Staunton City Zoning Code
Division III
SUPPLEMENTARY REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL, OR TO ALL DISTRICTS
§ 18.105.010 Purpose.
In order to accomplish the general purpose of this title, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas, are potentially incompatible with existing development, or because the effects of such uses cannot definitely be foreseen.
The following uses shall be subject to compliance with the regulations in this chapter, and with the procedure for authorizing uses permitted on review as set forth in Chapter 18.210 SCC. (Zoning ordinance Art. 5, § 1).
§ 18.105.020 Planned residential development.
(1)
General Description. The regulations established in this section are intended to provide optional methods of land development which encourage more imaginative solutions to environmental design problems. Residential areas thus established would be characterized by a unified building and site development program, open space for recreation, and the provision for commercial (in R-3 and R-4 districts only), religious, educational, and cultural facilities which are integrated with the total project by unified architectural and open space treatment. In order to accomplish these objectives, the customary district regulations may be modified; provided, that overall population densities do not exceed the densities of specific residential districts. A planned residential development shall be permitted in any R-1, R-2, R-3, R-4, and P-1 districts.
(2)
Permitted Principal and Accessory Uses and Structures.
(a)
The uses permitted in a planned residential development shall only be those uses permitted in the particular zoning district wherein the planned residential development is located, and the intensity of use for the planned residential development must not exceed the intensity of use for the particular zoning district involved.
(b)
Notwithstanding the provisions of subsection (2)(a) of this section, facilities for a homeowners association to provide for maintenance facilities and other activities by the homeowners association for the purposes of the planned residential development only and community facilities usage such as churches and other religious institutions, and nonprofit clubs such as country clubs, swimming, and/or tennis clubs may be permitted.
(c)
Notwithstanding the provisions of subsection (2)(a) of this section, recreation usage within the planned residential development may include such facilities as would be consistent with the basic district for the planned residential development. Any structure involved in such usages shall have a 25-foot setback from all property lines. The amount of land set aside for permanent usable open space and recreational use shall be 15 percent of the gross development area.
(d)
Additional permitted uses and regulations for planned residential development in R-3 and R-4 districts:
(i)
The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools, commercial use, and street rights-of-way from the gross development area. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted. Where an area of 50 acres or more is being developed, a maximum of 20 percent of dwellings located within the area included in the development may be multiple dwellings. In all areas under 50 acres, a maximum of 15 percent of the dwellings may be multiple-family.
(ii)
For each 100 dwelling units in the development plan, and notwithstanding the provisions of subsection (2)(a) of this section, one acre may be set aside for commercial uses permitted in the B-1 district provided that such commercial use shall be planned and gauged primarily for the service and convenience of the residents within the planned residential development and the people working therein and shall only be authorized to the extent that such uses are not available to such residents in reasonable proximity to the planned residential development.
(3)
Area Regulations. The minimum lot size requirements for the applicable district shall not apply to planned residential development; provided, that the overall density of dwelling units is no greater than that permitted by the requirements for the applicable district. Each lot need not front on a dedicated street; provided, that each lot has vehicular and pedestrian access to a dedicated street through a prescribed easement or common area. All buildings shall be set back from street right-of-way lines and from the periphery of the project subject to the approval of the planning commission.
(4)
Intensity of Use. The intensity of use shall not exceed the number of families per gross acre for the entire project as applied for the applicable zoning district.
(5)
Off-Street Parking. Off-street parking is as regulated in Chapter 18.125 SCC.
(6)
Administrative Procedure for a Planned Residential Development. In addition to the administration requirements set forth in Chapter 18.210 SCC, and the additional notice requirements set forth in subsection (6)(e) of this section, a planned residential development shall not be permitted until the following conditions have been complied with.
There shall have been filed with the planning commission a written application for approval, which application shall be accompanied with the following information:
(a)
The application must be accompanied by an overall development plan showing the use or uses, dimensions, and locations of proposed sites, and other open spaces, with such other pertinent information as may be necessary to determine the contemplated arrangement or use which makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title. The applicant shall obtain written comments on the proposed development plan from the fire department, health department, affected utility companies, building official, and recreation department and submit these with application. The application must also be accompanied by the proposed agreements, provisions, or covenants for governing the use, maintenance, and continued protection of the planned development, prescribed easements and any common areas that are not to be dedicated to and accepted by the city of Staunton which must be recorded with or prior to the first lot conveyance.
The proposed development plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in the state of Virginia.
(b)
The planning commission shall review the conformity of the proposed development and shall recognize principles of civic design, land use planning, and landscape architecture. The planning commission may impose conditions regarding layout, circulation, and performance of the proposed development, and may require that appropriate deed restrictions be filed. The planning commission shall also review provisions for surface water drainage, storm sewers, and the specifications of the streets serving the subject development and may impose conditions regarding the same prior to its recommendations with respect to the subject project.
(c)
The tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property included or filed by any governmental agency.
(d)
The proposed development must be designed to produce an environment of stable and desirable character not out of harmony with its surrounding neighborhood, and must provide standards of open space and areas for parking adequate for the occupancy proposed. It must include provisions for recreation areas to meet the needs of the anticipated population.
(e)
In addition to the notice requirements set forth in Chapter 18.210 SCC, written notice shall be given before the public hearing conducted by the planning commission to the owner or owners, their agent, or the occupant, of all abutting property and property immediately across the street or road from the property affected. Notice sent by registered or certified mail to the last known address of such owner, as shown on the current real estate tax assessment books, shall be deemed adequate compliance with this requirement.
(f)
Upon the abandonment of a particular project authorized under this chapter, or upon the expiration of two years from the authorization hereunder of a planned development which has not by then been completed or commenced and an extension of time for completion granted, the authorization shall expire and the land and structures thereon may be used without such approval for any other lawful purpose permissible within the area regulations of the district in which the planned development is located.
(7)
Recordation of Plat. Upon the approval of the proposed development plan by the city council of the city of Staunton, a plat of the development shall be recorded and shall show building lines, common land, streets, easements, and other applicable features required by the title regulating the subdivision of land. No building permit shall be issued until the final plat of the proposed development is approved and recorded.
(Zoning ordinance Art. 5 § 1; Ord. 2020-17)
§ 18.105.030 Single-family attached dwelling and single-family semi-detached dwelling.
Single-family attached dwellings and single-family semi-detached dwellings are permitted in the R-3 and R-4 districts, provided they comply with the following specifications:
(1)
Each dwelling unit shall be located on a separate lot fronting on a street.
(2)
Development involving new or additional streets, or any public dedication of land, shall be subject to review and approval in accordance with the subdivision provisions prescribed in SCC Title 17.
(3)
Area Regulations.
(a)
Setback. The minimum front setback shall be 25 feet.
(b)
Side Yard.
Interior attached dwellings | None required |
End dwellings | 15 feet |
End dwelling adjoining another zoning district | 25 feet |
(c)
Rear Yard. There shall be a rear yard of not less than 25 feet.
(d)
Lot Size. Minimum lot widths shall be:
Attached dwelling | 20 feet |
End attached dwelling or semi-detached dwelling | 35 feet |
Minimum lot depth | 100 feet |
(e)
Lot Size. Minimum lot depth shall be 100 feet.
(4)
Height Regulations. No attached or semi-detached dwelling unit shall exceed the height of two and one-half stories or 35 feet in height, except as provided in Chapter 18.115 SCC.
(5)
Off-Street Parking. The off-street parking shall be as regulated in Chapter 18.125 SCC. The required parking may be provided in common parking garages or areas within 200 feet of the group served.
(6)
Other Requirements.
(a)
There shall be not more than six dwelling units in any group of attached dwelling units and no more than three abutting dwellings or any group shall have the same front setback and the same, or essentially the same, architectural treatment of facades and roof lines. The minimum structural offset after any four abutting dwellings shall be two feet.
(b)
Accessory buildings shall be permitted as prescribed in an R-3 district, Chapter 18.30 SCC.
(Zoning ordinance Art. 5 § 1; Ord. 2006-13; Ord. 2010-09)
§ 18.105.040 Cemetery.
(1)
The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.
(2)
Any new cemetery shall be located on a site containing not less than 20 acres.
(3)
All other structures including, but not limited to, mausoleum, permanent monument, or maintenance building shall be set back not less than 25 feet from any property line or street right-of-way line.
