The regulations of this article are intended to supplement the applicable zoning district regulations and the other development standards of this chapter in a manner that specifically addresses the unique development challenges of certain uses, facilities, and structures.

The supplementary regulations of this article shall apply to the uses, structures, and facilities as set forth in this article, shall apply in all zoning districts unless otherwise stated herein, and shall supplement the requirements of the applicable zoning district regulations and the other applicable standards of this chapter. The supplementary regulations are applicable to new development, redevelopment, or a change of use.

(a)

The standards listed as general standards shall apply in all zoning districts in which the use, structure, or facility is permitted by right or by special exception.

(b)

Where a specific zoning district is indicated, the standards listed shall apply to that zoning district, in addition to any general standards listed for the use, structure, or facility.

Editor's note— Ord. No. 43049, § 1, adopted September 16, 2024, repealed § 36.2-402, which pertained to accessory apartments and derived from Ord. No. 41173, § 1, 6-18-18; Ord. No. 42902, § 1, 3-18-24.

(a)

Applicability. Principal uses which are allowed by right or by special exception may include accessory uses and structures as defined in this chapter, provided such uses and structures are directly associated with and incidental to the principal permitted use, and provided they are designed and located in accordance with the provisions of this chapter. The supplemental regulations of this section shall apply, both generally and as specifically delineated within this section, to accessory uses and structures.

(b)

General standards.

(1)

An accessory use shall not include the conduct of trade unless permitted in conjunction with a permitted use.

(2)

An accessory use shall be located on the same lot as the principal use which it serves.

(3)

An accessory structure shall not be used for human habitation unless otherwise specifically permitted in this chapter.

(4)

An accessory use shall be subject to the same screening and buffering requirements of this chapter as may apply to the principal use.

(5)

Accessory buildings shall be subject to the maximum size and height standards below. These standards apply to any structure meeting the definition of a building in Appendix A of this chapter as well as unenclosed carports or similar shelters, aboveground pools, and any arbors or trellises exceeding the sizes listed in Section 36.2-410(c):

(A)

The footprint of any accessory structure shall not exceed seventy-five (75) percent of the building footprint of the principal building.

(B)

The cumulative structure footprint of all accessory structures on the parcel shall not exceed the footprint of the principal building.

(C)

The maximum height of any accessory structure shall be less than the height of the principal building. However, this maximum height shall not apply to any wind turbines, which are instead subject to the maximum heights specified in Section 36.2-403(m).

(6)

In any residential zoning district, a manufactured home, mobile home, trailer, camper, or motor vehicle, or portion thereof, shall not be used as an accessory structure for the purpose of storage or for any other accessory use.

(c)

Setbacks. Except for fences, walls, arbors, trellises, or outdoor light support structures, or as otherwise provided in this section, accessory structures, including refuse dumpster enclosures, shall be located no closer to any street than the principal building. Exceptions to this provision apply as follows but are not applicable to refuse dumpster enclosures:

(1)

In the case of any corner lot with more than two (2) street frontages or any through lot, such requirement shall apply to only one (1) street.

(2)

In the case of any corner lot with two (2) street frontages, such requirement shall not apply to a second front yard.

(d)

Amateur radio towers and antennas. Amateur radio towers and antennas shall be permitted by right as accessory structures in all zoning districts, subject to the following supplemental regulations:

(1)

Amateur radio towers and antennas shall not be subject to the maximum height regulations of the applicable zoning district, provided that in no case shall they exceed a height of seventy-five (75) feet above ground level;

(2)

Amateur radio towers and antennas shall comply with the yard requirements of the principal building; and such yard requirements shall apply to any guy wire supports as well as the radio tower and antenna;

(3)

Amateur radio towers and antennas, including any guy wires, shall be located no closer to the street on which the principal building fronts than the principal building; and

(4)

Amateur radio towers and antennas shall be dismantled and removed from the site within one hundred eighty (180) calendar days of the tower no longer being used.

(e)

Dumpsters or refuse containers. Where dumpsters or refuse containers for nonresidential uses are located on a lot which abuts a residentially zoned lot, such containers shall be located no closer than fifteen (15) feet to the abutting residentially zoned lot.

(f)

Electrical vehicle charging stations shall be subject to the following supplemental regulations:

(1)

Any electrical vehicle charging station shall provide and maintain a landscaping strip consisting of evergreen shrubs as defined further in Section 36.2-649, between the electrical vehicle charging station and the adjacent right-of-way. The trees and shrubs shall meet the minimum planting size as listed in Section 36.2-642.

(2)

Electrical vehicle charging stations will be permitted as an allowable encroachment into the front yard

(3)

While signage is allowable for individual charging stations, the maximum allowable sign area per bollard will be four (4) square feet.

(4)

Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting non-functioning equipment, malfunctioning equipment, or other issues regarding the equipment.

(g)

Outdoor recreation facility lighting or sports stadium lighting. Lighting for outdoor recreation facilities or sports stadiums, as permitted by this chapter, shall not be subject to the maximum height regulation of the applicable zoning district. The location, height, and aiming cutoff angles of light emissions for such lighting systems shall be established by special exception granted by the Board of Zoning Appeals. In addition to the standards set forth in Section 36.2-560(c), the Board of Zoning Appeals shall determine the appropriateness of such application for special exception for outdoor recreation facility or sports stadium lighting based on the following standards:

(1)

The lighting system minimizes the projection of light and glare beyond the property lines;

(2)

The mounting height of the lighting fixtures is appropriate to the application;

(3)

The light fixtures utilize internal or external shields, louvers, or similar devices to minimize the component of light above horizontal when luminaries need to be titled or aimed;

(4)

The mounting heights, spacing of poles, and aiming angles are designed to provide uniform illuminance as may be required for the safety of the participants on the field or court, while minimizing reflected light beyond the property; and

(5)

The mounting heights and aiming angles reduce glare in an adjacent, unintended, field of view and minimize light trespass beyond the property lines.

(h)

Parking structures. Parking structures may be located closer to the street than the principal building, but shall not be located in the required front yard.

(i)

Recycling collection points. Recycling collection points, where permitted as accessory uses by this chapter, shall be subject to the following regulations:

(1)

Where receptacles for recyclable materials are located outside of a building, they shall be located so as not to disrupt or interfere with on-site traffic circulation, required fire lanes or required parking, or required loading or stacking spaces.

(2)

A specific circulation pattern shall be established to provide safe and easy access to recycling receptacles. Adequate space shall be provided for the unloading of recyclable materials.

(j)

Solar energy systems shall be subject to the following supplemental regulations:

(1)

Solar energy systems located on the rooftop of principal or accessory buildings are exempt from these regulations and will not be included in the calculation for subsection (2), below. Rooftop mounted solar equipment, for the purpose of use determination, shall be considered as integral to the building itself and not subject to use restriction.

(2)

Solar energy systems that have square footages that exceed 50% of the square footage of the principal building on the property shall be considered a separate principal use of the property.

(3)

Solar energy systems shall not be located in the front yard, required or established.

(4)

Solar energy systems shall provide and maintain an 8' wide landscaping strip consisting of either existing vegetation or an evergreen tree screen, as defined further in Section 36.2-649, between the Solar energy system and any adjacent right-of-way or any adjacent residential or multi-purpose district. The trees shall meet the minimum planting size as listed in Section 36.2-642. Additionally, a fence meeting the requirements of Section 36.2-410 shall be installed around the perimeter of the solar energy system, and on the interior of the landscaped buffer strip.

(k)

Stables, private. Private stables, where permitted by this chapter, shall require a minimum lot area of two (2) acres for each horse in the stable.

(l)

Swimming pools and tennis courts. Swimming pools and tennis courts shall comply with the setbacks and spacing requirements for accessory structures as set forth in subsection (c) above.

(m)

Portable storage containers. Portable storage containers shall be permitted by right as accessory uses as set forth in the Use Tables in Article 3 of this chapter, subject to the following supplemental regulations:

(n)

Temporary family health care structures. Temporary family health care structures shall be subject to the following supplemental regulations:

(1)

Occupancy of the structure shall be limited to one (1) mentally or physically impaired person who, for the purposes of this section, shall be deemed to be a person who requires assistance with two (2) or more activities of daily living, as defined in Section 63.2-2200 of the Code of Virginia (1950), as amended, and as certified in writing by a physician licensed by the Commonwealth of Virginia;

(2)

The structure shall not exceed three hundred (300) square feet in gross floor area;

(3)

Placement on a permanent foundation shall not be permitted;

(4)

Only one (1) such structure shall be permitted on a lot; and

(5)

Any such structure shall be removed within thirty (30) days of such time as the mentally or physically impaired person is no longer receiving the assistance of a caregiver.

(o)

Wind turbines. Wind turbines shall be exempt from any height limitation for principal or accessory structures and shall be subject to the following supplemental regulations:

(1)

Commercial wind turbines.

(A)

Freestanding turbines shall use a monopole support that is designed to support itself without the use of guy wires or other stabilization devices.

(B)

The height of a freestanding turbine shall not exceed one hundred twenty (120) feet in overall height, including the blades.

(C)

The overall height, including the blades, of a roof-mounted turbine shall not extend more than sixty (60) feet above the roof of the structure on which the turbine is mounted.

(D)

Horizontal axis turbines shall have a maximum blade diameter of thirty (30) feet. Vertical axis turbines shall have a maximum blade diameter of thirty (30) feet and a maximum turbine height of thirty (30) feet.

(2)

Small wind turbines.

(A)

The turbine shall be mounted on a principal or accessory structure.

(B)

The height of the turbine, including blades, shall not extend more than twenty (20) feet above the roof of the structure on which it is mounted.

(C)

Horizontal axis turbines shall have a maximum blade diameter of fifty-four (54) inches. Vertical axis turbines shall have a maximum blade diameter of fifty-four (54) inches and a maximum turbine height of fifty-four (54) inches.

(Ord. No. 37633, § 7, 11-20-06; Ord. No. 37984, § 4, 12-17-07; Ord. No. 38237, § 3, 9-15-08; Ord. No. 38423, § 1, 4-20-09; Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14; Ord. No. 42205, § 1, 11-15-21; Ord. No. 43049, § 1, 9-16-24)

(a)

Applicability. In any district in which an adult use is permitted, if such use constitutes an "adult use" as defined in this section, the minimum requirements and standards set out in this section shall apply to such use.

(b)

Definitions. In this section, unless the context otherwise requires, the following words and terms are defined as set out below:

Adult entertainment establishment: An eating establishment, eating and drinking establishment, entertainment establishment, private club or similar establishment which features, on a regular basis, live performances involving persons who display specified anatomical areas or engage in specified sexual activities where such performances occur on more than one (1) day in a thirty-day period.

Adult bookstore: An establishment that devotes more than fifteen (15) percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: (a) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or (b) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen (15) percent of the total floor area of the establishment to the sale of books and periodicals.

Adult drive-in-theatre: An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" for observation by patrons.

Adult mini-motion picture theatre: An establishment, with a capacity of more than five (5) but less than fifty (50) persons, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Adult model studio: Any establishment open to the public where, for any form of consideration of gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution which meets the requirements established in the Code of Virginia (1950), as amended, for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

Adult motion picture arcade: Any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or specified "anatomical areas."

Adult motion picture theatre: An establishment, with a capacity of fifty (50) or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown; and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Adult use: Any adult bookstore, adult entertainment establishment, adult motion picture theatre, adult mini-motion picture theatre, adult motion picture arcade, adult model studio, adult drive-in theatre, or massage parlor, as defined in this subsection.

Massage parlor: Any establishment defined as a massage parlor by Section 21-135 of this Code.

Specified anatomical areas:

(a)

Less than completely and opaquely covered:

(1)

Human genitals, pubic region;

(2)

Buttock; and

(3)

Female breast below a point immediately above the top of the areola; and

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities:

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Acts of human masturbation, sexual intercourse, or sodomy; and

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(c)

Requirements and standards.

(1)

No adult use may be established within one thousand (1,000) feet of any other such adult use in any zoning district.

