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

(Code 1996, § 114-129; Ord. of 2-10-2014, § 2)

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

(Code 1996, § 114-130; Ord. of 2-10-2014, § 2)

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

(Code 1996, § 114-131; Ord. of 2-10-2014, § 2)

Every building or structure hereafter erected, constructed, reconstructed or moved and every use hereafter established shall be located on a lot having frontage on and access to an improved public street, except as specifically approved by the town council in a single-family attached dwelling development or planned development. In the case of a shopping center as defined in section 58-2, individual lots which do not have frontage on an improved public street may be created pursuant to an approved site plan as out-parcels within the perimeter of an existing or proposed shopping center site, provided that each such lot shall have access to an improved public street by means of a recorded easement or easements across the shopping center site. Such easements shall guarantee vehicular access from the improved public street to the vehicle parking and circulation area serving the lot in a manner that does not interfere with or impede use of required parking or means of access and circulation within the shopping center site.

(Code 1996, § 114-132; Ord. of 2-10-2014, § 2)

(a)

Existing lots or parcels which do not abut a public right-of-way shall be used for one single-family dwelling only. Such land shall have access to a lawfully developed public street through a private right-of-way which is a minimum of 12 feet wide and has a maintained, all weather surface extending from the parcel to the public street.

(b)

The private right-of-way shall be held in the same fee simple ownership as the parcel served, or shall be within a perpetual private easement to serve the parcel.

(Code 1996, § 114-133; Ord. of 2-10-2014, § 2)

Clustering of development on a lots to provide dedicated open space, or preserve natural features or historic resources, is permitted in the R-AG or R-1 District in accordance with the following provisions:

(1)

The preservation of natural vegetation, and particularly mature trees, on steep slopes and in stream valleys, shall be a primary design consideration. Floodplains, wetlands, and areas with slopes in excess of 25 percent shall be protected from development.

(2)

Development of sites shall take advantage of topography and minimize grading or destruction of natural vegetation.

(3)

At least 30 percent of the gross area of the parent lot shall be set aside as permanent open space in the clustered development. No parking, paved surfaces or buildings shall be included in the calculation of open space.

(4)

Any reduction in lot area below the minimum lot area for the zoning district shall be fully offset through the provision of an equivalent amount of public or private open space.

(5)

No more than 30 percent of the required minimum area of any lot shall be located in a floodplain or covered by the water.

(6)

Cluster subdivisions shall be harmonious and compatible with surrounding adjacent properties. Certain design considerations may be appropriate in considering the proposed cluster development in relation to adjacent properties, including yard dimensions, lot sizes, location of buildings and open spaces, and retention of vegetation.

(7)

In the R-AG Zone, the following minimum development standards apply for a cluster development:

a.

Parent lot size for a cluster development shall be 20 acres.

b.

Maximum density shall be 0.5 dwelling units per acre.

c.

Minimum lot size shall be 20,000 square feet.

d.

Minimum yards for cluster development shall be 30-foot front and rear yards and 15-foot side yard.

e.

Maximum lot coverage for cluster development shall be 30 percent.

(8)

In the R-1 Zone, the following minimum development standards apply for a cluster development:

a.

Parent lot size for a cluster development shall be five acres.

b.

Maximum density shall be three dwelling units/acre.

c.

Minimum lot size shall be 10,000 square feet.

d.

Minimum yards for cluster development shall be 25-foot front and rear yards and ten-foot side yards.

e.

Maximum lot coverage for cluster development shall be 30 percent.

(9)

Site plan required. A site plan complying with the requirements of this division and land subdivision ordinance shall accompany an application for a cluster development.

(10)

Resubdivision prohibited. No resubdivision shall be permitted in a subdivision approved under this section.

(11)

Land or easements for public facilities and common open space shall be dedicated, and conveyed in accordance with the applicable requirements governing the subdivision of land.

(12)

All common areas shall be maintained in perpetuity as provided for in accompanying documents, including designation of common spaces, ownership, and maintenance provisions.

(Code 1996, § 114-134; Ord. of 2-10-2014, § 2)

Except for required visibility at intersections, as provided in this division, the following may be located within required yards:

(1)

Fences and walls. Fences and walls not exceeding four feet in height may be located within required front and street side yards. Except on a corner lot, fences and walls not exceeding six feet in height may be located within required side and rear yards. For the purpose of determining the required front yard setback for fences, the required front yard shall be the established front yard setback for the applicable district, or the actual setback of the primary building wall of the structure in the case of a nonconforming front yard setback. On a corner lot, fences and walls shall not exceed four feet in height on all street frontages. An additional one foot of fence or wall height shall be permitted for posts, columns or gates. All other fences and walls shall be subject to all yard requirements applicable to buildings and structures.

(2)

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

(Code 1996, § 114-135; Ord. of 2-10-2014, § 2)

(a)

Certain architectural features. Sills, belt courses, bay windows, cornices, eaves, roof overhangs, chimneys, pilasters and similar architectural features of a building may project into required yards not more than two feet.

(b)

Uncovered porches, steps, and decks. Uncovered porches, steps, landings, patios, decks and other similar building features may project into required yards, provided that such features do not exceed a height of 36 inches above the adjacent natural ground level, and provided that no such projection shall extend closer than two feet from any lot line. Covered building projections, and projections exceeding 30 inches in height shall be subject to all yard requirements.

(Code 1996, § 114-136; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § III)

(a)

Front and street side yards on corner lots. On a corner lot, a front yard, as required in the district, shall be provided along the street frontage defined as the front of the lot. In addition, side yards shall be required on the adjoining lot line and along the remaining street frontage as required by the district regulations.

(b)

Rear yards on corner lots. On a corner lot, a rear yard as required in the district shall be provided opposite the defined front yard.

(c)

Front yards on through lots. On through lots, other than a corner lot, there shall be a front yard as required in the district along each street frontage not defined as a side, and no rear yard shall be required.

(Code 1996, § 114-137; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § III)

(a)

Certain accessory buildings. Minimum side and rear yards for buildings accessory to single-family dwellings shall be five feet.

(b)

Structures considered part of the main building. Garages, porches and other structures attached to a main building shall be considered part of the main building for purposes of applying required yards.

(Code 1996, § 114-138; Ord. of 2-10-2014, § 2)

In any case where there are plans approved by the state department of transportation or the town council for the widening of any public street or highway, the required front yard set forth in this chapter shall be measured from the future street line.

(Code 1996, § 114-139; Ord. of 2-10-2014, § 2)

Swimming pools, pool deck areas and tennis courts shall not be located within required front and side yards. Swimming pools, pool deck areas or tennis courts accessory to any use other than a single-family dwelling and situated within 50 feet of adjacent property in a residential district shall be screened from such property by solid walls, fences or evergreen vegetative material not less than six feet in height.

(Code 1996, § 114-140; Ord. of 2-10-2014, § 2)

In business and industrial districts, permitted gasoline pumps, pump islands and pump island canopies shall in no case be located nearer than 15 feet to any property line. See section 58-1137.

(Code 1996, § 114-141; Ord. of 2-10-2014, § 2)

(a)

Purpose. The purpose of this provision is to prohibit the planting of shrubbery or low trees or the construction of solid fences, walls, signs or other structures that would block the visibility of on-coming vehicles to motorists at a street intersection. This subsection shall not be applicable to public utility poles, official street signs, fire hydrants and other appurtenances installed by a governmental agency for public safety purposes, or to tree trunks which do not materially impair visibility, and shall not be construed to require the removal of any mature trees existing at the effective date of the ordinance from which this section is derived.

(b)

Visibility triangle. On a corner lot in any district other than a central business district, nothing that would materially obstruct the vision of operators of motor vehicles shall be erected, placed, planted or allowed to grow between the heights of three feet and eight feet above the grade of the intersection of the centerlines of the adjacent intersecting streets within the following described area: A triangular shaped area on the ground bounded on two sides by the street lines abutting the lot, and bounded on the third side by a line joining points on said street lines 20 feet from the point of their intersection.

(Code 1996, § 114-142; Ord. of 2-10-2014, § 2)

(a)

Transitional yard requirements. Transitional yards shall be provided and maintained in accordance with the requirements of this section.

(1)

Location and depth. A transitional yard shall be provided in any case where a side or rear lot line of a lot abuts or is situated across an alley from property located in a district of lower intensity as shown on the following table. The transitional yard shall be provided on the lot in the higher intensity district, and shall have a depth not less than shown on the table.

Table 58-849. Minimum Transitional Yard Depth

(2)

Use of transitional yards. Transitional yards shall be devoted exclusively to screening, landscaping or retention of natural vegetation. No building, structure, parking area, loading area or outside storage, display or servicing of materials, products, equipment or supplies or area for collection of trash shall be located within any transitional yard. Driveways may be permitted to cross transitional yards only where approved by the zoning administrator and deemed necessary for purposes of public safety or providing emergency access to a building.

(3)

Transitional yard option. A required transitional yard located between any combination of, B-1, B-2, B-3, or M-1 Districts may be reduced by not more than 50 percent of the depth shown on the table in subsection (a)(1) of this section when all buildings and structures comply with the full depth transitional yard shown on the table and solid structural screening is provided within the reduced transitional yard.

(b)

Screening requirements. Screening, as described in this section, shall be provided and maintained within every required transitional yard and at such other locations as may be required elsewhere in this chapter.

(1)

General requirements. Required screening shall be not less than six feet in height, shall be visually opaque, shall be continuous and shall consist of solid structural fences or walls, evergreen vegetative material or combinations thereof. Landscaped earth berms with slopes not exceeding two feet horizontal for each one foot vertical may be used in conjunction with structural or vegetative material to provide required screening.

(2)

Structural screening. Structural screening shall consist of solid masonry walls, uniformly painted or stained wood fences or combinations thereof. Chain link, wire mesh or similar fence material shall not be permitted for required screening purposes.

(3)

Evergreen vegetative screening. Vegetative material shall consist of evergreen shrubs or evergreen trees of such species, size, shape and spacing as will provide effective visual screening in accordance with the requirements of this section. Where necessary to provide the required screening effect, materials shall be planted in double staggered rows. All materials shall be in good health at the time of planting and shall be maintained, or replaced as necessary, in a manner that continues to comply with the requirements of this section. With the approval of the zoning administrator, evergreen shrubbery may be not less than four feet in height at the time of planting, if the species can reasonably be expected to grow to at least six feet in height at maturity.

(Code 1996, § 114-143; Ord. of 2-10-2014, § 2; Ord. of 5-12-2014, § IV)

Where two or more buildings, both of which are devoted to dwelling use, are located on the same lot, the following yards shall be provided between such buildings:

(1)

Where both building walls contain windows. A yard of not less than 60 feet shall be provided where building walls facing one another both contain windows.

(2)

Where one building wall contains windows. A yard of not less than 40 feet shall be provided where only one of two building walls facing one another contains windows.

(3)

Where neither building wall contains windows. A yard of not less than 20 feet shall be provided where building walls facing one another contain no windows, or where corners of buildings are located at 90 degree angles to one another and no building wall faces directly opposite another building wall.

(4)

Method of measurement. Yard shall be measured perpendicular to each of the building walls for which the yards are required, and no portion of either building shall lie within the prescribed distance of the other, provided that exceptions and permitted projections into required yards set forth in this division shall be applicable to yards between buildings on the same lot.

(Code 1996, § 114-144; Ord. of 2-10-2014, § 2)

(a)

Applicability. In an approved subdivision of two or more lots located in residential districts, one interior side yard on each lot devoted to single-family dwelling use may be equal to zero, provided that the requirements of this section are met.

(b)

Standards. The following standards shall apply in the case of any zero lot line development.

(1)

The minimum lot area, lot width, front yard and rear yard requirements of the district in which the property is located shall be met.

(2)

The zero side yard shall not be located along a street or adjacent to any property not designated for the zero lot line option.

(3)

The minimum width of the side yard opposite the zero yard shall be ten feet for all structures, and in no case shall the distance between two main buildings be less than ten feet.

(4)

Not less than 50 percent of the overall depth of the dwelling unit shall be provided along the designated zero lot line. No doors, windows or other similar openings shall be permitted in the building wall facing the designated zero lot line.

(5)

A perpetual easement of not less than five feet in unobstructed width shall be provided on the adjacent lot to permit maintenance of structures abutting a zero lot line. Such easement and the buildable area of the lot shall be shown on the subdivision plat and described in the deed for each property.

(Code 1996, § 114-145; Ord. of 2-10-2014, § 2)

(a)

Applicability of height regulations. The height regulations set forth in this division shall not apply to church spires, belfries, cupolas, barns or silos used for agriculture or feed storage or mixing, water or cooling towers, accessory antennas, flag poles, ventilators, chimneys, flues, solar energy equipment or similar appurtenances or mechanical structures attached to a building and not intended for human occupancy and containing no signs or other advertising. Parapet walls may exceed the height limit applicable in a district by not more than four feet.

(b)

Height of accessory buildings. No accessory building shall exceed the height of the main building on the lot, nor shall any accessory building located within 25 feet of a property line exceed 15 feet in height.

(Code 1996, § 114-146; Ord. of 2-10-2014, § 2)

State Law reference— Placement of amateur radio antennas, Code of Virginia, § 15.2-2293.1.

Where new infill development occurs in an established neighborhood or business district, the front yard shall be the same as the existing setback of structures adjacent to the infill lot, or the average setback of structures on adjacent lots or on the same block. For residential structures in a neighborhood, the setback shall not be less than 20 feet. In the case of existing structures with front porches, the primary building wall of the infill building shall not extend beyond the primary building wall of adjacent structures.

(Code 1996, § 114-147; Ord. of 2-10-2014, § 2)

The following requirements apply to any development for which a site development plan is required. When a site development plan is submitted to expand an existing building or for other site improvements, the requirements of this division shall apply only to those portions of the site that are affected by the proposed improvements.

(1)

Existing trees of six inches in caliper or larger along property boundaries or within 20 feet of a stream or river shall be retained unless it is necessary to remove the vegetation for access, utilities, traffic circulation, or other site constraint. During site development and construction, all reasonable efforts shall be undertaken to preserve and protect natural landscape features.

(2)

All street frontages shall be landscaped with trees, shrubs, or other suitable vegetation.

a.

There shall be at least one tree planted for every 30 feet of public street frontage.

b.

Trees shall be a minimum of two inches in caliper at planting.

c.