(4)
All graves or burial lots shall be set back not less than 25 feet from any property line or street right-of-way line.
(5)
All required yards shall be landscaped and maintained. (Zoning ordinance Art. 5, § 1).
§ 18.105.050 Public and private utilities and services.
Where permitted, public and private utilities and services shall be subject to the following requirements:
(1)
Health Department Report. Application for permission to operate waterworks and/or sewage treatment plants shall be accompanied by a report and a recommendation from the health department. Such recommendations as to design and construction, type of treatment, source of water, standards for testing and sampling, and standards for the quality of effluent, shall be incorporated into and made a part of the application.
(2)
Lot Area and Location. The required lot area and location shall be specified as part of the application and shall be determined in relation to the proposed use, the intensity of such use, and the effects of such use upon the environment.
(3)
Fencing and/or Screening. Where findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding residential properties may ensue, fencing or screening with an evergreen hedge or other shielding material may be required in a manner consistent with such findings. (Zoning ordinance Art. 5, § 1).
§ 18.105.060 Private day nurseries and kindergartens.
(1)
A fenced play area shall be provided.
(2)
In addition to the requirements above, the facilities, operation, and maintenance shall meet the requirements of the county health department. (Zoning ordinance Art. 5, § 1).
§ 18.105.070 Automobile wrecking and junk yards.
(1)
Location. Because of the tendency for salvage yards to promote the breeding of vermin, no such operation shall be permitted closer than 300 feet from any established residential district.
(2)
Screening. All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence or wall, excepting driveway areas, from eight to 12 feet in height. Storage between the street and such fence or wall is expressly prohibited. Any fence or wall erected for screening purposes shall be properly painted or otherwise maintained in good condition until a screen of evergreen plantings are large enough to shield the premises from view, from the street, and from surrounding property.
(3)
Off-Street Parking. Off-street parking is as regulated in Chapter 18.125 SCC.
(4)
Ingress and Egress. The number of vehicular access driveways permitted on any single street frontage should be limited to:
(a)
One driveway where the parcel to be used has a maximum street frontage of 100 feet or less.
(b)
Two driveways where the street frontage exceeds 100 feet. Driveways used for ingress and egress shall be limited to a maximum of 40 feet in width, exclusive of curb returns. (Zoning ordinance Art. 5, § 1).
§ 18.105.080 Modifications for condominium unit development.
(1)
Condominium Unit Subdivisions. It is the intent of this chapter to permit the development of housing development known as condominium units. For purposes of application of these regulations, a condominium unit shall be constructed to be a subdivision of real estate and all platting requirements of this chapter, except as modified in this division, shall apply to such projects.
Condominium unit subdivision shall include a condominium as defined in the Code of Virginia and it shall also include any similar type development not technically within the definitions of the Code of Virginia, but substantially conforming to condominium type development and usage.
(2)
Special Regulations for Condominium Unit Subdivision. The following special regulations shall apply to any condominium unit subdivision platted under this chapter:
(a)
In considering its relation to zoning, the condominium development shall be subject to all applicable zoning regulations for the specific housing types planned in such developments. A condominimum unit development shall not exceed the maximum intensity of use permitted in the zoning district in which the development is located.
(b)
All structures within such development shall be planned so as not to impair an adequate supply of light and air to adjacent properties.
(c)
Off-street parking as prescribed for the applicable use under Chapter 18.125 SCC shall be provided.
(d)
Unless a dwelling unit is located on a separate lot fronting on a street, the dwelling unit must have vehicular and pedestrian access to a dedicated and accepted street through a prescribed easement or common area constituting part of the common element. All buildings shall be set back from street right-of-way lines and from the periphery of the project as prescribed for the zone in which the project is located.
(e)
The horizontal property plan must be approved by the planning commission and city council under the procedure for uses permitted on review. The application must also be accompanied by the proposed agreements, provisions, or covenants for governing the use, maintenance, and continued protection of the condominium development and any common areas that are not to be dedicated to the city of Staunton. (Zoning ordinance Art. 5, § 1).
§ 18.110.010 Purpose.
The uses of land, buildings, and other structures permitted in each of the districts established by this title are designated by listing the principal uses permitted. In addition to such principal uses, this chapter shall regulate uses customarily incidental to any principal use permitted in the district. (Zoning ordinance Art. 5, § 2).
§ 18.110.020 General provisions.
Each permitted accessory use shall:
(1)
Be customarily incidental to the principal use established on the same lot.
(2)
Be subordinate to and serve such principal use.
(3)
Be subordinate in area, extent, and purpose to such principal use.
(4)
Contribute to the comfort, convenience, or necessity of users of such principal use. (Zoning ordinance Art. 5, § 2).
§ 18.110.030 Permitted accessory structures.
Accessory uses shall be permitted as specified above and such accessory uses shall be applicable to the principal use and shall include, but not be limited to, the following:
(1)
For dwellings:
(a)
Shelter for house pets, but not exceeding two shelters to house not more than two adults and dependent animals per dwelling.
(b)
Enclosures and shelter for chickens, but not exceeding one pen and one coop to keep not more than six chickens, as defined and provided in Chapter 18.153 SCC.
(c)
Children's playhouse and playground equipment.
(d)
Incinerator, incidental to the principal use only.
(e)
Private greenhouse, vegetable, fruit, or flower garden, from which no products are sold or offered for sale.
(f)
Private garage or carport.
(g)
Private swimming pool and bathhouse.
(h)
Shed for the storage of maintenance or recreation equipment used on the premises.
(2)
For church, chapel, temple, or synagogue:
(a)
Parish house, or residence for the clergymen of the congregation.
(b)
Religious education building.
(3)
For educational institutions:
(a)
Convent or lay teacher's quarters.
(b)
Dormitories.
(c)
Power or heating plants.
(d)
Stadiums, gymnasiums, field houses, game courts, or fields.
(4)
For golf and country clubs:
(a)
Dwelling for caretaker.
(b)
Maintenance equipment storage shed.
(c)
Pro shop.
(d)
Lounge and dining area.
(e)
Refreshment facilities used primarily for members or participants at such clubs.
(5)
For hospitals and health institutions:
(a)
Staff quarters.
(b)
Laundry, incidental to the principal use only.
(c)
Medical and nursing instruction.
(d)
Chapel.
(6)
For industrial uses in the industrial districts:
(a)
Offices.
(b)
Restaurants or cafeterias.
(c)
First aid clinics or dispensaries.
(d)
Watchmen's quarters.
(e)
Research or pilot structures.
(Zoning ordinance Art. 5 § 2; Ord. 2015-09)
§ 18.115.010 Exceptions.
The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in Division II of this title:
(1)
In measuring heights, a habitable basement or attic shall be counted as a half story.
(2)
The following structures or parts thereof are hereby exempt from the height limitations set forth in the zoning districts:
(a)
Agricultural buildings: barn, silo, windmill, but not including dwellings.
(b)
Chimneys, smokestacks, penthouse, spires, flagpoles, ventilators, skylights, derricks, conveyors, and cooling towers.
(c)
Radio and television antennas and towers, observation towers, and transmission towers.
(d)
Water tanks and standpipes.
(e)
Other similar and necessary mechanical appurtenances pertaining to and necessary to the permitted uses of the districts in which they are located; provided, that they are not used for human occupancy.
(3)
Churches, schools, hospitals, sanatoriums, and other public and semi-public buildings may exceed the height limitations of the district if the minimum depth of the front, side, and rear yards required in the district is increased one foot for each two feet by which the height of such public or semi-public structure exceeds the prescribed height limit. (Zoning ordinance Art. 5, § 3).
§ 18.120.010 Setback exceptions.
The following requirements provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth except in Division II of this title:
(1)
No yard, open space, or lot area required for a building or structure shall, during its life, be occupied by any other building or structure except:
(a)
Awnings and canopies, as provided for in the building code and SCC § 12.05.110.
(b)
Bay windows and chimneys, not to exceed two feet.
(c)
Driveways, curbs, sidewalks, steps, and ramps.
(d)
Fences, walls, and hedges, subject to the regulations as set forth in this chapter.
(e)
Garbage disposal equipment, nonpermanent.
(f)
Landscape features, planting boxes, and recreational equipment.
(g)
Overhanging roof, eave, gutter, cornice, or other architectural feature, not to exceed three feet. Open fire escapes may extend into any required yard not more than six feet.
(h)
Parking space subject to the regulations set forth in Chapter 18.125 SCC.
