(a)

This chapter shall be enforced by the Administrator who shall be appointed by the Town Council. The Administrator shall serve at the pleasure of the Town Council. Compensation for such shall be fixed by resolution or salary appropriation by the Town Council.

(b)

Nothing contained herein shall require any change in the plans or construction of any building or structure for which a building permit was granted prior to the effective date of this chapter. However, such construction must commence within thirty days after this chapter becomes effective and be completed within a period of one year after construction is initiated. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which such operation is located.

Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:

1.

Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines at right angles to such centerlines shall be construed to be such boundaries, as the case may be.

2.

Where a district boundary is indicated to follow a river, creek or branch or other body of water, such boundary shall be construed to follow the centerline at low water or at the limits of the jurisdiction, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

3.

If no distance, angle or curvature, description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on such zoning map. In case of subsequent dispute, the matter shall be referred to the Board of Zoning Appeals which shall determine the boundary.

A special use permit is a permit which the Zoning Administrator may issue upon application only for such special uses as allowed within the terms of this chapter upon which the Town Council specifically acts upon. The granting of a special use permit, when specifically authorized by the terms of this chapter, shall be subject to the following standards and criteria:

(1)

Such use shall be one which is specifically authorized as a special use in the zoning district where the applicant seeks a special use permit.

(2)

Such permits shall only be granted subject to any applicable condition and safeguards as required by this chapter.

(3)

Such permit may be granted subject to additional reasonable conditions and safeguards as may be deemed by the Town Council to be advisable and appropriate.

(4)

Such use shall be found by the Town Council to be in harmony with the general purpose and intent of this chapter.

(5)

Such use shall not adversely affect the character of the zoning district, nor the conservation of property values, neither the health and safety of residents or workers on adjacent properties and in the general neighborhood.

(6)

Such use shall be of such size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.

(7)

Such use shall not conflict with any comprehensive plan or portion thereof which has been adopted by the Town Council.

(8)

Applications for special use permits may be made by any property owner, tenant, government official, department, board or bureau. Such application shall be made to the Zoning Administrator in accordance with rules adopted by the Town Council. The application and accompanying maps, plans or other information shall be transmitted promptly to the Town Manager who shall place the matter on the agenda. No such special use permits shall be authorized except after notice and hearing as required by Section 15.2-2204 of the Code of Virginia. The Zoning Administrator shall also transmit a copy of the application to the Commission, which shall send a recommendation to the Council or appear as a party at the hearing.

The Zoning Administrator shall be appointed by the governing body to administer and enforce this chapter. The Zoning Administrator may hold any other office within the town.

It shall be the duty of the Zoning Administrator to enforce the provisions of this chapter and he shall have such duties and powers as are conferred on him by this chapter and as are reasonably implied for that purpose. The Zoning Administrator's duties shall include, but are not limited to, the following:

(1)

Receive applications for and issue zoning permits and sign permits as permitted by the terms of this chapter.

(2)

Keep an official record of all business and activities including complaints of violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint. All such records shall be open to public inspection, except the names of the complaining party, which the Zoning Administrator may keep confidential. File copies of all applications received, permits issued, reports and inspections made in connection with any structure, building, sign and/or land shall be retained as long as they remain in existence.

(3)

Make inspections as required to fulfill his duties.

It shall be the duty of the Zoning Administrator and such deputies as are appointed by him to enforce the provisions of this ordinance and to refuse to issue any permit for any building, or for the use of any premises which would violate any of the provisions of said ordinance. It shall also be the duty of all officers and employees of the Town to assist the enforcing officer by reporting to him any seeming violation in new construction, reconstruction, or land use.

The purpose of these requirements is to promote the orderly development of certain activities in the Town and to insure that such activities are developed in a manner harmonious with surrounding properties and in the interest of the general public welfare. More specifically, the site plan shall be used to review the following:

(1)

Compatibility with the environment.

(2)

Ability of the traffic circulation system to provide for the convenient and safe internal movement of vehicles and pedestrians.

(3)

Quantity, quality, utility and type of project.

(4)

Required community facilities.

(5)

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

A site plan is required.

(1)

For all buildings, structures or uses as noted in this chapter.

(2)

Where a change of use of an existing structure requires additional parking or other requirements applicable to a new use.

(1)

Any requirement of this division may be waived in writing by the Administrator where the waiver is not adverse to the purpose of this division and the applicant establishes that in his specific case an undue hardship would result from a strict enforcement of this division or that the requirement is unreasonable.

(2)

The Administrator may waive the requirements for site plan review for additions to buildings, structures and uses if, in his opinion, such addition does not substantially affect the purpose and intent of this division.

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

(1)

The scale shall not be smaller than one inch equals fifty feet.

(2)

All site plans shall be submitted on twenty-four inch by thirty-six inch sheets.

(3)

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

(4)

Horizontal dimensions shall be in feet and decimals of feet to the closest one-hundredth of a foot.

The site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture or land surveying shall be prepared by qualified persons and shall be certified by an architect, engineer or land surveyor licensed to practice by the Commonwealth of Virginia within the limits of their respective licenses. The site plan shall provide the following:

(1)

The proposed title of the project and the name of the engineer, architect, landscape architect, surveyor; and/or

(2)

Developer and a signature panel for the Administrator's approval.

(3)

The north point, scale and date.

(4)

Vicinity map at a scale of between one inch equals one foot to one inch equals 4,000 feet. Such map shall show the location of the project in relation to corporate limits and streets in the town.

(5)

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

(6)

The present use of all contiguous or abutting property.

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

Provisions for the adequate disposition of stormwater indicating location, sizes, types and grades of ditches, catch basins and pipes and connection to existing drainage system.

(15)

Provisions and schedule for the adequate control of erosion and sedimentation in accordance with applicable erosion and sedimentation control ordinances and regulations.

(16)

Proposed finished grading by contour, supplemented where necessary by spot elevations.

(17)

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

(18)

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

(19)

Any necessary notes required by the Administrator to explain the purpose of specific items on the plans.

(20)

To the extent not provided for above, the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and other such information as is also required by the subdivision ordinance.

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

(1)

All street and highway construction standards shall be in accordance with those specified in this Code.

(2)

The paving of vehicular travel lanes, driveways or alleys designed to permit vehicular travel on the site and to and from adjacent property.

(3)

Cul-de-sacs shall be designed and constructed in accordance with the street standards specified in subdivisions section of this Code, and may not be construed or employed as a parking bay.

(4)

Minimum utility easement width shall be twenty feet.

(5)

All required screening shall be sufficiently dense to screen development effectively from the adjacent properties.

(1)

Five copies of the plan shall be submitted to the Administrator. The Administrator shall circulate the plan to the relevant departments, boards and Planning Commission for written comments, and notify the applicant of the action taken, which may be approval, approval subject to conditions, or disapproval.

(2)

Site plans for the Planning Commission shall be submitted to the Administrator at least seven days prior to the next regularly or specially scheduled Planning Commission meeting. The site plan shall be considered approved unless the Planning Commission acts within sixty days from the date of submission of the final site plan.

