(a)

No fragile, readily flammable material such as paper, cloth or canvas shall constitute a part of any fence, nor shall any such material be employed as an adjunct or supplement to any fence.

(b)

No fence shall be constructed within a street right-of-way.

(c)

Fences shall not exceed a height of six feet as measured from the topmost point thereof to the ground or surface in a residential zone.

(d)

Fences surrounding industrial sites, public playgrounds, institutions or schools may not exceed a height of 14 feet.

(Ord. of 6-11-1996, § 23-16)

Every building erected or moved shall be on a lot adjacent to a public street, and all buildings shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(Ord. of 6-11-1996, § 23-17)

(a)

There shall be provided at the time of erection of any main building or at the time any main building is enlarged or at the institution or enlargement of any use minimum off-street parking space with adequate provisions for entrance and exit. Two hundred square feet (ten feet by 20 feet) of lot or floor area shall be deemed parking space for one vehicle. All parking spaces and access driveways shall be covered with an all-weather surface, unless as otherwise provided in this article, and shall be graded and drained to dispose of surface water.

(b)

No surface water from any parking area shall be permitted to drain onto adjoining property.

(c)

A driveway or parking space shall be at least three feet from a property line, and no parking space for a multifamily dwelling shall be less than ten feet from a residential structure on the lot unless as otherwise provided for townhouses and apartments.

(d)

There shall be provided, at the time of the erection of any principal building or structure or at the time that any principal building or structure is altered, enlarged, or increased in size, not less than the parking space in the amounts stated in this section. Minimum off-street parking space required may be reduced when the capacity and use of a particular building is changed in such a manner that the new use or capacity would require less space than before the change. Should a nonconforming structure or use be enlarged or extended or should a use or structure be nonconforming because of parking requirements, additional parking requirements need only be based on the requirements for the enlarged or expanded portion.

(e)

The parking spaces required for single- and two-family dwellings shall be located on the same lot as the dwelling; the parking spaces required for other uses shall be located on the same lot as the principal use or on a lot which is within 300 feet of the principal use, such distance to be measured along lines of public access to the property.

(f)

Collective provisions of off-street parking facilities for two or more structures or uses is permitted, provided that the total number of parking spaces is at least equal to the sum of the minimum number of required spaces computed separately for each use. Collective parking is subject to all parking requirements.

(g)

Parking space requirements are as follows:

(1)

For all residential dwelling units there shall be provided, either in a private garage or on the lot, space for the parking of two automobiles for each dwelling unit in a new building.

(2)

Boardinghouses, bed and breakfasts, hotels and motels shall provide on the lot parking space for one automobile for each guestroom or residence unit, plus one additional space for each ten guestrooms or residence units, plus required parking for any restaurant and/or assembly space, plus one space for each employee on the maximum shift.

(3)

For church and school auditoriums and for theaters, general auditoriums, stadiums and other similar places of assembly, there shall be provided at least one off-street parking space for every four fixed seats, based on the maximum seating capacity in the main place of assembly for the building. For assembly halls without fixed seats, there shall be provided one parking space for each 100 square feet of usable floor area. Parking space already provided to meet off-street parking requirements for stores, office buildings, and industrial establishments lying within 300 feet of the place of public assembly, as measured along lines of public access, and which are not normally in use on Sundays or between the hours of 6:00 p.m. and 12:00 midnight on other days may be used to meet not more than 75 percent of the off-street parking requirements of a church or other similar place of public assembly.

(4)

For public or private nursery day care, kindergarten, elementary, intermediate or high schools, there shall be provided one parking space for each teacher, employee, or administrator, whether full or part time, whose activities are conducted between the hours of 8:00 a.m. and 4:00 p.m. in addition to the requirements of the auditoriums.

(5)

For hospitals, there shall be provided at least one parking space for each two beds based on the maximum capacity in terms of beds, including those of infants and children, plus one space for each employee or staff member on maximum shift.

(6)

For nursing and convalescent homes, there shall be provided at least one parking space for each six beds or fraction thereof.

(7)

For retail and wholesale stores selling directly to the public, there shall be provided one parking space for each 100 square feet of retail or wholesale floor space in the building unless otherwise specified.

(8)

For shopping centers, see section 50-106.

(9)

For funeral homes and mortuaries there shall be one parking space for each four seats in chapels or parlors with fixed seats, and one parking space for each 100 square feet of floor area for assembly rooms without fixed seats for services, plus five parking spaces for employees in both instances noted in this subsection.

(10)

For all restaurants, there shall be provided at least one parking space for each four seats or one space for each 50 square feet of gross floor area, whichever is greater. In addition, one parking space shall be provided for each employee on the maximum shift.

(11)

For office buildings, offices of professionals and personal services establishments, or medical and dental clinics, there shall be provided one parking space for each 200 square feet of floor space occupied by the office or personal service or clinic. This subsection applies to new construction only. There shall be no off-street parking requirement for an existing structure which is being converted to a professional office building.

