3 Central Business District;

M-1 Restricted Industrial District;

M-2 General Industrial District.

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

(a)

The applicant for a building permit for the erection or placement of any tower or antenna shall provide a copy of the building permit application to the zoning administrator. Unless the information is already contained in the building permit application, the applicant shall also provide to the zoning administrator a scaled plan and scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The zoning administrator may require other information found necessary to assess compliance with this division of Article III. Additionally, applicant shall provide actual photographs of the site that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include the foreground, the mid-ground, and the background of the site.

(b)

The applicant shall provide to the zoning administrator a copy of its co-location policy, and shall provide written assurance that co-location of antennas or signaling equipment shall be permitted on the structure on a reasonable basis by other qualified users; provided, however, that a commitment for co-location shall not be required if co-location would interfere with the signals of the applicant or other users.

(c)

The zoning administrator shall approve or disapprove the application as soon as practicable, and in any event within ten business days after filing of the application. If the zoning administrator disapproves the application, the applicant may appeal first to the city manager (who must respond within ten days after filing) and if disapproval of the application is upheld, to the city council. Failure of the zoning administrator or city manager to respond within the period stated herein shall be deemed to be an approval. The city council, if the matter is appealed to it, may act at any regular or special meeting after the appeal is filed with the city clerk but in any event within 60 days of such filing. The action of the city council shall be final. "Filing" for the purpose of this subparagraph shall mean receipt by the zoning administrator, the city manager and/or the city clerk, as the case may be.

(d)

This division contemplates uses of towers and antennas subject to approval by the zoning administrator and consistent with the requirements for location herein specified, i.e.:

(1)

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or business zoning district.

(2)

Locating antennas on existing structures or towers consistent with the terms of subsection (3) below.

(3)

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the zoning administrator as an accessory use to any commercial or industrial structure, provided that:

1.

The antenna does not extend more than 30 feet above the highest point of the structure;

2.

The antenna complies with all applicable FCC and FAA regulations; and

3.

The antenna complies with all applicable building codes.

a.

The antennas on existing towers. An antenna which is attached to an existing tower may be approved by the zoning administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one signal carrier or user on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

1.

A tower which is modified to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the zoning administrator allows reconstruction as a monopole.

2.

Height.

i.

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's original height, to accommodate the co-location of an additional antenna.

ii.

The height change referred to in subsection i. may only occur one time per tower.

iii.

No modification in height shall occur if the additional height referred to in subsection 2.i. results in an additional distance separation as set forth in section 120.1-197. For the purpose of this subparagraph, the tower's remodification height shall be used to calculate any such additional distance separations.

(e)

New towers; engineer's certification; height restriction. New towers shall require a certification from a licensed professional engineer that the tower can structurally accommodate the number of shared users proposed by the applicant and a written determination by the zoning administrator that the tower is in conformity with the goals set forth in the preamble to this Division 8 of Article III and the requirements of section 120.1-191 and section 120.1-192 and other applicable requirements of this division. Any new tower also must satisfy the set back and separation distances required hereby and meet the following height and usage criteria:

(1)

For a single user, up to 90 feet in height;

(2)

For two users, up to 120.1 feet in height; and

(3)

For three or more users, up to 150 feet in height.

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

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the zoning administrator that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(a)

No existing towers or structures are located within the geographic area which meets applicant's engineering requirements.

(b)

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

(c)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(d)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(e)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(f)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

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

The following setback requirements shall apply to all towers for which a special use permit is required, provided, however, that the planning commission may reduce the standard setback requirements if the goal of this division would be better served thereby:

(a)

Towers must be set back a distance equal to at least 100 percent of the height of the tower from any adjoining lot line or line of any public utility easement. In addition, the set back must be such that should the tower collapse or fall in any direction it could not fall upon any improvement or cross any lot line or easement line.

(b)

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

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

The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the planning commission may reduce the standard separation requirements if the goals of this division would be better served thereby.