Shrubs shall be a minimum of 18 inches in height at planting.

(3)

Parking areas shall be landscaped as follows:

a.

A minimum of five percent of the parking lot must be landscaped with trees, shrubs or other vegetation.

b.

Perimeter planting beds of at least ten feet in width shall be provided where parking is immediately adjacent to a public street.

c.

For parking areas with over 20 spaces, landscaping shall include at least one tree for every ten parking spaces. Trees shall be planted along the perimeter and within the interior of the parking lot.

d.

Interior planting islands shall contain a minimum of 50 square feet per tree, with a minimum dimension of five feet, in order to protect landscaping and allow for proper growth.

e.

Wheel stops, curbing, or other barriers shall be provided to prevent damage to required landscaping by vehicles.

(4)

All required landscaping shall be maintained by the property owner in healthy condition, and replaced as necessary.

(Code 1996, § 114-148; Ord. of 2-10-2014, § 2)

(a)

Tree planting. Front yards shall be planted with deciduous trees having a caliper of not less than two inches at the time of planting and at the rate of one tree per 50 feet of linear street frontage. Existing healthy trees with a caliper of ten inches or greater measured two feet above the ground level shall be preserved within front yard areas. Credit shall be given on a one for one basis for all healthy trees preserved within the required landscaped yard area.

(b)

Driveways. The detailed location and design of driveways shall be approved in conjunction with site plans and in accordance with design standards and policies of the town. Driveways and access points shall be designed and coordinated to provide safe and efficient ingress and egress and shall be the minimum number necessary for effective management of traffic.

(Code 1996, § 114-149; Ord. of 2-10-2014, § 2)

(a)

Generally. The minimum number of off-street parking spaces required for particular uses shall be as set forth in the following schedule. The requirements shall apply to any new building constructed, any enlargement of an existing building, any new use established or any conversion of or change in use.

(b)

Existing buildings and uses. In the case of any enlargement, expansion or change in an existing building or use that is nonconforming with regard to these requirements, the required number of spaces shall be the sum of the spaces provided prior to the enlargement, expansion or change in use, plus any incremental change in the number of spaces required by the schedule to accommodate the enlargement, expansion or change in use. The intent of this provision is that there be no greater deficiency in the number of parking spaces provided after enlargement, expansion or change in a building or use than existed prior to such enlargement, expansion or change.

(c)

Requirements in B-3 District. No off-street parking shall be required for uses in the B-3 Central Business District, except that for residential or commercial uses of 15,000 square feet or more, a parking plan shall be provided for review and approval to the zoning administrator, or the planning commission, if deferred by the zoning administrator. The parking plan shall include the following elements:

(1)

Documentation for the number of parking spaces reasonably needed to support the proposed use so as to not adversely infringe on available public parking;

(2)

Proposed parking strategy addressing how supporting parking will be provided, including location, number of spaces, and means of access;

(3)

Identification of any on- or off-site improvements that may be undertaken to improve environmental conditions or manage stormwater quality and quantity in the central business district; and

(4)

Documentation of any off-site parking management agreements proposed for the development.

(d)

Flexible parking options. In all districts where off-street parking is required, the number of parking spaces may be reduced by up to 20 percent by the zoning administrator in order to manage stormwater runoff and pollutants, and promote a more attractive and compatible business or mixed-use development.

(e)

Table of off-street parking requirements.

Table 58-906. Off-Street Parking Requirements

(Code 1996, § 114-150; Ord. of 2-10-2014, § 2; Ord. of 5-12-2014, § IV; Ord. of 5-11-2015(1) , § IV)

(a)

Floor area shall include the area of the floor space devoted to the use, including space used for related incidental purposes, and shall be measured along exterior faces of enclosing walls or, in the case of different uses in attached buildings or in the same buildings, shall be measured along the centerlines of shared walls.

(b)

Number of employees or staff shall be construed as the number of persons employed on the working shift having the greatest number of employees.

(c)

When computation of required number of spaces results in a fractional number, the required number of spaces shall be the next whole number.

(d)

When a building or premises is devoted to more than one use, the total number of spaces required shall be the sum of the spaces required for each use.

(e)

Required off-street parking spaces may be provided within garages, carports or enclosed building space when the provisions of this article pertaining to dimensions and accessibility of spaces are met.

(f)

The minimum number of off-street parking spaces required for a use that is not specifically listed on the schedule shall be the number of spaces required for the most similar use that is listed on the schedule, as determined by the zoning administrator.

(Code 1996, § 114-151; Ord. of 2-10-2014, § 2)

Required off-street parking spaces shall be located on the same lot or on a contiguous lot under the permanent control/ownership as the use for which they are required, provided that spaces for any church or any use in a B-1, B-2, B-4 or M-1 District may be located off the premises when all of the following conditions are met:

(1)

The parking area within which such parking spaces are provided shall comply with the use regulations and all other requirements of the district in which it is located.

(2)

All such parking spaces shall be located within 500 feet by normal pedestrian route of a principal entrance to the building they serve.

(3)

Except as provided in subsection (4) of this section, the property on which such parking spaces are located shall be under the same ownership and control as the property on which the use to be served is located, or under the same ownership and control as the use to be served. At any time the parking is to be discontinued, the zoning administrator shall be given at least 30 days' notice in writing, and unless the parking spaces are no longer required by this division, such spaces shall be provided elsewhere in compliance with this chapter.

(4)

In the case of an out-parcel created from a shopping center site and not under the same ownership as the shopping center, required parking spaces may be located on the shopping center site when the continued availability of such spaces and access thereto are ensured by easement, lease or other tenure of not less than two years in duration and when the form and terms of tenure are approved by the town attorney before a zoning permit is issued. At any time the parking is to be discontinued, the zoning administrator shall be given at least 30 days' notice in writing by the owners of both properties, and unless the parking spaces are no longer required by this division, such spaces shall be provided elsewhere in compliance with this chapter.

(Code 1996, § 114-152; Ord. of 2-10-2014, § 2; Ord. of 5-12-2014, § IV)

Required off-street parking spaces shall be not less than nine feet in width and 18 feet in length, except that spaces arranged parallel or nearly parallel to their means of access shall be not less than eight feet in width and 22 feet in length. The width and length of parking spaces shall be measured perpendicular to one another so as to form a rectangle with dimensions as required herein. Parking spaces not required by this division, or in excess of the requirements of this division, may be of lesser dimensions.

(Code 1996, § 114-153; Ord. of 2-10-2014, § 2)

All required off-street parking spaces shall be provided with access and maneuvering space meeting at least the following criteria:

(1)

Driveway or access aisle. Each space shall be provided with a driveway or common access aisle directly serving such space and of sufficient dimensions to enable vehicles to maneuver into and out of the space without encroaching into another parking space or extending beyond the designated driveway or access aisle area.

(2)

Obstruction of streets prohibited. No area devoted to parking or access to parking shall be designed, arranged, operated or maintained so as to cause any public street, alley or sidewalk area to be obstructed by vehicles entering, leaving or maneuvering within the parking area. Maneuvering space of sufficient arrangement and dimensions shall be provided within parking areas in order to avoid such obstruction.

(3)

Access aisle dimensions. The minimum dimensions of access aisles serving off-street parking spaces for uses other than single-family detached dwellings and two-family dwellings shall be as set forth in the following table. Greater widths may be required where necessary for fire or other emergency access to a building. Aisle widths for parking arrangements not listed shall be determined by the zoning administrator based on the nearest arrangement listed.

Table 58-910. Access Aisle Dimensions

(Code 1996, § 114-154; Ord. of 2-10-2014, § 2)

Off-street parking spaces accessible to persons with disabilities shall be provided in such numbers, shall be of such dimensions and shall be provided with such means of access as required by the state uniform statewide building code. Such spaces shall be included within the calculation of total number of spaces required by this division.

(Code 1996, § 114-155; Ord. of 2-10-2014, § 2)

The number, location and design of all curb cuts and entrance and exit driveways connecting parking areas with public streets shall conform to the standards of the state department of transportation and of the town, whichever is applicable in the particular case, and shall be approved by the zoning administrator after consultation with the town engineer.

(Code 1996, § 114-156; Ord. of 2-10-2014, § 2)

(a)

Paving required. Parking areas containing five or more spaces and all related entrances, exits, driveways and access aisles shall be paved with dust-free, all-weather hard surface material such as asphalt, asphalt and gravel seal coat, concrete, unit pavers or similar material approved by the zoning administrator.

(b)

Paving requirement exemption for certain parking areas. The requirements of subsection (a) of this section shall not apply to parking areas serving churches and other public and semi-public uses which, in the judgment of the zoning administrator, involve intermittent, infrequent or non-daily parking use, provided that sufficient improvements are made to ensure that such parking areas are usable and that proper access and drainage are provided.

(c)

Grading and drainage. All parking areas shall be designed and constructed with respect to drainage so as to prevent the flooding of or damage to abutting properties and public streets.

(d)

Delineation of parking spaces. Required parking spaces shall be delineated by markings on the pavement surface. In addition, wheel stops, curbs, walls, fences, shrubbery or other means shall be provided along the edges of parking areas where necessary to prevent parked vehicles from encroaching onto adjacent properties or into public streets and alleys, required yards or public walkways.

(Code 1996, § 114-157; Ord. of 2-10-2014, § 2)

Off-street parking spaces and access aisles serving uses other than single-family detached, single-family attached and two-family dwellings shall not be located within any required front yard or required side yard along a street in any residential district. This provision shall not be construed to prohibit driveways from the street when approved by the appropriate authority.

(Code 1996, § 114-158; Ord. of 2-10-2014, § 2)

Parking areas containing five or more spaces located in any district shall be landscaped and screened from adjacent properties located in residential districts. An adjacent property shall be construed to be a property which abuts the parking area or is situated directly across a public alley from the parking area. A parking area need not be screened from another parking area containing five or more spaces located on an adjacent property. Landscaping and screening shall be in accordance with the standards set forth in sections 58-814, 58-842 and 58-916.

(Code 1996, § 114-159; Ord. of 2-10-2014, § 2)

(a)

Requirements generally. Not less than one space for the loading and unloading of trucks and other vehicles shall be provided on sites developed for commercial, industrial, warehouse, hospital or institutional uses. Loading areas shall be so located on the site and shall be of such dimensions as not to occupy or obstruct required off-street parking spaces or to obstruct any public street or any fire lane or emergency access route during the loading or unloading of vehicles. Designated loading areas with adequate maneuvering space shall be shown on each site plan for such uses submitted for approval and, subject to approval of the site plan, shall be clearly designated and maintained on the site.

(b)

Dimensions. Off-street loading spaces shall be of adequate dimensions to accommodate the type and size vehicle used to service the use in question, but in no case shall the dimensions of a required loading space be less than ten feet in width or less than 25 feet in length, nor shall the under clearance provided for such space be less than 14 feet.

(c)

Requirements for vehicle parking and circulation. The following requirements shall be applicable to all areas devoted to parking or circulation of vehicles in the B-3 Central Business District: location of parking and circulation areas. Parking shall not be located between the main building and the street frontage. Driveways shall not cross pedestrian sidewalks on primary street frontages. For parking lots where there is no main building, parking areas shall be set back from the sidewalk and street frontage by a landscaped area of at least five feet. Drive access for parking lots and garages shall be located to cross the sidewalk in such a manner that will ensure pedestrian access and safety.

(Code 1996, § 114-160; Ord. of 2-10-2014, § 2)

(a)

Purpose. The purpose of this division is to provide comprehensive sign regulations to control the type, size, and placement of signs and other graphic devices within the town; emphasize community appearance and high environmental quality in promoting business, industry and economic development; promote the public health, safety, and welfare by prohibiting signs which could distract, confuse, mislead, obstruct vision or create traffic hazards or other hazards to the community; and protect property values by improving the quality of the environment.

(b)

Applicability. The regulations contained in this division shall be applicable to signs in all districts. No sign shall be erected, constructed, installed, attached, painted on, moved or altered except in conformity with all of the provisions set forth in this division for the particular sign in the district in which it is located.

(c)

Definitions. Definitions of the various types of signs and the method of measuring the area of signs are set forth in article II of this chapter, along with other definitions of terms used in this article.

(Code 1996, § 114-161; Ord. of 2-10-2014, § 2)

The following signs, displays and devices shall be exempted from the regulations contained in this division:

(1)

Signs not exceeding two square feet in area and bearing only property numbers, post box numbers or names of occupants of the premises on which such signs are located;

(2)

Flags and insignia of a governmental unit except when displayed in connection with commercial promotions, and decorative flags or banners containing no advertising, commercial logo or message and not displayed as part of a commercial promotion or in connection with any presentation otherwise considered a sign;

(3)

Legal notices; identification, informational or directional signs erected or required by governing bodies;

(4)

Integral decorative or architectural features of a building, except for letters, trademarks, logos or moving parts or moving lights intended to advertise or attract attention;

(5)

Signs or emblems of a civic, philanthropic, educational or religious organization when such signs or emblems are temporary in nature;

(6)

Memorial signs and historical markers pertaining to the site on which they are located, when erected and maintained by a public agency or not-for-profit organization;

(7)

Signs not exceeding five square feet in area providing directions to a public use, church or school, provided such signs contain no advertising matter and are erected and maintained by a public agency or not-for-profit organization;

(8)

Signs placed by a public utility showing the location of underground facilities;

(9)

Signs displayed on private property for the direction or convenience of the public and containing no advertising matter, including signs which identify restrooms, location of public telephones, freight entrances, no trespassing and similar signs;

(10)

Political campaign signs on private property if the signs are in compliance with zoning and right-of-way restrictions applicable to temporary nonpolitical signs, if the signs have been posted with the permission of the owner;

(11)

Signs located within a building, so long as such signs are not oriented to and are not viewed from a public right-of-way, private road, parking area or public space outside the building.

(Code 1996, § 114-162; Ord. of 2-10-2014, § 2)

The following provisions shall apply to signs in all districts:

(1)

All signs shall conform to applicable provisions of the state uniform statewide building code.

(2)

Except as provided in section 58-944, pennants, sandwich-board type signs and balloons or other air or gas-filled devices shall be permitted only for promotion of a new business in a B or M-1 District, and shall be removed within 14 days after the opening of such business.

(3)

No sign shall be permitted to be nailed or otherwise affixed to any existing sign structure unless it is to become an integral part of the existing sign structure.