(12)

For industrial establishments or wholesale establishments not selling directly to the public, there shall be provided one parking space for each employee computed on the basis of maximum number of individuals employed within an eight-hour shift, plus space to accommodate all trucks and other vehicles used in connection therewith.

(13)

Any commercial building not listed in this subsection and that is erected, converted, or structurally altered shall provide one parking space for each 100 square feet of business floor space in the building.

(14)

Every parcel of land used as a public parking area shall have appropriate guardrails or stops where needed as determined by the administrator. Any lights used to illuminate the parking areas shall be so arranged as to reflect the light away from adjoining residential uses.

(Ord. of 6-11-1996, § 23-18)

Cross reference— Stopping, standing and parking, § 66-56 et seq.

(a)

On the same premises with every building, structure, or part thereof erected and occupied for uses involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading, and unloading services, in order to avoid interference with public use of the streets and alleys.

(b)

Such space shall be a minimum of 15 feet wide and 45 feet in length with a minimum clear height of 15 feet. Off-street truck loading space shall be provided at a rate of one space for the first 10,000 square feet or less of gross floor areas, plus a minimum of one additional space for each additional 40,000 square feet of gross floor area or part thereof. For the purpose of this section, gross floor area shall also include gross outdoor storage area, whether covered or uncovered.

(Ord. of 6-11-1996, § 23-19)

Cross reference— Stopping, standing and parking, § 66-56 et seq.

(a)

Permitted signs. The maximum permitted size of signs and type of signs shall be in accordance with the following:

(1)

All zoning districts. Permitted signs in all zoning districts are as follows:

a.

Official traffic signs and other official federal, state, county, or town government signs.

b.

Temporary signs announcing a campaign, drive, political campaign, or event of a civic, philanthropic, educational, or religious organization, provided such sign shall not exceed 12 square feet in area and shall be removed within seven days after the completion of the drive, campaign, or event.

c.

Signs offering the sale or rental or stating the future use of the premises upon which such signs are erected, provided that the combined area of such signs shall not exceed 24 square feet.

d.

One temporary sign of each contractor or developer and one sign for all combined subcontractors, erected and maintained on the premises where the work is being performed, provided that the area of each such sign shall not exceed 18 square feet, and further provided that such sign shall be removed upon completion of the work.

e.

No trespassing signs; signs indicating the private nature of a road, driveway, or premises; signs controlling fishing or hunting on the premises, provided that the area of any such sign shall not exceed four square feet.

(2)

Residential districts. Permitted signs in residential districts are as follows:

a.

Home occupation or nameplate sign displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling, provided that not more than one such sign shall be erected for each permitted use of the lot and provided that the area of each such sign not exceed two square feet. All such signs shall be fixed flat on the main wall of such building or may be erected in the front yard, but not within a street right-of-way.

b.

Sign, bulletin, announcement board or identification sign for schools, parks, or playgrounds, churches, hospitals, clubs, or other principal uses and buildings other than dwellings on the same lot therewith for the purpose of displaying the name of the institution and its activities or services, provided that the area of any such sign shall not exceed 24 square feet and not more than one such sign shall be erected or displayed on each street frontage.

c.

Subdivision signs, not exceeding 24 square feet in area, for the purpose of advertising or identifying a housing development or subdivision, when erected or displayed on the property so advertised or identified, at least ten feet from the front lot line, provided that only one such sign shall be erected or displayed facing any one street on the perimeter of such development or subdivision.

(3)

Signs for multifamily dwellings. Permitted signs for multifamily dwellings are as follows:

a.

Freestanding real estate signs for advertising the sale or rental of the premises upon which the sign is erected, provided that:

1.

The total area of the sign does not exceed 24 square feet;

2.

There shall be no more than one such sign on any one lot on the same street frontage; and

3.

No sign shall be erected so as to stand higher than the building it advertises.

b.

Directional signs, not to exceed two square feet each, erected within a housing development to direct persons to a rental office or sample unit.

c.

Permanent identifying signs for the purpose of indicating the name of the multifamily project and for the purpose of identifying the individual buildings within the project. Not more than one sign for each entrance to the project from a public street to identify the name of the project shall be permitted, and no such sign shall exceed ten square feet in size. Signs to identify the individual buildings within the project shall not exceed six square feet in size.

(4)

Commercial district. Permitted signs in commercial districts are as follows:

a.

Any sign permitted in a residential district.

b.

Signs advertising only the general business conducted on the premises upon which such signs as listed in subsection (4)c of this section are erected or displayed.

c.

Signs permitted within a commercial district shall be erected or displayed only on such walls of a building as face a street, alley or parking areas or as freestanding signs upon the lot, subject to the following as to size and location:

1.

One-story building. The total area of all signs facing a street, alley or parking area shall not exceed one square foot for each foot of building width facing such street, alley or parking area, but in no case shall the aggregate of all such signs exceed 100 square feet. This applies to signs which are only affixed to the building; not freestanding signs.

2.