(1)

Separation distances.

a.

Tower separation shall be measured from the base of the tower to the lot line of the on-site uses and/or designated areas as specified in Table 2, except as otherwise provided in Table 2.

b.

Separation requirements for towers shall comply with the minimum standards established in Table 2.

Table 2: Tower Separation Distance

(2)

Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base pursuant to a site plan of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 3.

Table 3: Existing Towers Types

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

Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the planning commission may waive such requirements, as it deems appropriate.

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

The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the planning commission may waive such requirements if the goals of this division would be better served thereby:

(a)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound (including support buildings) from adjacent property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the tower compound.

(b)

In locations where in the determination of the planning commission, the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

(c)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the planning commission may determine the natural growth around the property perimeter may be sufficient buffer.

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

(a)

Equipment, storage cabinets and/or storage structures mounted on structures or rooftops. Any equipment, storage cabinet or storage structure used in association with antennas shall comply with the following:

(1)

If the equipment, storage cabinet or storage structure is located on the roof of a building, it shall not occupy more than 25 percent of the roof area, and shall not increase the total height of the existing structure by more than 50 percent.

(2)

Equipment, storage cabinets and storage structures shall comply with all applicable building codes.

(b)

Equipment, storage cabinets and/or storage structures located on towers. Unmanned equipment, storage cabinets or storage structures used in association with antennas shall not be larger than or consist of more than 100 cubic feet and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

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

Any antenna or tower that is not operated for a continuous period of 90 days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city notifying the owner of such removal request. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Nothing in this section shall be deemed to limit the city's recourse (legal or otherwise) against the owner of any such abandoned antenna or tower for removal of such antenna or tower. Any cost incurred by the city in removing such abandoned antenna or tower or in pursing any other remedy for such removal shall constitute a lien on the real estate of the owner of said antenna or tower.

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

(a)

Towers and antennas installed under division not expansion of nonconforming use. Towers that are constructed and antennas that are installed, in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.

(b)

Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this division.

(c)

Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding the foregoing, bona fide nonconforming towers or antennas that are destroyed or damaged may be rebuilt or restored, provided; however, that (1) the type, height and location of the tower onsite shall be of the same type and general design as the original facility; and (2) any building permit to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damage or destroyed. If no permit is obtained or if the said permit expires, the tower or antenna shall be deemed abandoned as specified in section 120.1-201.

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

If an applicant fails to erect, construct or install a tower or antenna within 12 months of the date the application is approved, the permits to do so shall stand revoked.

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

(a)

The various parts, sections and clauses of this division are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the division shall not be affected thereby.

(b)

The terms and provisions of this division shall, as concerning or relating to the subject matter hereof, take precedence over any other terms and provisions of this Chapter 120.1, Radford City Code, which may be in conflict herewith.

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

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

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

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

Bed and breakfast service shall be defined as the provision of money or other things of value for occasional overnight accommodations and meals to guests in private dwellings. The following are requirements under this division.

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

(1)

The intent is to afford a means of allowing, by special use permit, owners of single-family detached units to earn income by providing a bed-and-breakfast service while retaining the appearance of a single-family unit.

(2)

No more than eight guest sleeping rooms shall be utilized for any one bed-and-breakfast service. No cooking shall be allowed in guest rooms. Breakfast shall be the only meal served to guests. Owners of swelling units housing a bed-and-breakfast service shall keep a log of the names, addresses, number in party and dates of stay of each adult guest and unaccompanied minor guest. This log may be reviewed by, and on demand shall be temporarily given to, the city in an annual review process to ascertain intensity of the use and effect on the neighborhood of the bed-and-breakfast service.

(3)

One sign shall be permitted, with a size limit of two square feet on roads with a speed limit of 30 miles per hour or less and six square feet on roads with a speed limit greater than 30 miles per hour. Internally illuminated signs are not permitted. Externally illuminated signs shall meet requirements set forth in Article V of this chapter.