(i)
Signs, subject to the regulations set forth in Chapter 18.140 SCC.
(j)
Decks and porches (nonenclosed) not to exceed six feet.
(k)
Trees, shrubs, flowers, and other plants subject to the vision requirements in this chapter.
(l)
Accessory buildings or structures in a front yard when the accessory building or structure is located at least 400 feet from the public right-of-way.
(m)
Mechanical equipment and generators when installed and used as an accessory use and related to the function of the principal use.
(2)
On any corner lot where a front and side yard is required, no wall, fence, sign, structure, or any plant growth which obstructs sight lines at elevations between two and one-half feet and 10 feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 15 feet along the front and side lot lines and connecting the points so established to form a right triangle on the area of the lot adjacent to the street intersections.
(3)
The following regulations shall apply to fences and walls in residential districts, or in any other district when constructed, placed, and/or used for residential purposes:
(a)
The height of a fence or wall shall be measured from the elevation at the base of the fence or wall, on the side away from the principal structure, vertically to the highest point of the fence or wall. In the case of fences on top of retaining walls or immediately adjacent to retaining walls, the height of the fence shall be measured from the top of the wall.
Posts or decorative trim caps may extend an additional six inches above the maximum height allowed for the fence.
In cases where topography creates conditions that hinder the ability to maintain a consistent fence height, the zoning administrator may have the discretion to approve minor increases in height in order to maintain a consistent horizontal line along the top edge of the fence.
(b)
In any required front yard, except as provided in subsection (2), (3)(d), or (3)(e) of this section, no fence or wall shall be permitted above the height of four feet, except as to retaining walls on lots with a grade in excess of 15 percent.
(i)
Exceptions for nonresidential uses permitted on review in residential districts:
(A)
In any required front yard, except as provided in subsection (2), (3)(d), or (3)(e) of this section, no fence or wall shall be permitted above the height of six feet, except as to retaining walls on lots with a grade in excess of 15 percent.
(B)
Fences exceeding four feet in height shall not be permitted adjacent to vehicular entrance to or exit from the public right-of-way within a triangle formed by measuring from the point of intersection of the edge of the entrance/exit and the front lot lines a distance of 15 feet along the front line and 15 feet along the edge of the entrance or exit and connecting the points so established to form a right triangle on the area of the lot adjacent to the entrance or exit.
(c)
In any required side or rear yard, no fence or wall shall be permitted above the height of eight feet.
(d)
Only for the purposes of this section, on any lot having frontage on more than one street, the orientation of the front or main door of the principal structure, as determined by the address assigned by the city, shall establish a primary front yard and all other front yards shall be considered secondary front yards. In secondary front yard(s), no fence or wall shall be permitted above the height of four feet unless the fence or wall is set back at least half the required front setback for the lot.
(e)
On any through lot, as to any secondary front yard(s), as established in subsection (3)(d) of this section, no fence or wall shall be permitted above the height of four feet unless the fence or wall is set back the full front setback required for the lot, or the average setback established by the adjacent existing dwellings or structures in the block, whichever is greater.
(4)
The following provisions also apply to certain conditions with respect to the use of lots and access points:
(a)
If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have effectively established an average setback line which is less than the specified setback for that district, then no building on that side of the street shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. Only front yards that are front facing based on the orientation of the principal structure, and the address assigned by the city, shall be a factor in these calculations.
(b)
Lots having frontage on more than one street shall provide the required front yards along those streets. On a corner lot in a residential district (R-1, R-2, R-3, R-4 and P-1), the front yard shall be designated by the orientation of the front or main door of the principal structure, as determined by the address assigned by the city, unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the front yard. The other yard abutting a street shall be a side yard and shall not be less than one-half of the front yard setback of the underlying district for single-family dwellings and accessory buildings, unless the lot meets the small lot exception granted under subsection (4)(d) of this section. Terraces and porches shall not encroach into this side yard setback notwithstanding the exceptions in subsection (1) of this section.
(c)
Division of a Lot. No recorded lot shall be divided into two or more lots unless such division results in the creation of lots, each of which conforms to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this title shall be permitted, except as prescribed below:
(i)
On lots containing more than one single-family dwelling, existing on or before November 11, 2021, and located within the H-1, historic preservation, district in cases where more than half of existing lots with frontage on the same side of an existing and public street accepted by city council between two intersecting streets have a width or overall lot area which is less than that required in the regulations of the respective district, a lot may be divided into two or more new lots when the new lots will be equal to or greater than the width and the lot area of at least half of the other lots existing on the same side of the intersecting streets at the time the subdivision is proposed. In no case shall a lot be created which is less than 40 feet in width and 70 feet in depth. Width shall be measured at the front building line. The provisions of maximum lot length set forth in SCC § 18.20.040(4)(b), § 18.25.040(4)(b), and § 18.30.040(4)(c) shall not apply to the newly created lots. The minimum required setbacks for the newly created lots shall conform to subsection (4)(d) of this section, Dwellings on Small and/or Narrow Lots. The result of the approved and recorded plat must be that each single-family dwelling be located wholly on its own individual lot.
(d)
Dwellings on Small and/or Narrow Lots. Where there are existing recorded lots which do not meet the minimum lot area and/or width requirements, single-family dwellings may be constructed provided the building front yard setback is 15 feet or the average setback established by dwellings or structures existing at the start of construction, and as long as a side yard shall be not less than four feet and the sum of the side yards shall be not less than 10 feet and as long as all other requirements, except lot size and lot width, are met.
(e)
Principal Uses Without Buildings. Where a permitted use of land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which located, as well as obtain any other license or permit applicable to that particular use.
(f)
No dwelling shall be erected on a lot which does not abut on at least one street for at least 30 feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.
(i)
The following shall provide an exception to the requirement for 30 feet of street frontage:
Where there is an existing undeveloped street or undeveloped portion of a street, and where all the lots intended to utilize the undeveloped street or undeveloped portion of a street for sole or primary access are under the same ownership, the undeveloped street may be utilized as primary access for construction of one single-family dwelling under the following conditions:
(A)
The portion of undeveloped street used for access must be of a sealed surface construction in compliance with SCC § 18.125.020;
(B)
The undeveloped street may be used by other lots as secondary access but shall only serve as primary access to one single-family dwelling;
(C)
Where the undeveloped street serves as sole and primary access to more than one lot, the lots shall be combined into one lot for the purpose of constructing one single-family dwelling using the undeveloped street as sole and primary access. All provisions of SCC Title 17, Subdivisions, shall apply when combining the lots;
(D)
The undeveloped street must have a direct connection to a developed public street without using or crossing any other undeveloped streets.
(ii)
The following shall provide an exception to the requirement of a street being the direct and primary means of ingress and egress for dwelling units:
In cases where the zoning administrator and city engineer have determined that issuance of a driveway entrance permit is undesirable due to topography, traffic volume on a street, or disadvantageous street design and/or layout, vehicular access to a single-family dwelling may be permitted through the use of a secondary access. In cases where alleys do not exist or the use of an alley is deemed by the zoning administrator or the city engineer to be undesirable, a private access easement may be used. In either of these situations, the front facade of the dwelling must face the public street and not the alley or access easement. Provisions for pedestrian access from the front door of the dwelling to the public street must be provided and maintained.
(A)
In cases where an alley is used:
(1)
The portion of the alley used for access must be at least 10 feet in width;
(2)
A driveway entrance permit must be approved by the city engineer evaluating the alley access point to the public street;
(3)
The lot must have been originally platted prior to annexation from Augusta County or have been platted in the city of Staunton prior to November 1, 1969, regardless of subsequent revisions.
(B)
In cases where a private access easement is used:
(1)
The applicant must show evidence of the existence of an easement to the lot for ingress and egress from a public street that is satisfactory to the city attorney;
(2)
The portion of easement used for access must be at least 10 feet in width and have a sealed surface construction in compliance with SCC § 18.125.020;
(3)
A driveway entrance permit must be approved by the city engineer evaluating the access point to the public street.
(g)
For any existing lot zoned residential which was displayed on a recorded subdivision plat without the required 30 feet of street frontage required in subsection (f) of this section, one single-family dwelling may be approved pursuant to the following conditions:
(i)
In cases where frontage on a public street is less than 10 feet:
(A)
The applicant must show evidence of the existence of an easement to the lot for ingress and egress from a public street.