(2)

No adult use may be established within five hundred (500) feet of a residentially zoned district, or a school, educational institution, place of worship, public park, playground, playfield, or day care center.

(3)

The "establishment" of an adult use as referred to in this section includes the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or part, of an existing business to any adult use.

(Ord. No. 39495, § 1, 9-4-12)

(a)

Applicability. The supplemental regulations set out in this section shall apply to bed and breakfast, homestay, and short-term rental establishments permitted by this chapter as of right or by special exception.

(b)

Standards for bed and breakfast establishments in residential districts.

(1)

Such establishments shall be located on a lot on which a one (1) dwelling building is the principal use, although such establishments may be located within either the principal structure or an accessory structure, or both.

(2)

Changes made to the exterior of the building occupied by the bed and breakfast shall maintain the residential character of the building.

(3)

The owner of the one (1) dwelling building occupied by the bed and breakfast establishment shall reside in the dwelling.

(4)

No more than six (6) guest sleeping rooms shall be utilized for a bed and breakfast establishment and the number of guest occupants shall not exceed twelve (12).

(5)

Rooms shall be rented on a daily or weekly basis. Stays shall not exceed fourteen (14) days.

(6)

One (1) sign attached to the building shall be permitted. Such sign shall have a sign area not exceeding two (2) square feet and shall not be illuminated.

(7)

Only accessory uses or structures which are incidental and subordinate to a one dwelling building shall be permitted in conjunction with a bed and breakfast establishment.

(c)

Standards for bed and breakfast establishments in the MX and CN districts.

(1)

The owner or on-site manager shall reside on the property.

(2)

The establishment may have up to ten (10) bedrooms used exclusively for rent including guest sleeping rooms in detached accessory structures. A living room, dining room, or both shall be provided.

(3)

Rooms shall be rented on a daily or weekly basis. Stays shall not exceed fourteen (14) days.

(4)

The establishment may include a meeting hall as an accessory use.

(d)

Standards for homestay establishments.

(1)

Changes made to the exterior of the building occupied by the homestay shall maintain the residential character of the building.

(2)

The homestay shall have no more than two (2) bedrooms for guests and shall accommodate no more than four (4) total guests. No more than one (1) homestay shall be permitted per property.

(3)

Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed fourteen (14) days.

(4)

The owner or leaseholder shall also occupy the property during guest stays.

(Ord. No. 38423, § 1, 4-20-09; Ord. No. 40296, § 1, 7-6-15; Ord. No. 41173, § 1, 6-18-18; Ord. No. 41918, § 1, 11-16-20; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(a)

Applicability. The supplemental regulations of this section shall apply to any car wash permitted by this chapter, by right or by special exception.

(b)

Standards.

(1)

Stacking spaces and stacking lanes shall be subject to the requirements of Section 36.2-409, Drive-through facilities.

(2)

Discharge of wash water to the ground or storm drain system is prohibited.

(3)

A landscaping strip consisting of evergreen shrubs and deciduous trees as defined further in Section 36.2-649 shall be placed along any street frontage of the lot or portion of the lot housing the car wash. The trees and shrubs shall meet the minimum planting size as listed in Section 36.2-642.

(Ord. No. 39495, § 1, 9-4-12; Ord. No. 40710, § 1, 12-5-16)

Application for a zoning permit for a new or used commercial motor vehicle sales and service establishment shall require that the applicant submit a basic or comprehensive development plan in compliance with the following supplemental regulations:

(a)

A landscaping strip of a minimum depth of eight (8) feet shall be provided along any adjacent street right-of-way and shall be subject to the following requirements:

(1)

A minimum of one (1) evergreen or deciduous shrub, spaced at a rate of no greater than three (3) feet on center and with a minimum height at planting of twenty-four (24) inches, shall be planted in the required landscaping strip; and

(2)

The storage or display of motor vehicles within, upon, or in a manner which overhangs any portion of the required landscaping strip shall be prohibited.

(b)

Any display area in conjunction with commercial motor vehicle sales shall be limited to improved surfaces and shall be subject to the same construction standards set forth for off-street parking areas in Section 36.2-654(b). Under no circumstances shall a display area be located closer than five (5) feet to a side or rear property line.

(c)

A new or used commercial motor vehicle sales and service establishment shall require a minimum lot area of twenty thousand (20,000) square feet designated for such use.

(Ord. No. 38423, § 1, 4-20-09; Ord. No. 39495, § 1, 9-4-12)

(a)

Purpose. Establish standards for community gardens to ensure compatibility between these small-scale agriculture uses and other adjacent uses.

(b)

Applicability. The supplemental regulations set out in this [section] apply to all new community gardens and expansions of existing community gardens.

(c)

Standards.

(1)

Maximum lot area for a community garden shall be twenty thousand (20,000) square feet in all residential districts, except the RA District. The maximum lot area for a community garden shall be forty thousand (40,000) square feet in all other districts.

(2)

All sheds, greenhouses, shelters, and similar structures associated with a community garden shall be considered accessory to the garden and subject to the yard requirements for accessory structures in the base zoning district.

(3)

No accessory structure as identified in item (2) above shall be located closer to a street than the minimum front yard of the zoning district or the minimum front yard established by Section 36.2-313, when applicable. For corner lots, this requirement shall apply to only one (1) street frontage.

(4)

The maximum footprint of all accessory structures as identified in item (2) above shall be limited to ten (10) percent of the lot area of the community garden. The maximum size of any single accessory structure shall be limited to fifty (50) percent of the maximum footprint allowed. In no case shall the number of accessory structures exceed five (5).

(5)

In districts where signs are otherwise prohibited, a nonilluminated identification sign for a community garden, not exceeding eight (8) square feet in area and four (4) feet in height if freestanding, is permitted on each lot frontage in accordance with the provisions of Article 6 of this chapter.

(6)

Any outdoor lighting shall be less than or equal to eight (8) feet in height and shall be fully shielded or located, aimed, and shielded so as not to present glare on abutting lots or streets and to minimize spill light trespassing upward or across lot lines in residential districts.

(7)

When not otherwise permitted by the base zoning district, up to four (4) public events may be held during each twelve-month period.

(Ord. No. 39495, § 1, 9-4-12)

(a)

Purpose. The following standards for composting facilities are intended to allow for such operations to occur in an urban setting in a manner that promotes public safety and efficient operation by addressing the characteristics of the operation, duration of the operation and general compatibility with adjacent uses. The specific purposes of this section are to minimize the potentially negative impacts of composting operations including:

(1)

Identifying the types and quantities of material to be composted.

(2)

Identifying how the composted material will be used.

(3)

Identifying the process used for composting.

(4)

Ensuring proper management of dust, odor and runoff from the facility.

(b)

Standards.

(1)

All composting facilities shall comply with the Virginia Solid Waste Management Regulations including 9VAC20-81-310, et seq. including maintaining and implementing a suitable operations plan, managing runoff from the facility, proper storage/handling of material, and controlling the presence of animals that could transmit infectious disease or create a nuisance on nearby properties.

(2)

Operators of composting facilities shall update the facility operation plan and implement appropriate measures to address undesirable conditions including dust, air pollution (odors), leaks or spills, and presence of animals that could transmit infectious disease or otherwise present a nuisance to nearby properties.

(3)

Operators of a composting facility shall create, implement and maintain and odor management plan for the facility. The operator shall update the facility odor management plan to address undesirable air pollution (odors) from the operation.

(c)

An application for a special exception for a composting facility shall include the following:

(1)

A development plan showing the basic layout of the facility including composting vessels, wind rows or piles, storage/staging areas, features for managing runoff from or runon to the facility, setbacks to adjacent properties and structures.

(2)

Description of the types of materials to be composted and the method of composting (facility type and feedstock category as identified in 9VAC20-81-310).

(3)

Proposed use for composted material.

(4)

Amount of material to be processed per year and to be stored or handled on-site at any given time.

(5)

Method of transporting material to and from the facility.

(6)

Copy of the Operating Plan for the facility required by the state solid waste management regulations.

(7)

Odor management plan.

(d)

Final approval before start of operations. Prior to issuing a certificate of occupancy to establish a composting facility, the applicant shall provide documentation to the zoning administrator that a Virginia Department of Environmental Quality permit has been issued for the facility, when applicable.

(Ord. No. 41817, § 1, 7-20-20)

(a)

Applicability. The supplemental regulations set out in this section shall apply to child day care centers where permitted by this chapter.

(b)

Standards. The following standards shall apply to any day care not licensed by the Virginia Department of Social Services:

(1)

Floor area per child: All child day care centers shall provide a minimum of thirty-five (35) square feet of designated common floor area per child, for the total number of children to be accommodated at such day care center. The designated common floor area shall consist only of those areas in which children sleep, eat, receive instruction, or play, and shall not include offices, hallways, restrooms, kitchen areas, closets, or other storage areas. A floor plan, drawn to scale, identifying common floor area shall be provided as part of any application.

(2)

Outdoor play area: When an outdoor play area is provided, such play area shall be fenced to provide a safe enclosure.

(Ord. No. 38424, § 1, 4-20-09; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40710, § 1, 12-5-16)

(a)

Purpose. The following standards for drive-through facilities are intended to allow for such facilities in a manner that promotes public safety and efficient operation by addressing their unique challenges, such as the siting of the building, high volumes of traffic, vehicular access, and on-site circulation. The specific purposes of this section are to:

(1)

Minimize the negative impact of drive-through facilities created by additional traffic hazards from motor vehicles entering and existing the site;

(2)

Promote safer and more efficient on-site vehicular and pedestrian circulation;

(3)

Reduce conflicts between queued motor vehicles and traffic on adjacent streets; and

(4)

Minimize the negative impacts drive-through facilities create on abutting residential properties.

(b)

Applicability. The supplemental regulations of this section shall apply to any drive-through facility as permitted by this chapter.

(c)

Definitions. For the purposes of this section, the following words and terms are defined as set forth below:

Access: A way or means of approach to provide motor vehicle or pedestrian entrance to or exit from a property.

Access connection: Any driveway, street, curb cut, turnout, or other means of providing for the movement of motor vehicles to or from the street network.

Stacking lane: An area of stacking spaces and driving lane provided for motor vehicles waiting for drive-through service that is physically separated from other motor vehicle and pedestrian circulation on the site.

Stacking space: An area within a stacking lane for a motor vehicle waiting to order or finish a drive-through transaction.

(d)

Standards.

(1)

Drive-through facilities shall provide a minimum number of stacking spaces on site in accordance with the standards below:

(2)

Each stacking space shall be a minimum of twenty (20) feet in length and ten (10) feet in width along straight portions. Stacking spaces and stacking lanes shall be a minimum of twelve (12) feet in width along curved segments.

(3)

The minimum distance to any access connection for the site from the centerline of the final transaction window shall be forty (40) feet.

(4)

Stacking lanes shall be clearly identified and delineated from traffic aisles and parking areas by means of striping, curbing, landscaping, or the use of alternative paving materials or raised medians.

(5)

Entrances to stacking lanes shall be clearly marked and shall be located at a minimum of forty (40) feet from the intersection with the street. The distance shall be measured from the property line along the street to the beginning of the entrance. The entrance into the drive-through lanes shall not conflict with general access to the site.

(6)

Stacking lanes shall be designed so that they do not interfere with circulation both on site and on adjacent streets. Toward that purpose, stacking lanes shall be designed so they:

(A)

Do not impede or impair access into or out of parking spaces;

(B)

Do not impede or impair motor vehicle or pedestrian traffic movement;

(C)

Minimize conflicts between pedestrian and motor vehicular traffic with physical and visual separation between the two; and

(D)

Do not interfere with required loading and trash storage areas, and loading or trash operations shall not impede or impair motor vehicle movement. If separate stacking is curbed, an emergency by-pass or exit shall be provided.

(7)

Stacking lanes shall not enter or exit directly from or into a public right-of-way.

(8)

The intersection of stacking lanes and walk-in customer access shall be a minimum of twenty (20) feet from any access connections and transaction windows. Such intersections shall be provided with a crosswalk that uses alternative paving and striping and includes warning signage aimed at both the pedestrian and motor vehicle.