(4)

No sign shall be located, arranged or designed so that it interferes with traffic by any of the following means: glare; blocking of reasonable sight lines for streets, sidewalks or driveways; confusion with a traffic control device by reason of its color, location, shape, or other characteristic; similarity to or confusion with official signs, traffic signals, warning lights or lighting on emergency vehicles, or any other means.

(5)

Except as specifically permitted in the B-3 District, no portion of any sign or its supporting structure shall extend beyond the property lines of the lot on which it is located or extend into or project over the right-of-way of a public street.

(6)

Animated signs, as defined in section 58-3, shall not be permitted in any district.

(7)

No wall sign or other sign shall be attached to or obstruct any window, door, stairway or other opening intended for ingress or egress or for needed ventilation and light.

(8)

No person except a public officer or employee in performance of a public duty shall paste, paint, print, nail, tack, erect, place or fasten any sign, pennant, banner or notice of any kind within, facing or visible to any public street or public open space, except as provided for in this division.

(9)

No off-premises or billboard signs shall be permitted, except as specifically provided in for this division.

(10)

Electronic changeable copy signs shall meet the sign regulations set forth for the applicable type of sign. No changeable copy sign shall be permitted which is so constructed or placed that it diverts the attention of motorists to the detriment of safe travel on the streets of the town. All such signs shall conform to the following standards:

a.

The sign cannot flash or scroll in any direction and changing of the text must be faded in and out.

b.

There shall be no more than three lines of text on any sign face for an electronic changeable copy sign.

c.

Text on the face of the sign shall remain in place for a minimum of five seconds.

d.

Maximum size for electronic changeable copy sign is 45 square feet. The area for the electronic changeable copy sign shall be included in determining the sign area for the business.

e.

Sign regulations are stated for each applicable zoning district.

(Code 1996, § 114-163; Ord. of 2-10-2014, § 2)

Portable signs, as defined in section 58-3, shall be permitted in designated districts subject to the following limitations:

(1)

Purpose. A portable sign shall be used only for the purpose of identifying or directing attention to the business, product, commodity or service conducted, sold or offered on the same lot where it is located.

(2)

Size, location and lighting. Portable signs shall not exceed 32 square feet in area. No portable sign shall be located within five feet of any street right-of-way, other property line or any driveway. No portable sign shall be illuminated.

(3)

Number of signs. Not more than one portable sign shall be permitted on a lot, except additional portable signs shall be permitted within a shopping center when spaced not less than 200 feet apart and when not more than one such sign is erected for a particular business.

(4)

Duration and frequency. No portable sign shall remain on a lot for more than 30 days at a time, nor shall portable signs be placed on a lot more frequently than two times in a calendar year.

(5)

Permits required. A zoning permit shall be required for each portable sign, each time it is placed on a lot.

(Code 1996, § 114-164; Ord. of 2-10-2014, § 2)

Banner signs, as defined in section 58-3, shall be permitted as temporary signs in designated districts subject to the following limitations:

(1)

Purpose. A banner sign shall be used only for the purpose of identifying or directing attention to the business, product, commodity or service conducted, sold or offered on the same lot where the sign is located.

(2)

Area and number.

a.

The total area of all banner signs located on a lot at the same time shall not exceed one square foot for each two linear feet of building frontage on the lot.

b.

On a building having frontage on more than one street, the maximum permitted area of banner signs shall apply to each frontage, provided that banner signs shall not be attached to more than two building frontages at a given time, nor shall more than one banner sign be attached to any building frontage.

c.

Where more than one main building is located on a lot, or where more than one business occupies a building, the maximum area and number of banner signs specified in this section shall apply to each building and to the frontage occupied by each business.

(3)

Duration and frequency. No banner sign shall be displayed for a period exceeding 30 days, nor shall banner signs be displayed on a lot more frequently than two times in a calendar year. A period of not less than 30 days shall lapse between periods of display.

(4)

Attachment. Banner signs shall be securely fastened in a manner to eliminate excessive movement and billowing and shall be capable of withstanding such wind pressure as determined by the zoning administrator. A banner sign shall be removed immediately if it is not securely fastened or becomes torn or damaged, as determined by the zoning administrator. Banner signs shall be provided with a minimum clearance of eight feet above grade, except where mounted flush against the face of a building.

(5)

Permits required. A zoning permit shall be required for each banner sign.

(Code 1996, § 114-165; Ord. of 2-10-2014, § 2)

The following signs shall be permitted in all districts. The area of such signs shall not be included in calculating the maximum permitted area of signs permitted on any lot.

(1)

Temporary sale or lease signs. One or more temporary signs not exceeding an aggregate area of six square feet pertaining to the sale, rental or lease of the premises on which they are located shall be permitted, provided such signs shall not be illuminated, and shall be removed when the sale, rental or lease of the premises is consummated. Zoning permits for such signs shall not be required.

(2)

Temporary construction signs. Not more than three temporary signs not exceeding an aggregate area of 32 square feet identifying the use to be made of a building under construction on the property or identifying a contractor, architect, lending institution or other party involved with such construction shall be permitted, provided such signs shall not be illuminated and shall be removed upon completion or abandonment of construction. Zoning permits for such signs shall not be required.

(3)

On-site directional signs. Signs directing and guiding traffic on private property, and bearing no advertising matter, when such signs do not exceed four square feet in area. If freestanding, such signs shall not exceed three feet in height or be located within three feet of a street line or other property line. Zoning permits shall be required for such signs only if they are freestanding and visible from adjacent properties or streets.

(Code 1996, § 114-166; Ord. of 2-10-2014, § 2)

In addition to the regulations set forth in this division applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply in the R-AG, R-1, R-2, R-3 and R-4 Residential Districts and the MHP Districts:

(1)

Identification sign. One identification sign not exceeding two square feet in area containing only the name of the premises and/or the occupant, or announcing a home occupation on the premises shall be permitted on each lot.

(2)

Temporary signs. In addition to permitted real estate and construction signs, one temporary civic or public event announcement sign not exceeding four square feet in area shall be permitted on a lot.

(3)

Signs identifying residential neighborhoods. One freestanding sign not exceeding 20 square feet in area identifying the name of a residential neighborhood or manufactured home park shall be permitted at each principal entrance to the neighborhood or manufactured home park.

(4)

Subdivision development signs. One subdivision development sign shall be permitted advertising the sale of lots or dwellings in the subdivision, provided such sign shall be located along a street within or at the entrance to the subdivision and shall not exceed 32 square feet in area. No such sign shall be displayed for longer than one year.

(5)

Signs identifying public and semi-public uses. The following signs shall be permitted for churches, schools, parks, playgrounds, community centers and other public uses:

a.

Identification signs not exceeding in the aggregate 20 square feet in area. Such signs shall be attached flat against a main building or may include one freestanding sign.

b.

Not more than two bulletin or notice boards with an aggregate area not exceeding 20 square feet.

c.

Not more than two temporary signs or banner signs in connection with special events taking place on the premises, provided such signs shall not exceed an aggregate area of 20 square feet or remain on display for more than the duration of the event, plus one week prior to the event.

(6)

Signs identifying certain uses. Signs not exceeding in the aggregate 12 square feet in area shall be permitted identifying a single-family attached dwelling development, multiple-family dwelling development, nursing home, convalescent home, retirement life care center, lodginghouse, tourist home or child or adult day care center. Such signs shall be attached flat against a main building or may include one freestanding sign.

(7)

Freestanding signs. The following restrictions shall apply to all freestanding signs permitted by the provisions of this section:

a.

No freestanding sign shall exceed a height of eight feet.

b.

No freestanding sign shall be located within four feet of any street line or other property line.

(Code 1996, § 114-167; Ord. of 2-10-2014, § 2)

In addition to the regulations set forth in this division applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply in the B-1 Neighborhood Business District and the DR-1 Dan River District:

(1)

Maximum permitted sign area. The aggregate area of all permanent signs located on a lot shall not exceed one square foot for each linear foot of lot frontage along the street, nor in any case 100 square feet, provided that:

a.

In the case of a lot having frontage on more than one street, permitted sign area shall be determined by the lot frontage having the greatest dimension;

b.

In the case of a shopping center, the maximum area of signs attached to any portion of a building devoted to a particular tenant shall not exceed one square foot for each linear foot of building frontage devoted to such tenant, nor in any case 100 square feet. In addition thereto, each shopping center shall be permitted freestanding signs subject to the restrictions set forth in subsection (5) of this section. In the case of an individual lot abutting or situated within a shopping center site and having no lot frontage along a street, the maximum permitted sign area shall be determined by this subsection.

(2)

Maximum number of signs. Not more than three permanent signs shall be provided on a lot for any individual business or establishment.

(3)

Wall signs. Signs may be painted on or attached flat against a wall or other vertical surface of a main building, provided that such signs shall not extend beyond the extremities of the surface of the building. Signs attached to a gable or hip roof or to the lower plane of a mansard or gambrel roof of a main building shall be permitted as wall signs, provided they are attached flat to the roof surface or parallel to the building wall above which they are located, and shall in no case extend beyond the extremities of the roof surface to which they are attached.

(4)

Awning and canopy signs. Lettering, symbols and combinations thereof constituting a sign may be painted on or affixed to an awning or canopy attached to a main building when such sign does not extend beyond the extremities of the awning or canopy. Any awning or canopy which bears a sign and which is not securely fastened or becomes torn or damaged, as determined by the zoning administrator, shall constitute a violation of this section and shall be removed or repaired upon written order by the zoning administrator.

(5)

Freestanding signs. One freestanding sign shall be permitted along each street frontage of 100 feet or more in length, provided that:

a.

No freestanding sign shall exceed 20 square feet in area or ten feet in height.

b.

No freestanding sign shall be located within 50 feet of any lot in a residential district, or within three feet of any street right-of-way line, other property line or driveway intersecting a street.

c.

Where more than one freestanding sign is permitted on a lot as a result of the lot having multiple street frontages, the distance between freestanding signs on the same lot shall be not less than 100 feet.

d.

In the case of a shopping center, one freestanding sign not exceeding 50 square feet in area or 15 feet in height shall be permitted when no other freestanding signs are located on the shopping center site or any adjacent out-parcel or pad site.

(6)

Portable signs and banner signs. Portable signs and banner signs shall be permitted subject to the regulations set forth in this division.

(Code 1996, § 114-168; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § IV)

In addition to the regulations set forth in this division applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply in the B-2 General Business District and the B-4 Downtown Business Expansion District:

(1)

Maximum permitted sign area. The aggregate area of all permanent signs located on a lot shall not exceed two square feet for each linear foot of lot frontage along the street, nor in any case 300 square feet, provided that:

a.

In the case of a lot having frontage on more than one street, permitted sign area shall be determined by the lot frontage having the greatest dimension;

b.

In the case of a shopping center, the maximum area of signs attached to any portion of a building devoted to a particular tenant shall not exceed two square feet for each linear foot of building frontage devoted to such tenant, nor in any case 300 square feet. In addition thereto, each shopping center shall be permitted freestanding signs subject to the restrictions set forth in subsection (6) of this section. In the case of an individual lot abutting or situated within a shopping center site and having no lot frontage along a street, the maximum permitted sign area shall be determined by this subsection.

(2)

Maximum number of signs. Not more than five permanent signs shall be provided on a lot for any individual business or establishment.

(3)

Wall signs. Signs may be painted on or attached flat against a wall or other vertical surface of a main building, provided that such signs shall not extend beyond the extremities of the surface of the building. Signs attached to a gable or hip roof or to the lower plane of a mansard or gambrel roof of a main building shall be permitted as wall signs, provided they are attached flat to the roof surface or parallel to the building wall above which they are located, and shall in no case extend beyond the extremities of the roof surface to which they are attached.

(4)

Projecting signs. Signs attached to and projecting from the face of a wall of a main building shall be permitted, provided that:

a.

Not more than one such sign projecting greater than 15 inches from the face of a building shall be permitted for each building frontage.

b.

No such sign shall extend above the height of the wall to which it is attached.

c.

Projecting signs shall not exceed 50 square feet in area.

d.

Projecting signs shall be provided with a minimum under clearance of ten feet.

(5)

Awning and canopy signs. Lettering, symbols and combinations thereof constituting a sign may be painted on or affixed to an awning or canopy attached to a main building or other structure when such sign does not extend beyond the extremities of the awning or canopy. Any awning or canopy which bears a sign and which is not securely fastened or becomes torn or damaged, as determined by the zoning administrator, shall constitute a violation of this article and shall be removed or repaired upon written order by the zoning administrator.

(6)

Freestanding signs. One freestanding sign shall be permitted along each street frontage of 100 feet or more in length, provided that:

a.

No freestanding sign shall exceed 100 square feet in area or 25 feet in height.

b.

No freestanding sign shall be located within 50 feet of any lot in a residential district, or within three feet of any street right-of-way line, other property line or driveway intersecting a street.

c.

Where more than one freestanding sign is permitted on a lot as a result of the lot having multiple street frontages, the distance between freestanding signs on the same lot shall be not less than 100 feet.

d.

In the case of a shopping center, one freestanding sign not exceeding 200 square feet in area or 30 feet in height shall be permitted when no other freestanding signs are located on the shopping center site or any adjacent out-parcel or pad site.

(7)

Portable signs and banner signs. Portable signs and banner signs shall be permitted subject to the regulations set forth in this division.

(8)

Hot air balloons. Hot air balloons shall be permitted for special promotion of a business or activity located on the premises, and shall be limited to not more than two times in any 12-month period, and shall not remain on the premises for more than 14 days at a time. No zoning permit for such shall be required.

(Code 1996, § 114-169; Ord. of 2-10-2014, § 2; Ord. of 5-12-2014, § IV)

In addition to the regulations set forth in this division applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply in the B-3 Central Business District:

(1)

Maximum permitted sign area. The aggregate area of all permanent signs located on a lot and oriented to a street shall not exceed 1½ square feet for each linear foot of building frontage along the street, nor in any case 300 square feet, provided that:

a.

In the case of a building having frontage on more than one street, permitted sign area shall apply along each street frontage;

b.

Where more than one main building is located on a lot, the aggregate area of all signs attached to each building shall not exceed 1½ square foot for each linear foot of building frontage along the street, nor in any case 300 square feet.