First-floor businesses in multistory buildings. The total area of all signs facing a street, alley or parking area shall not exceed one square foot for each foot of building width facing such street, alley or parking area, but in no case shall the aggregate of such signs exceed 100 square feet. All such signs shall be kept within a height of 20 feet above the sidewalk.

3.

Above first floor of multistory buildings containing one or more businesses above first floor. The total areas of all signs facing a street, alley or parking area on any wall above the 20-foot height specified in subsection (a)(4)c.2 of this section shall not exceed 40 square feet or 1/40 of the area of that wall above such 20-foot height, whichever is greater.

4.

Multistory buildings occupied by one business only. Where entire buildings over one story in height are occupied by one business, a total sign area of 100 square feet facing any street, alley or parking area or of 1/40 of the wall area facing such street, alley, or parking area, whichever is greater, may be substituted for the allowable sign areas specified in subsections (a)(4)c.2 and (a)(4)c.3 of this section, and in such case the sign may be located without regard to the 20-foot height restriction.

5.

Signs on windows advertising occupants, etc. Signs advertising only the name of the occupant of a store, office or building; the business or occupation conducted; or the products sold therein may be placed on show windows, provided that not more than 20 percent of the area of such windows shall be covered. The area of such signs shall not be included in determining the total area of signs erected or displayed and shall not include temporary signs for special rules.

6.

Projection and height of signs. A sign may be erected or displayed flat against a wall or at an angle thereto, but no sign shall project beyond the established setback line unless as otherwise indicated in this section. The bottom of a sign, the area of which exceeds six square feet, erected flat against a wall, shall not be less than eight feet above the sidewalk, alley, or parking area. The bottom of a sign projecting from a wall shall not be less than ten feet above a walkway, parking area, or alley.

7.

Roof signs. No roof signs shall be permitted.

8.

Freestanding signs. Freestanding signs upon a lot may be erected or displayed only where drive-in service or parking is provided. However, no freestanding sign shall be located closer than ten feet to a side lot line, provided that not more than one such freestanding sign shall be permitted for any building or building unit having a street frontage with such drive-in service area, parking area or building setback. Freestanding signs shall not be erected more than 30 feet above the grade, nor project beyond the established setback line, and shall not exceed 60 square feet in area. For the purpose of this section all lot lines facing streets shall be considered front lot lines.

9.

Identification signs. Identification signs for shopping centers consisting of three or more separate businesses and having a continuous street frontage of at least 200 feet shall be permitted, and the areas of such signs shall not be included in the total areas of signs otherwise permitted in this section for separate businesses. The total area of such identification signs for any shopping center shall not exceed one square foot for each foot of street or alley frontage, nor shall the total area of such signs facing any street or alley exceed 150 square feet.

10.

Advertising theater acts, etc. Signs advertising the acts or features to be given in a movie theater may be displayed on permanent cases or frames erected on theater buildings in accordance with this section as to size and location, provided that the bottom of any such case or frame erected flat against a wall may be less than eight feet above the sidewalk, alley, or parking area. When the area of any such case or frame facing a street, alley, or parking area does not exceed 24 square feet and the area of all such cases or frames facing such street, alley, or parking areas does not exceed 48 square feet, the area of the signs displayed thereon shall not be included in determining the total area of signs erected or displayed.

(5)

Industrial district. Permitted signs for industrial districts are any sign permitted in a commercial district, provided that the allowable area of any such sign where it faces a commercial or industrial zone may be 1½ times the allowable area specified in subsection (a)(4) of this section.

(b)

Supplemental sign regulations. Supplemental sign regulations are as follows:

(1)

Illumination. Signs may be lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, however, that no red, green, or amber lights shall be permitted and provided that lighting is screened from adjacent properties. No lights of intermittent, flashing, or animated types shall be permitted.

(2)

Construction. All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair.

(3)

Nonconforming signs. Nonconforming signs, once removed, shall be replaced only with conforming signs; however, nonconforming signs may be repainted or repaired, provided such repainting or repairing does not exceed the dimensions of the existing signs.

(4)

Billboards. Billboards are prohibited in all districts.

(5)

Permit required. A sign permit shall be required before a sign is erected, altered, or relocated, except as otherwise provided in this subsection.

(6)

Permit applications. Each application for such permit shall be accompanied by plans showing the area of the sign; the size, character, and design proposed; the method of illumination, if any; the exact location proposed for such sign; the method of fastening such sign; the names and addresses of the sign owner and of the sign erector.

(7)

Permit fees. Fees for sign permits shall be as determined by the town council.

(8)

Permit nullification. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date of issuance of the permit.

(9)

Permit exceptions. A permit shall not be required for the following; provided, however, that such signs shall be subject to any and all applicable sections of this article:

a.

Any sign four square feet or less in area.

b.

Repainting without changing wording, composition, or color; or minor nonstructural repairs.

c.

The changing of the advertising copy or message on an approved painted or printed sign or on a theater marquee and similar approved signs which are specifically designed for the use of replaceable copy.

(Ord. of 6-11-1996, § 23-20)

(a)

Permitted principal uses. Permitted principal uses in shopping centers are as follows:

(1)

Stores for the sale of goods at retail or the performance of customary personal services or services clearly incidental to retail sales.