(B)
The easement shall be a minimum of 10 feet in width.
(C)
Undeveloped streets, or undeveloped portions of streets, may not be used for access to the lot. Access must come from a street accepted by the city council pursuant to SCC § 12.05.030.
(D)
The lot must have been originally platted prior to annexation from Augusta County or have been platted in the city of Staunton prior to November 1, 1969, regardless of subsequent revisions.
(ii)
In cases where the frontage on a public street is less than 30 feet but more than 10 feet, the lot may obtain approval for one single-family dwelling without an easement.
(h)
An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street right-of-way line.
(i)
The following shall provide an exception to the minimum front setback requirement for attached private garages:
Notwithstanding any other provision set forth in this title, any attached private garage on any lot which includes a single-family dwelling that is nonconforming to the minimum required front setback for the zoning district, which faces on a street, shall not be located closer than 18 feet to the rear edge of the public sidewalk on the street right-of-way line that the garage door opening faces, regardless of the orientation of the main dwelling. In cases where a public sidewalk does not exist, an attached private garage shall not be located closer than 23 feet to the nearest edge of the city maintained public street pavement that the garage door opening faces, regardless of the orientation of the main dwelling.
(i)
Accessory buildings shall not be located in any required front yard with the exception of through lots in residential districts. On a lot in a residential district (R-1, R-2, R-3, R-4 and P-1) with frontage on two parallel streets, the front yard shall be designated by the orientation of the front or main door of the principal structure, as determined by the address assigned by the city unless the front yard is designated otherwise on the recorded plat. The yard abutting the other, parallel street shall be considered the secondary front yard, and an accessory building thereon is permitted solely for a single-family use that satisfies the front yard setback requirements of such district.
(Zoning ordinance Art. 5 § 4; Ord. 2004-06; Ord. 2009-20; Ord. 2009-22; Ord. 2011-07; Ord. 2019-09; Ord. 2021-02; Ord. 2021-32; Ord. 2021-36; Ord. 2022-22; Ord. 2023-02; Ord. 2023-05; Ord. 2023-10; Ord. 2023-17; Ord. 2024-19; Ord. 2025-02)
§ 18.125.010 Off-street parking requirements – General.
In all districts there shall be provided, at any time any building or structure is erected or enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:
(1)
Off-street parking for other than residential use shall be either on the same lot, or within 400 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot, along a public sidewalk and without crossing any major thoroughfares. Churches may establish joint parking facilities not to exceed 50 percent of the required spaces, with institutions and agencies that do not have a time conflict in parking demand.
(2)
Residential off-street parking spaces shall consist of a parking lot, driveway, garage, or combination thereof, and shall be located on the lot they are intended to serve.
(3)
For uses not specifically mentioned herein, off-street parking requirements shall be interpreted by the planning commission.
(4)
Any area once designed as required off-street parking shall not be changed to any other use unless and until equal facilities are provided elsewhere.
(5)
Off-street parking existing at effective date of these regulations in connection with the operation of an existing building or use, shall not be reduced to an amount less than hereinafter required for a similar new building or use.
(6)
Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall be not less than the sum of the requirements for the several individual uses computed separately.
(7)
The required off-street parking shall be for occupants, employees, visitors, patrons, and shall be limited in use to motor vehicles. The storage of merchandise, motor vehicles for sale, or the repair of vehicles on such parking area is prohibited.
(8)
Every company car, truck, tractor, and trailer normally stored at the plant site shall be provided with off-street parking space in an area reserved for the use as determined by the planning commission.
(9)
In cases of dual functioning of off-street parking where operating hours do not overlap, the planning commission may grant an exception.
(10)
The minimum number of off-street parking spaces shall be determined in accordance with the following:
Table of Parking Spaces Required | |
|---|---|
USES | PARKING SPACES REQUIRED |
Automobile wrecking, junk, or salvage yard which offers for sale to the public any new or used merchandise | One space for each two employees, plus one space for each 10,000 square feet of lot area, or two spaces for each 100 square feet of floor area, whichever is the greater. |
Banks, business, or professional offices | One per 300 square feet of usable floor area, plus one per each three employees. |
Barbershop or beauty parlor | Two per barber or beauty shop chair. |
Boarding or rooming house | One space for the resident family. One space for each two guests. |
Bowling alleys | Five per alley. |
Churches | One per four seats, or one per 30 square feet of usable floor area of auditorium, whichever is greater. |
Commercial recreation uses | One per three patrons, based on the design capacity of the facility. |
Commercial or trade schools | One per three students plus two per three employees. |
Country club | One per five members. |
Dormitories, fraternity, or sorority | One per each three permanent residents. |
Dwellings, single-family (attached, semi-attached, and detached) | One per dwelling unit. |
Dwellings, two-family | One per dwelling unit. |
Dwellings, multifamily and mixed-use buildings | |
Studio, efficiency | One per dwelling unit. |
Two-bedroom unit | One and one-half per dwelling unit. |
Three or more bedroom unit | Two per dwelling unit. |
Guest Parking | For all multifamily uses and mixed-use buildings, one space per every 10 units is required for guest parking. Guest parking may be dual functioning for property management offices and on-site recreational facilities. |
Establishments for sale and consumption on the premises of beverages, food, or refreshments | One per three employees, plus one per 100 square feet of usable floor space, or one per three fixed seats, whichever is the greater. |
Gasoline service station | One parking space for each employee, plus two spaces for each service bay. |
Governmental office building | One per 300 square feet of usable floor area, plus one per each three employees. Every governmental vehicle shall be provided with a reserved off-street parking space. |
Group house | One space for each three individuals, plus one space for each supervisor, plus one space for each two employees. |
Housing for elderly and/or physically handicapped | One for each two dwelling units per each unit actually housing elderly and/or physically handicapped and two spaces per dwelling unit housing individuals not elderly or handicapped. |
Hospitals | One per three patient beds, exclusive of bassinets, plus one space for each two employees including nurses on the maximum working shift, plus adequate area for parking emergency vehicles. |
Hotel, motel, etc. | One per each room or suite. When a restaurant is included that may serve the outside public, parking shall be calculated at the same rate as "Establishments for sale and consumption on the premises of beverages, food, or refreshments." For conference or meeting facilities, add one additional space for every four persons based on the design capacity of the conference or meeting area. |
Industrial establishments | One per two employees on the combined two largest successive shifts, plus adequate parking space for customer and visitor vehicles as determined by the planning commission. |
Library | One for each 400 square feet of floor space. |
Manufactured home | Two spaces per stand or lot. |
Medical clinics | Three patient parking spaces per staff doctor, plus one per staff doctor, plus two per three other employees. |
Mortuaries or funeral parlors | Five spaces per parlor or chapel unit, or one per four seats, whichever is greater. |
Private clubs, lodge, or union headquarters | One per three members based on the design capacity of the facility. |
Retail stores, supermarkets, department stores, and personal service establishments except as otherwise specified herein | One per 100 square feet of retail floor space. |
Schools shall be provided with parking spaces per the following schedule: | |
Elementary, junior high, and the equivalent private or parochial schools | Two spaces per three teachers and employees normally engaged in or about the building or grounds, plus one space for each 150 square feet of seating area, including aisles, in any auditorium. |
Senior high schools and the equivalent private or parochial schools | Two spaces per three teachers and employees normally engaged in or about the building or grounds, plus one space per five students or one space for each 150 square feet of seating area, including aisles, in any auditorium, gymnasium, or cafeteria intended to be used as an auditorium, whichever is the greater. |
Kindergartens, day schools, and the equivalent private or parochial schools | Two parking spaces per three teachers and employees normally engaged in or about the building or grounds plus one off-street loading space per eight pupils. |
Shopping centers | Five and one-half parking spaces per 1,000 square feet of gross leasable area; provided, however, that if more than two-thirds of the gross retail and customer service area for all business establishments is devoted to or occupied by retail food stores and department stores, the parking requirements shall be as provided for supermarkets and department stores. Hardware and furniture stores and all other retail and personal service establishments except as otherwise provided: one space for each 200 square feet of retail space. |
Special care facility | One space for each four patient beds plus one space for each staff doctor plus one space for each two employees including nurses. |
Stadiums and sports arenas | One per eight seats or 12 feet of benches. |
Supermarkets and department stores | One parking space for each 100 square feet of floor area used for retail sales for the first 5,000 square feet and one space for each 200 square feet of retail area above 5,000 square feet. |
Swimming pools | One per 30 square feet of water area. |
Theaters, auditoriums, and places of assembly without fixed seats | One per three people based on the design capacity of the structure. |
Wholesale establishments and business services | One for every 50 square feet of customer service area, plus two per three employees based on the design capacity of the largest shift. |
(Zoning ordinance Art. 5 § 5; Ord. 2004-23; Ord. 2009-12; Ord. 2017-10; Ord. 2019-15; Ord. 2024-33)
§ 18.125.011 Exceptions to off-street parking requirements.