(2)

Wall signs. Signs may be painted on or attached flat against a wall or other vertical surface of a main building, provided that such signs shall not extend beyond the extremities of the surface of the building. Signs attached to a gable or hip roof or to the lower plane of a mansard or gambrel roof of a main building shall be permitted as wall signs, provided they are attached flat to the roof surface or parallel to the building wall above which they are located, and shall in no case extend beyond the extremities of the roof surface to which they are attached.

(3)

Projecting signs. Signs attached to and projecting from the face of a wall of a main building shall be permitted, provided that:

a.

Not more than one such sign projecting greater than 18 inches from the face of the building shall be permitted for each building frontage;

b.

No such sign shall project greater than five feet from the face of the building nor shall any such sign extend above the height of the wall to which it is attached;

c.

Projecting signs shall not exceed six square feet in area;

d.

Projecting signs shall be provided with a minimum under clearance of eight feet;

e.

Projecting signs conforming with the provisions of this section shall be permitted to extend over the sidewalk portion of a right-of-way of a public street when authorized by the town council and when such signs do not extend closer than two feet from the face of the curb.

(4)

Awning and canopy signs. Lettering, symbols and combinations thereof constituting a sign may be painted on or affixed to an awning or canopy attached to a main building when such sign does not extend beyond the extremities of the awning or canopy and provided that:

a.

Not more than one awning or canopy containing a sign shall be permitted to be attached to each building frontage, provided that no projecting sign shall be attached to such building frontage;

b.

Not more than one sign shall be attached to each face of an awning or canopy, and no such sign shall exceed 25 percent of the area of the face of the awning or canopy;

c.

Awnings or canopies containing signs conforming with the provisions of this section shall be permitted to extend over the sidewalk portion of a right-of-way of a public street when authorized by the town council;

d.

Any awning or canopy which bears a sign and which is not securely fastened or becomes torn or damaged, as determined by the zoning administrator, shall constitute a violation of this section and shall be removed or repaired upon written order by the zoning administrator.

(5)

Freestanding signs. Not more than one freestanding sign shall be permitted along each frontage of a lot, provided that:

a.

Freestanding signs shall not exceed 12 square feet in area.

b.

Freestanding signs shall not exceed a height of ten feet.

c.

In the case of a non-profit educational or cultural facility on a lot having 200 linear feet or more of street frontage, a freestanding sign not exceeding 180 square feet in area may be permitted along such frontage subject to a special use permit as set forth in article II, division 4 of this chapter, provided that:

1.

Such freestanding sign shall not exceed a height of eight feet;

2.

No more than one such freestanding sign shall be erected on the lot;

3.

Such freestanding sign shall be constructed of material visually compatible with the exterior material of the main building on the lot.

(6)

Portable signs and banner signs. Portable signs shall not be permitted. Banner signs shall be permitted subject to the regulations set forth in this division.

(Code 1996, § 114-170; Ord. of 2-10-2014, § 2)

In addition to the regulations set forth in this division applicable to signs in all districts, signs in the M-1 General Industrial District shall be the same as in the B-2 General Business District as set forth in section 58-944.

(Code 1996, § 114-171; Ord. of 2-10-2014, § 2)

One sign identifying a nonconforming use located in a residential district shall be permitted, provided that such sign shall be attached flat against the building occupied by the use and shall not exceed eight square feet in area. Signs identifying nonconforming uses located in districts other than residential districts shall conform to the sign regulations applicable in the district in which the use is located.

(Code 1996, § 114-172; Ord. of 2-10-2014, § 2)

A nonconforming sign, as defined in section 58-3, shall be permitted to remain subject to the restrictions and limitations set forth in this section.

(1)

Maintenance and alteration. A nonconforming sign may be maintained and repaired, provided that such sign shall not be moved, replaced, structurally altered, or modified as to size, shape or height except in conformity with the provisions of this article. Lighting or illumination shall not be added to a nonconforming sign. The face of a nonconforming sign or the copy thereon may be changed when all other provisions of this subsection are met. A second sign face may be added to a single-faced nonconforming billboard sign, provided that:

a.

The two sign faces shall be attached back-to-back on the same structure so as not to form an interior angle;

b.

The sign face to be added shall be of no greater dimensions than the original sign face, nor shall it extend beyond the extremities of the original sign face;

c.

The sign face to be added shall not be illuminated.

(2)

Restoration or removal of damaged signs. Any nonconforming sign damaged to the extent that it represents a public hazard, as determined by the building official, or any nonconforming sign damaged by fire, explosion, act of God or the public enemy to an extent exceeding 50 percent of its replacement cost, shall be removed or made to conform to the provisions of this division. In the case of damage of 50 percent or less of the replacement cost of a nonconforming sign damaged by fire, explosion, act of God or the public enemy, such sign may be restored as before the damage, if such restoration is completed within six months of the damage.

(3)

Obsolete signs. Any sign which no longer identifies a use or activity conducted or product sold on the premises, shall be painted out or otherwise removed or made to comply with this division by the owner, agent, or person having the beneficial use of the building, structure or lot upon which such sign is located within 30 days of cessation of the use to which it pertains.

(4)

Signs nonconforming due to lighting or animation. Any sign which is nonconforming due to lighting or animation shall be eliminated or made to conform with the regulations pertaining to lighting and animation within 90 days from the effective date of the ordinance from which this section is derived.

(5)

Nonconforming portable or temporary signs. Any nonconforming portable sign or nonconforming temporary sign shall be eliminated or made to conform with the regulations set forth in this division within 90 days from the effective date of the ordinance from which this section is derived.

(Code 1996, § 114-173; Ord. of 2-10-2014, § 2)

(a)

No sign, unless specifically exempted by the provisions of this division, shall be erected or installed unless a zoning permit for such sign has been issued by the zoning administrator after determination that such sign conforms with all applicable provisions of this chapter.

(b)

Applications for zoning permits for signs shall be submitted and considered in accordance with the provisions of article II of this chapter. Failure to obtain a required zoning permit shall constitute a violation of this division.

(Code 1996, § 114-174; Ord. of 2-10-2014, § 2)

(Code 1996, § 114-175; Ord. of 2-10-2014, § 2)

The following standards apply to agriculture: In the DR-1 District, agriculture is permitted, provided that no structures or feedlots are located in the floodway.

(Code 1996, § 114-175.1; Ord. of 2-10-2014, § 2)

The following standards apply to an animal shelter:

(1)

The minimum lot size for an animal shelter shall be two acres.

(2)

The animal shelter shall be contained within an enclosed building.

(3)

Outdoor exercise or play areas shall be enclosed with a fence.

(4)

No structure or outdoor area shall be located closer than 100 feet to a lot line.

(5)

There shall be no outdoor storage of waste materials on the property.

(6)

There shall be no land burial of animals permitted.

(Code 1996, § 114-175.2; Ord. of 2-10-2014, § 2)

The following standards shall apply to farm produce stands:

(1)

Farm stand shall be constructed in accordance with the adopted building code and be setback at least 25 feet from any public right-of-way.

(2)

Farm stand shall be operated on a seasonal basis and not year-round as a permanent retail operation.

(3)

Entrances and exits to the stand shall be located to provide safe customer ingress and egress.

(4)

Parking or loading areas shall be as required by the zoning administrator.

(5)

At least 50 percent of the produce shall be produced on the site or on other properties owned or leased by the owner of the site where the produce stand is located.

(Code 1996, § 114-175.3)

The following standards apply to forestry: In the DR-1 District timber harvesting is permitted in accordance with a timber management plan approved by the state department of forestry.

(Code 1996, § 114-175.4; Ord. of 2-10-2014, § 2)

The following standards shall apply to a kennel for four or more dogs:

(1)

The minimum area required for a kennel shall be two acres.

(2)

Exterior runs and other confined areas shall be located at least 200 feet from any lot line.

(3)

Exterior runs and outdoor confined areas shall be enclosed with six-foot high fencing.

(4)

Animal waste shall not be stored on the property and shall be disposed of in a manner that protects human health.

(5)

There shall be no crematorium facilities or land burial of animals.

(Code 1996, § 114-175.5; Ord. of 2-10-2014, § 2)

(a)

The following standards shall apply to the keeping of livestock in the Rural Residential Agriculture District (R-AG):

(1)

A minimum lot area of two acres shall be required.

(2)

With the exception of chickens, there shall be at least one acre of land per animal.

(3)

The stable or other associated structure for the keeping or maintenance of livestock shall not be located within 100 feet of any lot line.

(4)

There shall be no storage of manure or other odorous, nuisance, or health hazard material located within 100 feet of any lot line.

(b)

Chickens are permitted in the R-1 Low-Density Residential District in accordance with the following standards:

(1)

Property must be a minimum of two acres in size.

(2)

Only hens shall be permitted. No roosters shall be permitted.

(3)

A maximum of six hens shall be permitted.

(4)

All chickens shall be secured on the property at all times within a sufficiently fenced enclosure.

(5)

No coop shall be placed within 50 feet of a lot line.

(6)

There shall be no slaughtering of chickens on the premises.

(7)

Areas shall be kept clean, sanitary and free from refuse. All poultry feed or other material intended for consumption by poultry shall be in containers with tightly fitting lids. There shall be no outdoor storage of waste materials on the property.

(Code 1996, § 114-175.6; Ord. of 2-10-2014, § 2)

(Code 1996, § 114-176; Ord. of 2-10-2014, § 2)

The following development standards shall be applicable to all single-family attached dwellings:

(1)

The intent of this section is to offer a greater variety of housing options to meet the changing needs of the public and to provide for suitable new housing developments and in-fill development on scattered sites in existing residential neighborhoods.

(2)

The following standards shall apply to attached single-family dwellings:

a.

Vertical stacking of attached units is not permitted.

b.

A maximum of four units may be attached in a grouped unit.

c.

The principal orientation of each residential building shall be parallel to the street it faces. The street elevation of each residential building shall have at least one street oriented entrance, and contain the principal windows of the unit.

d.

Public street frontage shall not be required for individual attached units; however, the developed units shall have defined access to a public street.

e.

The district standards regarding building height and density shall apply to single-family attached units.

(3)

All parking spaces shall be located behind the front building line, except for individual driveways serving units. Shared driveways and grouped parking areas are encouraged, as is the use of alternative pavements.

(4)

A minimum of 20 percent of the gross land area shall be set aside and maintained as common open space.

(5)

The development shall include pedestrian connections and facilities.

(6)

There shall be a minimum side yard of 15 feet between attached unit groups.

(7)

The scale, massing, and building design should be compatible with the surrounding neighborhood.

(Code 1996, § 114-176.1; Ord. of 2-10-2014, § 2)

The following standards apply to two-family dwellings:

(1)

Minimum lot area for a two-family dwelling in any district shall be 10,000 square feet.

(2)

The street elevation of the two-family building shall have at least one street-oriented entrance, and contain the principal windows of the unit.

(3)

All parking shall be located behind the front building line. Shared driveways are permitted.

(4)

In R-AG and R-1 Zones, two-family dwellings may be constructed only on individual scattered sites.

(5)

In R-2, R-3 and R-4, and B-1 Zones, two-family dwellings may be constructed on scattered sites or as a group development of no more than four two-family attached dwellings. For a grouped development, the following standards apply:

a.

All two-family dwellings shall have frontage on a public street.

b.

A minimum of 20 percent of the gross land area shall be reserved as open space.

c.

The grouped development shall be compatible with the architectural character and site development features of the existing neighborhood; each two-family dwelling shall be different and distinctive in architectural features and form so that the development enhances and blends in with the existing built neighborhood.

d.

The grouped development site and each building shall be landscaped.

e.

There shall be no common trash dumpsters, equipment, or grouped parking areas.

(Code 1996, § 114-176.2; Ord. of 2-10-2014, § 2)

The following standards apply to townhouses:

(1)

Contiguous units. No more than six contiguous townhouse dwelling units shall be constructed as a group.

a.

Contiguous group shall have differentiated building facades with varying setbacks.

b.

Contiguous group architecture shall reflect the neighborhood residential design, scale, and building materials.

c.

Contiguous group shall not extend more than 200 feet in length.

d.

Contiguous building groups shall be separated by a minimum of 20 feet.

(2)

Lot width, individual unit. The minimum width for individual townhouse lot shall be 20 feet.

(3)

Lot frontage. All townhouse units shall front on or have access to a public street.

(4)

Lot area. A townhouse development shall have a minimum of one acre.

(5)

Density. The permitted density of a townhouse development shall be eight dwelling units per acre in R-3 and B-1, and 12 dwelling units per acre in R-4.

(6)

Yard requirements. Yard setbacks shall be as established in the zoning district, except that interior townhouse units are exempt from side yard requirements. For infill townhouse developments, the front yard setback may be adjusted as provided for in article IV, division 7 of this chapter for infill developments.

(7)

Parking. No off-street parking spaces or driveways shall be permitted between a public or private street and any principal building. Off-street parking spaces may be grouped in bays if not located between a public or private street and any principal building. Where parking is provided for each individual townhouse unit, access to parking shall be from the rear of the unit.

(8)

Pedestrian access. The townhouse development shall include a pedestrian circulation and access plan, including appropriate sidewalks, street crossings, pedestrian connections, trails, etc.

(9)

Open space. The following open space requirements apply to townhouse developments:

a.

For multiple townhouse dwelling units located on a single lot, a minimum of 100 square feet of usable open space shall be provided for each dwelling unit.

b.

Where each townhouse unit is located on individual lot, a minimum of 100 square feet of usable open space shall be provided on each zoning lot.

(10)

Subdivision. Townhouse units may be subdivided into individual lots. However, within a townhouse development, open space, common areas or amenity facilities including all associated buildings, structures, facilities, lighting and landscaping shall remain for the life of the development under ownership of a single individual, entity or association responsible for maintenance thereof. The developer of a townhouse development shall demonstrate to the satisfaction of the zoning administrator that this requirement is satisfied.

(Code 1996, § 114-176.3; Ord. of 2-10-2014, § 2)

The following standards shall apply to multifamily dwellings:

(1)

Lot area. The minimum lot required for a multifamily dwelling shall be 10,000 square feet.

(2)

Density. The maximum density for a multifamily dwelling in the R-4 zone shall be 20 dwelling units per acre.

(3)

Lot frontage. A multifamily dwelling shall have a minimum of 100 feet of frontage on a public street.

(4)

Yard requirements.

a.

Front yard: 25 feet.

b.

Side yard: 20 feet.

c.