(2)

Business, professional, or banking offices.

(3)

Restaurants, cafes, or similar places serving food and/or beverages.

(4)

Parking areas for transient auto vehicles, but not for the storage of new or used motor vehicles for sale.

(5)

Motor vehicle service stations.

(6)

Drive-in restaurants.

(b)

Permitted accessory uses. Only the customary accessory uses associated with a commercial district shall be permitted in a shopping center, provided they are limited to the same lot as the principal uses.

(c)

Area and bulk regulations. Area and bulk regulations are as follows:

(1)

Lot size: two acres minimum.

(2)

Lot coverage: 50 percent maximum.

(3)

Building height: two stories or 35 feet maximum.

(4)

Front yard: 50 feet minimum.

(5)

Side yards: 20 feet minimum each side.

(6)

Rear yard: 20 feet minimum.

(d)

Supplementary regulations. Supplementary regulations are as follows:

(1)

Off-street parking and loading. Off-street parking shall be provided on the premises at a rate of one off-street parking space for every 100 square feet of gross floor area. Parking shall be permitted in the areas required for front, side and rear yard setbacks. All parking areas shall be suitably paved with permanent hard-surface coverings. Off-street loading spaces for establishments shall be provided in accordance with section 50-104.

(2)

Access and traffic controls. All means of ingress or egress from the shopping center to any public street or state highway shall be located at least 200 feet from any other intersecting street and shall be designed to conduct traffic in a safe manner. The developer shall be responsible for the purchase and erection of any necessary traffic control devices and the construction of additional acceleration or deceleration lanes or service walks as may be required by the state department of transportation or by the town.

(3)

Interior circulation. Interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site. Areas provided for loading or unloading of trucks and/or other vehicles or for servicing of stores for rubbish collection or other services shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with interior circulation and parking facilities.

(4)

Lighting. Lighting for buildings, signs, accessways, and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to surrounding property.

(5)

Shopping cart storage. Where deemed necessary, areas on the site for the storage of shopping carts or mobile baskets shall be provided. Storage areas shall be clearly marked and designated for the storage of shopping carts and/or mobile baskets.

(6)

Storage of trash or rubbish. Storage areas for trash and rubbish shall be completely screened, and all organic rubbish shall be contained in containers with tightly fitting lids. No such storage area shall be permitted within any required yard space, except such areas may be located in the required rear yard.

(7)

Signs. Signs shall conform to section 50-105.

(e)

Development plan. A development plan shall be required in accordance with the following:

(1)

Prior to the issuance of a special permit, 15 copies of a development plan shall be submitted to the administrator for review by the administrator, planning commission and town council. Such plan shall comply with this section and section 50-111.

(2)

The development plan shall contain the following data, together with other supplementary data for a particular development, as deemed necessary by the planning commission or town council:

a.

Title insurance policy or attorney's certificate showing the owner of the subject property, marketable title to the subject property in such owner, the source of the applicant's title or interest in the subject property, and the place of record of the latest instrument in the chain of title for each parcel constituting the tract.

b.

Total area of the tract.

c.

Abutting street names, widths, and route numbers.

d.

Owners, zoning districts, and uses of each adjoining tract.

e.

Topographic map with minimum contour intervals and scale acceptable to the administrator.

f.

A concept plan, illustrating the location and functional relationship between all proposed land uses.

g.

Land use plan showing the following:

1.

The location and arrangement of all proposed land uses, including the height and number of floors of all buildings both above and below finished grade.

2.

The building setbacks and yard areas from the development boundaries and adjacent streets, roads, alleys, and ways.

3.

The proposed traffic circulation pattern, including the location and width of all streets, driveways, walkways, and entrances to parking areas.

4.

All off-street parking and loading areas.

5.

All proposed open space areas, including common open space, dedicated open space, and developed recreational open space.

6.

The approximate location of existing and proposed utility systems of sanitary sewer, storm sewer, water, electric, telephone, and gas lines, along with any necessary easements.

h.

Statements or plans relating to all covenants, restrictions, and conditions pertaining to the use, maintenance, and operation of common spaces, and the percentage of the tract to be used as open space.

i.

A statement in tabular form of the anticipated commercial floor area.

j.

When the development is to be constructed in stages or units, a sequence of the development schedule showing the order of construction of each principal functional element of such stages or units, the approximate completion date for each stage or unit, and a cost estimate of all improvements within each stage or unit.

k.

A plan or report indicating the extent, timing, and estimated cost of all off-site improvements such as road, sewer, and drainage facilities necessary to construct the proposed development, which plan or report shall relate to the sequence of the development schedule if the development is to be constructed in stages or units.

l.

Where required by the planning commission, a traffic impact analysis, showing the effect of traffic generated by the project on surrounding roads.

(Ord. of 6-11-1996, § 23-21)

Cross reference— Businesses, ch. 18.

(a)

Area regulations. The minimum lot size for townhouse construction is 15,000 square feet.