(9)

Speakers shall be located at least fifty (50) feet from the property line of any residentially zoned property.

(10)

Menu boards, which shall not count toward freestanding sign allocations set forth in Article 6, Division 6, shall be a maximum of fifty (50) square feet, with a maximum height of eight (8) feet.

(Ord. No. 37633, § 7, 11-20-06; Ord. No. 38423, § 1, 4-20-09)

These regulations for various dwelling types prescribe the form, location, and orientation of buildings containing dwellings in order to provide for compatibility within the context of neighborhood settings.

(a)

Accessory dwellings. These standards are intended to regulate number and size of accessory dwellings to ensure they are subordinate to the principal one (1) dwelling use to which it is accessory:

(1)

One (1) accessory dwelling may be established on a lot containing a new or existing one (1) dwelling building. An accessory dwelling is not subject to minimum lot area requirement for each dwelling nor the maximum number of dwellings per lot.

(2)

An accessory dwelling located in a detached accessory building shall be limited to eight hundred (800) square feet or eighty (80) percent of the gross floor area of the principal dwelling, whichever is less. The accessory building may contain other uses and shall otherwise be subject to the size and placement standards of 36.2-403.

(3)

The floor area of an accessory dwelling located within a principal building shall be no more than forty (40) percent of the gross floor area of the building. An exterior stairway or additional entrances, if created, shall be located on facades other than the primary façade.

(b)

Cottage Courts. A cottage court development is a grouping of attached or detached dwellings arranged and oriented toward an interior courtyard rather than toward a street frontage. Such development is appropriate for an interior or through lot subject to these standards:

(1)

Any single building façade facing a primary street shall be thirty-five (35) feet wide or less.

(2)

Permitted only on a lot with a minimum lot area of seven thousand (7,000) square feet.

(3)

At least two (2) buildings shall meet the maximum yard requirement of the district.

(4)

Window or door openings shall constitute at least fifteen (15) percent of façades facing the street frontage.

(5)

Limited to two (2) stories.

(6)

Dwelling units have a maximum gross floor area of one thousand (1,000) square feet.

(7)

Buildings may be located on unit lots within a zoning lot.

(8)

At least twenty (20) percent of the lot area shall be dedicated to a central courtyard. Each dwelling shall have a doorway fronting on the courtyard. Such courtyard shall have no motor vehicle access.

(9)

Any garage bay door facing a primary street shall be offset at least twenty-four (24) inches behind the front façade of the dwelling and the front door. An attached garage shall not make up more than thirty-three (33) percent of the front façade of the dwelling.

(c)

One (1) and two (2) dwelling buildings. These buildings are always oriented toward a street frontage. The following standards are provided to ensure compatibility with existing neighborhood contexts:

(1)

The primary façade width of one (1) and two (2) dwelling buildings shall be within twenty-five (25) percent of the average of the widths of such buildings on the same side of the same block.

(2)

Any garage bay door facing a primary street shall be offset at least twenty-four (24) inches behind the front façade of the dwelling and the front door. An attached garage shall not make up more than thirty-three (33) percent of the front façade of the dwelling.

(3)

Window and door openings shall constitute at least fifteen (15) percent of the primary façade and at least ten (10) percent of a secondary façade on a corner lot.

(4)

Where permitted by the district, a lot may contain multiple one (1) or two (2) dwelling buildings.

(d)

Single-façade apartment buildings. New and converted buildings oriented in a single mass with one (1) primary façade, and containing three (3) to eight (8) dwellings, shall be subject to these standards:

(1)

The maximum width of the principal façade of the building shall be one hundred twenty (120) percent of the average widths of other dwellings on the same side of the same block.

(2)

The building shall have one (1) entrance facing the primary front yard. No additional entrances shall face the primary front yard unless recessed at least four (4) feet behind the primary building façade.

(3)

Window and door openings shall constitute at least fifteen (15) percent of the primary façade and at least ten (10) percent of a secondary façade on a corner lot.

(4)

The front façade shall contain a front porch at least one-half (½) the width of the building width and at least eight (8) feet in depth.

(5)

An addition to an existing building shall be located on the rear or side of the building, except a porch may be added to the front of the dwelling. An addition to the side of a dwelling shall be set back from the dwelling's front face by twenty-four (24) inches or more.

(6)

No garage door may face a primary street frontage.

(e)

Multiple façade apartment buildings. New and converted buildings having a shape with multiple primary façades, and containing three (3) to eight (8) dwellings, shall be subject to these standards:

(1)

Each façade within the primary front yard shall not exceed one hundred twenty (120) percent of the average widths of other dwellings on the same side of the same block. Such façades shall be separated by at least twenty (20) feet.

(2)

Window and door openings shall constitute at least fifteen (15) percent of the primary façades and at least ten (10) percent of a secondary façade on a corner lot.

(3)

An addition to an existing building shall be located on the rear or side of the building, except a porch may be added to any street-facing façade.

(4)

An addition to the side of a dwelling shall be set back from the dwelling's front face by twenty-four (24) inches or more.

(5)

No garage door may face a primary street frontage.

(f)

Townhouse buildings. These standards provide additional controls on the scale, massing, and building placement to encourage compatibility within neighborhood contexts.

(1)

A row of townhouses in a townhouse building shall be limited to three hundred (300) feet or less.

(2)

The minimum width of a dwelling in a townhouse building is fifteen (15) feet.

(3)

No parking spaces or driveways shall be permitted between a public or private street and any principal building. Exception: Parking and driveways may be located between the street and the building under the following conditions:

(i)

Each townhouse dwelling is at least twenty-five (25) feet in width;

(ii)

The driveway is greater than ten (10) feet wide.

(iii)

The garage door is no greater than ten (10) feet wide.

(iv)

Driveways shall be located to minimize curb cuts.

(v)

Each townhouse dwelling may be located on a unit lot subdivided from the parent zoning lot.

(4)

Window and door openings shall constitute at least fifteen (15) percent of the primary façade and at least ten (10) percent of a secondary façade on a corner lot.

(Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(a)

Applicability. Fences, walls, arbors, and trellises shall be subject to the supplemental regulations of this section. For the purpose of this section, "walls" shall include decorative walls and walls intended as a buffer or screen. The supplemental regulations of this section shall not apply to retaining walls. The supplemental regulations of this section shall apply to freestanding trellises and arbors as well as trellises attached to fences.

(b)

Fence and wall standards.

(1)

No fence or wall that exceeds a height of 36 inches from graded ground level shall be permitted within a sight distance triangle.

(2)

No fence located in an area as set forth in subsections (A) and (B) below shall be a solid fence, unless otherwise required by this chapter. Lattice, open wire, or any other fence type with 25 percent or more open area shall be permitted.

(A)

On a lot with only one (1) lot frontage: Between the building line and the lot frontage; or

(B)

On a lot with more than one (1) lot frontage: Between the building line on which the principal entrance to the building is situated and the lot frontage which it faces.

(3)

The maximum height for fences and walls shall be based on the following schedule:

(4)

Provision of barbed wire and razor wire.

(A)

Barbed wire and razor wire are prohibited in all residential districts, except that barbed wire is permitted to contain animals associated with an agricultural operation in the RA District.

(B)

Barbed wire and razor wire may be used on top of any wall or fence in any multiple purpose district, industrial district or planned unit development provided that:

(i)

Such wall or fence is at least six (6) feet in height;

(ii)

That the barbed wire or razor wire is installed on arms or brackets extending from the top of such wall or fence inwardly over the private property or if projecting outwardly, that the arms, brackets and wire do not project over a public right-of-way or other public access;

(iii)

That not more than three (3) strands of barbed wire shall be so installed; and

(iv)

The first strand shall be at least six (6) inches from the face of the wall or fence.

(c)

Arbor and trellis standards.

(1)

The following setback requirements shall apply to any arbor, provided it shall be no greater than nine (9) feet in height, constitute no more than one hundred fifty (150) square feet, and each surface of the arbor shall be at least fifty (50) percent open.

(A)

Arbors may be located within any side or rear yard.

(B)

On a lot with only one (1) lot frontage, arbors shall not be permitted between the building line and the lot frontage, except that in the case of any lot with no principal building, an arbor shall not be located within the required minimum front yard of the applicable zoning district.

(C)

On a lot with more than one (1) lot frontage, arbors shall not be permitted between any building line on which the principal entrance to the building is situated and the lot frontage which it faces, except that in the case of any lot with no principal building, an arbor shall not be located within the required minimum front yard of the applicable zoning district.

(2)

A trellis may be located in any yard, provided it is no greater than nine (9) feet in height, six (6) feet in width, and three (3) feet in depth, and provided further that each surface of the trellis shall be at least fifty (50) percent open.

(3)

Any arbor or trellis which exceeds the dimensional standards of (1) and (2) above shall be subject to the setback and spacing standards set forth in Section 36.2-403, Accessory uses and structures.

(Ord. No. 38237, § 3, 9-15-08; Ord. No. 38424, § 1, 4-20-09; Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 41918, § 1, 11-16-20; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

(a)

Purpose. The following standards for fill and borrow sites are intended to allow for such activities to occur in an urban setting in a manner that promotes public safety and efficient operation by addressing the intensity of the operation, duration of the operation and general compatibility with adjacent uses. The specific purposes of this section are to:

(1)

Minimize the negative impact of fill or borrow sites created by the operation of heavy construction equipment;

(2)

Promote grading operations that are in keeping with surrounding topography/grade related to steep slopes or increased/decreased elevation/ground surfaces;

(3)

Minimize impacts of ongoing land disturbance/grading in proximity to other land uses, particularly residential or commercial uses;

(4)

Ensure that no waste materials are disposed at a fill or borrow operation; and

(5)

Ensure that during and upon completion of activity that the fill or borrow area is properly stabilized and graded to prevent ponding.

(6)

Provide additional criteria for evaluation of a special exception application for a fill sites in various zoning districts.

(b)

Applicability. The supplemental regulations of this section shall apply to any fill or borrow site as permitted by this chapter. Any new borrow or fill site and any substantial intensification of an existing borrow or fill site shall require approval by special exception. For purposes of this regulation, substantial intensification shall mean any of the following:

(1)

Exceeding the approved final grade of the site.

(2)

Extending the time period of the operation beyond the duration of the original approval, as applicable.

(3)

Expanding a temporary operation beyond the scope or time frame permitted as a temporary use.

(4)

Adding processing, screening or sorting of fill or borrow material beyond that approved by a special exception.

(c)

Additional considerations in review of applications for special exception applications for borrow or fill sites:

(1)

Multiple Purpose Districts and Airport District - Borrow or fill sites operated for a defined period of time to prepare a site for future development may be appropriate if impacts on nearby properties can be adequately mitigated.

(2)

Light and Heavy Industrial Districts and Residential Agriculture District - Long-term borrow or fill operations may be appropriate if impacts on nearby properties can be adequately mitigated.

(3)

Planned Unit Development Districts - The Board of Zoning Appeals may approve a special exception for a borrow or fill site under the following circumstances:

(A)

When a development plan has been approved for the property and the borrow or fill operation will occur for a defined period of time to prepare the site for development as proposed on the approved development plan.

(B)

When a development plan has not been approved and the borrow or fill operation will occur for a defined period of time to prepare a site for future development if impacts on nearby properties can be adequately mitigated.

(d)

Standards applicable to all fill or borrow sites.

(1)

Fill material may include clean soil, aggregate or inert material. Fill material shall not include any solid waste as defined by the Commonwealth of Virginia in 9VAC20-81-95 with the exception of using rocks, brick, block, dirt, broken concrete, crushed glass, porcelain, and road pavement as clean fill provided such activity does not create an open dump, hazard or public nuisance.

(2)

Each active borrow or fill site shall be shaped and sloped so that no undrained pockets or stagnant pools of water are created.

(3)

Borrow or fill sites shall be graded so that finished grades align with and blend into the surrounding topography. Fill and borrow sites shall not create unnatural peaks or basins.