An approved site plan shall expire and become null and void if no building permit has been obtained for the site within twelve months after the approval.

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

No building permit shall be issued to construct, erect or alter any building or structure or any permit or authorization granted to improve or develop land subject to the provisions of this division, unless a site development plan has been submitted and approved.

For the purposes of assuring careful use of difficult topography and good arrangement, appearance, function, and harmony with surroundings and adjacent uses and the objectives of the Comprehensive Plan, and compliance with the requirements of these regulations, site plans for the following major uses shall be submitted and reviewed in accordance with the requirements and procedures of this Ordinance.

1.

Uses permitted by approval as a Conditional Use.

2.

Mobile home parks or subdivisions.

3.

Multiple-family dwellings.

4.

Townhouses or attached two-family dwellings.

5.

Churches, temples, and synagogues.

6.

Drive-in facilities, all types.

7.

Automobile service stations.

8.

Hotels, motels, or motor lodges.

9.

Shopping centers.

10.

Business buildings, office buildings, commercial buildings, or industrial buildings, if such buildings are to contain more than 5,000 square feet of floor area.

11.

Any parking lot or parking facility which is to contain more than 10 spaces.

12.

All uses which utilize common facilities such as entrances and exits, parking and loading facilities.

13.

Any use noted as subject to site plan review.

Unless specifically stated to the contrary, a use noted as subject to site plan review shall be subject to administrative site plan review by the Planning Commission under the provisions of this Ordinance. Where a subdivision is also involved, the review of subdivision plans and site plans will be coordinated under the provisions of this Ordinance and the requirements of the subdivision regulations.

No building shall be erected, constructed, altered, moved, converted, extended, or enlarged, without the owner or owners first having obtained a building permit. Such permit shall require conformity with the provisions of this Ordinance.

No mobile home or trailer or modular home for any purpose shall be placed for occupancy at any location outside a mobile home park without the owner or owners first having obtained a placement permit therefore from the Administrator. Separate permits shall not be required for each mobile home as authorized in an approved mobile home park or as authorized within the limits of a mobile home park as established prior to the enactment of applicable zoning regulations.

No building permit by the Administrator or other authorized official, lawfully issued prior to the effective date of this Ordinance, or of any amendment hereto, and which permit, by its own terms and provisions, is in full force and effect at said date, shall be invalidated by the passage of this Ordinance, or any such amendment, but shall remain a valid and subsisting permit, subject only to its own terms and provisions and ordinances, rules, and regulations pertaining thereto, and in effect at the time of the issuance of such permit; provided that all such permits shall expire not later than six months from the effective date of this Ordinance, unless actual construction shall have theretofore begun and continued pursuant to the terms of said permit.

All applications for building permits shall be accompanied by a drawing or plan in duplicate or as required by the Administrator showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary and required in a specific case, a boundary survey and a staking of the lot by a competent surveyor and complete construction plans. The buildings, including drawings shall contain suitable notations indicating the proposed use of all land and buildings, including the number of families or dwelling units or rental units proposed. A careful record of the original copy of such applications and plans shall be kept in the offices of the Administrator and a duplicate copy shall be kept at the building at all times during construction. In a particular case, the Administrator may waive the requirement for plans when such plan is clearly unnecessary to a decision or the record on the case.

Where certain uses require review and approval of site plans meeting the requirements of this Ordinance, the procedure for processing site plans varies depending on the agency assigned responsibility for preliminary and final approval as follows:

1.

Administrative Site Plan Review to be conducted by the Planning Commission with preliminary and final approval by the Commission. Unless specifically stated to the contrary, administrative site plan review is intended. An appeal from the Commission's decision may be taken to the Town Council, in which case the decision of the Town Council would be final. Site plans in this category are generally for uses having a more limited area of impact or uses where the basic policy decision regarding general appropriateness of the use has been made by the terms of the district regulations and the remaining responsibility is to insure careful design and compatibility with neighboring conditions in accordance with the terms of the Ordinance.

2.

Site Plan Approval by the Town Council after Report by the Planning Commission. These site plans generally cover uses having impact on a substantial area, public and semi-public uses generally covered in the Comprehensive Plan, and uses the appropriateness of which involves a major planning policy decision. Such uses include those listed as conditional uses.

In all cases the review begins with the Administrator. Where a subdivision is also involved, the review of subdivision plans and site plans will be coordinated under the provisions of this Article and the requirements of the subdivision regulations. Generally, approval is required first for preliminary plans followed by approval of final plans which agree with approved preliminary plans and conditions attached thereto. Where a project is large enough that accomplishment by stages is appropriate the site plan will generally be subject to preliminary and final approval with plans in three forms:

1.

General site plan for the overall project, which is called an overall project design;

2.

Detailed site plans for development units or stages as they are to be developed;

3.

Detailed engineering drawings for development units or parts thereof as they are to be developed.

An overall project design would include generally the same items as specified for preliminary site plans but with detail modified as appropriate to the scale of the project.

The preliminary site plans shall be clearly drawn to scale as specified below and shall show the following:

1.

The proposed title of the project, owner or owners of the land, and name of the engineer, architect, designer, or landscape architect, and the developer.

2.

The north point, scale, and date.

3.

Location of the project by an insert map at a scale of not less than one inch equals two thousand feet, indicating the scale, the north arrow, and such information as the names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, towns, and magisterial districts or other landmarks sufficient to clearly identify the location of the property.

4.

Existing zoning and zoning district boundaries and proposed changes in zoning, if any.

5.

The boundaries of the property involved, municipal boundaries, the general location of all existing easements and property lines, existing streets, buildings, or waterways, major tree masses and other existing physical features in or adjoining the project.

6.

Uses of adjoining properties and names of owners.

7.

Topography of the project area with contour intervals of two feet or less, unless waived by the Administrator as clearly unnecessary to review of the project or proposal.

8.

The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures, existing and planned, in or near the project.

9.

The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities.

10.

The general location of proposed lots, setback lines, and easements and proposed reservations for parks, parkways, playgrounds, school sites, and open spaces.

11.

Location with respect to each other and to lot lines, number of floors, number of dwelling units and approximate height of all proposed buildings and structures, accessory and main, or major excavations.

12.

Preliminary plans and elevations of the several dwelling types and other buildings, as may be necessary.

13.

General location, height, and material of all fences, walls, screen planting, and landscaping.

14.

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

15.

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross or net as required by district regulations.

The Administrator may establish additional requirements for preliminary site plans, and in special cases, may waive a particular requirement if, in his opinion, the inclusion of that requirement is not essential to a proper decision on the project. Site plans may be prepared on one or more sheets to show clearly the information required by this article and to facilitate the review and approval of the plan. If prepared in more than one sheet, match lines shall indicate where the several sheets join. Each plan sheet shall reserve a blank space three inches wide and five inches high for the use of the approving authority. Site plans shall be prepared to a scale of one inch equals fifty feet, or such other scale as may be approved by the Administrator as appropriate to a particular case.