(b)

Lot widths. Lot widths shall be as follows:

(1)

Minimum width for development: 100 feet at the setback line.

(2)

Minimum width per townhouse unit: 20 feet. There shall be not more than eight townhouses in a continuous row.

(c)

Yard requirements. Yard requirements shall be as follows:

(1)

Front yard: 30 feet from the road right-of-way line.

(2)

Rear yard: 40 feet from each townhouse dwelling.

(3)

Side yard: ten feet for each end unit.

(d)

Maximum building height. Maximum building height shall be 2½ stories, but not to exceed 35 feet.

(e)

Management of common open space. Management of common open space shall be provided as follows:

(1)

Should the units be for rental purposes, the developer or rental agent shall be responsible for maintenance and management of open space.

(2)

Should the units be for sale, a nonprofit association, corporation, trust, or limited liability company of all individuals or corporations owning residential property within the planned development shall be established to ensure the maintenance, management and/or operation of open spaces and/or recreation parks.

(3)

The developer must establish the organization prior to the sale of any lots.

(4)

Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community.

(f)

Parking facilities. Parking facilities shall be provided as follows:

(1)

Off-street parking shall be provided on the premises at the rate of two spaces for each townhouse unit. Each space shall be a minimum of ten feet by 20 feet. Parking shall not be located in any yard area, but shall be located in common parking areas only.

(2)

Required parking spaces shall be provided on the same property as the group of buildings served.

(3)

Entranceways and exitways to common parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site, but shall at no time exceed 30 feet in width at the street line. Parking shall not be permitted in the entranceway.

(4)

Common parking areas shall be set back at least 15 feet from the property line of the development.

(5)

No parking space shall be located closer than ten feet to any townhouse unit.

(g)

Storage of trash and rubbish. If exterior storage areas for trash and rubbish are required by the town, such areas shall be well screened on three sides and contain verminproof containers.

(h)

Site plan review and approval. Site plans drawn in accordance with section 50-111 shall be reviewed and approved by the planning commission.

(i)

Other regulations for all townhouse construction. Other regulations for all townhouse construction shall be as follows:

(1)

Each townhouse and/or townhouse parking area access road shall front on a dedicated public street meeting state department of transportation and town standards.

(2)

Concrete curbs and gutters shall be installed along both sides of all new streets within the development. However, should a new street act as a boundary for a townhouse development, curb and gutter need only be installed on the side of the street adjacent to the development.

(3)

Walkways of a minimum of four feet in width, constructed of concrete or brick, shall be installed from common parking areas to the front of all townhouse structures served by such parking areas.

(4)

The radius of culs-de-sac shall be at least 50 feet. No more than 25 dwelling units shall be served by any cul-de-sac.

(5)

Accessory buildings are not permitted, except that on any lot there may be an enclosed storage shed not exceeding eight feet in ceiling height, nor exceeding ten feet in length by ten feet in width.

(6)

All townhouse developments must be connected to a public water and public sewer system. Each unit shall have its own individual public water and sewer connection.

(7)

The facades of dwelling units in a townhouse structure shall be varied by changed front yards of not less than two feet and variation in materials and design so that not more than four abutting units will have the same front yard depth and the same or essentially the same architectural treatment of facades and rooflines. Balconies and roofed porches may encroach up to five feet within the setback area.

(Ord. of 6-11-1996, § 23-22)

(a)

Area regulations. The minimum lot size for apartment and condominium developments is 7,500 square feet for a structure containing three dwelling units, with an additional 2,000 square feet of lot area for each additional dwelling unit above three. There shall be not more than 12 dwelling units contained in any one structure.

(b)

Minimum lot width. The minimum lot width shall be 50 feet at the setback line.

(c)

Minimum yard requirements. No structure shall be located closer than 15 feet to any lot line when the structure is in an R-3 district nor closer than 20 feet to any lot line when the structure is in a C district.

(d)

Maximum building height. The maximum building height shall be four stories, but not to exceed 45 feet.

(e)

Management of open space. Open space shall be managed as follows:

(1)

Should the units be for rental purposes, the developer or rental agent shall be responsible for maintenance and management of open space.

(2)

Should the units be for sale, a nonprofit association, corporation, trust, or limited liability company of all individuals or corporations owning residential property within the planned development shall be established to ensure the maintenance, management and/or operation of open spaces and/or recreation parks in accordance with the Condominium Act, Code of Virginia, § 55-79.39 et seq., as amended.

(3)

The developer must establish the organization prior to the sale of any dwelling unit.

(4)

Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community.

(f)

Distance between structures. No structure shall be located closer than 30 feet at any point to another structure.

(g)

Parking facilities. Parking facilities shall be provided as follows:

(1)

Off-street parking shall be provided on the premises at the rate of two spaces for each apartment or condominium unit as approved by the planning commission.

(2)

Parking areas shall not be designed or located so as to require or encourage cars to back into a public street in order to leave the lot.

(3)

Entranceways and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site, but shall at no time exceed 30 feet in width at the street line. Parking shall not be permitted in the entranceways.