Rear yard: 25 feet.

d.

Where a side or rear yard abuts a single-family dwelling, additional transitional yard buffer standards apply.

(5)

Lot coverage.

a.

The maximum lot coverage for a multifamily dwelling shall be 40 percent in the R-3 District;

b.

The maximum lot coverage for a multifamily dwelling shall be 50 percent in the R-4 District.

(6)

Parking.

a.

No off-street parking spaces or driveways shall be permitted between the public street and any principal building.

b.

Off-street parking spaces may be grouped in bays.

c.

Parking shall be provided and landscaped as required by other provisions of article IV, division 7 of this chapter.

(7)

Pedestrian access. The townhouse development shall include a pedestrian circulation and access plan, including appropriate sidewalks, street crossings, pedestrian connections, trails, etc.

(8)

Signs. One ground-mounted sign is permitted for a multifamily development with eight or more units. The sign shall not exceed 20 square feet in size and shall be lighted using only ground-mounted and shielded, directed lighting fixtures.

(9)

Required amenities.

a.

Laundry facilities shall be provided within each dwelling unit or building.

b.

Common recreational facilities shall be provided for multifamily developments with 12 or more units. These may include such facilities as a playground, ball court, swimming pool, activity area, club house, gym, outdoor space or trail, or other similar use. Recreational facilities shall be located and operated to minimize impacts on adjacent properties with respect to noise, lighting, and hours of operation.

c.

Open space shall be provided for multifamily developments with 12 or more units. At least 20 percent of the lot area shall be dedicated to landscaped open space that can include required yards, but not parking, utility, or common facility areas.

d.

Enclosed waste management facilities shall be provided for each multifamily dwelling building. All facilities shall be conveniently located, landscaped, and maintained. No such facility shall be located in any required yard or open space.

(10)

Management offices. Property management offices may be permitted as an accessory use to a multifamily dwelling or development that contains 12 or more dwelling units.

(Code 1996, § 114-176.4; Ord. of 2-10-2014, § 2)

The following standards shall apply to an accessory apartment:

(1)

Only one accessory apartment shall be permitted on a lot.

(2)

There shall be no exterior changes to the front elevation of an existing single-family home, including any separate entrance for the accessory apartment.

(3)

An accessory apartment may be metered separately for utilities from the principal single-family detached dwelling.

(4)

An accessory apartment shall not exceed 400 square feet of gross floor area.

(5)

An accessory medical cottage specifically designed for the medical care of a family member is permitted as a secondary use on the single-family lot. However, the accessory use must meet all setback and lot coverage requirements, and cannot exceed 400 square feet of gross floor area.

(Code 1996, § 114-176.5; Ord. of 2-10-2014, § 2)

The following standards shall apply to manufactured homes that are 24 or more feet in width and are compatible in appearance with the predominant general character of single-family dwellings in the immediate area of the manufactured home:

(1)

Manufactured homes shall be subject to all other regulations and requirements applicable to single-family dwellings in this district.

(2)

Manufactured homes shall be situated on permanent foundations with full perimeter masonry skirting.

(3)

The roof pitch shall be not less than 5/12 .

(4)

Siding and roof materials shall be of residential type and appearance.

(5)

A front porch and front door shall be provided with orientation to the street on which the lot fronts.

(6)

The manufactured home unit shall be installed within one year of approval of the special use permit by the town council.

(7)

Footers shall be installed before delivery of the home.

(8)

The applicant shall assemble the home within 15 days of delivery to the installation site.

(9)

Manufactured homes shall not be located within the boundaries of any town historic district as identified in the comprehensive plan.

(Code 1996, § 114-176.6; Ord. of 2-10-2014, § 2)

(a)

Purpose. The purpose of these use and design standards for home occupations is to:

(1)

Ensure that a home occupation is compatible as an accessory use with a residential property and that will not adversely affect the residence or adjacent residential properties;

(2)

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

(3)

Allow residents to work out of their home under certain specified standards;

(4)

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

(5)

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

(b)

Applicability. Regulations of this section shall apply to all home occupations permitted in any zoning district. No home occupation shall be initiated or established except in conformance with the standards set forth in this section.

(c)

Prohibited home occupations. The following uses shall be specifically excluded as home occupations: contractor shop, escort service, body piercing parlors and tattoo parlors.

(d)

A home occupation shall meet the following use and design standards:

(1)

Home occupation shall be incidental and secondary to the use of the dwelling for residential purposes.

(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)

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

(4)

The maximum floor area permitted for a home occupation shall be 25 percent of the finished floor area of the dwelling unit.

(5)

There shall be no outside storage of goods, products, equipment, or other materials associated with the home occupation. The interior storage of goods or products shall not exceed five percent of the finished floor area.

(6)

No equipment or process shall be used in a home occupation which creates noise in excess of 60dB(A) measured at the property line, or vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises or through common walls. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls.

(7)

No toxic, explosive, flammable, radioactive, or other hazardous materials shall be used or stored on the property.

(8)

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

(9)

The type and volume of pedestrian and vehicular traffic generated by anticipated customers and deliveries associated with a home occupation shall maintain the residential character of the area and be consistent with normal residential activities. Traffic and parking shall be kept to the minimum and as per standards defined by the zoning administrator so as not to disturb or distract from adjacent residences.

(10)

Home occupations relating to construction or specialty trades may operate only for office functions. There shall be no storage of commercial equipment on the property. Commercial vehicles relating to construction shall be parked behind the front line of the house.

(11)

Only persons who are permanent residents of the property shall be engaged in the home occupation.

(12)

No more than three customers or clients of the home occupation shall be present on the premises at the same time.

(Code 1996, § 114-176.7; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § II)

(Code 1996, § 114-177; Ord. of 2-10-2014, § 2)

(a)

The minimum lot size shall be 10,000 square feet.

(b)

For existing structures, all modifications to the exterior shall maintain the residential character of the structure and be compatible with surrounding residential properties.

(c)

Parking shall be located behind the building and shall be landscaped sufficiently to maintain the residential character of the property and that of the adjacent properties. There shall be no exterior lighting of the parking area.

(d)

Exterior lighting shall be compatible with the surrounding neighborhood.

(e)

Signs shall not exceed two square feet in area.

(f)

Group home shall have at least one on-site residential supervisor or manager on the premises at all times.

(g)

Group home shall be licensed and registered in accordance with provisions established by the state.

(Code 1996, § 114-177.1; Ord. of 2-10-2014, § 2)

The following standards shall apply to day care homes:

(1)

All day care homes shall comply with applicable building, site, and functional regulations established by the commonwealth department of social services for the care of children or adults in a home care facility operated by an individual.

(2)

Any group home in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident counselors or other staff persons shall be considered as a single-family residential occupancy.

(3)

Any group home in which no more than eight aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons shall be considered as a single-family residential occupancy.

(4)

Any group home in which no more than eight handicapped persons, as defined by the Federal Fair Housing Act, reside, with one or more resident counselors or other staff persons shall be considered as a single-family residential occupancy.

(5)

There shall be no signs permitted for either licensed or unlicensed day care homes in residential zones. Signs for day care homes in business zones shall be as regulated in the zoning district.

(Code 1996, § 114-177.2; Ord. of 2-10-2014, § 2)

The following standards shall apply to family day homes:

(1)

All family day homes shall comply with the applicable building, site, and functional requirements established by the commonwealth department of social services for the care of children or adults.

(2)

Use of a dwelling unit as either a small or large family day home shall be a home occupation.

(3)

All development standards for the zoning district in which the use is located shall apply.

(4)

Exterior lighting shall be compatible with the surrounding neighborhood.

a.

All lighting shall be directed and shielded so that light and glare do not extend to or interfere with activities on adjacent properties.

b.

Lighting fixtures shall not exceed 15 feet in height in all residential and B-1 Zones.

c.

Lighting shall be controlled and shut off after 11:00 p.m., unless in a B-2, B-3, or B-4 Zone.

d.

There shall be no signs permitted for either licensed or unlicensed family day care homes in residential zones. Signs for day care homes in business zones shall be as regulated in the zoning district.

e.

All supplemental standards in article IV of this chapter for parking, landscaping, and yards shall apply.

(Code 1996, § 114-177.3; Ord. of 2-10-2014, § 2; Ord. of 5-12-2014, § IV)

The following standards shall apply to all nursing homes and assisted living facilities for more than eight persons:

(1)

Minimum lot size for nursing homes and assisted living facilities shall be 20,000 square feet.

(2)

Minimum front yard setback on the primary street shall be 25 feet.

(3)

Minimum side yard setback shall be 20 feet.

(4)

Minimum rear yard setback shall be 25 feet.

(5)

The front yard shall be landscaped and there shall be no driveways or parking permitted within the front yard setback.

(6)

Parking shall be located generally behind the primary building; however, one row of parking may be permitted at the front of the building, along with an accessible drop-off area for the main entrance.

(7)

Development shall include pedestrian sidewalks and access areas.

(8)

Exterior lighting of the facility shall be in keeping with other surrounding uses in the applicable zoning district. In all residential zones, lighting fixtures shall not exceed 15 feet in height and shall be controlled and shut off after 11:00 p.m.

(9)

One ground-mounted or building-mounted sign shall be permitted in a residential zone. Sign shall not exceed 20 square feet, shall be non-illuminated, and shall not have digital moving message boards. Signs in other zones shall be as regulated in the zoning district.

(10)

All supplemental standards in article IV, division 7 of this chapter for parking, landscaping, and yards shall apply.

(Code 1996, § 114-177.4; Ord. of 2-10-2014, § 2)

(Code 1996, § 114-178; Ord. of 2-10-2014, § 2)

The following standards shall apply to churches and similar places of assembly:

(1)

The minimum lot size shall be 10,000 square feet.

(2)

Yards shall be as required in the zoning district, except that side yards shall be a minimum of 20 feet.

(3)

Parking shall be located behind the front line of the primary building.

(4)

Site development shall include plans for safe pedestrian and vehicular access and internal circulation. Site entrances from public streets shall be combined to the extent feasible and located to minimize impacts on adjacent properties.

(5)

Exterior lighting shall be compatible with the surrounding neighborhood.

a.

All lighting shall be directed and shielded so that light and glare do not extend to or interfere with activities on adjacent properties.

b.

Lighting fixtures shall not exceed 15 feet in height in all residential and B-1 Zones.

c.

Lighting shall be controlled and shut off after 11:00 p.m., unless in a B-2, B-3, or B-4 Zone.

(6)

One ground-mounted or building-mounted sign shall be permitted in a residential zone. Sign shall not exceed 20 square feet, shall be non-illuminated, and shall not have digital moving message boards. Signs in other zones shall be as regulated in the zoning district.

(Code 1996, § 114-178.1; Ord. of 2-10-2014, § 2; Ord. of 5-12-2014, § IV)

The following standards apply to major and minor public utilities: In the DR-1 District, public utilities, major and minor shall be designed and sited to meet adopted floodway regulations.

(Code 1996, § 114-178.2; Ord. of 2-10-2014, § 2)

(Code 1996, § 114-179; Ord. of 2-10-2014, § 2)

(Code 1996, § 114-180; Ord. of 2-10-2014, § 2; Ord. of 5-11-2015(1) , § III)

(a)

The standards of this section apply whenever a special use permit is sought for a broadcasting or communications tower. Any wireless communication antenna which meets the definition of a "utility service, minor," is not subject to the provisions of this section.

(b)

General standards.

(1)

The following sites shall be considered by applicants as the preferred order of location of proposed broadcasting or communication facilities:

a.

Existing broadcasting or communication towers.

b.

Property zoned industrial.

c.

Public structures, such as water towers, utility structures, fire stations, bridges, and other public buildings within all zoning districts not utilized primarily for residential uses.

d.

Property zoned general commercial.

e.

Property zoned downtown commercial.

f.

Property zoned primarily for residential uses.

(2)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the town council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

b.

Existing towers or structures do not have sufficient height to meet applicant's engineering requirements.

c.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

d.

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

e.

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

f.

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

(3)

The maximum height of any broadcasting and communication facility shall be made a condition of the special use permit.

(4)

Broadcasting or communication towers shall conform with each of the following minimum setback requirements:

a.

Towers shall have a minimum front, side, and rear yard setback equal to the height of the tower.

b.

Towers guys and accessory structures shall satisfy the minimum setback requirements of the underlying zoning district.

c.

Towers shall not be located between the principal structure and a public street.

d.

For any lot which abuts a lot zoned R-2, R-3, or R-4, the maximum height of any tower, including antennas and attachments, shall not exceed one foot for each two feet of distance between the tower and such property line.

e.

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the town council, to allow the integration of a power into an existing or proposed structure such as a church steeple, light pole, utility pole, or similar structure.

(5)

More than one tower may be permitted, provided all setback requirements have been met.

(6)

All broadcasting or communication facilities shall be designed, structurally, electrically, and in other respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users, if the tower is over 100 feet in height, or for at least one additional user if the tower is over 60 feet in height. Wireless telecommunication providers shall respond to co-location requests within 90 days.

(7)

Proposed or modified towers and antennas shall meet the following design requirements:

a.

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

b.

Broadcasting or communication towers shall be of a monopole design unless the town council determines that an alternative design would better blend in to the surrounding environment.

(8)

Towers shall be illuminated as required by the Federal Communications Commission, (FCC) but no lighting shall be incorporated if not required by the FCC, other than essential security lighting. Site lighting shall not be directed toward adjacent properties. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(9)

Towers shall be located in an area where they are unobtrusive and do not substantially detract from aesthetics or neighborhood character, due to either location, to the nature of surrounding uses, or to lack of visibility caused by natural growth or other factors.

(10)

A buffer yard shall be provided surrounding the facility. The special use permit application shall include a landscape plan showing the locations, species, and size at planting for the landscaping proposed.

(11)

On-site signage shall be limited to no trespassing or safety signs to be positioned on the fence surrounding the facility. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(12)

No new or existing telecommunications service shall interfere with public safety communications. Before the introduction of new service or changes in existing service, telecommunications providers shall notify the town at least ten calendar days in advance of such changes and allow the town to monitor interference levels during the testing process.

(13)

There shall be no outdoor storage associated with the facility.

(14)

All towers and associated facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the zoning administrator. In the event that a tower is not removed within six months of the cessation of operations at a site, the tower and associated facilities may be removed by the town and the costs of removal assessed against the owner and property.