The final site plan or final plat shall comply with all laws, regulations and ordinances governing the approval of subdivisions and in addition shall show the following:

1.

All of the features required on the preliminary site plan with sufficiently accurate dimensions, construction specifications and computations to support the issuance of construction permits.

2.

All existing and proposed water and sanitary sewer facilities indicating all pipe sizes, types and grades and where connection is to be made to the County or other utility system.

3.

Provisions for the adequate disposition of natural and storm water in accordance with the duly adopted design criteria and standards of the Town indicating the location, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system, and provision for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.

4.

Existing topography with two-foot contour intervals or such intervals as approved by the Administrator. Where existing ground is on a slope of less than two percent, either one-foot contours or spot elevations where necessary, but not more than fifty feet apart in both directions.

5.

Proposed finished grading by contours supplemented where necessary by spot elevations.

When these regulations require site plan review for certain major uses for which Town Council action is not required, including certain major uses as listed in Section 5 of Article 6 and not otherwise listed as conditional uses, five copies of a preliminary site plan for any of the specified uses shall be submitted to the Administrator for review of the plans for compliance with these regulations and the requirements for preliminary site plans and who shall transmit said plans to the Planning Commission for review at the next regular monthly meeting of the Commission if plans are submitted 21 days prior to said meeting.

The applicant is advised to review his plans in general or sketch form with the Administrator prior to drafting for submittal to the Planning Commission.

The Planning Commission shall examine the proposed site plan with respect to the requirements of this Ordinance, with respect to the traffic and circulation patterns, internal and external, relation to major thoroughfares, utilities, drainage, and community facilities, existing or proposed, surrounding development, existing or future, considerations of topography, flood plains, and the natural environment, the preservation of trees or historic sites, provision for open space, and in general with the objective of insuring a durable, harmonious, and appropriate use of the land in accord with the objectives of the Comprehensive Plan. Except as specified below, no public hearing shall be required. The plans shall be returned to the applicant within 10 days following the Commission meeting as approved, approved subject to conditions, or disapproved. Unless otherwise specified, approval shall be valid for a period of one year prior to issuance of building permits.

If specified conditions are met in revised plans, the Administrator may approve issuance of building permits accordingly, and may approve additional minor changes, if, in the opinion of the Administrator such changes do not substantially affect the original approval or conditions attached thereto. Other changes and amendments may require return of the site plan to the Planning Commission or such other procedures under this Ordinance as the case may require.

The applicant shall submit written proof of notification of all adjoining property owners as to the nature of the proposal and where site plans may be viewed. No site plan shall be approved within five days of any such notice.

In any case where the Administrator is of the opinion that a proposed project subject to administrative site plan review is of such scale and impact that a decision on the site plan should be reached only after a public hearing thereon, the Administrator may schedule such hearing before the Planning Commission in accordance with the procedures and notice specified for such hearings in the rules of the Commission. The applicant shall submit evidence that all adjacent property owners have been notified of the nature, time and place of the public hearing.

Nothing in this section shall be interpreted to permit a grant of a variance to the regulations of this Ordinance or to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.

In any case where the applicant or other party who has a substantial interest in a proposed project is aggrieved by a decision of the Planning Commission regarding a site plan, said applicant or party in interest may file a written Notice of Appeal with the Town Manager who shall place the matter on the agenda of the next regular meeting of the Town Council provided said Appeal is filed within ten working days of the decision. Upon hearing the Appeal, the Town council may reverse or affirm, wholly or partly, or may modify the decision of the Planning Commission and may take such action as it believes appropriate.

Five copies of a preliminary site plan or plans shall be filed with the Town Council through the Administrator. The preliminary site plan shall comply with Section 7 above and the applicable written requirements of Articles 4 and 6, and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Council and the Planning Commission. The Administrator shall forthwith forward the plans and a copy of the application to the Planning Commission.

The Planning Commission shall review the site plan for compliance with the requirements of this Ordinance. Before recommending approval of a site plan, the Planning Commission may make reasonable additional requirements, including, but not limited to, those which may be imposed by the Board of Zoning Appeals contained herein, and especially requirements as to utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening, accessways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining residentially zoned lots or residential uses. The site plan shall be amended in accord with the requirements of the Planning Commission before being submitted to the Town Council with a recommendation for approval. The Planning Commission shall review the plans and prepare its report within a reasonable time, but in no case longer than 60 days after the first public hearing unless the applicant requests additional time in order to prepare revised plans. The Town Council shall not advertise its public hearing until the report and plans shall have been received from the Planning Commission.

Approval by the Town Council of a preliminary site plan for a conditional use shall be valid for a period of one year. Following preliminary approval by the Council, a final site plan in the form of a final plat shall be prepared and filed.

This final plat may be approved by the Administrator and shall comply with the specifications of the Council and the requirements of this Article and applicable laws, regulations, and ordinances governing the subdivision of land. Permits shall be issued in accord with the approved and filed plat.

A temporary site plan may be approved for a proposed development or land use for a period not to exceed one year, where development is in progress and all buildings are of a temporary nature. The drainage, erosion, and sediment control practices, parking, screening, fencing, services, and utility requirements of this Ordinance and this Section may be modified for the purpose of a temporary plan.

Prior to the approval of such temporary site plan a cash bond or letter of credit approved by the Town Attorney, may be required to guarantee that all structures erected under the plan will be removed at the expiration of the period for which the permit was issued.

Items to be shown on a temporary site plan shall be the same as required for preliminary site plans under Section 7 above except as these may be waived by the Administrator.

The procedure for amendment of the boundaries of or the extent of land use for an approved conditional use shall be the same as for a new application, except that minor amendments of an approved site plan and conditions attached to an approved conditional use, or other site plan approved by the Town Council, may be approved by the Planning Commission at a regular meeting after written reports by the Administrator and without a public hearing, provided such change or amendment:

1.

Does not alter a recorded plat,

2.

Does not conflict with the specific requirements of this Ordinance,

3.

Does not change the general character or content of an approved development plan or use,

4.

Has no appreciable effect on adjoining or surrounding property,

5.

Does not result in any substantial change of major external access points,

6.

Does not increase the approved number of dwelling units or height of buildings, and,

7.

Does not decrease the minimum specified yards and open spaces or minimum or maximum specified parking and loading spaces.

No permit shall be issued for any structure in any area covered by a site plan that is required under the provision of this Article except in conformity to such plan which has been duly approved. Permits issued under an approved site plan may be revoked by the Administrator for failure to comply with the approved plan, the conditions attached thereto, or other applicable regulations.

Prior to approval of a building permit there shall be executed by the owner or developer, an agreement to construct such required physical improvements as are located within public rights-of-way or easements, or as are connected to any public facility in form and substance as approved by the Town; and, the Planning Commission may require a bond with surety or conditions acceptable to the Town Attorney in the amount of the estimated cost of the required physical improvements as determined by the departments, divisions, or agencies responsible for such improvements. The aforesaid agreement, bond, or conditions shall be provided for completion of all work covered thereby or for subsequent defects therein, within the time to be determined by the Planning Commission, which time may be extended by the Planning Commission upon written application by the owner or developer, signed by all parties (including sureties) to the original agreement. The adequacy, conditions, and acceptability of any bond hereunder shall be determined by the Town Attorney.