The requirements of SCC § 18.125.010 shall not be applicable to the following:
(1)
Any lot or parcel in the core business district, beginning at the intersection of Baldwin Street and Lewis Street, thence with Baldwin Street to Central Avenue, thence with the line (center line) of existing Baldwin Street to New Street, thence with New Street to Frederick Street, thence with Frederick Street to Coalter Street, thence with Coalter Street to its intersection with the C&O Railroad, thence with the C&O Railroad to its intersection with Middlebrook Avenue, thence with Middlebrook Avenue to its intersection with Lewis Street, thence with Lewis Street to Baldwin Street to the point of beginning.
(2)
All that certain lot of parcel of land, with all improvements thereon and appurtenances thereto belonging, situate in the city of Staunton, Virginia, known by present house numbering as 300 Church Street and described as containing 1.435 acres and being in all respects the same property shown on plat entitled "Plat Showing Smith Fuel Company Lands, Church Street, Staunton, Virginia," dated January 20, 1970, made by Higgs and Shumate, Engineers – Surveyors, said plat being recorded in the clerk's office of the circuit court of the city of Staunton, Virginia, in Deed Book 173, page 225, less however, that portion containing 0.002 acre, more or less, which was conveyed to the commonwealth of Virginia by deed dated October 13, 1988, recorded in Deed Book 290, page 512.
(3)
All those two certain lots or parcels of land, together with all improvements thereon, and all rights, privileges and appurtenances thereunto belonging, situate in the city of Staunton, Virginia, more particularly described as Lot 6 (PIN 1611) and Lot 7 (PIN 1612), Block ZZ and designated by present street numbering as 220 and 222 S. Washington Street, Staunton, Virginia.
(4)
Any lot or parcel, in addition to that permitted in subsections (1), (2), (3) of this section, with existing commercial buildings and zoned B-1, B-2, B-3, or P-1, with new or continuing business uses, where any of the following conditions already exist exclusive of adjacent unaccepted alleyways and/or streets:
(a)
Slopes greater than 15 percent;
(b)
Front yard less than 25 feet, side yard(s) less than 40 feet and a rear yard less than 40 feet; or
(c)
The new or continuing business use occupies only the existing structure(s) without any additions or conversion of unfinished space for business use. Existing parking lots shall be maintained and not be reduced except in conformance with this chapter.
(5)
For lots platted before January 1, 2023, any single-family dwelling constructed on a street where more than 50 percent of the existing single-family dwellings located on the same side of the street between two intersecting streets do not have off-street parking.
(Ord. 2009-12; Ord. 2019-15; Ord. 2023-11)
§ 18.125.020 Off-street parking lot layout, construction, and maintenance.
Where the required off-street parking requires the building of a parking lot, and wherever a parking lot is built, such parking shall be laid out, constructed, and maintained in accordance with the following regulations:
(1)
Except for parcels of land devoted to one- and two-family uses, all areas devoted to off-street parking shall be so designed, constructed, and be of such size that no vehicle is required to back into a public street to obtain egress.
(2)
Each parking space shall be not less than nine feet in width and 18 feet in length and shall be a specifically designated stall.
(3)
In any determination of parking requirements as set forth in this chapter, where the resultant figure contains a fraction, any fraction less than one-half or more shall be counted as one parking space.
(4)
Clearly defined driveways used for ingress and egress shall be designed in general conformance with the standards of the Virginia Department of Transportation.
(5)
All areas devoted to permanent off-street parking as required under this chapter shall be of a sealed-surface construction, and maintained in such a manner that no dust will result from continuous use and no loose materials shall wash, erode, or in any other way be deposited onto the public-right-of-way.
(a)
For lots platted before January 1, 2023, in cases where a single-family dwelling is constructed on a street in which the majority of lots fronting on the same side of the street between two intersecting streets have already been developed, if more than 50 percent of the existing required parking for each dwelling is not sealed-surface, any new dwelling shall not be required to have sealed-surface parking. A nonsealed surface shall consist of 21A stone that is properly compacted. Alternate, but equivalent, materials and methods may be approved at the discretion of the zoning administrator. All nonsealed surface parking shall be maintained in such a manner as to prevent loose materials from washing, eroding, or in any other way being deposited onto the public right-of-way.
(b)
In cases where a business use would require intermittent parking, the zoning administrator may approve surfaces which are not sealed. Such surfaces shall include, but not be limited to, structured turf, gravel or crush and run, asphalt millings or recycled asphalt.
(i)
All spaces located on gravel or other nonsealed parking areas, except structured turf parking, shall be marked with concrete parking blocks, landscaped timbers, railroad ties or similar devices. Spray paint on gravel or nonsealed surfaces does not constitute the marking of parking spaces and is prohibited.
(ii)
The parking area shall be maintained so that there are no ruts, potholes, mud, and also so there is no erosion of gravel, dust, or mud into the public right-of-way.
(iii)
In cases where the unsealed parking area has direct access from the public right-of-way, there shall be a sealed surface drive which gives access to the unsealed parking area. The drive shall be a minimum of 30 feet in length.
(iv)
The parking area shall be landscaped and screened in accordance with the provisions of Chapter 18.175 SCC, Landscape and Screening.
(v)
This exception to the sealed surface requirement shall not apply to shared parking arrangements or to cases where the parking is not provided on the same lot as the use that it serves.
For the purposes of this section "intermittent parking" shall be defined as parking which does not occur on a year-round weekly basis.
(c)
Businesses conducting agritourism activities, as defined in Section 3.2-6400 of the Code of Virginia, shall be exempt from the sealed surface requirement of the chapter.
(6)
The parking lot shall be drained to eliminate surface water.
(7)
For any parking lot, except on parcels of land devoted to single-family dwellings or no more than one two-family dwelling, there shall be a minimum setback of five feet from any property line. The minimum setback may be greater in cases where Chapter 18.175 SCC requires a larger planting or screening area. In cases of shared parking or where parking lots are connected, side and rear setbacks may be reduced or eliminated at the discretion of the zoning administrator.
(8)
Plans for the layout of a parking lot must be approved by the zoning administrator, based on the Infrastructure Design and Construction Standards of the City of Staunton, maintained in the office of the city engineer.
(Zoning ordinance Art. 5 § 5; Ord. 2018-01; Ord. 2022-09; Ord. 2023-11)
§ 18.130.010 Commercial vehicle and trailer storage and parking; maximum number and size and limitations on time.
Commercial vehicles and trailers of all types, including travel boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot used for residential purposes in accordance otherwise with applicable law except in accordance with the following provisions and as provided in Chapter 18.155 SCC:
(1)
For each family living on the premises, not more than one commercial vehicle, which does not exceed 16,000 pounds gross vehicle weight rating and a vehicle height greater than eight feet, shall be permitted. Vehicle height shall be the distance, measured vertically, from the ground to the highest point of the vehicle, including any features such as toppers, racks, cargo boxes, or any other feature that performs a similar function, or mechanical and electrical equipment.
(2)
For each family living on the premises, not more than one camping or travel trailer or hauling trailer or boat trailer shall be permitted and said trailer shall not exceed 24 feet in length, or eight feet in width; and further provided, that such trailer shall not be parked or stored for more than 48 hours unless it is located behind the front yard building line. A camping or travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area.
(Zoning ordinance Art. 5 § 6; Ord. 2012-09)
§ 18.135.010 Off-street loading zones.
In all districts, and on the same premises with every building, structure, or part thereof, erected and occupied for manufacturing, storage, warehouse goods, display, a department store, a wholesale store, a market, a hotel, a hospital, or other uses similarly involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading services adjacent to the opening used for loading and unloading in order to avoid undue interference with public use of the streets or alleys.