(h)

Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be well screened on three sides and contain verminproof containers.

(i)

Site plan review and approval. A site plan drawn in accordance with section 50-111 shall be reviewed and approved by the planning commission.

(j)

Other regulations for all apartment and condominium construction. Other regulations for all apartment and condominium construction shall be as follows:

(1)

The number of families in permanent residence shall not exceed the number of dwelling units provided. Entranceways through the structure to the units may be either common or separate, and each lot shall be held in single ownership even though individual units may be sold in accordance with this article.

(2)

Each structure and/or parking area shall have access on a dedicated public street which meets standards for streets of the state department of transportation.

(3)

Concrete curbs and gutters shall be installed along both sides of all new streets within the development. However, should a new street act as a boundary for an apartment development, curb and gutter need only be installed on the side of the street adjacent to the development.

(4)

Walkways of a minimum of four feet in width, constructed of concrete or brick, shall be installed from central parking areas to all apartment structures served by such parking areas.

(5)

The radius of culs-de-sac shall be at least 50 feet. Not more than 24 dwelling units shall be served by a cul-de-sac.

(6)

All dwelling units must be connected to a public water and public sewer system. If the units are to be rented initially, only one water and one sewer connection for the entire building need be installed. However, each unit shall have its own public water and public sewer connection if the initial intent is to sell the units.

(Ord. of 6-11-1996, § 23-23)

In addition to the requirements of the district in which the nursing, convalescent or rest home is located, such uses shall show that they meet the following requirements prior to town approval:

(1)

All state rules and regulations for the licensing of such uses shall be met.

(2)

All requirements of the state health department and fire marshall's office regarding such uses shall be met.

(3)

Architectural barriers for residents of such establishments shall be overcome to the greatest extent possible. Additional safety features, such as handrails in various areas, shall be installed.

(Ord. of 6-11-1996, § 23-24)

Cross reference— Businesses, ch. 18.

The following shall be required for professional offices:

(1)

All activity and equipment, other than parking, must be housed in a fully enclosed building.

(2)

No noise or odor produced as a result of activity in such offices shall be discernible beyond the boundaries of the lot.

(3)

All vehicular access to the site shall be from a dedicated public street which meets standards for streets of the state department of transportation.

(4)

No display in the building other than signs shall be visible from outside of the building.

(Ord. of 6-11-1996, § 23-25)

Cross reference— Businesses, ch. 18.

(a)

Statement of intent. The purpose of this section is to promote the orderly development of certain activities in the town and to ensure that such activities are developed in a manner harmonious with surrounding properties and in the interest of the general public welfare. More specifically, the site plan shall be used to review the following:

(1)

The project's compatibility with its environment;

(2)

The ability of the traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians;

(3)

The quantity, quality, utility, and type of the project's required community facilities; and

(4)

The location and adequacy of the project's provision for drainage and utilities.

(b)

Applicability.

(1)

This section shall apply to all buildings, structures, or uses as noted in this article.

(2)

Where a change of use of an existing structure requires additional parking or other requirements applicable to a new use, a site plan shall be submitted for review to ensure the change of use can be accomplished within the purpose and intent of this article.

(c)

Waiver of requirements. Any requirement of this section may be waived by the administrator where the waiver is not adverse to the purpose of this section and the applicant establishes that in his specific case an undue hardship would result from a strict enforcement of this section or that the requirement is unreasonable. The administrator may waive the requirements for site plan review for additions to buildings, structures and uses if, in his opinion, such addition does not substantially affect the purpose and intent of this section. If such waiver is granted, the applicant shall submit the information required by section 50-181, provided that a waiver of a portion of the requirements of this section shall nevertheless require the applicant to comply with the remainder of the requirements of this section.

(d)

Site plan specifications. Every site plan shall be prepared in accordance with the following specifications:

(1)

The scale shall not be less than 50 feet to one inch.

(2)

All site plans shall be submitted on sheets, the minimum size required being 8½ inches by 11 inches.

(3)

If the site plan is prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.

(4)

Horizontal dimensions shall be in feet and decimals of feet to the closest 1/100 of a foot.

(e)

Site plan contents. Site plans shall be certified by an architect, engineer, or land surveyor licensed to practice by the commonwealth within the limits of their respective licenses. The site plan shall provide the following:

(1)

The proposed title of the project and the name of the engineer, architect, landscape architect, surveyor, and/or developer; and a signature panel for the administrator's approval.

(2)

The north point, scale, and date.

(3)

Existing zoning and zoning district boundaries on the property in question and on immediately surrounding properties.

(4)

The present use of all abutting property.

(5)

The boundaries of the property involved by bearings and distances, certified by a land surveyor licensed to practice in the commonwealth.

(6)

All existing property lines; existing streets, buildings, watercourses, waterways, or lakes; and other existing physical features in or adjoining the project. Those physical features such as watercourses, waterways, or lakes on adjoining properties need only be shown in approximate scale.

(7)

Topography of the project area with contour intervals of two feet or less.