Approval of a site plan submitted under the provisions of this Article shall expire one year after the date of such approval unless building permits have been obtained for construction in accordance therewith. A single one-year extension may be given upon written request by the applicant to the Administrator made within ninety days before the expiration of the approved site plan. The Administrator shall acknowledge the request and shall make a decision regarding the requested extension within thirty days after receipt of the request.

Subject to the time limits and conditions specified in this Ordinance, the rights of an owner or developer to continue a project for which a site plan has been approved shall not be abridged so long as he proceeds toward completion with reasonable care and diligence and in accordance with the terms of the approval.

The owner or developer shall have one set of approved plans, profiles and specifications available at the site at all times when work is being performed. A designated, responsible employee shall be available for contact by Administrator of Inspectors.

Upon satisfactory completion of all installation of the required improvements, the owner shall receive an approval from the Administrator, upon application for such approval. Such approval will authorize the release of any bond which may have been furnished for the guarantee of satisfactory installation of such improvements or parts thereof. Inspection is to be made within a reasonable time of the request, and the bond released as quickly as circumstances will permit.

The installation of improvements as required in this Article shall in no case serve to bind the Town to accept such improvements for the maintenance, repair, or operation thereof, but such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement.

All persons, firms, or corporations appealing to the Board of Zoning Appeals, necessitating the publication of notices in the newspaper shall be required to pay, in advance, for expenses relative thereto.

All persons, firms, or corporations applying for conditional uses under the provisions of this Ordinance or applying for an amendment to the Zoning Ordinance or a change in the classification of the district or a portion thereof, necessitating the publication of notices in the newspaper shall be required to pay in advance. No fee shall be required for actions initiated by the Town Council or the Planning Commission.

The payment of such money in advance to the Administrator as specified shall be deemed a condition precedent to the consideration of such appeal, conditional use application or amendment. Fees shall be refunded on written request if an application is withdrawn before publication.

In case any building is erected, constructed, reconstructed, altered, repaired, or converted or any building or land used in violation of this Ordinance, the Administrator is authorized and directed to institute any appropriate action to put an end to such violation.

Where there is reasonable cause to believe that a violation of this Ordinance has occurred, the Administrator or his authorized representatives may, with written consent of the owner or of occupier of the premises in question on a form provided by the Administrator, enter the premises for the purposes of inspection. Where permission to enter is withheld, the Administrator shall seek a court order from the General District Court of Wise County or a search warrant from a magistrate of the jurisdiction as may be appropriate.

Any person or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith, or with any of the requirements thereof, or who shall use any land or build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not less than ten dollars nor more than one thousand dollars, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this Ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction thereof, shall be fined as hereinbefore provided.

No member of the Town Council, Planning Commission or Board of Zoning Appeals, shall participate in the deliberations or vote on any ordinance, resolution, motion, or other proceedings involving any matter in which he, a member of his immediate family, his partner or agent, has a financial interest other than as an owner of not more than five percent of the stock of a corporation, or as a citizen of the Town.

If such interest exists, it shall be the duty of such member to take no part in the deliberations with regard to such matters.

The provisions of this section do not apply to adoption of a comprehensive zoning plan or ordinance applicable throughout the Town.

No vacant land shall be occupied or used, except for agricultural uses associated with the conduct of a farm, until a certificate of occupancy shall have been issued by the Administrator.

No premises shall be used, and no buildings hereafter erected or structurally altered shall be used, occupied, or changed in use, until a certificate of occupancy and compliance have been issued by the Zoning Administrator, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within 10 days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Administrator. A certificate of occupancy may be issued for a part of a building or development or section thereof completed in accord with the terms of this Ordinance even though the entire building or development or section thereof has not been completed.

No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.

A certificate of occupancy shall be required of all nonconforming uses.

Application for a certificate of occupancy for nonconforming uses shall be filed with the Administrator within 12 months from the effective date of this Ordinance.

The Administrator may issue a temporary and contingent certificate of occupancy and compliance for a period not to exceed six months where, because of the unusual nature of the uses, a trial period of operation is in his opinion the most appropriate way to determine actual compliance with the terms of this Ordinance.

Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected or structurally altered, or any building or structure hereafter erected is converted, accessory off-street parking spaces shall be provided as follows:

1.

The parking requirements above are in addition to waiting spaces or stacking spaces necessary for the operation of drive-in or drive-through facilities. Waiting spaces on the premises must be adequate to avoid obstruction of traffic on the public way.

2.

The parking requirements above are in addition to space for storage of trucks, campers, recreation vehicles, or other similar vehicles used in connection with any use.

3.

The parking requirements in this Article do not limit the parking requirements contained in the district regulations.

4.

The parking requirements in this Article do not limit the special requirements which may be imposed approval of a conditional use.

5.

Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

6.

Except as otherwise provided, the number of employees shall be compiled on the basis of the maximum number of persons employed on the premises at one time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

7.

The parking space requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation.

8.

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or premises by more than one use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

9.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need under the requirements of this Article for an increase in parking spaces of 10 percent or more, such additional spaces shall be provided on the basis of the change or enlargement. No additional spaces shall be required for the first change or enlargement which would result in an increase of spaces of less than 10 percent of those required before the change or enlargement, but this exception shall not apply to a series of changes or enlargements which together result in a need for an increase in parking space of 10 percent or more.

1.

All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed 300 feet from an institutional building or other nonresidential building served. For the purpose of this requirement, land used for employee parking but located immediately across a street or alley from the building or use served shall be considered as located on the same lot.

2.

In any case, where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, such parking space shall be established by a recorded covenant or agreement as parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designated as required parking space, such encumbrance to be valid for the total period the use or uses for which the parking is needed are in existence.

1.

Minimum Space Area. For the purpose of these regulations, an off-street parking space is an all-weather surfaced area not in a street or alley and having an area of not less than 162 square feet (18 feet deep and 9 feet wide minimum), exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.

2.

Entrances and Exits. Location and design of entrances and exits shall be in accord with the requirements of applicable regulations and standards, including those of the Virginia Department of Highways and Transportation. In general, there shall not be more than one entrance and one exit, or one combined entrance and exit, along any one street and exits and entrances shall not be located within 50 feet of a street intersection or be greater than 50 feet in width. Landscaping, curbing, or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians.

3.

Drainage and Maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and shall be paved in accordance with an approved plan or in accordance with applicable Town specifications. Off-street parking areas shall be maintained in a clean, orderly, and dust-free condition at the expense of the owner or lessee.

4.

Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged, installed, and the light source shielded, to minimize glare on adjacent property or streets and no lighting fixture shall exceed a height of 15 feet in a Residential District or 30 feet in a Business District.