Off-street loading and unloading spaces shall be provided as follows:
(1)
One off-street loading and unloading space shall be provided for buildings up to and including 20,000 square feet of floor area, plus one additional off-street loading and unloading space for each additional 20,000 square feet of floor area up to and including 100,000 square feet.
(2)
There shall be provided one additional off-street loading and unloading space for each additional 40,000 square feet of floor area in excess of 100,000 square feet.
(3)
Where trailer trucks are involved, such loading and unloading space shall be an area 12 feet by 40 feet, with a 14-foot height clearance, and shall be designed with appropriate means of truck access to a street or alley as well as adequate maneuvering area.
(4)
All areas devoted to permanent off-street loading and unloading, as required under this chapter, shall be of a sealed-surface construction and maintained in such a manner that no dust will result from continuous use. (Zoning ordinance Art. 5, § 7).
§ 18.140.010 General provisions.
These conditions are established as a reasonable and impartial method of regulating advertising structures in order to ensure safe construction, light, air, and open space, to reduce hazards at intersections, to prevent the accumulation of trash, to preclude the establishment of structures which would afford hiding places for immoral or criminal activities, and to protect property values of the entire community.
The regulations for signs, billboards, and other advertising structures are indicated below. The interpretation of nomenclature in this chapter shall be as defined in Chapter 18.10 SCC. (Zoning ordinance Art. 5, § 8. Ord. 2024-13).
§ 18.140.020 General regulations.
In any zoning district where signs are permitted, the following general regulations shall apply:
(1)
No sign shall be erected or maintained at any location where by reason of its position, wording, illumination, size, shape, or color it may obstruct, impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal, or device.
(2)
No sign shall contain or make use of any word, phrase, symbol, shape, form, or character in such manner as to interfere with, mislead, or confuse traffic.
(3)
No sign having flashing, intermittent, or animated illumination shall be permitted.
(4)
No illumination sign shall be permitted within 50 feet of property in any residential district unless the illumination of such sign is so designed that it does not shine or reflect light onto such property.
(5)
No billboard or freestanding sign shall be erected to exceed 20 feet above the ground level or 50 feet in length. The bottom coping of every freestanding sign shall be at least three feet above the ground or street level.
(6)
All roof signs shall be so constructed as to leave a clear space of not less than six feet between the roof level and the lowest part of the sign. No portion of any roof sign structure shall project beyond an exterior wall. No roof sign shall be at any point over 24 feet above the roof level. Roof signs shall not exceed the height limit of the zoning district.
(7)
No part of any wall or projecting sign that is attached to a building shall be erected to a height greater than such building, unless the building and sign are architecturally integrated and designed as a unit.
(8)
Billboards and other similar outdoor advertising structures shall be erected or placed in conformity with the side and rear yard requirements of the district in which located. However, no billboard shall be erected or placed closer than within 100 feet of any residential district, and it shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal use in such district; and for every square foot by which such billboard exceeds 100 square feet such setbacks shall be increased by one-half foot, but not to exceed 300 feet.
(9)
No advertising sign shall be located in any area designated by the planning commission as one of scenic beauty or historical interest.
(10)
No building walls shall be used for display of advertising, except that pertaining to the use on the premises.
(11)
Temporary Signs.
(a)
All temporary signs must be mounted on a building, with the exception of sandwich board signs, which are further regulated in this chapter.
(b)
Temporary signs shall be included when determining the total area of signs erected or displayed on a property.
(c)
In no case shall more than one temporary sign be located on any building storefront.
(d)
No temporary signs may exceed 30 square feet in area, with the exception of sandwich board signs, which are further regulated in this chapter.
(e)
Temporary signs shall not be erected or otherwise fixed on any pole, tree, stone, fence, building, structure, or any object within the right-of-way of any street. No temporary sign shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, or be confused with any authorized traffic sign, signal, or device.
(f)
A temporary sign shall not be suspended across public streets or other public places, except as permitted by the planning commission.
(g)
With the exception of sandwich board signs which are further regulated in this chapter, no sign shall be placed in any public right-of-way, except publicly owned signs, such as traffic control signs, directional signs, and subdivision identification signs.
(12)
Motor Vehicle Signs. Signs displayed on motor vehicles operated or parked on public or private property when visible from any public street shall be permitted, provided the following requirements are met:
(a)
The motor vehicle is primarily used for purposes other than the display of advertising;
(b)
Motor vehicle signs may not include any illumination, including flashing, pulsating, rotation, or blinking signs;
(c)
Motor vehicle signs may not include electronic changeable copy signs, including signs containing light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices used to change the advertising displayed by such signs.
(13)
Signs erected and overhanging any sidewalk must be placed at least 10 feet above the sidewalk and may extend over the sidewalk a distance equal to one-half the width of the sidewalk, but in no case exceeding 10 feet.
(14)
Freestanding signs shall be not over 30 square feet in area and shall be located not closer than five feet from any property line.
(15)
Professional signs for home occupations, where permitted, shall not exceed two square feet in area, provided, such sign is either a wall or ground sign located not closer than 20 feet to the street right-of-way.
(16)
The area of a sign shall be determined by the smallest circle, triangle, or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message. A sign designed to be viewed from two opposite directions shall be considered as one sign; provided, that the two sign faces shall not be more than two feet apart if parallel, nor form an angle of more than 90 degrees if angular. When more than one sign is permitted on a lot, the net sign area shall be the sum of those signs designed to be viewed from one direction, and such signs shall not be less than 20 feet apart.
(17)
Automobile sales lot entrance portals may be permitted. If the portal is internally illuminated it will be considered as a sign. Entrance portal illumination may not exceed five foot-candles measured at any point in front of or to either side of the portal. The entrance portal will be treated as a building-mounted sign if any portion of the portal is located within five feet of the building. If all portions of the portal are located more than five feet from the building, the portal shall be treated as a freestanding sign.
(18)
Freestanding signs shall be set back a minimum distance of five feet from any vehicular entrance or exit to a public right-of-way.
(19)
A zoning permit is required prior to erecting any permanent sign. (Zoning ordinance Art. 5, § 8. Ord. 2010-04; Ord. 2022-17; Ord. 2024-13).
§ 18.140.030 Residential district regulations.
In residential districts, the following regulations shall apply:
(1)
For Single-Family and Two-Family Dwellings. Name plates not to exceed one square foot in area shall be permitted for each dwelling unit; such name plates shall indicate nothing other than name and/or address of the occupants or premises.
(2)
For Multifamily and Group Dwellings. Identification signs, not to exceed twenty square feet in area, shall be permitted; such sign shall indicate nothing other than name and/or address of the premises, and the name of the property management company. Freestanding signs shall be located not closer than one-half the required setbacks and may have indirect illumination.
(3)
Announcement of Church, School, or Public Building. Bulletin boards or identification signs, not to exceed 20 square feet in area, shall be permitted; such bulletin boards or identification signs shall indicate nothing other than name and/or address of the premises, and schedule of services or other information relevant to the operation of the premises. Such sign shall be located not closer than one-half the required setbacks and may have indirect illumination.
(4)
Subdivisions. For each residential subdivision, one sign not greater than 20 square feet is permitted; such sign shall indicate nothing other than name of subdivision. Where a subdivision may have multiple entrances at different locations, one sign is permitted at each entrance to the subdivision. Such sign shall be located not closer than one-half the required setbacks and may have indirect illumination.
(5)
Only one sign per street frontage shall be permitted.
(6)
Flashing or intermittent illumination is prohibited.
(7)
Billboards and other advertising structures are prohibited.
(Zoning ordinance Art. 5 § 8; Ord. 2024-29)
§ 18.140.040 Business district regulations.
In business districts, the following regulations shall apply:
(1)
Sandwich Board Signs.
(a)
In any district zoned for business or professional use one sandwich board sign is permitted per storefront and shall be exempt from the provisions of Chapters 18.83 and 18.85 SCC. A sandwich board sign shall be considered to be a type of temporary sign and no sign permit is required. Sandwich board signs in the downtown business district shall be regulated as provided in subsection (4)(d) of this section.
(b)
Location.
(i)
A sandwich board sign shall be located within the same parcel boundaries as the business it advertises;
(ii)
Sandwich boards may be located in a pedestrian right-of-way only when the primary face of the building is less than five feet from the pedestrian right-of-way and must provide at least a 36-inch wide clearance for pedestrian travel;
(iii)
Sandwich boards located on any public pedestrian right-of-way shall be placed with the base of the sign perpendicular to and in full contact with the building face.