(4)

The fill or borrow site and the access roads thereto shall be treated or maintained to prevent dust or debris from blowing or spreading onto adjacent properties or public streets. Depending on the anticipated intensity and duration of the activity and the character of the development of adjoining properties, the Zoning Administrator may require fencing and landscaping requirements consistent with Article 6 of this Chapter.

(5)

Fill or borrow sites using industrial-type power equipment shall be limited to the hours of 7:00 a.m. to 9:00 p.m., except in cases of a public emergency. The Board of Zoning Appeals may impose more restrictive time limits as part of the approval of a special exception.

(6)

No processing of material including separation, screening, crushing or sorting of material such as debris or potential waste material is permitted unless specifically approved as part of a special exception.

(7)

Storage of equipment and vehicles, except for equipment needed specifically to excavate, spread or compact soils, is prohibited.

(8)

Borrow or fill operations shall cease when the earlier of reaching approved final grade, end of associated construction activity, or the time period of a special exception, if applicable, is reached.

(9)

Reclamation of any borrow or fill site shall commence within seven days of completion of such operation, and be completed within 60 days of completion of the operation, or such later time authorized by the Zoning Administrator for reclamation activities of a seasonal nature. Reclamation shall include, but not be limited to, restoring the area so that it approximates natural contours; shaping and sloping the area to prevent ponding; covering the area with clean fill to a minimum depth of two feet in order to allow for permanent stabilization and reclamation; and establishing a permanent vegetative ground cover; provided that the Zoning Administrator may reduce the minimum depth of clean fill to one foot if the area is unlikely to be redeveloped.

(10)

Borrow or fill sites approved with a time limit or as a temporary activity shall have a development agreement that specifies the time limit and/or the project that the activity is associated with and that the borrow or fill operation will cease when that time limit or project ceases.

(Ord. No. 41817, § 1, 7-20-20)

(a)

Purpose. This section reconciles the interests of the City and residential neighborhoods relating to health, safety, traffic, and property values, with the economic interests and public needs relating to gasoline stations. This section addresses these concerns by establishing standards for canopies over the gas pump islands of any gasoline station and the buffering of residential districts.

(b)

Applicability. This section shall apply to any gasoline station permitted by this chapter.

(c)

Any gasoline station shall provide and maintain a street screen or landscaping strip along any adjacent street right-of-way subject to the following requirements:

(1)

A street screen shall be a minimum height of thirty (30) inches and maximum height of forty-two (42) inches, with vertical support posts of metal or masonry spaced at no more than eight (8) feet on center. Panels between supports shall be metal, masonry, or both. Metal elements shall be painted or coated and of rigid construction, with no members less than 0.25 inch. Exposed concrete block is not an acceptable finish.

(2)

A landscaping strip shall be of a minimum depth of eight (8) feet shall be planted with a minimum of one (1) evergreen or deciduous shrub, spaced at a rate of no greater than three (3) feet on center and having a minimum height at planting of twenty-four (24) inches, and

(3)

The storage of motor vehicles within, upon, or in a manner which overhangs any portion of the required landscaping strip shall be prohibited.

(d)

Standards in the CG. District. Any gasoline station located in the Commercial-General District (CG), shall be subject to the following standards:

(1)

Any canopy over a gas pump shall be subject to the following standards:

(A)

Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet, six (6) inches;

(B)

There shall be no illumination of any portion of the fascia of the canopy;

(C)

Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site;

(D)

The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and

(E)

Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached.

(e)

Standards in the CN and D Districts. Any gasoline station located in the Commercial-Neighborhood District (CN) or Downtown District (D), shall be subject to the following standards:

(1)

Any canopy over a gas pump island shall be subject to the following standards:

(A)

Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet, six (6) inches and a maximum overall height not to exceed sixteen (16) feet, six (6) inches;

(B)

There shall be no illumination of any portion of the fascia of the canopy;

(C)

Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site;

(D)

The vertical dimension of the fascia of such canopy shall be no more than two (2) feet;

(E)

No sign shall be attached to or on such canopy; and

(F)

Such canopy shall be set back a minimum of ten (10) feet from the street.

(2)

In the CN District, no more than four (4) fuel dispensing pumps shall be located on site.

(3)

In the CN District, fuel dispensers shall be located at least fifty (50) feet from the property line of any abutting residentially zoned lot.

(f)

Standards in the MXPUD District. Any gasoline station located in the Mixed Use Planned Unit Development District (MXPUD), shall be subject to the following standards:

(1)

The gasoline station shall not exceed ten (10) percent of the land area of the overall MXPUD zoned property.

(2)

Any canopy over a gas pump shall be subject to the following standards:

(A)

Such canopy shall have a maximum overall height not to exceed the principal building height;

(B)

There shall be no illumination of any portion of the fascia of the canopy;

(C)

Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site;

(D)

Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached.

(E)

Such canopy shall be located no closer than the principal building line to the primary street frontage.

(Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40710, § 1, 12-5-16; Ord. No. 40748, § 1, 1-17-17; Ord. No. 41173, § 1, 6-18-18; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

Editor's note— Ord. No. 40296, § 1, adopted July 6, 2015, repealed § 36.2-412, which pertained to group care facilities and derived from Ord. No. 39495, § 1, 9-4-12.

(a)

Purpose. The purposes of the home occupation supplemental regulations and performance standards of this section are to:

(1)

Establish criteria for the operation of home occupations in dwelling units;

(2)

Permit and regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner or renter-occupied;

(3)

Ensure that such home occupations are compatible with, and do not have a deleterious effect on, adjacent and nearby residential properties and uses;

(4)

Ensure that public and private services such as streets, sewer, water, or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use;

(5)

Allow residents of the community to use their residences as places to enhance or fulfill personal economic goals under certain specified standards, conditions, and criteria;

(6)

Enable the fair and consistent enforcement of these home occupation regulations; and

(7)

Promote and protect the public health, safety, and general welfare.

(b)

Applicability. Regulations of this section shall apply to all home occupations in any zoning district in which they are permitted as of right or by special exception. No home occupation, unless otherwise provided in this section, may be initiated, established, or maintained except in conformance with the regulations and performance standards set forth in this section.

(c)

Prohibited home occupations. The following uses shall be specifically excluded as home occupations or personal service home occupations: machine shop, welding shop, escort service, furniture refinishing or upholstery, sign making, and special trade contractors who are engaged in metalworking or cabinetmaking.

(d)

General standards for all home occupations. Any home occupation, including a personal service home occupation, shall be subordinate and incidental in both character and scale to the use of a dwelling unit for residential purposes. Home occupations shall not compromise the residential character of an area, shall not generate conspicuous traffic, shall not visually call unusual attention to the home, and shall not generate noise of a nonresidential level. There shall be no limit to the number of home occupations permitted per dwelling unit, provided that any home occupation, including a personal service home occupation, shall be subject to all of the following standards:

(1)

The home occupation shall be conducted entirely within the interior of the principal residential structure or within an accessory structure located on the same lot.

(2)

There shall be no change in the outside residential appearance of any structure for the purpose of the establishment of the home occupation.

(3)

There shall be no addition of parking spaces to accommodate the home occupation.

(4)

Home occupations shall not occupy more than a cumulative total of two hundred fifty (250) square feet of the finished floor area of any dwelling unit or accessory structure in which the home occupations are located.

(5)

There shall be no outdoor storage of goods, products, equipment, or other materials associated with the home occupation.

(6)

There shall be no display of goods, merchandise, or products visible from the street or any adjoining property.

(7)

No equipment or processes not normally associated with a dwelling unit or which cannot be accommodated on existing utility or standard electrical services shall be permitted.

(8)

No commercial motor vehicle shall be used, parked, or stored on the site in connection with the home occupation.

(9)

Mechanized equipment shall be used only in a completely enclosed building.

(10)

No equipment or process which generates dust, odors, noise, vibration, or electrical interference or fluctuation that is detectable beyond the property line or through common walls shall be used in a home occupation.

(11)

Deliveries related to a home occupation shall be limited to the United States Postal Service, parcel delivery services, and messenger services. The home occupation or personal service home occupation shall not involve the commercial delivery by tractor trailer of materials or products to or from the premises.

(12)

A home occupation shall comply with all local, state, or federal regulations pertinent to the activity pursued, and the requirements of or authorization granted by this chapter shall not be construed as an exemption from such regulations.

(13)

No sign may be placed on the property advertising the home occupation.

(e)

Specific standards for home occupations as permitted accessory uses. Home occupations, except those defined as personal service home occupations, shall be permitted as accessory uses as set forth in the Use Tables in Article 3 of this chapter subject to the general standards set forth in subsection (d), above, and the following additional standards:

(1)

No more than a total of one (1) person other than family members residing on the premises shall be engaged in or employed by such home occupations, regardless of the number of home occupations associated with the dwelling unit; and

(2)

No customer or client shall travel to the dwelling in connection with the home occupation.

(f)

Specific standards for personal service home occupations. Personal service home occupations shall be permitted as accessory uses as set forth in the Use Tables in Article 3 of this chapter subject to the general standards for all home occupations set forth in subsection (d), above, and the following additional standards:

(1)

No persons other than family members residing on the premises shall be engaged in or employed by such personal service home occupation.

(2)

Not more than one (1) separate entrance or exit to the residence or accessory structure solely for the purpose of the personal service home occupation shall be permitted. The creation of any such separate entrance shall not be permitted on the front façade of the residential dwelling.

(g)

Specific standards for certain types of home occupations.

(1)

Home occupations relating to landscaping or lawn services may operate as a home occupation if the home occupation is used only for office functions.

(2)

Home occupations relating to repair and service on motor vehicles, appliances, or similar goods, may operate as a home occupation, if the home occupation is used only for office functions.

(Ord. No. 37633, § 7, 11-20-06; Ord. No. 38423, § 1, 4-20-09; Ord. No. 39122, § 1, 5-16-11)

(a)

Purpose. For the purpose of promoting the public safety, health, and welfare and to protect public and private investment, the supplemental regulations of this section are intended to regulate and restrict the establishment, operation, and maintenance of junkyards, wrecker yards, and recycling centers.

(b)

Standards.

(1)

All junkyards and wrecker yards permitted by this chapter shall comply with Section 33.1-348, Code of Virginia (1950), as amended.

(2)

Junkyards, wrecker yards, and recycling centers established or expanded after the effective date of this chapter shall be located at least three hundred (300) feet from any residential zoning district or conforming residential use.

(3)

Any new junkyard, wrecker yard, or recycling center, and any substantial intensification of an existing junkyard, wrecker yard, or recycling center, shall require approval by special exception. For the purposes of regulating junkyards, wrecker yards, and recycling centers, "substantial intensification" shall mean the following:

(A)

Any geographic expansion of the facility; or

(B)

The addition of any shredding, grinding, baling, or packing equipment for the handling of scrap or salvage materials, or the replacement of any existing shredding, grinding, baling, or packing equipment for the handling of scrap and salvage materials.

(4)

An application for a special exception for a junkyard, wrecker yard, or recycling center shall provide the following:

(A)

A vicinity plan;

(B)

A description of natural features, including streams, rivers, lakes, wetlands, and major topographical features, located within three hundred fifty (350) feet of the site;

(C)

A description of the proposal and how it compares to land uses within three hundred fifty (350) feet of the site;

(D)

A description of any potential environmental hazard due to existing or proposed land uses, including soil, water, and air contamination;

(E)

A sound attenuation plan describing sources of sound and indicating conformance with all applicable sound and noise regulations;

(F)

A drainage plan for stormwater management and runoff; and

(G)

A traffic plan describing the number of truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility's traffic impact on the surrounding area.

(5)

No material shall be placed in a junkyard, wrecker yard, or recycling center in such a manner that it is capable of being transferred from the junkyard, wrecker yard, or recycling center by wind, water, or other natural forces. The loose storage of paper and the spilling of flammable or other liquids into streams or sewers shall be prohibited.

(6)

All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. Where necessary, this shall be accomplished by enclosure in containers, the raising of materials above the ground, separation of types of materials, preventing the collection of stagnant water, extermination procedures, or other means. Professional monthly exterminating services shall be required, and a log indicating the dates and findings of such professional services shall be maintained on the premises.