5.

Design in General. All parking lots shall be arranged for functional efficiency and convenience and in general shall be designed to present a pleasing appearance so as to reduce adverse impact on surrounding public or private property.

Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected, or structurally altered to the extent of increasing the floor area by 25 percent or more, or any building is hereafter converted, for the uses listed below, when such buildings contain the floor areas specified, accessory off-street loading spaces shall be provided as required below or as required in subsequent sections of this Article.

1.

The loading space requirements apply to all districts but do not limit the special requirements which may be imposed in the district regulations.

2.

The loading space requirements in this Article do not limit special requirements which may be imposed in connection with uses permitted by approval of a conditional use.

Where a building is used for more than one use or for different uses, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required. In such cases, the Administrator may make reasonable requirements for the location of required loading spaces.

1.

Minimum Size. For the purpose of these regulations a loading space is a space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, having minimum area of 540 square feet, minimum width of 12 feet, a minimum depth of 35 feet, and a vertical clearance of at least 15 feet.

2.

Loading Space for Funeral Homes. Loading spaces for a funeral home may be reduced in size to 20 by 25 feet and vertical clearance reduced to eight feet.

3.

Entrances and Exits. Location and design of entrances and exits shall be in accord with applicable requirements of the district regulations and traffic regulations and standards. Where the entrance or exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide at least one off-street loading space. Where an off-street loading space is to be approved directly from a major thoroughfare, necessary maneuvering space shall be provided on the lot.

Accessory uses and structures may be commonly found and associated with principal use types. Principal uses which are allowed by right or by special use may include accessory uses and activities, provided such accessory uses and activities are appropriate and incidental to the principal use, and provided they are designed and located in accordance with the intent and provisions of this ordinance.

Residential use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Private garages and parking for the principal use.

2.

Recreational activities and uses used by residents, including structures necessary for such uses.

3.

Playhouses, gazebos, incidental household storage buildings, swimming pools, and other similar accessory structures.

4.

Garage or yard sales provided that such sales occur no more than seven days in a two month period.

5.

Other uses and activities necessarily and customarily associated with purpose and function of residential use types, as determined by the administrator.

Civic use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Accessory dwellings commonly associated with or necessitated by the location and operation of the principal use.

3.

Food services operated incidental to the principal use and operated primarily for the convenience of employees, residents or users of the principal use. Typical examples include cafeterias and dining halls.

4.

Convenience commercial facilities clearly incidental to the principal use and operated primarily for the convenience of the employees, residents, and users of the principal use. Typical examples include museum gift shops, college bookstores, or snack bars clearly incidental to the principal use.

5.

Other uses and activities necessarily and customarily associated with purpose and function of civic use types, as determined by the administrator.

Office use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Recreational facilities available only to the employees of the office use type.

3.

Day care facilities available only to the employees of the office use type.

4.

Other uses and activities necessarily and customarily associated with purpose and function of office use types, as determined by the administrator.

5.

One accessory dwelling unit occupied by employees responsible for the security of the use.

6.

Other uses and activities necessarily and customarily associated with purpose and function of office use types, as determined by the administrator.

Commercial use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Accessory storage buildings or areas.

3.

One accessory dwelling unit occupied by employees responsible for the security of the use.

4.

Other uses and activities necessarily and customarily associated with purpose and function of commercial use types, as determined by the administrator.

Industrial use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Recreational facilities available only to the employees of the industrial use type.

3.

Day care facilities available only to the employees of the industrial use type.

4.

Cafeterias and sandwich shops available only to the employees of the industrial use type.

5.

Incidental retail sale of goods associated with the industrial use type provided the square footage does not exceed 10 percent of the gross floor area or 3,000 square feet, whichever is less.

6.

One accessory dwelling unit occupied by employees responsible for the security of the use.

7.

Other uses and activities necessarily and customarily associated with purpose and function of industrial use types, as determined by the administrator.

For the purpose of this section, certain terms and words pertaining to signs are hereby defined. The general uses of construction contained herein are applicable to these definitions.

1. Sign. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land, rock, tree, or other natural object and which directs attention to a product, place activity, person, institution, or business.

2. Sign area. That area within a line including the outer extremities of all letters, figures, characters, and delineations, or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, or a building or part thereof, shall not be included in the sign area. Only one side of a double-faced sign shall be included in a computation of sign area; for other signs with more than one face, each side shall be included in a computation of sign area. The area of a cylindrical or spherical sign shall be computed by multiplying one-half of the circumference by the height of the sign.

3. Accessory sign. A sign relating only to uses of the premises on which the sign is located, or products sold on the premises on which the sign is located, or indicating the name or address of a building or the occupants or management of a building on the premises where the sign is located.

4. Detached sign. A sign not attached to or painted on a building, but which is affixed to the ground. A sign attached to a flat surface such as a fence or wall not a part of a building, shall be considered a detached sign.

5. Double-faced sign. A sign with two parallel or nearly parallel faces, back to back, and located not more than 24 inches from each other.

6. Flashing sign. An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any sign which revolves or moves, whether illuminated or not, shall be considered a flashing sign. A clock or thermometer or similar instrument with moving hands or a sign which has letters or numbers which change at intervals of not less than five seconds shall not be considered a flashing sign.

7. Flat sign. Any sign attached to, and erected parallel to the face of, or erected or painted on the outside wall of, a building and supported throughout its length by such wall or building and not extending more than 18 inches from the building wall.

8. General advertising sign. Any sign which is not an accessory sign or which is not specifically limited to a special purpose by these regulations.

9. Illuminated sign. Any sign designed to give forth artificial light or designed to reflect light from one or more sources of artificial light erected for the purpose of providing light for the sign.

10. Indirectly illuminated sign. A sign which does not produce artificial light from within itself but which is opaque and backlighted or illuminated by spotlights or floodlights not a part of or attached to the sign itself, or a sign of translucent non-transparent material illuminated from within but with no exposed or exterior bulbs, tubes, or other light source.

11. Projecting sign. A sign which is attached to and projects more than 18 inches from the face of a wall of a building. The term projecting sign includes a marquee sign.

12. Sign, height. The vertical distance from the street grade or the average lot grade at the front setback line, whichever produces the greater vertical distance, to the highest point of the sign.

The following regulations apply generally to all signs and are in addition to the regulations contained elsewhere in this Ordinance:

1.

No sign, unless herein excepted, shall be erected, constructed, posted, painted, altered, maintained, or relocated, except as provided in this Article and in these regulations, until a permit has been issued by the Administrator. Before any permit is issued, an application especially provided by the Administrator shall be filed, together with two sets of drawings and/or specifications (one to be returned to the applicant) as may be necessary to fully advise and acquaint the Administrator with the location, construction, materials, manner of illuminating and/or securing or fastening, the number of signs applied for, and the wording of the sign or advertisement to be carried on the sign. All signs which are electrically illuminated shall require a separate electrical permit and inspection. All signs shall be erected on or before the expiration of 30 days from the date of issuance of the permit; otherwise, the permit shall become null and void and a new permit shall be required. Each sign requiring a permit shall be clearly marked with the permit number and name of the person or firm placing the sign on the premises. Fees for sign permits shall be in accordance with the schedule adopted by ordinance, a copy of which is maintained in the office of the Administrator.