(c)
Size. Sandwich boards shall be no larger overall than four feet in height and two feet in width.
(d)
Such sign shall have no illumination of any kind and may be displayed only during the hours the business is open to the public.
(e)
Sandwich board signs may advertise products, sales, grand openings, or address any other advertising purpose solely for the business in front of which the sign is located.
(2)
For Public Recreation Uses, Community Facilities, Hospitals, and Clinics. Bulletin boards or identification signs shall not exceed 20 square feet in area.
(3)
For Gasoline Service Stations. Two pole signs not exceeding 30 square feet each in surface area. Other business signs, the aggregate area of which does not exceed one square foot for each one linear foot of lot adjoining a public street.
(4)
For other permitted principal uses, business signs shall be permitted as incidental uses, not to exceed the number of signs nor to exceed the net area for all such signs permitted as follows:
(a)
P-1 Professional District. For any use, bulletin boards or identification signs shall not exceed 20 square feet in area. Only one sign per street frontage shall be permitted. Flashing or intermittent illumination is prohibited. Such sign shall be attached to the building or located not closer than five feet from any property line and may have indirect illumination.
(b)
B-1 Local Business District. Business signs not to exceed one square foot per five square feet of usable floor area or two square feet per one linear foot of street frontage, whichever is the greater. No sign or portion of any sign shall be erected upon or overhang any public property. No freestanding signs shall be located within five feet of any property line.
(c)
B-2 General Business District. Business signs not to exceed two square feet of surface for each one linear foot of lot fronting on a public street, but in no case shall the surface area be limited to less than 50 square feet. All signs shall be mounted either on buildings or on sign display devices affixed permanently to the ground. All freestanding signs shall be located not closer than five feet to any property line.
(d)
Special Regulations for the Downtown Business Area.
(i)
Purpose.
(A)
Signs constitute a separate and distinct use of the land upon which they are placed and affect the use of adjacent streets, sidewalks and other public places and adjacent private places open to the public. The unregulated construction, placement and display of signs constitute a public nuisance detrimental to the health, safety, convenience and welfare of the residents of the city.
(B)
The purpose of this subsection (3)(d) is to establish reasonable and impartial regulations for all exterior signs and those interior signs designed to attract the attention of persons located outdoors in order to: reduce the traffic hazards caused by such unregulated signs which may distract and confuse, and impair the visibility of, motorists and pedestrians; ensure the effectiveness of public traffic signs and signals; protect property values by ensuring the compatibility of property with that surrounding it; provide an attractive visual environment; protect the character and appearance of the district; attract tourists to the city; protect the public investment in streets, highways and other public improvements; and protect and improve the public health, safety, and general welfare.
(C)
The regulations contained in this subsection (3)(d) advance these significant governmental interests and are the minimum amount of regulation necessary to achieve them.
(ii)
Downtown Business Area Defined. The downtown business area is defined as embracing the properties abutting on Lewis Street beginning at its intersection with West Beverley Street and extending to the intersection of Lewis Street with Middlebrook Avenue, thence along Middlebrook Avenue to its intersection with South New Street Extended, thence along South New Street Extended to its intersection with Greenville Avenue, thence along Greenville Avenue to its intersection with North Coalter Street to its intersection with East Frederick Street, thence along East Frederick Street to its intersection with North New Street, thence along North New Street to Churchville Avenue, thence along Churchville Avenue to its intersection with Lewis Street, thence along Lewis Street to its intersection with Beverley Street, the point of beginning, as well as all properties within the area herein delineated.
(iii)
Definitions. For purposes of this subsection (3)(d), the interpretation of nomenclature contained herein shall be as defined in Chapter 18.10 SCC.
(iv)
General Requirements. In addition to the regulations applicable to the underlying zoning of a parcel situated in the downtown business area (except as specifically modified or changed hereby), these general requirements are applicable to the properties within the downtown business area:
(A)
No person, firm or corporation shall erect, alter, repair or relocate any sign within the area without first obtaining a certificate of appropriateness from the city's historic preservation commission (HPC) or the zoning administrator (in cases where the zoning administrator is given authority to issue such certificate without referral to the HPC). A sign permit shall not be required for routine maintenance or a change in copy that results in no alteration to the sign structure.
(B)
A building permit is required for the erection of a sign over 2.5 square feet in area. A window sign, if authorized herein, does not require a building permit.
(C)
No sign shall project above the building part to which it is attached.
(D)
All signs must meet the requirements of the Virginia Uniform Statewide Building Code (USBC).
(E)
No sign otherwise permitted herein, that lies on, over or across any street, road, highway, alley, sidewalk or other public right-of-way may be erected, displayed, constructed, repaired or altered unless the owner obtains a policy of general public liability insurance with a company authorized to do business in the state of Virginia (approved by the city manager). Said policy shall name the city as an "additional insured" and shall protect and hold harmless the city, its agents and employees from and against any suit, action, claim, cause of action, damages, losses, liability and expenses (including without limitation, litigation expenses and attorney's fees) resulting from, arising out of, or incidental to the construction, alteration, reconstruction, maintenance, repair, removal, falling or collapse of the sign. The minimum bodily injury protection in said policy shall be $300,000 per person and $600,000 per occurrence, and the minimum property damage protection in said policy shall be $150,000 per occurrence. Said policy shall contain a provision that the policy shall not be canceled or changed unless the city is given 30 days' notice prior to said cancellation or change. Failure to maintain the policy in full force and effect shall be due cause for the city, acting through its zoning administrator, to order removal of such projecting sign immediately.
(F)
The zoning administrator may remove any sign in violation of the requirements of this chapter, not removed by the owner after notice to do so by the zoning administrator, and shall impound the sign within 24 hours of such removal. The zoning administrator shall notify the owner and the business subject of said sign in writing, if ownership is readily determinable, of the location at which the sign is being stored and of the owner's right to retrieve the sign upon payment of the impound fee ($100.00), plus a storage fee ($10.00) per day for each day or fraction of a day of storage. If the owner of the sign in violation cannot be readily ascertainable, the business, subject of said sign, shall be so notified. Signs not so retrieved within a period of 30 days of the mailing of such notice may be destroyed by the city, and the impound fee and storage charge may be recovered against the owner of the sign and the business subject of said sign, jointly and severally.
(v)
Permit/Certificate of Appropriateness.
(A)
The application for a certificate of appropriateness (required by subsection (4)(d)(iv)(A) of this section) shall contain (1) the location of the sign structure, (2) the name and address of the owner of the sign and of the person, firm or corporation of the sign contractor (if any), (3) a drawing showing the design and copy to be displayed upon the sign, and (4) such other information as the zoning administrator and/or the building official may require to ensure compliance with this code and/or other ordinances of the city. The application shall be made to the zoning administrator.
(B)
The application shall be accompanied by a fee of $15.00, or such other fee as fixed by the governing body from time to time.
(C)
A certificate issued hereunder shall become null and void if the work for which the certificate was issued has not been completed within six months of the date of issuance of the certificate, unless, however, the certificate allows a longer time for completion.
(vi)
Signs Permitted in the Downtown Business Area.
(A)
The following types of signs are permitted in the downtown business area (subject to the granting of a certificate of appropriateness):
(1)
Flat wall signs;
(2)
Projecting signs;
(3)
Freestanding signs;
(4)
Awning signs;
(5)
Marquee signs;
(6)
Window signs;
(7)
Flag;
(8)
Banner;
(9)
Church signs.
(B)
The total sign area for a business shall be computed on a ratio of one square foot of sign for each lineal foot of building face occupied by the business, except that no sign on, or attached to, a particular building face shall exceed 30 square feet in area. "Building face" as used herein means that face of the building that fronts upon a street (or sidewalk) and/or an improved alleyway. Sign area shall be calculated as the area within a parallelogram, triangle, circle, semicircle or other regular geometric figure including all letters, figures, graphics or other elements of the sign, together with any material or framing that is an integral part of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The sign area shall not include decorative bar-iron cresting above the sign and/or decorative bar-iron brackets below the sign if the bar-iron is no larger than three-quarters of an inch by one and one-half inches in cross section. Double-faced signs (two sign faces parallel, back to back, and not more than two feet from each other) shall be counted as one sign. V-signs (two sign faces on an angle, not parallel) with an angle greater than 60 degrees, shall be prohibited. The supporting framework of the sign shall not be included in determining sign area unless such supporting framework forms an integral part of the sign display, as determined by the zoning administrator. If the sign is located on a decorative fence or wall, when such fence or wall otherwise meets these or other ordinances or regulations and is clearly incidental to the display itself, the fence or wall shall not be included in the sign area.