(7)

In addition to the requirements of subsections (1) through (6) above, a wrecker yard shall be subject to the following additional standards:

(A)

The lot area shall contain a minimum of twenty thousand (20,000) square feet;

(B)

There shall be no storage of a damaged or inoperative motor vehicle or trailer outside a wholly enclosed building for more than one hundred twenty (120) calendar days, unless documentation satisfactory to the Zoning Administrator is provided that such a damaged or inoperative motor vehicle or trailer is the subject of an ongoing law enforcement or insurance investigation or is the subject of a proceeding being pursued as expeditiously as possible by the wrecker service pursuant to Section 43-34, Code of Virginia (1950), as amended; and

(C)

Any parts removed from a damaged or inoperative motor vehicle or trailer shall be stored within a wholly enclosed building.

(Ord. No. 39495, § 1, 9-4-12)

Editor's note— Ord. No. 40710, § 1, adopted Dec. 5, 2016, repealed § 36.2-415, which pertained to mini-warehouses and derived from Ord. No. 39495, § 1, 9-4-12.

(a)

Purpose. The purpose of this section is to establish standards for densities and distribution of uses in mixed-use buildings and live-work units in a manner that provides for innovative, mixed use developments in compliance with the policies of the City's Comprehensive Plan.

(b)

Mixed-use buildings and live-work units. Mixed-use buildings and live-work units, as permitted by this chapter, shall comply with the following standards:

(Ord. No. 38953, § 1, 9-20-10; Ord. No. 39122, § 1, 5-16-11)

(a)

Applicability. This section applies to mobile homes on individual lots, where permitted by this chapter.

(b)

Standards. No mobile home shall be erected, installed, occupied, or sold in the City, except in accordance with the following:

(1)

A mobile home shall have a minimum width of nineteen (19) feet.

(2)

A mobile home shall be declared a permanently affixed dwelling and shall be subject to the yard requirements for a principal structure.

(3)

A mobile home shall have a two and one-half-inch in twelve-inch minimum pitch roof. The roof shall be covered with nonreflective materials, such as fiberglass shingles, asphalt shingles, or wood shakes.

(4)

A mobile home shall have the tow assembly and wheels removed, be mounted on and anchored to a permanent foundation, and be skirted in accordance with the Virginia Uniform Statewide Building Code.

(5)

A mobile home shall be covered with a nonreflective material customarily used on a site-built dwelling, such as lap siding, plywood, brick, stone, or stucco.

(6)

A mobile home site shall have a storage area enclosed on all sides, having at least three hundred (300) cubic feet and designed to store yard equipment and supplies. Such storage area may be attached or detached from the principal structure.

(a)

General standard. All painting or body repair activities associated with any motor vehicle or trailer painting and body repair establishment permitted by this chapter, as of right or by special exception, shall occur in a wholly enclosed building.

(b)

Additional standards in the CG and CLS Districts. In addition to the general standard set forth in subsection (a), above, a motor vehicle or trailer painting and body repair establishment in the Commercial-General District (CG) or the Commercial-Large Site District (CLS) shall be subject to the following regulations:

(1)

There shall be no outdoor storage of damaged motor vehicles or trailers, equipment, parts, or other materials; and

(2)

The minimum gross floor area of the building shall be not less than ten thousand (10,000) square feet.

(c)

Additional standards in the I-1 and I-2 Districts. In addition to the general standard set forth in subsection (a), above, a motor vehicle or trailer painting and body repair establishment in the Light Industrial District (I-1) or the Heavy Industrial District (I-2) shall be subject to the following requirements:

(1)

The lot area shall contain a minimum of twenty thousand (20,000) square feet;

(2)

The outdoor storage area shall be accessory to a building on the same lot and shall have a maximum area of no greater than eighty (80) percent of the gross floor area of the building.

(Ord. No. 38423, § 1, 4-20-09; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40296, § 1, 7-6-15)

(a)

General standards. Any motor vehicle repair or service establishment permitted by this chapter, regardless of zoning district, shall be subject to the following general standards:

(1)

All repair or maintenance activities shall occur in a wholly enclosed building;

(2)

The exterior display or storage of new or used motor vehicle parts is prohibited; and

(3)

Such establishment shall be limited to the incidental sale of up to five (5) repaired or rebuilt motor vehicles or trailers within one (1) calendar year at that location; however, the sale of repaired or rebuilt motor vehicles or trailers for the purpose of satisfying a lien for services rendered or parts supplied shall not be included in the total of such permitted incidental sales.

(b)

Additional standards in the CG, CLS, UF, UC, and D District. In addition to the general standards set forth in subsection(a), above, any motor vehicle repair or service establishment in the Commercial-General District (CG), Commercial-Large Site District (CLS), Urban Flex (UF), Urban Center (UC), or Downtown District (D) shall be subject to the following standards:

(1)

No repair or maintenance activities shall include the repair or maintenance of commercial motor vehicles; and

(2)

No repair or maintenance activities shall include any motor vehicle or trailer painting or body repair.

(Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

Application for a zoning permit for a new motor vehicle sales and service establishment shall require that the applicant submit a basic or comprehensive development plan in compliance with the following supplemental regulations:

(a)

A landscaping strip of a minimum depth of eight (8) feet shall be provided along any adjacent street right-of-way and shall be subject to the following requirements:

(1)

A minimum of one (1) evergreen or deciduous shrub, spaced at a rate of no greater than three (3) feet on center and having a minimum height at planting of twenty-four (24) inches, shall be planted in the required landscaping strip; and

(2)

The storage or display of motor vehicles within, upon, or in a manner which overhangs any portion of the required landscaping strip shall be prohibited.

(b)

Any display area in conjunction with motor vehicle sales shall be limited to improved surfaces and shall be subject to the same construction standards set forth for off-street parking areas in Section 36.2-654(b). Under no circumstances shall a display area be located closer than five (5) feet to a side or rear property line.

(c)

A new motor vehicle sales and service establishment shall require a minimum lot area of forty thousand (40,000) square feet designated for such use, except as provided in subsection (d), below.

(d)

A new motorcycle sales and service establishment shall require a minimum lot area of ten thousand (10,000) square feet designated for such use.

(Ord. No. 38423, § 1, 4-20-09; Ord. No. 39495, § 1, 9-4-12)

Application for a zoning permit for a used motor vehicle sales and service establishment shall require that the applicant submit a basic or comprehensive development plan in compliance with the following supplemental regulations:

(a)

A landscaping strip of a minimum depth of eight (8) feet shall be provided along any adjacent street right-of-way and shall be subject to the following requirements:

(1)

A minimum of one (1) evergreen or deciduous shrub, spaced at a rate of no greater than three (3) feet on center and having a minimum height at planting of twenty-four (24) inches, shall be planted in the required landscaping strip; and

(2)

The storage or display of motor vehicles within, upon, or in a manner which overhangs any portion of the required landscaping strip shall be prohibited.

(b)

Any display area in conjunction with motor vehicle sales shall be limited to improved surfaces and shall be subject to the same construction standards set forth for off-street parking areas in Section 36.2-654(b). Under no circumstances shall a display area be located closer than five (5) feet to a side or rear property line.

(c)

A used motor vehicle sales and service establishment shall require a minimum lot area of fifteen thousand (15,000) square feet designated for such use.

(Ord. No. 38423, § 1, 4-20-09; Ord. No. 39495, § 1, 9-4-12)

Outdoor display areas, where permitted by this chapter as accessory uses, shall comply with the following standards:

(a)

Such outdoor display area shall be located on the same lot as the principal use and shall be customarily incidental to the principal use;

(b)

Such outdoor display area shall be limited in square footage to fifteen (15) percent of the area of the principal building;

(c)

The maximum height of stacked displayed merchandise in such outdoor display area shall be limited to six (6) feet;

(d)

Such outdoor display area shall be furnished with a surface material such as asphalt or concrete; and

(e)

Merchandise shall not be placed or located so as to interfere with pedestrian or building access or egress, required vehicular parking and handicap parking, drive aisles, site access or egress, loading spaces or access thereto, public or private utilities, drainage systems, fire lanes, alarms, hydrants, standpipes or other fire protection equipment, or emergency access or egress.

(Ord. No. 40088, § 1, 10-20-14)

Where permitted by this chapter, outdoor storage shall comply with the following requirements:

(a)

Outdoor storage areas shall not be located in any required yard, in any area included in the calculation of required open space, or in any required off-street parking spaces, vehicular or pedestrian access, or landscaped areas.

(b)

Outdoor storage areas shall not be located closer to a public street than the primary building façade on the lot.

(c)

Outdoor storage areas in the Residential-Agricultural District (RA) shall not be located closer than one hundred fifty (150) feet to any lot line of adjoining property that is not within an RA District.

(d)

Outdoor storage areas shall be situated on an improved surface as identified in Section 36.2-654(b)(1) or on a gravel or similar surface. The Zoning Administrator may require a development plan including satisfactory specifications for a sub-base, and the size, tamping, and containment of gravel and documentation that dust will not be generated in an amount in excess of that which would be generated by a paved surface or permeable pavement system prior to approval. Outdoor storage areas associated with an agricultural operation in a Residential Agriculture, RA district, shall not be subject to the requirements of this subsection.

(e)

Storage of bulk material, including, but not limited to sand, gravel, mulch or soil shall be contained on site to prevent material deposition into or upon public or private streets or alleys, any adjacent properties, or storm drainage system or waterway. Such containment shall be shown on a development plan submitted to the Zoning Administrator for approval and shall be in place prior to commencement of the storage activity.

(Ord. No. 38423, § 1, 4-20-09; Ord. No. 38424, § 1, 4-20-09; Ord. No. 39495, § 1, 9-4-12; Ord. No. 41173, § 1, 6-18-18; Ord. No. 41817, § 1, 7-20-20)

No commercial motor vehicle shall be parked or left standing in a residential district for more than two (2) hours at any time except for:

(a)

School buses and emergency vehicles;

(b)

Vehicles being loaded or unloaded;

(c)

Vehicles belonging to or used by the occupant of a business premises, when the business premises constitute a legally nonconforming use;

(d)

Vehicles, the occupants of which are actually engaged in work on the premises;

(e)

Vehicles being used in connection with utility or street work; and

(f)

Tow trucks and roll back tow trucks which are on call on the city's towing list.

(Ord. No. 41173, § 1, 6-18-18)

(a)

A motor home, boat, truck camper, inhabitable bus, recreational vehicle, travel trailer, boat trailer, or other trailer may be parked or stored on a lot, but not inhabited for a period exceeding twenty-four (24) hours, in a residential district or in a CN or MX District, provided that such motor vehicle or equipment shall be:

(1)

Licensed for the current year;

(2)

Located no closer to any street than the principal building; and

(3)

Not over thirty-two (32) feet in length or nine (9) feet in height.

(b)

No motor home, boat, truck camper, inhabitable bus, recreational vehicle, travel trailer, boat trailer, or other trailer, not including a trailer which is used, designed, or maintained for the transportation of property for compensation or profit, shall be parked, stored, or left standing on any street or alley located in a residential district or in a CN or MX District, except for motor homes, recreational vehicles, or travel trailers which may be parked or left standing on such street or alley for up to but not exceeding ten (10) calendar days within any three-month period.

(Ord. No. 37633, § 7, 11-20-06; Ord. No. 39122, § 1, 5-16-11)

(a)

Purpose. The purpose of this section is to establish certain standards to address the impact of parking structures on the building bulk on a site.

(b)

Standards. All parking structures with frontages exceeding one hundred fifty (150) feet in length shall incorporate vertical or horizontal variation in setback, material, or fenestration along the length of the applicable façade, in at least one (1) of the following ways:

(1)

Vertical façades shall incorporate intervals of architectural variation at least every sixty (60) feet over the length of the applicable façade, utilizing one (1) or more of the following methods: varying the arrangement, proportioning, or design of garage floor openings; incorporating changes in architectural materials, including texture and color; or projecting or recessing portions or elements of the parking structure façade.