2.

Structural and safety features and electrical systems shall be in accordance with the requirements of the applicable codes and ordinances. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this Ordinance and applicable technical codes.

3.

The following signs are exempted from the provisions of these regulations and may be erected or constructed without a permit but in accordance with the structural and safety requirements of the Building Code:

(a)

Official traffic signs or sign structures and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency, and temporary signs indicating danger.

(b)

Changing of the copy on a bulletin board, poster board, display encasement, or marquee.

(c)

Temporary, non-illuminated paper signs in show windows in a business district.

(d)

Temporary non-illuminated election campaign signs.

(e)

Temporary non-illuminated signs, not more than six square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate, and located on the premises, one such sign for each street frontage.

(f)

Temporary non-illuminated signs not more than 16 square feet in area, erected in connection with new construction work and displayed on the premises during such time as the actual construction work is in progress, one such sign for each street frontage.

(g)

Non-illuminated signs warning trespassers or announcing property as posted.

(h)

Temporary non-illuminated portable signs, not exceeding six square feet in area, in a business or industrial district, one for each 50 feet of street frontage. (All portable signs shall be included in the measurement of permitted sign area.)

(i)

Sign on a truck, bus, or other vehicle, while in use in the normal course of business. This section should not be interpreted to permit parking for display purposes of a vehicle to which signs are attached in a district where such signs are not permitted.

4.

The Administrator, upon application, as required in this Article, may issue temporary permits for the following signs and displays for a period of not exceeding 30 days, when in his opinion, the use of such signs and displays would be in the public interest and would not result in damage to private property:

(a)

Signs advertising a special civic or cultural event such as a fair or exposition, play, concert or meeting, sponsored by a governmental, civic or charitable organization.

(b)

Special decorative displays used for holidays, public demonstrations, or promotion for non-partisan civic purposes.

(c)

Special sales promotion displays in a district where such sales are permitted, including displays incidental to the opening of a new business.

5.

Pennants, banners, streamers, and all other fluttering, spinning or similar type signs and advertising devices are prohibited except for national flags and flags of political subdivisions of the United States, and except for flags of bona fide civic, charitable, fraternal, and welfare organizations, provided that during nationally recognized holiday periods, or during a special civic event, pennants, banners, streamers and other fluttering, spinning, or similar type advertising devices pertaining to said periods or events may be displayed by temporary permit as provided above in this Article, and further provided that the Administrator may approve special flags and flag poles when, in his opinion, they form an integral design feature of a building or group of buildings and not an ordinary advertising device.

6.

No flashing signs shall be permitted in any district.

7.

No sign which is not an integral part of the building design shall be fastened to and supported by or on the roof of a building and no projecting sign shall extend over or above the roof line or parapet wall of a building.

8.

Applications for unusual signs or displays which give rise to questions of interpretation of these regulations may be referred by the Administrator to the Board of Zoning Appeals for the purpose of interpretation by the Board and recommendation for action on the application by the Administrator. If, in the opinion of the Board, the application is not adequately covered by these regulations, the Board may make recommendations for amendment of this Ordinance.

9.

No sign shall be constructed, erected, used, operated, or maintained which:

(a)

Displays intermittent lights resembling, or seeming to resemble, the flashing lights customarily associated with danger or such as are customarily used by police, fire, or ambulance vehicles, or for navigation purposes.

(b)

Is so located and so illuminated as to provide a background of colored lights blending with traffic signal lights to the extent of confusing a motorist when viewed from normal approaching position of a vehicle at a distance of 25 to 300 feet.

10.

Permitted signs for a nonconforming business or industrial use in a residence district shall consist of those signs permitted in the C-1 Business District.

11.

Except as otherwise specifically provided in these regulations, all signs shall be subject to the provisions of this Ordinance governing non-conforming uses.

12.

Except as otherwise provided, these regulations shall be interpreted to permit one sign of each permitted type, in accordance with applicable regulations, for each street frontage, for each permitted use on the premises. For the purpose of this regulation, sign "types" are flat, detached, and projecting signs, or special purpose signs specifically listed in the district regulations.

13.

Except as otherwise provided, any sign may be a flat, detached, or projecting sign, and, except as otherwise provided, no detached sign shall exceed a height of 15 feet.

14.

Signs of permitted types and sign area may be placed on front walls or on walls of buildings other than the front except that signs may not be placed on side or rear walls facing, and within 100 feet of, a Residential District.

15.

Unless otherwise specified in these regulations, all signs shall comply with the yard requirements of the district in which they are located, provided that one sign, accessory or otherwise, may occupy required yards in a district where such sign is permitted by these regulations, if such sign is not more than 50 square feet in area, and other requirements of these regulations are complied with.

16.

Portable signs, on wheels, carriages, or on fixed supports shall be considered as detached signs and shall be included in any measurement of permitted sign area whether or not a permit is required.

17.

No sign, portable or otherwise, is to be placed or located to conflict with the vision clearance or other requirements of this ordinance or applicable traffic ordinances.

18.

No signs shall be attached to trees, utility poles, or any other unapproved supporting structure.

19.

No signs shall project over public right-of-way without express permission of the Town Council except for permitted flat signs which may so project not more than 18 inches.

20.

The owner and/or tenant of the premises and the owner and/or erector of the sign shall be held responsible for any violation of these regulations. Where a sign has been erected in accordance with these regulations, the sign company shall be relieved of further responsibility under these regulations after final approval of the sign by the Administrator.

21.

All signs shall be maintained in good condition and appearance. After due notice has been given as provided below, the Administrator may cause to be removed any sign which shows gross neglect or becomes dilapidated, or which by reason of a change in occupancy no longer relates to a use conducted on the property.

22.

The Administrator shall remove or cause to be removed any sign erected or maintained in conflict with these regulations if the owner or lessee of either the site or the sign fails to correct the violation within 30 days after receiving written notice of violation from the Administrator.

Removal of a sign by the Administrator shall not affect any proceedings instituted prior to removal of such sign.

Apartment construction shall comply with all regulations set forth in the district regulations and also the following:

(1)

General regulations.

(a)

There shall be no more than 24 units contained in any one structure and no more than eight units per floor.

(b)

A site plan drawn in accordance with this Ordinance shall be reviewed by the Planning Commission and approved or rejected by the Town Council.

(c)

Each apartment structure and/or apartment parking area shall have access on a dedicated public street.

(d)

All apartments must be connected to a public water and public sewer connection.

(2)

Management of open space.

(a)

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

(b)

If the units are to be sold separately, a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the planned development shall be established to own and insure the maintenance, management and/or operation of the open space land, including recreation space and facilities, for their intended purposes as shown on the final site plan in accordance with the Condominium Act, Code of Virginia, as amended.