(8)

The locations and sizes of sanitary and storm sewers, gas lines, water mains, culverts, and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities.

(9)

The location, dimensions, and character of construction of proposed streets, alleys, driveways; and the location, type, and size of ingress and egress to the site.

(10)

The location of all off-street parking, loading spaces, and walkways, indicating types of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of parking spaces.

(11)

The location, height, type, and material of all fences, walls, screen planting, and landscaping details of all buildings and grounds; and the location, height, and character of all outdoor lighting systems.

(12)

The location of all proposed buildings and structures, accessory and main; number of stories and height; proposed general use for each building; and the number, size, and type of dwelling units where applicable.

(13)

Provisions for the adequate disposition of natural water and stormwater in accordance with sound engineering practice so as to adequately drain the project site, to adequately dispose of all runoff and drainage away from the project site, and so as not to permit excess flow of water across streets or adjoining properties. Where deemed necessary, a storm runoff and drainage system shall be installed by the developer in accordance with a drainage plan which shall indicate the location, sizes, types, and grades of ditches, catchbasins, and pipes and the connection to the existing drainage system.

(14)

Provisions and schedule for the adequate control of erosion and sedimentation, in accordance with the town erosion and sedimentation control ordinance in chapter 26, article IV.

(15)

Proposed finished grading by contour.

(16)

The location, character, size, height, and orientation of proposed signs.

(17)

The location and dimensions of proposed recreation, open space, and required amenities and improvements, including details of disposition.

(18)

Any necessary notes required by the administrator to explain the purpose of specific items on the plan.

(f)

Improvements and standards. The following improvements and minimum standards, as applicable, shall be required and provided for a site development plan:

(1)

All street and highway construction standards shall be in accordance with those specified in the subdivision ordinance in article III of this chapter.

(2)

The minimum utility easement width shall be 20 feet. The nearest edge of any easement shall be a minimum of five feet from any building.

(g)

Procedures. Procedures for review and approval of the site plan are as follows:

(1)

Fifteen copies of the plan shall be submitted to the administrator. The administrator shall circulate the plan to the relevant departments, boards, and planning commission for written comments and shall notify the applicant of the action taken by the planning commission, which may be approval, approval subject to conditions, or disapproval. Copies shall be submitted to the town council for uses needing a special permit.

(2)

Site plans for the planning commission shall be submitted to the administrator at least seven days prior to the next regularly or specially scheduled planning commission meeting. The site plan shall be considered approved unless the planning commission acts within 30 days from the date of submission of the final site plan. For uses requiring a special permit, the town council shall have 60 days in which to act after submission of the final site plan. If no action is taken within this period, the plan shall be deemed approved.

(h)

Termination or extension. An approved site plan shall expire and become null and void if no building permit has been obtained for the site within 12 months after the approval, or for such additional time period as may be required by the Code of Virginia, as amended.

(i)

Amendments to approved plan. If it becomes necessary for an approved site plan to be changed, the administrator shall, at the applicant's request, either administratively approve an amendment to the site plan or, if the change is major, require that a new site plan be drawn and submitted for review and action in accordance with this section.

(j)

Prerequisite to issuance of permits. No zoning or building permit shall be issued to construct, erect, or alter any building or structure or any permit or authorization granted to improve or develop land subject to this section, unless a site plan has been submitted and approved.

(Ord. of 6-11-1996, § 23-26)

Cross reference— Buildings and building regulations, ch. 14.

(a)

Home occupations must take place within a dwelling unit and be clearly incidental to the residential use of that unit.

(b)

Home occupations must be carried on only by a member of the family residing on the premises.

(c)

No person not a resident on the premises may be employed in connection with the home occupation.

(d)

No stock may be kept nor goods sold.

(e)

No advertising sign can be displayed other than a nameplate not exceeding two square feet in area on each face of such plate.

(f)

No exterior evidence that the building is being used for any purpose other than a dwelling is allowed.

(g)

No more than two motor vehicles may be regularly operated from the premises that carry advertising.

(Ord. of 6-11-1996, § 23-27; Ord. of 7-27-1999)

Cross reference— Businesses, ch. 18.

(a)

Commercial motor vehicle parking lots, as defined in this article, include lots or portions thereof used for the storage or parking of six or more motor vehicles for a consideration.

(b)

Service or repair facilities are not permitted.

(c)

Such parking lot shall not be considered an accessory use.

(d)

No commercial motor vehicle parking lot shall be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.

(Ord. of 6-11-1996, § 23-28)

Cross reference— Vehicles for hire, ch. 78.

(a)

Motor vehicle sales lots are arranged, designed, or used for the storage and display for sale of any new or used motor vehicle capable of independent operation, including recreation vehicles.

(b)

No recreation vehicle shall be occupied.

(c)

Any repair work shall be done wholly enclosed within a building.

(d)

All vehicles to be sold must be operable except for vehicles awaiting immediate repair.

(Ord. of 6-11-1996, § 23-29)

Any manufactured home placed in the town after the date of the enactment or amendment of the ordinance from which this article is derived shall meet the following supplemental requirements:

(1)

A manufactured home shall be as described in the definition of the term "manufactured home" in section 50-33.