(2)

Horizontal façades shall be designed to differentiate the ground floor from upper floors, utilizing one (1) or more of the following methods: stepping back the upper floors from the ground floor parking structure façade; changing materials between the parking structure base and upper floors; or including a continuous cornice line or pedestrian weather protection element between the ground floor and the upper floors.

(Ord. No. 38424, § 1, 4-20-09)

(a)

Applicability. This section applies to any satellite dish antenna, except as follows:

(1)

An antenna that is used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, and is one (1) meter (3.28 feet) or less in diameter;

(2)

An antenna that:

(A)

Is used to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; and

(B)

Is one (1) meter (3.28 feet) or less in diameter or diagonal measurement;

(3)

An antenna that is used to receive television broadcast signals;

(4)

A mast supporting an antenna described in subsections (a)(1) through (a)(3) of this section;

(5)

A satellite earth station antenna that is two (2) meters (6.56 feet) or less in diameter and is located or proposed to be located in any commercial or industrial zoning district; or

(6)

A satellite earth station antenna that is one (1) meter (3.28 feet) or less in diameter in any area, regardless of land use or zoning category.

(b)

Location. A satellite dish antenna shall not be located or mounted:

(1)

In any front or side yard as may be required in any residential or commercial zoning district; or

(2)

On the roof or wall of a building which faces a public right-of-way.

(c)

Development plan approval. A satellite dish antenna shall require basic development plan approval.

(d)

Screening. Without restricting its operation, a satellite dish antenna located on the ground or on the top of a building shall be screened from view from streets.

(e)

Height. A satellite dish antenna located on the roof of a building shall be subject to the regulations for the maximum height of structures of the applicable district.

(Ord. No. 38423, § 1, 4-20-09)

Commercial stables, where permitted by this chapter, shall be subject to the following requirements:

(a)

A minimum lot area of five (5) acres shall be required; and

(b)

The stable shall not be located closer than three hundred (300) feet to any lot line of adjoining property not under the same ownership.

(a)

Applicability. Authorized temporary uses, including permitted locations, duration, and maximum number per calendar year, and whether or not a zoning permit is required, shall be as set forth in Table 429-1:

Table 429-1. Temporary Uses

(b)

Construction-related activities and temporary government or public services facilities.

(1)

Temporary structures are permitted in connection with the site of building and land development or redevelopment, as set forth in Table 429-1. Such building and land development or redevelopment shall include grading, paving, installation of utilities, building construction, and the like, and such structures may include offices, model home offices, construction trailers, and storage buildings, as well as portable storage containers and construction refuse containers.

(2)

Refuse containers on construction sites shall be subject to the following requirements:

(A)

No construction refuse container may impede pedestrian or vehicular access to and from adjoining properties or otherwise create an unsafe condition for pedestrian and vehicular traffic;

(B)

Every construction refuse container shall clearly identify the owner of such dumpster and telephone number and shall be clearly labeled for the purpose of containment of construction materials only; and

(C)

Every construction refuse container shall be emptied when full so as not to create an unsightly or dangerous condition on the property resulting from the deposit, existence, and accumulation of construction materials.

(3)

The use of an off-site property as a receiving area (fill site) or as source area (borrow site) for soil material generated from or needed at a construction site may be considered a temporary activity provided that off-site property is used solely for the specific construction project (not used by other projects as a borrow or fill site for other projects).

(4)

Temporary government or public services facilities. Temporary government or public services facilities, such as mobile classrooms, mobile offices, emergency shelters are permitted during an emergency or while a permanent facility is under construction to provide essential public services.

(c)

Outdoor retail sales.

(1)

This subsection shall apply to any temporary outdoor retail sales activity, except for the following uses which shall be exempt from the regulations of this subsection: mobile food vendors in the Downtown District (D), mobile food vendors intended for job and construction sites, and mobile ice cream vendors; the sale of goods as part of a neighborhood fair or other special event which has an approved zoning permit; and produce stands, Christmas tree sales, fireworks stands, or temporary uses regulated elsewhere in this section.

(2)

A temporary outdoor retail sales display shall be permitted as set forth in Table 429-1, provided that:

(A)

The sales activity is incidental to the principal use;

(B)

The sales activity is conducted by an on-site tenant who sells similar or related merchandise;

(C)

The temporary outdoor retail sales display area shall not encroach into a public right-of-way and shall not utilize required parking or loading spaces; and

(D)

Temporary retail sales activities shall be prohibited on vacant property.

(d)

Portable storage containers. The provisions of this section shall apply to the placement, location, erection, or relocation of any portable storage container, except as provided in Section 36.2-429(b) or for those portable storage containers which are permitted as accessory uses as set forth in the Use Tables in Article 3 of this chapter. Portable storage containers shall be permitted as temporary uses as set forth in Table 429-1, subject to the following additional standards:

(1)

The following standards shall apply to any portable storage container permitted as a temporary use by this chapter:

(A)

The placement of any portable storage container on a lot shall be permitted only upon issuance of a zoning permit;

(B)

Portable storage containers shall not be permitted on any lot that does not contain a principal building;

(C)

Portable storage containers shall be permitted only for storage purposes as an accessory use to the principal use of the lot on which such container may be located;

(D)

Portable storage containers shall not be connected to any utilities;

(E)

No more than two (2) signs may be displayed on any portable storage container, and such signs shall be limited to identification of the supplier of the container and the supplier's phone number; and

(F)

The vertical stacking of portable storage containers and the stacking of any other materials or merchandise on top of any portable storage container shall be prohibited.

(2)

In addition to the general standards set forth in subsection (1) above, portable storage containers in the residential districts (RA, R-12, R-7, R-5, R-3, RM-1, RM-2, RMF), MX District, and MXPUD District shall be subject to the following regulations:

(A)

No more than one (1) portable storage container shall be allowed on a lot, and such container shall be permitted only in connection with a construction, rehabilitation, or restoration activity on the lot, or a relocation to or from the property;

(B)

No portable storage container shall have dimensions greater than sixteen (16) feet in length, eight (8) feet in width, and eight and one-half (8½) feet in height; and

(C)

A portable storage container shall be located on the lot which contains the principal use it serves, but in no case shall such container be located within a required buffer yard.

(3)

In addition to the general standards set forth in subsection (1) above, portable storage containers in the CN, CG, CLS, I-1, I-2, D, IN, ROS, AD, INPUD, IPUD, UF, and UC Districts shall be subject to the following regulations:

(A)

One (1) or more portable storage containers may be permitted per zoning lot per zoning permit;

(B)

No portable storage container shall be located closer to a street than the principal building;

(C)

No portable storage container shall be placed or located on, or block access to, a required parking space, circulation aisle, or fire access lane, or cause a visual obstruction to pedestrians or motor vehicles leaving or entering the property; and

(D)

No portable storage container shall be located closer than five (5) feet to any side or rear lot line, but in no case shall such container be located within a required buffer yard.

(e)

Public events. For purposes of this section, a "public event" means an event, series of events, or organized activities for a historical, social, educational, cultural, or special theme, held for a limited period of time and open to the public. Temporary public events shall include, without limitation, carnivals, festivals, exhibits, outdoor dance, fundraisers, fairs, and concerts. Camping areas for tents and recreational vehicles may be established on properties within one thousand (1,000) feet of the public event for the duration of the public event. Public events, including associated temporary structures such as tents, shall be permitted as set forth in Table 429-1, except that:

(1)

The following public events shall be exempt from the requirements of a zoning permit:

(A)

Events that use no tents or air-supported structures that:

(i)

Cover an area greater than nine hundred (900) square feet; or

(ii)

Have an occupant load greater than fifty (50) persons.

(B)

Events that use no temporary structures greater than one hundred twenty (120) square feet in area;

(C)

Events that are accessory in nature to the primary use of the property on which the event is being held;

(D)

Events that do not use amusement devices requiring a building permit; and

(E)

Events lasting four (4) days or less.

(2)

A temporary structure, including any tent, may be permitted to remain on site for a period of not more than two (2) calendar days following the time period for which the zoning permit for the temporary public event is issued;

(3)

Adequate provision shall be made for utility services; and

(4)

Such public event shall not occur between the hours of 2:00 a.m. and 6:00 a.m.

(f)

Temporary, Short-Term Filling, Grading or Borrow Operation. For purposes of this section a "Temporary, Short-Term Filling, Grading or Borrow Operation" means any activity that noticeably changes the grade on property and is not associated with development activity on that parcel. All Temporary Filling, Grading or Borrow Operations shall be subject to the supplemental regulations found in Section 36.2-410.1.

(g)

Yard or garage sales. For purposes of this section, a "yard or garage sale" means a public sale at a dwelling at which personal items belonging to the residents of the dwelling are sold. Yard or garage sales shall be permitted as set forth in Table 429-1, provided that:

(1)

Items purchased elsewhere expressly for resale at a yard or garage sale shall be prohibited; and

(2)

Goods intended for sale shall not be stored or displayed in the front or side yards of a dwelling except on the day of the sale.

(Ord. No. 37633, § 7, 11-20-06; Ord. No. 38237, § 3, 9-15-08; Ord. No. 38423, § 1, 4-20-09; Ord. No. 38424, § 1, 4-20-09; Ord. No. 39122, § 1, 5-16-11; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40710, § 1, 12-5-16; Ord. No. 41817, § 1, 7-20-20; Ord. No. 41918, § 1, 11-16-20; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

Towing services permitted by this chapter shall be subject to the following standards:

(a)

The lot area designated for the towing service use shall contain a minimum of twenty thousand (20,000) square feet;

(b)

There shall be no outdoor storage of any damaged or inoperative motor vehicles or trailers for a period exceeding one hundred twenty (120) calendar days, unless documentation is provided that is satisfactory to the Zoning Administrator evidencing that such a damaged or inoperative motor vehicle or trailer is the subject of an ongoing law enforcement or insurance investigation or is the subject of a proceeding being pursued as expeditiously as possible by the towing service pursuant to Section 43-34, Code of Virginia (1950), as amended.

(Ord. No. 38423, § 1, 4-20-09; Ord. No. 39495, § 1, 9-4-12)

Editor's note— Ord. No. 43049, § 1, adopted September 16, 2024, repealed § 36.2-431, which pertained to townhouses and rowhouses and derived from Ord. No. 37633, § 7, 11-20-06; Ord. No. 39495, § 1, 9-4-12; Ord. No. 42902, § 1, 3-18-24.

(a)

Purpose. The purpose of this section is to promote the health, safety, and general welfare of the public by establishing standards for the location and construction of wireless telecommunications facilities and broadcasting towers. The provisions of this section are intended to:

(1)

Regulate the siting of wireless telecommunications facilities and broadcasting towers in a manner that allows for a range of locations, subject to clear buffering, safety, and compatibility standards;

(2)

Minimize the impacts of wireless telecommunications facilities and broadcasting towers on public safety, the natural environment, and surrounding properties by establishing standards for location that encourage broadcast services and personal wireless services providers to locate their facilities, to the extent possible, in areas where the adverse impact on the community is minimal;

(3)

Encourage the location and collocation of wireless telecommunications equipment on existing structures thereby minimizing public safety impacts, the effects upon the natural environment and wildlife, reducing the need for additional antenna-supporting structures or towers, and minimizing adverse visual impacts;

(4)

Accommodate the growing need and demand for wireless telecommunications services;

(5)

Encourage coordination between providers of wireless telecommunications services;

(6)

Protect the character, scale, viability, and quality of life of the residential districts of the City by establishing certain reasonable standards on the placement of wireless telecommunications facilities;

(7)

Respond to federal and state policies regarding equity among service providers for installation of various types of telecommunication facilities;

(8)

Establish predictable and balanced regulations and review procedures governing the construction and location of wireless telecommunications facilities and broadcasting towers to ensure that applications for such facilities are reviewed and acted upon within a reasonable period of time; and

(9)

Provide for the removal of discontinued antenna-supporting structures.

(b)

Applicability.

(1)

The regulations set forth in this section shall apply to all new and replacement wireless telecommunications facilities and broadcasting towers permitted by this chapter, including installations on property or on public right-of-way.