(c)

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

(d)

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

(e)

The horizontal distance between groups of apartment structures shall be:

1.

Two times the average height of the two groups of apartments for front or rear walls facing front or rear walls;

2.

One-and-one-half times the average height of the building for front or rear walls facing side walls; and;

3.

Equal to the height of the highest building for side walls facing side walls.

(f)

Required open space and recreation space: The required open space shall not be less than forty percent (40%) of the adjusted tract area. All floodplains shall be included in the open space. In apartment developments, all open space shall be classified as conservation area. For developments of 30 or more units, at least 200 square feet per unit within the open space set aside shall be developed into recreation space to include a playground, multi-purpose court, swimming pool, paved trail, or regulation softball, baseball or soccer field. For adults-only developments, an adult-oriented recreation space shall be provided to include any recreation facility listed above and/or a landscaped park with seating, tables, and trails.

(3)

Landscaping.

(a)

Site screening needs shall be a part of the site plan as reviewed by the Planning Commission and approved by the Town Council. Screening shall conform to all other requirements of the Town Code.

(b)

A planting plan specifying the type, size and location of existing and proposed planting material shall be submitted with the application for the permit.

(4)

Parking facilities.

(a)

Off-street parking, whether in a garage or on-lot, shall be provided on the premises at the rate of two spaces for each apartment unit as referenced herein.

(b)

Required parking spaces shall be provided on the same lot as the building served and shall be reviewed by the Planning Commission and approved by the Town Council.

(c)

All streets, cul-de-sac, parking areas and parking area drives shall be suitably paved with all-weather surface coverings.

(d)

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

(e)

Entrance and exit ways to parking areas shall have a minimum width of twelve feet for each lane of traffic entering or leaving the site, but shall at no time exceed thirty feet in width at the street line.

(5)

Drainage.

(a)

A storm runoff and drainage system shall be installed by the developer in accordance with best management engineering practice so as to adequately drain the project site, to adequately dispose of all runoff and drainage away from the project site, and so as not to permit excess flow of water across streets or adjoining properties. Plans for such drainage system shall be submitted and approved with the application for the permit.

(b)

All provisions of town ordinances and regulations regarding storm drainage shall be complied with.

(6)

Lighting. Lighting of buildings, accessways and parking areas shall be provided for safety and convenience of the residents, but it shall be so arranged as not to reflect toward public streets or cause disturbance to building occupants or surrounding land; and shall be downward directed lighting only.

(7)

Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be well screened on three sides and contain vermin-proof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.

(8)

Architectural treatment. If the parcel of land is less than one acre, all main buildings erected on the parcel shall be designed so as to have the main entrance face a publicly dedicated road, provided the parcel borders a publicly dedicated road, provided the parcel borders a publicly dedicated road. Corner lots may face any of the public roads which border the property.

[Reserved.]

The number of townhouse units per building, or structure, shall not exceed twelve.

Townhouse lots for sale shall adhere to the following minimum requirements.

A.

Lot area. Each townhouse shall be located on a lot of not less than one thousand two hundred (1,200) square feet in area and no more than ten (10) townhouse units shall be allowed for each acre of developable tract of land.

B.

Unit width. A minimum width of sixteen (16) feet per lot shall be maintained.

C.

Front yard. There shall be a minimum ten-foot front yard (area between front door and front of lot, or parking area, or other common area.)

D.

Side yard. There shall be a side yard of not less than sixteen (16) feet in width at each end of a group of units (not to be shared between units).

E.

Rear yard. There shall be a rear yard with a depth of not less than twenty five (25) feet for each unit (not to be shared between units).

Each townhouse development shall have a perimeter yard on the rear and side property lines of the total site equal to at least twenty-five (25) feet, which may include the required side and rear yards for townhouse, except where the development is within or abuts a residential subdivision in which case the perimeter yard shall be at least fifty (50) feet. A minimum setback of nineteen (19) feet shall apply for the townhouse development along the front property line of the total site which may include the required front yard for each townhouse.

Height of the townhouse structure shall be no more than forty (40) feet measured from the average level of the ground adjacent to the front exterior wall.

The maximum lot coverage for interior townhouse units for sale shall be fifty (50) percent and end or corner lots shall be forty (40) percent.

Each townhouse development shall provide at least ten (10) percent of the development site for areas of common use which includes such uses as parking, walkways, streets not dedicated to the Virginia Department of Transportation, recreation facilities, picnic areas, refuse collection, utility easements, and similar activities. The following minimum requirements for common areas shall be adhered to:

A.

Off-street parking shall meet the requirements set forth in the zoning ordinance. Required parking spaces shall be provided within the perimeter of the townhouse development and no farther than two hundred (200) feet from the facilities served. Off-street parking shall be designed to produce the minimum possible interference with pedestrian circulation within the townhouse development.

B.

Lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from the concentrations of vehicular traffic.

C.

Common walks of a width of at least four (4) feet shall be provided from each dwelling unit to common areas within the townhouse development, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks may be incorporated into the street curb. Walk grades shall not exceed ten (10) percent; lights shall be provided sufficiently to illuminate steps.

All common areas shall be preserved for their intended purpose as expressed in the approved subdivision plat. The preservation and maintenance of all common areas within the townhouse development shall be in accordance with the following requirements:

A.

All deeds shall include appropriate restrictions to ensure that common areas are permanently preserved according to the subdivision plat. The deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.

B.

All common areas shall be specifically included in the development schedule and be constructed and fully improved by the developer.

C.

All common areas shall be placed in the ownership and control of a nonprofit association capable of providing adequate maintenance.

D.

The developer shall establish a nonprofit association, corporation, trust or foundation of all individuals or corporations owning property within the townhouse development to ensure the maintenance of common areas. Said organization shall conform to the following requirements:

(1)

The developer must establish the organization prior to the sale of any lot or property and shall relinquish control of said organization when voted upon by the membership of the organization.

(2)

Membership in the organization shall be mandatory for all owners, present and future, within the townhouse development, and the organization shall not discriminate in its members or shareholders.

(3)

The organization shall manage all common areas within the townhouse development, shall provide for the maintenance, administration and operation of said land and improvements and shall secure adequate liability insurance on the common areas.

(4)

The organization shall conform to the Condominium Act, Sections 55-79.39 through 55-79.103, Code of Virginia, 1950, as amended.

All streets and utilities within the townhouse development shall meet the following requirements:

A.

The traffic circulation pattern, the street dimensions, curbs and gutters (if provided) and curb cuts shall meet the specifications of paragraph 33.1-198 of the Code of Virginia, 1950, as amended, and the Minimum Standards of the Entrances to State Highways and be approved by the resident engineer.

B.

All dwelling units shall be connected to public water and sewage systems approved by the Administrator and health department and shall be open to inspection.

C.

The site storm drainage system shall drain to any existing natural drainage system. On-site retention of stormwater is encouraged provided that it is in compliance with the requirements of state law and the sediment basin design standards of the soil erosion and sediment control ordinance.