(4)

No bed-and-breakfast service shall be approved or continued in a dwelling unit where persons other than the owner or operator and his/her family are living or in a dwelling unit other than a detached single-family unit.

(5)

Structures shall not be altered in a way that changes its general residential appearance.

(6)

No receptions, private parties or similar activities shall be permitted unless expressly approved as part of the special use permit and necessary site plan.

(7)

A minimum of one parking spaces shall be provided for each guest bedroom and two spaces for the owner's portion of the dwelling.

(8)

The zoning administrator shall annually review the bed-and-breakfast service for consistency with this chapter. The planning commission and the city council specifically reserves the right to revoke the special use permit on a finding after notice and hearing that such use has become inconsistent with this chapter.

(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)

The following minimum standards are established in recognition that common-wall single-family dwellings on individual lots of record are a viable housing alternative to conventional detached single-family dwellings. These standards are intended to allow flexibility in unit arrangements, unit size and yard space, thereby allowing the creation of efficient and economical housing arrangements.

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

(1)

Applicants for townhouse developments shall submit a site plan in accordance with section 120.1-260 of this chapter. The submitted site plan shall be approved by the city prior to commencing development of the site. A final subdivision plat pursuant to the provisions of the Radford Subdivision Ordinance shall be approved prior to the sale of any townhouse lot.

(2)

The minimum development size for any townhouse development shall be 15,000 square feet. The maximum density of any townhouse development shall be ten dwelling units per acre.

(3)

All townhouse developments shall be served by public water and sewer.

(4)

Contiguous townhouse groupings shall contain a minimum of three units and a maximum of 12 units.

(5)

The facades of contiguous townhouses shall be varied by staggered front yards and variations in design and materials. No more than four abutting townhouses shall have the same front yard setback and the same architectural treatment of facades and roof lines. The front yard stagger, when required, shall be a minimum of two feet.

(6)

There shall be no minimum lot size for individual townhouse lots. However, each townhouse lot shall be of sufficient size and dimension to comply with the unit width and yard requirements of this section.

(7)

The minimum lot/unit width for any townhouse shall be 16 feet.

(8)

The minimum front yard setback, for any townhouse fronting on a public street shall be as specified in Article II, District Regulations.

(9)

When practical, all townhouses shall be arranged such that only the front or side of any unit shall face a public street. If site characteristics require that the backs of townhouses face a public street, then vegetative screening and shall be required per the provisions of this chapter. Such vegetative screening shall not be located in the required rear yard of any townhouse unit.

(10)

The minimum front yard setback for any townhouse unit fronting on any private drive, parking area, walkway or open space area intended for the common use of townhouse occupants shall be a minimum of 15 feet.

(11)

In addition to any buffer yard requirements as specified in Article II of this chapter, the minimum side yard for any contiguous townhouse grouping adjacent to property outside the townhouse development shall be 25 feet. Where a grouping of townhouses adjoins a private drive, parking area or walkway intended for the common use of the townhouse occupants, a side yard of not less than ten feet shall be provided.

(12)

There shall be a minimum rear yard of 25 feet for any townhouse unit.

(13)

A minimum 25-foot separation shall be provided between groupings of townhouse units. This minimum separation may be reduced to 20 feet if both facing walls contain no windows, doors or balconies, or the corners of adjacent buildings are at right angles to one another.

(14)

Required yards shall be free of all physical improvements except for the following:

(a)

Pedestrian walkways and sidewalks.

(b)

Privacy fences in rear yards.

(c)

Accessory buildings in rear yards. No accessory building shall exceed 100 square feet in size.

(d)

Driveways and parking.

(15)

The maximum height of any townhouse unit shall be three stories or 45 feet.

(16)

A homeowner's association shall be created for each townhouse development. The homeowner's association shall be responsible for the perpetual maintenance of all open space and common areas within the townhouse development.

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