(c)

Additional standards in the R-1, R-2, R-3, R-4 and PD-R Zoning Districts. Broadcasting or communication towers shall be allowed only in the following locations:

(1)

Church sites, when camouflaged as steeples or bell towers.

(2)

Park sites, when compatible with the nature of the park.

(3)

Government, school, utility, and institutional sites.

(4)

Other similar site or structure.

(d)

Additional standards in the R-1, R-2, R-3, and R-4 zoning districts: Maximum height, including tower, antennas, and other attachments shall not exceed 35 feet except when included in a church steeple, bell tower, water tower, light pole, or other similar architecturally compatible structure.

(Code 1996, § 114-180.1; Ord. of 2-10-2014, § 2)

The following standards apply to gas stations in the B-1, Neighborhood Business District:

(1)

Up to four fuel pumps shall be permitted in the neighborhood business district.

(2)

Fuel pumps shall be located at least 25 feet from the property line of any abutting residential lot.

(3)

Fuel pump canopies shall be designed to be minimal in height and scale and blend with the adjacent neighborhood character.

(4)

The maximum height for fuel pump canopy shall be 15 feet.

(5)

Canopy shall be set back a minimum of ten feet from the street. See section 58-847.

(6)

Fuel pump canopies shall be illuminated only from the underside. There shall be no backlighting or illumination of any portion of the fascia of the canopy.

(7)

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 lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site.

(8)

The vertical dimension of the fascia of such canopy shall be no more than two feet.

(9)

Signs attached to the canopy shall not be illuminated or extend beyond the fascia of the canopy.

(10)

There shall be no temporary signs or banners permitted on the premises.

(11)

There shall be no outdoor display or storage of merchandise; all merchandise shall be located in the primary building.

(12)

Entrances from the street shall be consolidated, and limited to the minimum required, for safe vehicular ingress and egress, and pedestrian circulation.

(13)

Landscaping of the street frontage shall be required as established in article IV, division 7 of this chapter.

(Code 1996, § 114-180.2; Ord. of 2-10-2014, § 2; Ord. of 6-8-2015(1) , § II)

The following standards shall apply to all temporary, seasonal or permanent flea markets:

(1)

Where permitted, permanent flea markets shall be operated within a totally enclosed building. There shall be no outdoor display of merchandise unless a seasonal permit has been applied for an issued in accordance with the provisions set forth herein.

(2)

Seasonal or temporary flea markets may be operated outside an enclosed building, provided that:

a.

A permit has been issued for the operation that sets forth the conditions for the seasonal or temporary use, including such things as: duration, hours of operation, display and storage of merchandise, temporary building structures and placement, and other pertinent conditions as may be determined by the zoning administrator.

b.

There shall be no overnight storage of merchandise on the property. Except that approved temporary structures (such as vendor booths or tents) may be permitted.

c.

Vendors and display of goods shall be organized to allow clear and easy access for the public.

d.

A pedestrian and vehicular circulation plan must be submitted and approved by the zoning administrator. In addition, a parking plan shall be submitted and approved.

e.

There shall be no operations before 7:00 a.m. or after 8:00 p.m.

f.

Where the operation abuts a residential property, there shall be a buffer yard of at least 25 feet required with no displays, storage or customer parking.

g.

Only one temporary sign or banner shall be permitted that does not exceed 20 square feet in area.

(Code 1996, § 114-180.3; Ord. of 2-10-2014, § 2)

Any motor vehicle or boat sales, service or repair establishment permitted in a zoning district, shall be subject to the following standards:

(1)

The minimum lot size shall be 10,000 square feet.

(2)

The minimum lot width shall be 100 feet.

(3)

Display or storage areas shall be located no closer than 20 feet to a front lot line and ten feet to a side or rear lot line.

(4)

Any display or storage area shall be limited to paved surfaces and vehicles shall be arranged in an orderly fashion that enables maneuverability of vehicles.

(5)

Where the use abuts a residentially zoned lot, a transitional buffer yard shall be provided along the applicable abutting property lines as set forth in article IV, division 7 of this chapter.

(6)

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

(7)

All damaged or inoperative vehicles or boats shall be housed within an enclosed building, or behind a solid fence, that sufficiently screens them from public view. Any parts removed from damaged or inoperative motor vehicles shall be stored within an enclosed building.

(8)

There shall be no outdoor storage of inoperable vehicles or boats in the floodway.

(9)

Front yard landscaping for street frontages and parking areas shall be as set forth in article IV, division 7 of this chapter.

(10)

The exterior display or storage of new or used vehicle or boat parts is prohibited.

(11)

Painting and body repair shall be conducted within an enclosed building specially designed for this type of work.

(Code 1996, § 114-180.4; Ord. of 2-10-2014, § 2)

(a)

Drive through facilities. The following standards apply to restaurant drive-through facilities for the purposes of minimizing conflicts with on-site vehicular and pedestrian circulation and any effect on adjacent properties.

(1)

Drive-through facilities shall provide the minimum number of vehicular stacking spaces on site to facilitate safe egress and ingress with no stacking of vehicles in the public right-of-way. The zoning administrator shall consult with the applicant and establish the minimum number of stacking spaces required and the required vehicular and pedestrian circulation patterns.

(2)

Stacking lanes shall promote safe circulation on the site of vehicles, pedestrians and customer parking, and promote safe egress and ingress to public rights-of-way.

(3)

Stacking lanes shall be clearly identified and delineated from traffic aisles and parking areas by means of striping, curbing, landscaping, use of alternative paving materials, or raised medians. Entrances to stacking lanes shall be clearly marked. The entrance into the drive-through lane shall not conflict with general access to the site.

(4)

Menu boards and speakers shall be located at least 50 feet from the property line of any residentially zoned property. Speaker noise shall not be audible to any occupant of an adjacent property or beyond property boundaries.

(b)

Outdoor dining areas. The following standards shall apply to outdoor dining areas:

(1)

Outdoor dining areas shall be secured by attractive fencing, plantings or other approved boundary methods.

(2)

Outdoor dining areas shall not exceed 25 percent of the interior floor area of the restaurant.

(3)

No outdoor dining area shall be located within 100 feet of any residential property.

(4)

Any electrical supply for lighting or other needs shall be safely secured and approved by the appropriate local code official.

(5)

Outdoor entertainment or music shall be permitted with outdoor dining areas as approved by the zoning administrator, and shall not be permitted after 10:00 p.m.

(6)

Outdoor dining shall meet all other zoning requirements for the district and the area dedicated for the use shall be included in any calculations with respect to applicable zoning or building requirements.

(Code 1996, § 114-180.5; Ord. of 2-10-2014, § 2)

The following standards shall apply to retail uses greater than 50,000 square feet:

(1)

Street orientation and facades.

a.

The street elevation of the large retail building shall have at least one major street-oriented primary entrance and contain the principal windows of the store.

b.

The scale, massing, and building design shall be compatible with surrounding development.

c.

Architectural detailing shall be incorporated into all facades of the building to avoid a blank or monotonous appearance on any facade. Architectural detailing shall include variations in rooflines, wall setbacks, windows and doors, building materials, and color. However, architectural detailing for rear service facades can be simplified to meet functional needs.

(2)

Site design.

a.

The site design shall incorporate clearly defined vehicular and pedestrian circulation patterns.

b.

Pedestrian access to the front of the building shall be emphasized and appropriate design features included that promote pedestrian activity and use pedestrian-scaled features.

c.

Street entrances shall be consolidated and located to maximize safety, efficient traffic circulation, and minimize impact on any adjacent development.

(3)

Parking and loading areas.

a.

Parking areas shall be landscaped using suitable canopy street trees along all street frontages and within the interior of the lot in accordance with the landscaping provisions in article IV, division 7 of this chapter. In addition to the required trees, landscaping of the site and the building can include ornamental trees, shrubs and other vegetation. All interior parking lot plantings shall be in designated planting areas sufficient to permit growth and protect landscaping from vehicles.

b.

Alternative pavements, such as brick pavers or porous pavement, pervious temporary overflow parking areas, and/or other low impact development techniques for stormwater management are encouraged.

c.

Loading areas shall be sited to minimize impact on any surrounding residential development.

(4)

Exterior lighting.

a.

Exterior lighting shall be controlled and directed to prevent unnecessary illumination of adjacent properties.

b.

All lighting fixtures shall include shields that direct lighting downward.

c.

Lighting fixtures shall not exceed 25 feet in height.

d.

Lighting of signs, buildings and displays shall be directed downward.

(5)

Outdoor storage and displays. The outside storage of goods, supplies, materials, or heavy equipment shall be located in the rear or side yard and shall not exceed 25 percent of the total site area.

(Code 1996, § 114-180.6; Ord. of 2-10-2014, § 2)

The following standard shall apply to taxi and limousine services: No zoning approval may be issued for a taxi and/or limousine service business unless a certificate of public convenience and necessity has been approved and issued by the town council in accordance with chapter 56.

(Code 1996, § 114-180.7; Ord. of 5-11-2015(1) , § III)

Dance halls shall not remain open later than 1:00 a.m.

(Code 1996, § 114-180.8; Ord. of 5-11-2015(1) , § III)

The number of pawn shop business locations within the town corporate limits shall be limited to three.

(Code 1996, § 114-80.9; Ord. of 5-11-2015(1) , § III)

(Code 1996, § 114-181; Ord. of 2-10-2014, § 2)

(Code 1996, § 114-182; Ord. of 2-10-2014, § 2; Ord. of 5-11-2015(1) , § III)

The following standards shall apply to amusement and entertainment facilities:

(1)

All amusement and entertainment facilities shall require a special use permit that defines specific activities permitted and operating conditions, including those listed herein and others that may be applicable, as determined by the zoning administrator or town council.

(2)

Indoor amusement and entertainment uses shall be located within a completely enclosed building.

(3)

Outdoor amusement and entertainment uses shall specify outdoor activities, including any music or entertainment.

(4)

Dance floor areas shall be limited to 150 square feet or 15 percent of the gross floor area of the building, whichever is least.

(5)

Billiard or pool tables shall be limited to two per 4,000 square feet of building area, and no more than a total of four per establishment.

(6)

Customers shall be supervised and crowds managed to ensure public safety. Loitering and assembly of patron outside of the amusement and entertainment facility shall not be permitted.

(7)

Parking requirements shall be as determined by the zoning administrator based upon the use, building capacity and the number of customers expected for activities and events.

(8)

Property shall be maintained in a clean and sanitary condition. Trash and outdoor containers shall be monitored frequently and attended to daily.

(9)

Where an amusement and entertainment facility is located within 100 feet of a residential district or residential use, provisions shall be made to address the effects of any outdoor lighting, noise, parking, or crowds on the residential use. The zoning administrator or town council may determine specific conditions for the use to address residential impacts, such as, but not limited to, restricting the hours of operation, establishing noise level restrictions, requiring special security measures, and requiring shielded and directed lighting.

(10)

Adult entertainment establishments are prohibited.

(Code 1996, § 114-182.1; Ord. of 2-10-2014, § 2; Ord. of 10-5-2020, § IV)

In the DR-1 District no permanent assembly structures shall be located in the floodway.

(Code 1996, § 114-182.2; Ord. of 2-10-2014, § 2)

The following use standards shall apply to all shooting ranges:

(1)

General safety requirements for all ranges.

a.

All ranges shall have clearly defined shooting stations, shooting lanes and target areas. On shotgun ranges there shall be a 300-yard safety zone in which the shots shall fall. Shot size allowed on shotgun ranges shall be 7½s, 8s, and 9s.

b.

Notice shall be prominently posted of the days and hours range will be open.

c.

"Shooting Range—No Trespassing" signs shall be prominently posted to apply when range is closed.

d.

Ranges shall be fenced to prevent unauthorized use or accidental trespassing.

e.

A red pennant flag (six feet long, three feet at pole end, tapering to 1½ inch at tip) shall be displayed whenever range is in operation.

f.

Proper signs marking impact areas and safety zones shall be prominently posted.

g.

Signs bearing the following legend will be prominently posted around the perimeters of the property containing the firing range: "Shooting Range—Caution—Keep Out."

h.

The following additional safety measures shall be required:

1.

Gun racks.

2.

Shooting benches and sandbags.

3.

Fence or rope to keep spectators behind the assembly area which is immediately behind firing line area.

i.

Whenever the firing range, or any part thereof, is in use, a firing range supervisor shall be present and shall supervise the discharge of any firearms thereon. The firing range supervisor shall not permit any person to discharge a firearm on the range without his consent, and he shall cause any person who fails or refuses to comply with his directions to leave the range. For purposes of this section, the term "firing range supervisor" means a person designated by the owner or operator of a firing range to be responsible for maintaining strict control over the persons using the range. Such person shall have a full understanding of the function and capabilities of the firearms being used on the range and the safety measures necessary for proper use of the range.

(2)

Specific standards for outdoor shooting ranges. The following specific standards shall apply to all outdoor shooting ranges:

a.

Backstops shall be required in all cases and must be capable of stopping and containing bullets used on the range.

1.

The backstop can be a natural hill or manmade embankment:

(i)

Free of rock or hard material.

(ii)

A minimum of 13 feet high for pistol and a minimum of 30 feet high for rifles.

(iii)

Back stop slope should be as steep as possible but no less than 45 degrees.

(iv)

Shall extend beyond ends of target lines.

2.

Other suitable backstops:

(i)

Sandbags at least two feet thick.

(ii)

Stacked and staggered automobile tires filled with sand or rock free earth.

(iii)

Angled steel plates. Thickness and hardness depends on firearms used on the range. May also be used as "eyebrows" (roofs over berms) on other backstops.

b.

Impact areas and safety zones shall extend to maximum range potential. Other factors such as topography or baffling may reduce safety zone. A baffled range has incorporated into its design a series of overhead or and/or ground baffles (flat plates that can control or direct the bullets), or similar construction features, that serve to contain fired bullets or ricochets to the active range area.

c.

Safety zone shall be uninhabited and posted against trespass.

d.

A safety zone shall include a safety fan if range is unbaffled. At a minimum this should comprise a 20 degrees angle extending outward from each end of the firing line for a distance of at least 1,200 yards.

1.

Rifle range. A safety zone of 2,600 yards shall be required on unbaffled firing ranges.

2.

Pistol range. A safety zone of 1,000 yards shall be required on unbaffled firing ranges.

3.