Exception: the installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from a zoning permit which is otherwise required by Section 36.2-522.

(2)

No modification to increase the height, size, type, or location of any existing wireless telecommunications or broadcasting tower or associated facilities, excluding antennas, shall be made unless such modification results in the full compliance of the tower and facilities with all of the requirements of this chapter.

(3)

A substantial change to a wireless telecommunications facility shall require a special exception unless located in a PUD or I-2 zoning district.

(4)

A substantial change to a wireless facility in a PUD district shall require amendment of the PUD development plan.

(5)

Eligible facility requests for expansion, maintenance or equipment removal shall be subject to the provisions of Sections 36.2-432(d)(5) and 36.2-432(e).

(6)

Wireless telecommunications facilities and broadcast towers requiring a special exception or identification on a PUD development plan are subject to the provisions of Sections 36.2-432(d)(2) and 36.2-432(e) General Standards.

(7)

The standards set forth in this section shall not apply to any antenna or tower that is less than seventy-five (75) feet in height and is owned and operated by a citizens band radio operator or federally licensed amateur radio operator or is used exclusively for receive only antennas.

(c)

Definitions. The words, terms, and phrases used in this section shall be defined as set forth in this subsection. For the purposes of this section, to the extent of any inconsistency between the definitions set forth below and the definitions in Appendix A, the definitions provided in this subsection shall control.

Ancillary appurtenance: Equipment associated with a wireless telecommunications facility or broadcasting tower including, but not limited to, antennas, attaching devices, transmission lines, and all other equipment mounted on or associated with such facility. Ancillary appurtenances do not include equipment enclosures.

Antenna: Any apparatus, or group of apparatus, designed for transmitting or receiving electromagnetic waves that includes, but is not limited to, telephonic, radio, or television communications. Antennas include dish antennas, panel antennas, whip antennas, or similar devices used for broadcast, transmission, or reception of radio frequency signals, but do not include satellite earth stations. For purposes of this section, a reference to an antenna does not include the tower.

Antenna, flush-mounted: An antenna that is attached flush to an antenna-supporting structure, without the use of sidearms or other extension devices. Flush-mounted shall mean that protrusions from the face of a pole are no greater than one-half (½) the diameter of the pole itself and in no case greater than twelve (12) inches.

Antenna, roof-mounted: An antenna that is attached to the surface of a roof or to the parapet or penthouse.

Antenna, surface-mounted: An antenna that is attached to the surface or façade of a structure other than an antenna-supporting structure.

Antenna, whip: A cylindrical, omni-directional antenna designed to transmit or receive signals in a three hundred sixty (360) degree pattern.

Base station: An existing structure, such as a building or utility pole, that currently supports or houses a wireless telecommunications facility. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.

Collocation: The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.

Concealment: Method of camouflaging, enclosing or locating wireless telecommunications facilities to minimize visual impact. Concealment includes elements of a stealth facility as defined in this section, flush mounting antennas on a tower or base station, enclosing antennas within a tower or base station, small cell equipment placed on an existing base station or tower, locating antennas on a roof within ten (10) feet of the top of parapet, not projecting beyond the parapet, or other concealment as identified or conditioned as part of a special exception, conditional rezoning or on a development plan for a planned unit development.

Eligible facilities request: Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(i)

Collocation of new transmission equipment;

(ii)

Removal of transmission equipment; or

(iii)

Replacement of transmission equipment.

Eligible support structure: Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the State or local government under this section.

Equipment enclosure: An enclosed structure, cabinet, or shelter located at the base of or near a wireless telecommunications facility or broadcasting tower within which is housed batteries, electrical equipment, or other equipment necessary for the transmission or reception of wireless telecommunications signals. Such equipment within the enclosure is generally connected to the antenna by cable.

Existing: A tower or base station is existing if it has been approved according to the regulations in effect at the time of construction.

FAA: Federal Aviation Administration.

FCC: Federal Communications Commission.

Ground equipment: support equipment including power supply, equipment boxes, equipment enclosures, etc., typically located on the ground surface as part of a wireless telecommunications facility.

Height: The height of a wireless telecommunications facility, or broadcasting tower, measured as set forth in Appendix A. The height of a wireless telecommunications facility or broadcasting tower includes all antennas and other ancillary appurtenances. Where overall height requirements set forth in this section conflict with those set forth in Section 36.2-205(k) or the height regulations for the applicable zoning district, those set forth in this section shall govern.

Micro-wireless facility: A type of stealth wireless telecommunication facility that is not larger than twenty-four (24) inches long, fifteen (15) inches wide, and twelve (12) inches high, and has an exterior antenna, if any, not longer than eleven (11) inches.

Personal wireless service: Commercial mobile services (which includes cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, data, and paging), unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996. Personal wireless service does not include broadcasting or amateur radio operations.

Provider: Any business, corporation, partnership, or other entity licensed by the FCC to provide wireless services in the City of Roanoke, Virginia.

Radio frequency emissions: Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna-supporting structure, building, or other vertical projection.

Roofline: In the case of a flat or pitched roof, the uppermost line of the roof of a building; and in the case of a parapet, the uppermost height of the parapet.

Satellite earth station: Any device or antenna, including associated mounting devices or antenna-supporting structures, used to transmit or receive signals from an orbiting satellite, including television broadcast signals, direct broadcast satellite services, multi-channel multipoint distribution services, fixed wireless communications signals, and any designated operations indicated in the FCC Table of Allocations for satellite services.

Site: For towers other than towers in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

Small cell facility: A type of stealth wireless telecommunication facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) cubic feet or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet, and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Small cell facility, on existing structure: A small cell wireless telecommunications facility, as defined above, mounted directly on an existing structure with no extensions or arms to increase height or projection beyond the minimum needed to attach the equipment.

Stealth wireless telecommunications facility: A facility that has little or no visual impact on the surrounding area because equipment is integrated or concealed within an existing or modified structure or because the equipment meets defined size limitations. Ancillary appurtenances and other ground equipment must be concealed as part of a stealth wireless facility. Such facilities shall include:

(1)

Small cell facilities and micro-wireless facilities when:

(A)

Mounted on a building roof or parapet and the antenna projects less than five (5) feet above the existing structure and the antenna does not project beyond the plane of the building walls.

(B)

Mounted on an existing utility pole with a vertical extension or a replacement utility pole with the overall height of the facility not exceeding forty-five (45) feet.

(C)

Mounted on a light pole or similar structure with the height of the antenna not exceeding five (5) feet above the current height.

(2)

Any antennas concealed within a modified existing building or structure, where the modification is consistent with the architectural composition of the building, relatively minor in scale, and increases the structure height by no more than ten (10) feet;

(3)

Any antennas mounted to a water storage tank, where the antennas extend no more than ten (10) feet above the highest horizontal plane of the tank;

(4)

Any antennas mounted on an existing electric transmission tower, where the antennas extend no more than ten (10) feet above the existing electric transmission tower; and

Construction of a new structure for such integration or concealment shall not be construed to meet the definition of a stealth wireless telecommunication facility.

Substantial change: A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(1)

For towers other than towers in the public right-of-way, the modification increases the height of the tower by more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;

Changes in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on a building rooftop; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;

(2)

For towers other than towers in the public right-of-way, the modification involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

(3)

For any eligible support structure, the modification involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent higher or volume than any other ground cabinets associated with the structure;

(4)

The modification entails any excavation or deployment outside the current site;

(5)

The modification would defeat the concealment elements of the eligible support structure; or

(6)

The modification does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in items (1) - (4) above.

Tower: Any structure, freestanding or attached to another structure, built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Tower, broadcast: A tower, including replacements, which contains antennas that transmit signals for broadcast radio and television communications. Such structure is commonly referred to as a "broadcasting tower."

Tower, guyed: A tower supported by a series of guy wires that are connected to anchors placed in the ground or on a building.

Tower, lattice: A self-supporting, stand-alone tower, not supported by guy wires, which consists of vertical and horizontal supports with multiple legs and cross bracing of structural steel.

Tower, monopole: A freestanding tower that is composed of a single shaft attached to a foundation. This type of antenna-supporting structure is designed to support itself without the use of guy wires or other stabilization devices. (Those using guy wires are defined as "guyed antenna-supporting structures.") Monopole structures are mounted on a foundation that rests on or in the ground or on the roof of a building.

Wireless telecommunications: Any personal wireless service and any other radio frequency signals, but not including signals transmitted to or from a satellite earth station.

Wireless telecommunications facility: Any facility used for the transmission or reception of wireless telecommunications, usually consisting of an antenna or group of antennas, transmission lines, ancillary appurtenances, and equipment enclosures, and which may include an antenna-supporting structure. The following are considered wireless telecommunications facilities: antenna-supporting structures, collocated antennas, roof-mounted structures, surface-mounted antennas, and stealth wireless telecommunications facilities.

(d)

Application requirements.

(1)

All applicants for wireless telecommunications towers, broadcasting towers, or other wireless facilities requiring a special exception, shall consult with the Zoning Administrator prior to submitting an application for a proposed tower. During this consultation, the applicant shall present information to the Zoning Administrator on the system objectives, proposed coverage areas, and alternative sites considered and rejected. The Zoning Administrator shall provide the applicant with information on the city's policies and standards for wireless telecommunications and broadcasting towers and shall discuss with the applicant possible alternatives to tower construction.

(2)

All applicants for a special exception for wireless telecommunications facilities or to create or amend a PUD development plan for wireless telecommunications facilities or broadcast towers shall provide the following at the time of application:

(A)

The location of all other wireless telecommunications sites considered for towers and rejected by the applicant, and the specific technical, legal, or other reasons for the rejection.

(B)

The location of all possible collocation sites for a wireless telecommunications facility considered for towers and rejected by the applicant, and the specific technical, legal, or other reasons for the rejection.

(C)

Description of facility design and a sample photograph showing the type of proposed facility.

(D)

Elevation drawing, showing facility design and height.

(E)

Accurate, to scale, photographic simulations showing the relationship of the proposed wireless telecommunications or broadcasting tower or associated antennae to the surroundings. Photographic simulations shall also be prepared showing the relationship of any street, access, or utility corridors constructed or modified to serve the proposed wireless telecommunications or broadcasting tower site. The number of simulations, and the perspectives from which they are prepared, shall be established by the Zoning Administrator at the consultation required in Section 36.2-432(d)(1), above.

(F)

A computerized terrain analysis showing the visibility of any proposed wireless telecommunications or broadcasting tower and antenna at the requested height and location. If new or modified street, access, or utility corridors are proposed, the terrain analysis shall also show the visibility of these new or modified features

(G)

Information on how the proposed wireless telecommunications tower site relates to the applicant's existing wireless telecommunications system, including the number of other sites within the Roanoke Valley and the location of the antenna(s) at each site.

(H)

Results of an on-site "balloon" or comparable test, conducted by the applicant at the applicant's expense. The purpose of such test shall be to demonstrate the potential visual impact of the proposed wireless telecommunications or broadcasting tower. The dates and periods of these tests shall be established with the applicant at the pre-application consultation as required in Section 36.2-432(d)(1), for towers only.

(I)

An engineering report certifying that the proposed wireless telecommunications tower is compatible for collocation with, and the structural integrity of the tower will support multiple other providers of wireless telecommunications services and new equipment.

(J)

Copy of the applicant's collocation policy for wireless telecommunications towers.

(K)

ASAC Obstruction Evaluation Report, or comparable evaluation opinion, assessing potential hazards to aviation due to the wireless facility and identifying mitigation options in accordance with the Federal Aviation Regulations (FAR) Part 77 and the Federal Communications Commission (FCC) Rules Part 17.

(L)

Documentation of filing of FAA Form 7460-1, as amended.

(M)

Documentation from medical helicopter patient transportation providers of noninterference with established routes.

(N)

A development plan showing the location of the tower, equipment enclosures and ancillary appurtenances in relationship to property lines and existing structures.

(O)

A landscape plan showing the locations, species, and size at planting for the landscaping proposed for the wireless telecommunications or broadcasting tower site.