(2)

Every manufactured home shall display a seal of approval issued by the United States Department of Housing and Urban Development.

(3)

Every manufactured home must be attached to a permanent foundation and connected to the required utilities. Any axles, wheels, and/or tow bar hitch must be removed.

(4)

The roof must be constructed of shingles or other materials customarily and normally used for conventional dwelling roofing. Siding must be of any material commonly used in conventional homes. Front, rear and all other steps and landings must be constructed in accordance with all legal requirements.

(5)

All other requirements of this article must be met.

(Ord. of 6-11-1996, § 23-30)

Cross reference— Trailers and trailer parks, ch. 70.

The regulations in this section are established to allow bed and breakfast homes in all residential zones, under special use permit, while at the same time preserving the historical and residential character of the neighborhoods in which the dwellings are located. Bed and breakfast homes shall be permitted only in single-family detached dwellings, excluding any existing or future auxiliary buildings on the property. Approval for a bed and breakfast home shall be subject to the following:

(1)

Guest registration shall not exceed a period of seven consecutive calendar days.

(2)

A bed and breakfast home shall have no more than three guestrooms and no more than six guests at any one time. Children 12 years old and under in the same room shall not be included in the total number of guests.

(3)

At least one off-street parking space shall be provided for each guestroom and shall be reserved for use by the occupants of guestrooms. Parking spaces and driveways shall be constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones.

(4)

An identification sign may be allowed on the property, not exceeding four square feet on either side.

(5)

The bed and breakfast home must be occupied and managed by the owner of the property. No persons other than members of the immediate family residing on the premises shall be involved in the rental of guestrooms.

(6)

The only meal that may be provided is breakfast, and it shall only be served to guests renting bedrooms in the dwelling. Breakfast shall be furnished only by a member of the immediate family residing on the premises.

(7)

A town business license shall be acquired in connection with a special use permit for a bed and breakfast inn. Applicable provisions of the Uniform Statewide Building Code and all other applicable laws, regulations, inspections, licenses and permits shall be met.

(8)

Transient occupancy tax and meals tax must be collected and remitted to the town.

(9)

The application for a bed and breakfast home shall include a floor plan showing the location of each bedroom to be rented, including its dimensions and floor area, the location of exits and the location of smoke detectors. A site plan shall also be submitted showing the location of the parking to be provided.

(10)

It shall be a violation of this section to advertise for rent to guests any bedroom exceeding the number of bedrooms authorized in this section.

(Ord. of 7-27-1999)

Cross reference— Businesses, ch. 18.

(a)

Motorsports facilities as defined in section 50-33 shall be subject to the following application and design requirements. These requirements shall supplement the applicable general zoning district regulations found in this chapter and the standards and procedures for special use permits found in section 50-183 this chapter.

(b)

All special use permit applications for motorsports facilities shall contain the following information at the time of submission. The administrator may request any additional information deemed necessary for the commission's review of the application:

(1)

A conceptual site plan of the property that shows the approximate location, scale and character of all proposed site features and facilities, including, but not limited to, all areas devoted to racing, maintenance, spectator seating, parking, vehicle and pedestrian access and circulation, camping, and concessions. Proposals for site landscaping, buffering and lighting shall be included on the plan. The conceptual plan shall also show the relationship of all proposed features and facilities to surrounding uses and properties.

(2)

A preliminary grading plan that shows the existing and proposed topography of the site, including the elevations of all proposed facilities and features, and their relationship to the elevation of surrounding properties and uses.

(3)

A detailed written narrative describing:

a.

All proposed uses of the property, including the frequency of each use proposed and the anticipated hours of operation for each use.

b.

The types of motorsports events proposed and the types of vehicles involved in each event.

c.

Plans for providing safety and security on the property during all proposed events.

d.

Plans for the provision of public water and sewer to the property, or if public facilities are not proposed, methods by which potable water shall be provided and sewage shall be disposed.

e.

Plans for the abatement of noise generated by the use and operation of the property, with information on methods to be employed.

f.

Plans for the mitigation of lighting impacts on surrounding and nearby properties.

g.

Plans for the adequate management of traffic generated by the proposed use, including an analysis of existing traffic patterns in the area, and any plans or proposals for off-site traffic improvements.

(c)

All proposals for motorsports facilities shall meet the following minimum standards; however, stricter standards may be established as a condition of the issuance of special use permit:

(1)

A minimum lot size of 50 acres shall be provided.

(2)

All proposed structures and other developed or activity areas shall be located at least 25 feet from any adjoining property line.

(3)

All exterior lighting on the property shall be designed, located and arranged so as not to direct glare on adjoining streets or properties. Lighting intensity at adjoining property lines shall not exceed 0.5 footcandles.

(4)

No recurrent or sustained noise generated from the operation of the motorsports facility shall exceed 90dB(A), when measured ¾ mile from the racetrack.

(Ord. of 3-8-2005)