Shotgun facilities. Safety fan for 300 yards:

(i)

For skeet, arc of 180 degrees maximum; 150 degrees minimum, center right to left of houses.

(ii)

For trap, arc of 94 to 100 degrees centered on trap house.

(3)

Specific standards for indoor shooting ranges. The following specific standards shall apply to all indoor shooting ranges:

a.

Backstops.

1.

Steel plates at 40 to 42 degrees angle supported by concrete or masonry shall be anchored by expansion bolts or toggle bolts, as suitable for the construction, with flush countersunk heads, not more than 12 inches on center of all edges of each plate. Joints and edge lines shall be backed with continuous half-inch plate no less than four inches wide. Bolts shall pierce both facing and back plate. Expansion bolts shall penetrate concrete not less than two inches. Steel plates shall have milled edges at all joints. Joints shall be butted flush and smooth. Plates shall be free from buckle or wave after erection. Exposed edges shall be beveled at 42 degrees to a fillet approximately 1/16 -inch thick. There shall be no horizontal joints in any steel plate work. Welding shall be in accordance with the American Welding Society Code for Welding in Building Construction. Steel plates jointed at and supported on structural steel supports shall be spot welded to steel supports not more than six inches on center. Alternate fabrication and erection may include welding. If this method is used, all surface welds shall be ground smooth.

2.

If the range is to be used for .22 LR-RF only, one-fourth-inch plate of 235 BHN minimum may be used, with recommended maximum angle of 40 to 42 degrees above horizontal. For .38 and .45 handguns, assuming .45 ACP cartridge to be most powerful to be used, one-fourth-inch plate with hardness of 360 BHN minimum should be used, with recommended maximum angle of 40 to 42 degrees above horizontal. For high velocity pistol calibers, the plate should be three-eighths-inch with a hardness of 450 BHN at a 40 degrees angle. Bullet traps such as "venetian blind" and "escalator" type properly installed are recommended. Indoor ranges shall be designed to contain all bullets within its walls, ceiling and floor.

b.

Range ventilation. Proper ventilation to remove carbon monoxide, carbon dioxide, nitrogen oxides, methane, and solid organic material formed by the combustion of smokeless powder shall be required. Proper ventilation is necessary because air-borne lead can easily pass through the nose into the lungs, stomach and directly into the blood stream.

(4)

Certification by the chief of police that a shooting range complies or does not comply with these safety standards. The zoning administrator shall forward a copy of any special use permit application received for any proposed shooting range to the chief of police, who shall review and issue a written determination of whether or not the proposed shooting range is in full compliance with the minimum safety standards as set forth in this section. Such determination, with any accompanying recommendations, shall be forwarded from the chief of police to the zoning administrator prior to the scheduled public hearing dates of the planning commission and town council on the special use permit application request for their consideration in the matter.

(5)

Enforcement. The zoning administrator shall have all necessary authority as afforded by law, and on behalf of town council, if it is subsequently determined by the zoning administrator that a shooting range is not in compliance with the terms of the special use permit approval and/or the requirements of this section, including, but not limited to, the immediate revocation of the special use permit issued authorizing said shooting range.

(Code 1996, § 114-82.3; Ord. of 5-11-2015(1) , § III)

(Code 1996, § 114-183; Ord. of 2-10-2014, § 2)

(a)

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

(b)

An accessory structure shall not be used for human habitation except as provided herein.

(c)

No accessory structure shall be constructed on a lot until a permit for the primary building has been issued.

(d)

The minimum side and rear yard setback for an accessory structure is five feet.

(e)

Except for fences, walls, arbors, trellises, or outdoor light support structures, accessory structures, shall not be located in the front yard, closer to street than the principal building.

(f)

In any residential 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.

(g)

Where dumpsters or refuse containers for nonresidential uses are located on a lot that abuts a residential use, such containers shall be located no closer than 25 feet to the abutting residentially zoned lot.

(h)

Certain temporary uses may be permitted in districts under the following provisions:

(1)

The zoning administrator may permit a temporary use for a period of up to 60 days, or unless otherwise stipulated, after reviewing a sketch plan for the proposed use or structure on the property and concluding that the proposed temporary use complies with the standards and regulations of the zoning district in which the use is to be located.

(2)

These uses may include such uses as:

a.

Outdoor assemblies, provided:

1.

Tents for special events may be permitted provided they are not located in the front yard closer to the street than the principal building and comply with all district yard setbacks.

2.

Additional parking provisions are met to ensure safe access and adequate on-site parking, as determined by the zoning administrator.

3.

The assembly use meets all building and fire codes.

4.

Assembly activities shall be limited to the hours of 9:00 a.m. to 9:00 p.m.

b.

Outdoor sales, provided:

1.

Temporary outdoor sales are permitted only in B-2, B-3, and B-4 business districts.

2.

Items for sale are not located within a public right-of-way or sidewalk.

3.

For sales in existing parking lots, items are located within an enclosed temporary structure, and not located any closer than 20 feet from a public right-of-way. All structures must meet applicable building and fire codes.

4.

Outdoor sales shall not be located within any required yard setbacks.

5.

Outdoor sales shall not be conducted on residential properties.

c.

Portable storage containers, provided:

1.

The container is not located in the front yard setback closer to the street than the principal building.

2.

The placement complies with all district yard setbacks.

3.

Only one container may be placed on a property in a residential district.

d.

Temporary construction trailers for longer than 60 days, provided:

1.

Building permit has been issued for the primary building.

2.

Upon receiving a certificate of occupancy for the primary building, the temporary construction structure shall be removed.

(Code 1996, § 114-183.1; Ord. of 2-10-2014, § 2; Ord. of 5-12-2014, § IV)

In zones where permitted, bed and breakfasts are subject to the following provisions:

(1)

Bed and breakfast shall be permitted only in a residential dwelling and shall be limited to no more than eight bedrooms for overnight guests.

(2)

The property owner shall reside in the dwelling and operate the bed and breakfast.

(3)

Any changes made to the exterior of the building shall be compatible with the residential architecture of the building and not detract from its appearance and function as a residence. The applicant shall submit a plan showing any proposed addition, new exterior door, stairs, lighting or outdoor space.

(4)

Breakfast and other light meals may be served to overnight guests.

(5)

Parking for guests shall be provided onsite, or a combination of on- and off-site parking, if sufficient parking is available offsite. One space per room is required plus one space per employee on duty. A parking plan shall be submitted with the permit application. Additional landscape screening of parking areas may be required to minimize intrusion on adjacent residential properties.

(6)

Signage for the bed and breakfast shall be limited to the following:

a.

Only one sign for the establishment shall be erected on the property. One additional directional sign for parking may be permitted on the premises.

b.

Sign shall be no larger than two square feet and not lighted.

c.

Sign shall be attached to the wall of the building, porch, or ground-mounted.

(7)

Accessory use activities such as luncheons, tea, receptions, and private parties or events may be considered by special use permit and specifically authorized in the permit. The following conditions shall be considered for accessory activities:

a.

Maximum number of persons that can be accommodated.

b.

Types, hours and frequency for indoor and outdoor activities or events.

c.

Provisions for controlling noise.

d.

Guest and overflow parking.

(Code 1996, § 114-183.2; Ord. of 2-10-2014, § 2)

The following standards shall apply to all salvage and recycling yards:

(1)

Recycling centers and salvage yards established or expanded after the effective date of the ordinance from which this division is derived shall be located at least 300 feet from any residential zoning district or conforming residential use.

(2)

All recycling and salvage materials shall be secured to prevent the transfer of debris by natural forces to adjacent properties or waterways.

(3)

All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. This shall be accomplished by enclosure in containers, elevating materials above the ground, separation of materials, preventing the collection of stagnant water, regular extermination procedures, or other appropriate means.

(4)

A recycling center or salvage yard shall require a buffer yard as defined in article IV, division 7 of this chapter.

(5)

In considering an application for a recycling and salvage yard, the zoning administrator shall be provided with the following information for required review and approval:

a.

A vicinity plan showing location and boundaries of the proposed use and types of adjacent land uses, as well as locations of surrounding buildings;

b.

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

c.

A description of the proposal and how it relates to land uses within 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 detailing 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.

(Code 1996, § 114-183.3; Ord. of 2-10-2014, § 2)

Where permitted, outdoor storage or display of equipment or supplies shall comply with the following requirements:

(1)

Outdoor storage shall not be located in any required yard, in any area included in the calculation of required open space, or in any required landscaped areas.

(2)

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

(3)

Outdoor storage areas visible from a street shall be screened from view by landscaping or fencing.

(Code 1996, § 114-183.4; Ord. of 2-10-2014, § 2)

If a qualifying property or assemblage of properties is located within an Urban Development Area, as established in the adopted comprehensive plan for the town, a Traditional Neighborhood Mixed-Use Design (TND) Development is permitted in R-2, R-3, R-4, B-1, B-2, B-3, and B-4. A TND project is defined as having a combination of residential, civic and small business uses that function cohesively as an integrated development. A TND must include a master development plan that meets the following standards:

(1)

Every TND project shall demonstrate a strong physical interrelationship to contiguous land uses, parcels, neighborhoods, individual buildings, civic spaces, infrastructure, and landscaping that create a sense of place and community. Development shall include and encourage Traditional Neighborhood Mixed-Use Design (TND) principles, including, but not limited to:

a.

Connected road networks without dead-end streets or cul-de-sacs that provide easy access within the development and to supporting civic and small business uses;

b.

Connected roads that encourage easy pedestrian crossing and access in terms of navigable street widths and intersections;

c.

Connected pedestrian and other multi-modal facilities, including sidewalks, trails, and similar facilities that encourage walking and alternative transportation other than motor vehicles;

d.

Ample open space, public recreational areas, and other community features;

e.

Roads and development with design features that promote pedestrian activity and pedestrian-oriented functions and appropriately scaled and positioned facilities, structures and amenities;

f.

Building setbacks that encourage dense, neighborhood development patterns with consistent, shallow front and side yards;

g.

Neighborhoods that include a mixture of housing types such as single-family, two-family, townhouses or apartments;

h.

Neighborhoods that include a mixture of supporting civic and small business uses in addition to mixed housing types.

(2)

The minimum acreage required for a TND project shall be two acres.

(3)

Permitted uses and structures. The following uses and structures are permitted subject to all other applicable requirements:

a.

Agricultural use types. Community garden, forest.

b.

Residential use types. Single-family, two-family, townhouse, apartments, home occupation.

c.

Group home use types. Adult or child day care center, family day home, life care facility, assisted living facility.

d.

Civic use types. Church, school, day care home or center, parks, recreational facilities, public facilities and utilities, transportation facilities.

e.

Recreational use types. Public parks and recreation, public recreation assembly.

f.

Office use types. General and medical office, less than 1,500 square feet.

g.

Commercial use types. Retail stores less than 1,500 square feet, grocery stores less than 25,000 square feet, laundromat or dry cleaner, restaurant less than 1,500 square feet and with no drive through, convenience store with no gas, drug store less than 15,000 square feet.

h.

Industrial use types. Planned business park for small office users.

i.

Miscellaneous use types. Accessory uses and structures, art studio and gallery, bed and breakfast, museum, library.

(4)

Yards and lot sizes shall be as set forth on the master development plan and as approved by the zoning administrator.

(5)

Densities for housing development shall be as set forth on the master development plan and as approved by the zoning administrator; however, residential densities shall be at least four units per acre for single family, six units per acre for townhouses, and 12 units per acre for multifamily apartments.

(6)

For any TND development, there shall be percentage requirements established for phased construction of the infrastructure and mixed land uses. At a minimum, following construction of at least one-third of the residential uses, there shall be construction of at least one-third of the civic and business uses, or vice versa. The intent is to ensure that the development will be built out in a balanced manner that achieves a true mixed-use TND concept.

(7)

The master development plan submitted for review and approval shall include the following elements:

a.

Plan that shows existing zoning, land uses, and general building patterns in the development area and in the surrounding or adjacent area.

b.

Written and plan graphic descriptions of the proposed development patterns and uses, including:

1.

Defined features or design elements that promote TND principles;

2.

Identification of natural or historic features that exist and will be preserved;

3.

Plan for connecting roads, pedestrian or other multi-modal transportation features;

4.

Land use plan showing proposed land uses, densities per acre, development footprints, lot sizes, setbacks, common open space, etc.;

5.

Landscape and open space plan.

c.

Maintenance provisions and agreement for any common spaces or facilities.

d.

Any supplemental architectural or design standards or covenants for development.

e.

Proposed phasing plan for construction of the development.

f.

Other provisions deemed pertinent and applicable by the zoning administrator.

(8)

The zoning administrator may refer any request for a TND development to the planning commission for further review and approval.

(Code 1996, § 114-183.5; Ord. of 2-10-2014, § 2; Ord. of 5-12-2014, § IV)

(a)

Outdoor lighting used to illuminate any parking area, sign or similar device, shall be located, directed or shielded so as not to shine directly on or to result in lighting beyond the property, distracting glare, or creation of a potential traffic hazard.

(b)

The exterior of a building, structure or portion thereof shall not be illuminated by outlining such with lights, except for purposes of temporary seasonal decoration or illumination of display windows of permitted businesses.

(c)

In all zoning districts, pole-mounted lighting shall not exceed 35 feet in height, measured from the lowest light-emitting part of the fixture to the adjacent grade. Any lighting fixture within 30 feet of an abutting residential lot line shall be sufficiently shielded to prevent the trespassing of light onto the residentially zoned lot.

(d)

Any building-mounted light shall be mounted below the roof line.

(Code 1996, § 114-183.6; Ord. of 2-10-2014, § 2)

(a)

Applicability. These supplemental use and design standards shall apply to all solar energy facilities constructed after the effective date of the ordinance from which this section is derived, including any physical modifications to any existing solar energy facilities that materially alter the type, configuration, or size of such facilities or other equipment. Except as specifically modified by this section, the requirements set forth in this section to obtain a special use permit to site, develop, construct, install, operate and decommission a solar energy facility shall be in addition to the applicable requirements for any zoning permit, building permit, or other permit required by the town, county, or by any other federal, state, or local law or regulation.

(b)

Zoning districts.

(1)

Small-scale and medium-scale solar energy facilities may be installed by-right in all zoning districts to provide electricity to individual structures, provided a site plan (as applicable) has been submitted to the zoning administrator for review and approval; all federal, state and local regulations have been followed; and the system is located upon the property or structure being served.