(3)

All applicants for stealth wireless telecommunications facilities and other wireless facilities, where permitted as of right by this chapter, shall provide the following at the time of application:

(A)

Description of the design of the stealth facility and a sample photograph showing the type of proposed stealth wireless telecommunications facility.

(B)

Elevation drawing, showing facility height.

(C)

Accurate, to scale, photographic simulations showing the relationship of the proposed stealth wireless telecommunications facility to the surroundings. Photographic simulations shall also be prepared showing the relationship of any street, access, or utility corridors constructed or modified to serve the proposed stealth wireless telecommunications facility site. The number of simulations, and the perspectives from which they are prepared, shall be established by the Zoning Administrator at the consultation required in Section 36.2-432(d)(1).

(D)

An engineering report certifying the structural integrity of the proposed stealth wireless telecommunications facility and the structure to which it is to be attached or within which it is to be located.

(E)

ASAC Obstruction Evaluation Report, or comparable evaluation opinion, assessing potential hazards to aviation due to the wireless facility and identifying mitigation options in accordance with the Federal Aviation Regulations (FAR) Part 77 and the Federal Communications Commission (FCC) Rules Part 17.

(F)

Documentation of filing of FAA Form 7460-1, as amended, when applicable.

(G)

Documentation from medical helicopter patient transportation providers of noninterference with established routes.

(H)

A development plan showing the location of the facility, equipment enclosures and ancillary appurtenances in relationship to property lines and existing structures, including associated concealment when part of a stealth facility.

(I)

A landscape plan showing the locations, species, and size at planting for the landscaping proposed for any ground-mounted equipment.

(4)

All applicants for small cell facilities mounted on existing facilities (base station or tower), where permitted by right in this chapter, shall provide the following at the time of application:

(A)

Elevation drawing, showing facility and antennae height. The elevation shall clearly note the size/volume of all antennas and related equipment to show that the facility meets the standards of a small cell facility.

(B)

ASAC Obstruction Evaluation Report, or comparable evaluation opinion, assessing potential hazards to aviation due to the wireless facility and identifying mitigation options in accordance with the Federal Aviation Regulations (FAR) Part 77 and the Federal Communications Commission (FCC) Rules Part 17.

(C)

Documentation of filing of FAA Form 7460-1, as amended, if applicable.

(D)

A development plan showing the location of the small cell facility, equipment enclosures and ancillary appurtenances in relationship to property lines and existing structures.

(E)

A landscape plan showing the locations, species, and size at planting for required landscaping and screening.

(5)

All applicants for eligible facility requests for expansion, maintenance or equipment removal (not a substantial change), shall provide the following at the time of application:

(A)

Elevation drawing, showing originally approved and proposed facility height and width including location of new equipment.

(B)

ASAC Obstruction Evaluation Report, or comparable evaluation opinion, assessing potential hazards to aviation due to the wireless facility and identifying mitigation options in accordance with the Federal Aviation Regulations (FAR) Part 77 and the Federal Communications Commission (FCC) Rules Part 17.

(C)

Documentation of filing of FAA Form 7460-1, as amended, if applicable.

(D)

Documentation from medical helicopter patient transportation providers of noninterference with established routes, when a change in tower height is proposed.

(E)

A development plan showing the location of the current and existing ground equipment, equipment enclosures and ancillary appurtenances in relationship to property lines and existing structures.

(F)

A landscape plan showing the locations, species, and size at planting for required landscaping and screening.

(6)

A review fee set forth in the City of Roanoke's Fee Compendium, adopted by City Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended, shall accompany each application for a zoning permit or special exception for a wireless telecommunications tower whenever the proposed tower height exceeds eighty (80) feet. Such fee shall be used by the City to engage an engineer or other qualified consultant to review the technical aspects of the application, including the review of coverage maps, analysis of the need for such facilities, and analysis of the location requested. Payment of such special review fee shall in no way be a substitute for any other application fees otherwise required by this chapter and established by the City Council.

(7)

The zoning administrator shall establish an application review process for multiple small cell facilities consistent with Section 15.2-2316.4 of the Code of Virginia (1950), as amended. Fees for such applications shall be as set forth in the City of Roanoke's Fee Compendium, adopted by City Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended.

(e)

General standards. The following standards shall apply to any wireless telecommunications or broadcasting tower permitted by this chapter as of right or by special exception:

(1)

Except for proposed wireless telecommunications or broadcasting towers and associated antennae in the Heavy Industrial District (I-2), the maximum height of which shall be regulated by the height regulations for the I-2 District as set forth in Section 36.2-315(d), the maximum height of any proposed wireless telecommunications or broadcasting tower and associated antenna shall be established by a condition of a special exception permit or the development plan of an approved PUD District, but in no case, shall any tower and antenna exceed one hundred ninety-nine (199) feet in height, whether by special exception or by right.

(2)

Wireless telecommunications or broadcasting towers shall conform, at a minimum, to the yard requirements for principal structures in the applicable zoning district; however, in no case shall the base of a tower be located closer than fifty (50) feet or forty (40) percent of the height of the tower, whichever is greater, to any residentially zoned lot. The depth of any required yard shall be measured from the closest structural member of the tower, excluding guy wires.

(3)

The minimum yard requirement for any other structure associated with a wireless telecommunications or broadcasting tower shall be as set forth in the applicable district regulations or supplemental regulations.

(4)

More than one (1) wireless telecommunications or broadcasting tower may be permitted on a lot provided all applicable requirements of this chapter have been met.

(5)

Wireless telecommunications or broadcasting towers shall not be illuminated with any type of lighting apparatus, unless such lighting is a requirement of the FAA or FCC, or is requested by an entity that conducts authorized flight operations in the area. When lighting is proposed to conform to federal requirements, the applicant shall provide to the Zoning Administrator evidence from the federal agency that verifies the necessity of lighting and determines the minimal amount and type of lighting necessary to comply with federal guidelines. Security lighting may be installed on structures associated with a wireless telecommunications or broadcasting tower.

(6)

Except for stealth wireless telecommunications facilities, and except for roof-mounted or surface-mounted antennas, any wireless telecommunications tower approved shall be structurally designed to carry sufficient loading, and the site approved shall be sized to accommodate the equipment necessary, for multiple providers of wireless telecommunications services in order to minimize the proliferation of new wireless telecommunications towers in the vicinity of the requested site. In addition, by applying and being granted a zoning permit for a wireless telecommunications tower, the applicant and the owner of the land agree to make the wireless telecommunications tower and tower site available for additional leases within the structural capacity of the wireless telecommunications tower and at reasonable costs adequate to recover the capital, operating, and maintenance costs of the wireless telecommunications tower location required for the additional capacity.

(7)

Wireless telecommunications or broadcasting towers shall be a monopole design unless it is determined that a lattice design or alternative tower design would better blend into the surrounding environment or such monopole design is not technically feasible as supported by accepted technical and engineering data. Cost shall not be a criterion for determining tower design. This standard shall not apply to stealth wireless telecommunications facilities which design shall be governed by the definition thereof.

(8)

By applying for and being issued any permit for a wireless telecommunications or broadcasting tower, or applying for and receiving approval of a MXPUD, INPUD or IPUD District which development plan includes a wireless telecommunications or broadcasting tower, the applicant and the owner of the land agree to dismantle and remove such tower and associated facilities from the site within ninety (90) calendar days of the tower no longer being used. Dismantling and removal from the site shall only be required after notice by the Zoning Administrator. If antennas on any approved tower are relocated to a lower elevation, the tower shall be shortened to the height of the highest antenna. A guarantee may be required as part of the approval of a special exception permit. Such guarantee shall be in an amount sufficient to ensure removal of the tower and all associated facilities and returning the site as closely as possible to its original condition.

(9)

Unless otherwise specified in this section or as part of the approval of a special exception or PUD development plan, wireless telecommunications and broadcasting towers and associated hardware, antennas, and facilities shall be a flat matted finish so as to reduce visibility and light reflection unless otherwise required by the FCC or FAA.

(10)

No business or other related sign shall be permitted on any wireless telecommunications or broadcasting tower or associated facilities or equipment, except as may be required for public safety purposes, or as required by the FCC or FAA. No materials or markings containing any advertisement shall be permitted on any wireless telecommunications or broadcasting tower or associated facilities or equipment.

(11)

Existing mature tree growth on the site shall be preserved to the maximum extent possible. In locations where the visual impact of the wireless telecommunications tower would be minimal, the landscaping buffer requirement may be reduced by the Board of Zoning Appeals as part of a special exception approval process.

(12)

Wireless telecommunications or broadcasting towers and associated facilities shall be enclosed by security fencing.

(13)

There shall be no outdoor storage associated with a wireless telecommunications or broadcasting facility.

(14)

Any ground equipment area shall be subject to the buffering and screening requirements of Section 36.2-647 for wireless telecommunications facility and associated mechanical equipment.

(15)

Additional standards for small cell wireless facilities.

(A)

Such facilities shall be substantially concealed from view by means of painting or tinting to match the surface of the building or support structure to which they are attached.

(B)

When attached to a building, electrical power, battery backup and similar panels shall be located to not be visible from a street and may include mounting on a roof behind a parapet, mounted on a wall not facing a street, installing underground, or otherwise located and screened as accessory, mechanical equipment.

(C)

When mounted to a utility pole or similar structure, panels shall be located a minimum of ten (10) feet above adjacent grade.

(f)

General review policies. In addition to the general standards for consideration of an application for a special exception, as set forth in Section 36.2-560(c), the Board of Zoning Appeals shall consider a special exception application for a new wireless telecommunications facility or broadcasting tower, including the replacement or modification of an existing tower, on the basis of the following criteria:

(1)

For a request for a wireless telecommunications tower, the availability of other existing structures, based upon independent analysis and evaluation, of suitable height, design, and location for the requested antenna;

(2)

The base and top elevation of the proposed wireless telecommunications or broadcasting tower and its associated antennae relative to surrounding natural land forms, with tower locations below surrounding ridgelines preferred;

(3)

The visibility of the wireless telecommunications or broadcasting tower and its compatibility as determined by the submitted computer simulations, terrain analysis, and balloon or comparable test; and

(4)

The degree to which the proposed tower location, site design, and facilities, including fencing, landscaping, buildings, other ground-mounted equipment, and access or utility corridors, are located, designed, and constructed to be compatible with the adjacent properties.

(g)

[Fees.] The fees for application review of wireless telecommunications facilities shall be as follows:

(1)

New facilities approved by administrative review or eligible facility requests that increase the height or width of a facility subject to administrative review shall pay a fee of five hundred dollars ($500.00). Other eligible facility requests shall pay a fee of two hundred dollars ($200.00).

(2)

Small cell facilities subject to administrative approval submitted in a single application shall pay a fee of one hundred dollars ($100.00) per facility for first six (6) facilities, plus fifty dollars ($50.00) per facility for facilities seven (7) through thirty (30). The maximum number of facilities permitted in an application is thirty (30).

(3)

Third party review of wireless telecommunications facilities when a tower facility is greater than eighty (80) feet in height shall pay the City's actual cost for consultant, not to exceed six thousand dollars ($6,000.00).

(Ord. No. 37633, § 7, 11-20-06; Ord. No. 39495, § 1, 9-4-12; Ord. No. 41173, § 1, 6-18-18; Ord. No. 41174, 6-18-18)

(a)

Purpose. The purpose of this section is to establish standards for workshops that enable small-scale production operations to be established in many districts while protecting adjacent uses from potential negative impacts associated with industrial activity.

(b)

Applicability. The regulations contained in this section shall be applicable to a workshop in any zoning district in which workshops are a use permitted as of right or by special exception.

(c)

Standards. In accordance with the general purpose set out in this section, workshops shall be subject to the following supplemental regulations:

(1)

The maximum gross floor area occupied by a workshop shall be limited to ten thousand (10,000) square feet in all zoning districts.

(2)

All processing, manufacturing, and assembly shall occur within a fully enclosed building.

(Ord. No. 39495, § 1, 9-4-12; Ord. No. 41173, § 1, 6-18-18)