D.

All utilities shall be underground.

The general plan for a shopping center shall include evidence and facts showing that it has considered and made provision for, and the development shall be executed in accordance, with the following essential conditions:

1.

The development shall consist of a selection of uses in such manner as to constitute a grouping of buildings, service and parking areas, circulation and open spaces, planned and designed as an integrated unit, in such manner as to constitute a safe, efficient and convenient retail shopping center.

2.

The proposed development shall be constructed in accordance with an overall plan and shall be designed as an architectural unit with appropriate landscaping.

3.

No more than twenty percent of the lot area shall be occupied by buildings.

4.

The distance at the closest point between any two buildings or groups or units of attached buildings shall not be less than twelve feet.

5.

The maximum height of any building or structure erected or enlarged in this district shall be thirty-five feet, except that the height of any such other building may be increased to a maximum of sixty-five feet when approved by the Town Council; provided that for every foot of height in excess of thirty-five feet there shall be added to each yard requirement one corresponding foot of width or depth.

6.

Adequate areas shall be provided for loading and unloading of delivery trucks and other vehicles; servicing of shops by refuse collection, fuel, fire and other service vehicles; automobile accessways; and pedestrian walks. Service areas shall be screened from view from any abutting roadway and from within the parking area.

7.

Provision shall be made for safe and efficient ingress and egress to and from public streets and highways servicing the center without undue congestion to or interference with normal traffic flow. All points of vehicular access to and from public streets shall be located not less than two hundred feet from the intersection of any public street lines. The Town Council shall satisfy itself as to the adequacy of the thoroughfare to carry the additional traffic engendered by the shopping center.

8.

No building may be located closer than one hundred feet to the ultimate right-of-way of any public street, no closer than fifty feet to a side or rear property line adjacent to an agricultural or residential district or within twenty-five feet of any property line.

9.

No parking access and service area may be located closer than twenty-five feet to a side or rear property line adjacent to a residential district.

10.

Not less than one automobile parking space with suitable access shall be provided for each 100 square feet of floor area devoted to patron use.

11.

Parking, loading or service areas used by motor vehicles shall be located entirely within the lot lines of the shopping center and shall be physically separated from public streets.

12.

Lighting facilities shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind; lighting shall be directed downward only.

13.

The shopping center shall be permanently fenced from adjoining and contiguous residential districts by a wall, fence, adequate evergreen hedge and/or other suitable enclosure a minimum height of five feet and a maximum height of eight feet, placed at least ten feet inside the property line, and allowing no separation between elements of the fence, except for driveways. The area between such enclosure and the property line shall be landscaped to form a permanent screening area. The Town Council may waive the requirement for a screening enclosure and/or screening area if equivalent screening is provided by existing parks, parkways, recreational areas, or by topography or other natural conditions.

14.

A landscaped planting area shall be provided along street frontage occupied by a shopping center at least seven feet in width and must be located between the property line and a line parallel to and seven feet inside the property line.

15.

No shopping center shall be erected or used that is not adequately served with both sanitary sewers and public water unless authorized as a special exception and upon submission of satisfactory evidence to the fact that sanitary sewers and public water supply are not feasible in the particular location in question. Such evidence may include, but shall not be limited to, a specific recommendation from the county engineer, official representative of the state health department, and/or the county sanitation authority.

16.

For the purpose of calculating the minimum area, lot dimension and yard requirements established by this section, a single planned shopping center district cannot lie on two sides of a public street or alley. Any area designated as being a shopping center and lying on both sides of a public street shall be deemed to be two shopping centers, and all minimum requirements shall be met by buildings on each side of such public street as separate districts.

1.

Nothing in this Ordinance shall be interpreted to prohibit condominiums as such by reason of the form of ownership inherent therein. Neither shall any condominium be treated differently under any provision in this Ordinance which would permit a physically identical project or development under a different form of ownership.

2.

All condominium projects or developments hereafter constructed shall comply with the provisions of this Ordinance, including the requirements for approval of site plans. Whenever an existing project or certain land areas to be held as common elements, limited or otherwise, a site plan shall be filed showing the extent and ownership of such holdings. Nothing in this requirement shall be interpreted to abridge any rights said project or development may hold as a nonconforming use.

3.

Any declaration of restrictions to be filed in connection with any project covered by the provisions of this Ordinance shall comply in all respects with the provisions of the Virginia Condominium Act not in direct conflict with the requirements of this Ordinance.

1.

Requirements for lot area per family do not apply to dormitories, fraternities, sororities, and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms or apartments.

2.

Requirements for lot area per family do not apply to rental units in a hotel, motel, motor lodge or tourist home or rooms in a rooming, boarding or lodging house.

1.

Every part of a required yard shall be open to the sky, except as authorized by this Article, and except ordinary projections of sills, belt courses, window air conditioning units, chimneys, cornices, and ornamental features which may project to a distance not to exceed 24 inches into a required yard.

2.

More than one main building may be located upon a lot or tract in the following instances:

(a)

Institutional buildings.

(b)

Public or semi-public buildings.

(c)

Multiple-family dwellings or condominiums under approved site plans.

(d)

Convalescent or nursing homes and homes for the aged.

(e)

Commercial and industrial buildings under approved site plans.

The provisions of this exception shall not be construed to allow the location or erection of any building or portion of a building outside of the buildable area of the lot.

3.

Where a lot is of such unusual configuration that none of the provisions of this Ordinance regarding yards and open spaces apply precisely, the Administrator may use his discretion to apply an interpretation which most nearly meets the requirements of this Ordinance; and where by reason of difficult or unusual topography an improved building site may be achieved by a minor modification of yard space requirements (up to 1.5 feet) such modification may be approved by the Administrator; provided, however, that this section does not give the Administrator any power to grant variances reserved to the Board of Zoning Appeals contained herein.

1.

Where an official line has been established by an officially adopted detailed plan on file with the Administrator for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

2.

On through lots the required front yard shall be provided on each street.

3.

Telephone booths and bus shelters, when permitted by district regulations, may be located in a required front yard.

4.

Open, unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the front yard not more than six feet.

5.

Where the street frontage in a block, or within 400 feet of the lot in question, is partially built up, the minimum front yard for a new building shall be the average of the existing front yards on either side thereof in the same block with a variation of five feet permitted; provided, however, that except as provided in development standards for specific uses no front yard in a residential district shall be less than 10 feet or need to be more than 50 feet under this provision. Where 40 percent or more of the street frontage is improved with buildings that have no front yard, no front yard shall be required for the remainder of the street frontage.

1.

Open, unenclosed porches, platforms, or paved terraces, not covered by roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the side yard not more than six feet.

2.

For the purpose of the side yard regulations, a group of office, business or industrial buildings separated by common or party walls shall be considered as one building occupying one lot.

Open or lattice-enclosed fire escapes, outside stairways and balconies and the ordinary projections of chimneys and flues may project into the required rear yard for a distance of not more than five feet, but only where the same are so placed not to obstruct light and ventilation.