(2)

Utility-scale solar energy facilities shall be permitted in the Rural Residential Agricultural District (R-AG) with the approval of a special use permit.

(3)

Any solar energy facility installed upon a roof top shall be permitted in the commercial and industrial zoning districts with the approval of a special use permit.

(4)

Applications, procedures and requirements for small and medium-scale solar energy facilities. In addition to the information, documentation, and materials required for a zoning permit under article II of this chapter, applications for a small and medium scale solar energy facilities shall include a project narrative and site plan that comply with the requirements for utility-scale solar energy facilities. The visual impact, signage, noise, and lighting requirements in subsection (e) of this section shall apply to all small and medium scale solar energy facilities. The fencing requirement and the height restriction in subsection (e) of this section shall apply to all ground-mounted small and medium-scale solar energy facilities. The setback and vegetative buffering requirements in subsection (e) of this section shall apply to all solar energy facilities, unless waived by the zoning administrator. Small and medium-scale solar energy facilities are required to have a decommissioning plan and security that complies with subsection (f) of this section. The zoning administrator may require additional information from the applicant to determine whether the solar energy facility meets the requirements of this section and qualifies as a permitted use as a small or medium-scale solar energy facility.

(5)

Applications, procedures and requirements for utility-scale solar energy facilities. In addition to the information, documentation, and materials required for a special use permit application under article II, division 4 of this chapter, applications for utility-scale scale solar energy facilities shall, unless otherwise provided herein, include the following information:

a.

Project narrative. A written narrative identifying the applicant, solar energy facility owner, and property owner, and describing the proposed solar energy facility, including an overview of the design of the solar energy facility, location; the size of the application area and project area; the current use of the application area; the estimated time for construction and proposed date for commencement of operations; the planned maximum rated capacity of the solar energy facility; the approximate number, representative types and expected footprint of solar equipment to be constructed, including without limitation photovoltaic panels; ancillary buildings or structures, if applicable; and how and where the electricity generated at the solar energy facility will be transmitted, including the location of the proposed electrical grid interconnection, switchyards, and substations.

b.

Site plan. A site plan that satisfies the requirements set forth in section 58-114; in addition, the site plan shall include the following information:

1.

Preliminary locations of the proposed solar equipment.

2.

Proposed locations and maximum heights of substations, switchyards, electrical cabling, panels, solar equipment, battery storage, and all other ancillary equipment, buildings, and structures.

3.

Additional information, as determined by the zoning administrator, such as a scaled elevation view and other supporting drawings, photo or other realistic simulations or modeling of the proposed solar energy facility from potentially sensitive locations as deemed necessary by the zoning administrator to assess the visual impact of the solar energy facility, aerial image or map of the application area, and additional information that may be necessary for a technical review of the proposal. The planning commission or town council may require other relevant information deemed to be necessary to evaluate the application.

c.

Landscaping and screening plan. A landscaping and screening plan showing the proposed use of vegetative buffering, including the use of existing and newly installed vegetation, to screen the solar energy facility. The plan shall address the use of native plants, shrubs, trees, grasses, forbs and wildflowers in the project area and identify any applicable setback requirements.

d.

Documentation of control. Documentation of control over the application area or possession of the right to use the project area in the manner requested. The applicant may redact sensitive financial or confidential information.

e.

Decommissioning plan; security. The applicant shall provide a detailed decommissioning plan that provides procedures and requirements for removal of all parts of the solar energy facility and its various structures at the end of the anticipated useful life of the solar energy facility or if it is deemed abandoned, as provided herein. The plan shall include the anticipated useful life of the solar energy facility, the estimated overall cost of decommissioning the solar energy facility in current dollars, the methodology for determining such estimate, and the manner in which the solar energy facility will be decommissioned. The cost estimate for the decommissioning of the solar energy facility shall be prepared by a professional engineer or contractor who has expertise in the removal of such facilities. The decommissioning plan and the estimated decommissioning cost will be updated upon the request of the zoning administrator, provided the update shall be no more frequently than once every five years.

f.

Additional information. If deemed relevant to the consideration of a special use permit application or the conditions to be included in the special use permit, the zoning administrator, planning commission or town council may require the applicant to submit any of the following information, either as part of the special use permit application or as a condition of any special use permit:

1.

A report by the state department of historic resources state cultural resource information system, or other source acceptable to the zoning administrator, planning commission or town council, identifying historical, architectural, archeological, or other cultural resources on or near the solar energy facility.

2.

A construction plan, including a proposed construction schedule and hours of operation.

3.

The identification and location of any existing solar energy facilities and any known proposed solar energy facilities within a five-mile radius of the proposed facility site.

4.

If requested by an adjacent property owner at a public hearing, a report of impact on adjacent property values prepared by a qualified third party, such as a licensed real estate appraiser.

5.

A glint and glare study that demonstrates either that the panels will be sited, designed, and installed to eliminate glint and glare effects on roadway users, nearby residences, commercial areas, and other sensitive viewing locations, or that the applicant will use all reasonably available mitigation techniques to reduce glint and glare to the lowest achievable levels. Such study shall assess and quantify potential glint and glare effects and address the potential health, safety, and visual impacts associated with glint and glare. Any such assessment must be conducted by qualified individuals using appropriate and commonly accepted software and procedures.

(c)

Community meeting. The applicant for any utility-scale solar energy facility shall hold a public meeting, prior to the public hearing with the planning commission, for the purpose of providing the community an opportunity to hear from the applicant and ask questions regarding the proposed solar energy facility. The meeting shall adhere to the following procedure:

(1)

The applicant shall inform the zoning administrator and adjacent property owners in writing of the date, time and location of the meeting, at least seven but no more than 14 days, in advance of the meeting date.

(2)

The date, time and location of the meeting shall be advertised in a newspaper of record in the town by the applicant, at least seven but no more than 14 days, in advance of the meeting date.

(3)

The meeting shall be held within the town, at a location open to the general public with adequate parking and seating facilities that will accommodate persons with disabilities.

(4)

The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant and provide feedback.

(5)

The applicant, upon additional request from the zoning administrator, shall provide to the zoning administrator a summary of any input received from members of the public at the meeting.

(d)

Application review fees. An application for a special use permit to develop a medium or utility-scale solar energy facility shall require an additional fee, as determined annually by resolution of the town council, which shall be in addition to any other fees required by the town for submission of a special use permit application. This additional fee shall offset the anticipated increase in time and expense to the town to review the special use permit application. In addition, the town may, in the discretion of the zoning administrator, retain qualified third-parties to review portions of a special use permit application for a utility-scale solar energy facility that are outside the town's areas of expertise. Any out-of-pocket costs incurred by the town for such a review shall be paid by the applicant, prior to the public hearing before the planning commission, in addition to any of the aforementioned application fees, provided that the zoning administrator shall submit the estimated cost of such review to the applicant for approval before any such costs are incurred. The town may, in the alternative, and in the discretion of the zoning administrator, accept a review by qualified third-parties selected, retained and paid by the applicant.

(e)

Minimum development standards. The following requirements shall apply to medium and utility-scale solar energy facilities:

(1)

Visual impacts. The applicant shall demonstrate through project siting and proposed mitigation, if necessary, that the proposed solar energy facility will minimize impacts on viewsheds, including from residential areas and areas of scenic, historical, cultural, archaeological, and recreational significance. The solar energy facility shall utilize only panels that employ anti-glare technology, anti-reflective coatings, and other available mitigation techniques, all that meet or exceed industry standards, to reduce glint and glare.

(2)

Signage. All signage on the project area shall comply with all applicable town sign ordinances, as adopted and from time to time amended.

(3)

Noise. Noise levels from the solar energy facility shall comply at all times with all applicable town noise ordinances, as adopted and from time to time amended.

(4)

Setbacks. Notwithstanding any statement herein to the contrary, including the setback requirements set forth in section 58-375, the project area shall be set back a distance of at least 75 feet from all public rights-of-way and main buildings on adjoining parcels, and a distance of at least 50 feet from adjacent property lines. Exceptions may be made for adjoining parcels that are owned by the applicant or are within the project area. The town council shall have the authority to increase or decrease the setbacks required by this section, which may be included in the conditions for a particular permit. Solar energy facilities shall also meet all setback requirements for primary structures for the zoning district in which the solar energy facility is located, in addition to and to the extent such requirements are more restrictive than the requirements set forth by this subsection. Access, erosion and stormwater structures, and interconnection to the electrical grid may be made through setback areas provided that such are generally perpendicular to the property line.

(5)

Fencing. The project area shall be enclosed by security fencing not less than six feet in height. The height and/or location of the fence may be altered in the conditions for a particular permit. The planning commission or town council may require that fencing be installed on the interior of the vegetative buffer required in this section so that it is screened from the ground level view of adjacent property owners. The fencing shall be maintained in good repair at all times while the solar energy facility is in operation.

(6)

Vegetative buffer. A vegetative buffer sufficient to mitigate the visual impact of the solar energy facility from adjoining properties and rights-of-way is required. The buffer shall consist of a landscaped strip located within the setbacks required under this section. The buffer shall consist of existing vegetation and, if deemed necessary for the issuance of a special use permit, an installed landscaped strip consisting of staggered trees and other vegetation. This buffer should be made up of plant materials, with width and height dimensions as directed by the planning commission or town council. The planning commission or town council may require partial or exclusive use of non-invasive plant species and wildlife-friendly native plants, shrubs, trees, grasses, forbs and wildflowers in the vegetative buffer. A recommendation that the screening and/or buffer creation requirements be waived or altered may be made by the planning commission when the applicant proposes to use existing wetlands or woodlands, as long as the wetlands or woodlands are permanently protected for use as a buffer. Existing trees and vegetation may be maintained within such buffer areas except where dead, diseased or necessary for development or to promote healthy growth, and such trees and vegetation may supplement or satisfy landscaping requirements as applicable. If existing trees and vegetation are to be disturbed during the siting, development, construction, installation, operation, or decommissioning of the solar energy facility, the planning commission or town council may require new plantings for the buffer. The buffer shall be maintained in good repair for the life of the solar energy facility.

(7)

Height of solar panels. Ground-mounted solar energy facilities shall not exceed a height of 15 feet, which shall be measured from the highest natural grade below each solar panel. This limit shall not apply to utility poles and the interconnection to the overhead electric utility grid.

(8)

Lighting. Lighting shall be reasonably minimized to the extent necessary for security purposes and shall be designed to minimize off-site effects. Lighting on the solar energy facility shall comply with any town requirements.

(9)

Entry and inspection. The solar energy facility owner will allow the zoning administrator, town manager, county building official, or other federal, state, or local health, safety, and welfare officials, or the agents of any of the foregoing, reasonable access to the facility site for inspection purposes, provided such inspectors will be subject to the facility owners' and/or the operator's safety requirements and protocols while on the facility site.

(10)

Other laws. A solar energy facility shall be designed, constructed, operated and maintained in compliance with standards contained in applicable local, state and federal building codes and regulations that were in force at the time of the permit approval.

(11)

Additional conditions. To preserve and protect surrounding viewsheds and resources, to protect the health, safety, and welfare of the community, and to otherwise advance the purpose and intent of this article, the planning commission and the town council may impose additional conditions to mitigate any potential impacts on the solar energy facility. In addition to the requirements of this section, the solar energy facility shall be constructed, maintained and operated in accordance with any conditions imposed on the permit. Nothing herein shall limit in any manner the nature and scope of reasonable conditions that may be recommended and incorporated into a specific permit.

(f)

Decommissioning of solar energy facilities.

(1)

Unsafe solar energy facilities. If a solar energy facility is determined by the town, or the county building official to be unsafe in accordance with any of the safety requirements under applicable federal, state or local laws, the solar energy facility owner shall be required to repair, update, or otherwise modify the solar energy facility, as directed and within the time period allowed by the town or the county building official. If directed to do so, the solar energy facility owner will remove the solar energy facility in compliance with the decommissioning plan established for such facility.

(2)

Abandoned solar energy facilities. The solar facility energy owner shall provide the town notice of the cessation of commercial operation. If the town determines that any solar energy facility is not commercially operated for a continuous period of six months, the town may notify the solar energy facility owner by registered mail and provide 45 days for a response. In its response, the solar energy facility owner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the town deems the timetable for corrective action to be unreasonable, it may direct the solar energy facility owner to remove the solar energy facility in compliance with the decommissioning plan established for such solar energy facility.

(3)

Decommissioning. Solar energy facilities which have reached the end of their useful life or have not been in active and continuous service for a period of six months shall be removed by the solar energy facility owner in compliance with the decommissioning plan established for such solar energy facility. This period may be extended at the request of the solar energy facility owner, and upon approval of town council.

(4)

Disposal of equipment. When the solar energy facility owner, or other responsible party decommissions a solar energy facility, it shall handle and dispose of the equipment and other solar energy facility components in conformance with federal, state, and local requirements. All equipment, both above and below ground, must be removed as part of the decommissioning plan. Internal paths, roads, travelways, fencing, and landscaping may be left at the discretion of the property owner.

(5)

Security. Prior to approval of a final site plan, the applicant must provide the town with security in the amount of the estimated cost of the decommissioning. Options for security include a cash escrow, a performance surety bond, a certified check, an irrevocable letter of credit, or other security acceptable to the town manager, in an amount equal to the estimated decommissioning cost. The security must remain valid until the decommissioning obligations have been met. The security may be adjusted up or down by the town if the estimated cost of decommissioning is updated, as provided herein; and if updated, the security must be renewed or replaced to account for any such update, if necessary. Notwithstanding any statement herein to the contrary, obtaining and maintaining the requisite security will be a mandatory condition of the special use permit. The security shall be in favor of the town and shall be obtained and delivered to the town before any construction commences at the solar energy facility.

(6)

Failure to remove or repair solar energy facility. If the solar energy facility owner fails to timely remove or repair an unsafe or abandoned solar energy facility after written notice, the town may pursue a legal action to have the solar energy facility removed at the expense of the solar energy facility owner and such person or entity shall remain liable for the expense of removing or repairing the solar energy facility. The town also may call upon the decommissioning security to remove the solar energy facility.

(Ord. of 6-8-2020)

State Law reference— Local regulation of solar facilities, Code of Virginia, § 15.2-2288.7; special exceptions for solar photovoltaic projects, Code of Virginia, § 15.2-2288.8.