(1)
The content or advertising message carried by permitted signs shall pertain to (a) the business located on the same premises as the sign, (b) any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or (c) a commodity or service for sale.
(2)
For signs with changeable message panels or zip tracks, the changeable message area of the sign shall not exceed 25 percent of the total sign area, except for gasoline price signs, which shall not exceed 75 percent of the total sign area.
(C)
Church signs not exceeding 40 square feet in area are permitted provided that only one such sign may be erected or displayed on any street frontage. Church signs must be set back at least 10 feet from the lot line facing a street except when the required building setback line is less than 10 feet from a particular lot line.
(vii)
General Regulations.
(A)
Size.
(1)
The total sign area for the face of any building, however allocated among sign types (flat wall, projecting, freestanding, awning, window, and/or marquee), shall be computed on the ratio of one square foot of sign for each lineal foot of building face not to exceed 75 feet, except that no sign attached to a building face shall exceed 30 square feet in area.
(2)
Projecting or freestanding signs shall have no more than two sides and shall have a maximum size per side of nine square feet for building faces with fewer than 30 lineal feet of frontage, and a maximum of 15 square feet per sign face for building faces with 30 or more lineal feet of frontage. The larger sign size is restricted to buildings with single occupants or, for buildings with multiple occupancy, to one projecting sign shared by all. The size of freestanding signs to be keyed on the size of the lot: smaller than 50 lineal feet equal no more than six square feet. Lots between 50 and 100 lineal feet equal nine square feet and greater than 100 equal 30 square feet.
(3)
The total area of window signs, including those advertising sales, in any one window shall not exceed 20 percent of the area of the window. The total area of window signs shall be included in determining the total area of signs erected or displayed.
(4)
In the absence of a building, the total sign area shall not exceed nine square feet per side.
(5)
Freestanding signs shall be mounted on bases a maximum of three feet high. No freestanding sign shall exceed 12 feet in height from grade.
(B)
Number.
(1)
Two signs shall be allowed per building face, with not more than one projecting, freestanding, or marquee sign allowed per face.
(2)
More than one projecting sign may be hung per bracket, provided other requirements relating to height are met.
(C)
Location.
(1)
Flat wall signs may be located anywhere on the surface of the building. No portion of a wall sign shall project above the cornice, roofline, or coping.
(2)
Signage shall not conceal or obstruct significant architectural features of a building.
(3)
Projecting signs, which shall all be approved by the historic preservation commission, shall extend no closer than one foot to the curb line and a minimum clearance of eight feet above a public sidewalk, and shall not project over a public street or vehicular alley. Projecting signs shall have no more than one bracket for every full 15 feet of building frontage. Neither the bracket nor any portion of a projecting sign may be placed more than 20 feet above the front sidewalk, or in the absence of a sidewalk, above the street. Liability insurance policy shall be maintained in accordance with subsection (3)(d)(iv)(E) of this section. Sign placement shall take into consideration historical placement of signs. Historic signs whether they are flat, freestanding, or projecting may be approved; provided, that the application presents evidence of a local historical precedent. Any sign projecting over city right-of-way must be approved by the city manager.
(4)
Freestanding signs shall be placed behind the property line. No freestanding sign shall be located within 50 feet of another freestanding sign, measured from the nearest point of each sign to the other. More than one business may be identified on each freestanding sign.
(5)
Signs may be on the faces of a marquee or awning and may not project below the lower edge of the marquee or awning. The bottoms of marquee signs shall be not less than eight feet above the sidewalk or grade at any point.
(D)
Content. Signs allowed shall be identification signs only for businesses on the premises, except as otherwise permitted herein. At the closing of a business, all related signage shall be removed.
(E)
Illumination. Only external illumination of signs is permitted, but in accordance with the restrictions set forth below:
(1)
The light from any illuminated sign shall be so shaded, shielded, or directed that the light intensity or brightness will not be objectionable to the surrounding area.
(2)
No sign shall have blinking, flashing, or fluttering lights or any other illumination device that has a changing light intensity, brightness, or color. Beacon lights shall not be permitted.
(3)
No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.
(4)
Neither direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.
(5)
No exposed reflective bulb, strobe light, or incandescent lamp that exceeds 15 watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light, or lamp to any public street or adjacent property.
(6)
Awnings must not be illuminated.
(F)
Decorative Flags. Wall-mounted decorative flags, each shall not exceed 15 square feet in area. Decorative flags shall display only the logo of a business or a decorative design related to the business and shall not display the words or phrases related to business activity on the premises. A national, state, or local government flag shall also be limited to 15 square feet, one per building. All flags shall not project above the highest point of the roof of the building, nor shall it be attached to or mounted on top of a roof. The area of the decorative flags shall be deducted from the building-mounted sign area allowed by subsection (3)(d)(vii)(A)(1) of this section.
(G)
Gasoline Pump Island Signs. Nonilluminated gasoline pump island signs shall be permitted subject to the following restrictions:
(1)
Two "self serve" or "full serve" signs per pump island not to exceed two and one-half square feet each (no historic preservation commission approval or sign permit shall be required).
(2)
One fuel price or promotional information sign mounted/incorporated into each fuel pump not to exceed one square foot (no historic preservation commission approval or sign permit shall be required).
(3)
Any other signs on the canopy or pump islands shall be subject to the requirements for building-mounted signage in subsection (3)(d)(vii) of this section.
(H)
State Inspection Center Signs. Official state inspection center signs for certified state inspection stations shall be permitted for service stations and automobile dealerships. These signs shall be nonilluminated and located on the building. The maximum sign area shall be six square feet. One such sign shall be permitted. No historic preservation commission approval shall be required.
(I)
Menu Boards. Portable signs displaying menu items for a restaurant on the premises shall be permitted if the following conditions are met (no historic preservation commission approval or sign permit shall be required):
(1)
Number of signs permitted: one sign for the main entrance to the restaurant; but where a restaurant has a rear entrance from an adjacent parking lot, one additional menu board may be placed at the rear entrance.
(2)
Maximum sign area: four square feet.
(3)
Maximum height: four feet.
(4)
Maximum distance of menu board from restaurant or outdoor dining area entrance: four feet.
(5)
Projection over a city right-of-way: prohibited.
(6)
Location on a city right-of-way: prohibited.
(7)
Illumination: prohibited.
(J)
Directory Signs. Freestanding or building-mounted directory signs shall be permitted for shopping centers if the following conditions are met:
(1)
Number of signs permitted: one directory sign for each 10 businesses in the shopping center.
(2)
Maximum sign area: seven and one-half square feet.
(3)
Maximum height for freestanding signs: seven and one-half feet.
(4)
Projection over a city right-of-way: prohibited.
(5)
Location on a city right-of-way: prohibited.
(6)
Illumination: prohibited.
(K)
Shopping Centers. One freestanding or building-mounted sign shall be permitted for each city block occupied by the shopping center. Said signs shall display only the name and/or logo of the shopping center, or of a parking facility for the shopping center, and shall be in addition to the sign allowed for individual businesses by subsection (3)(d)(vii) of this section.
(1)
Sign area shall not exceed 20 square feet.
(2)
Sign height shall not exceed 12 feet, except for decorative bar-iron cresting above the sign which may extend above the 12-foot height; provided, that the bar-iron is no larger than three-quarters of an inch by one and one-half inches in cross section.
(3)
Location on a city right-of-way is prohibited.
(4)
Freestanding signs shall be mounted on bases a maximum of three feet in height and shall not exceed 12 feet in height from grade.
(5)
Separate signs attached to a freestanding sign or its supporting structure, advertising services such as, but not limited to, automobile travel clubs and credit cards, shall be prohibited.
(6)
Multiple frontage signs must have a minimum separation of one-third of the facade length from any corner of the facade.
(L)
Canopy Signs. Signs mounted under a canopy or covered walkway and designed to be viewed primarily by pedestrians shall be permitted for shopping centers if the following conditions are met:
(1)
One canopy sign for each business in the shopping center. This sign shall not count toward the maximum sign area permitted by subsection (3)(d)(vii) of this section.
(2)
Maximum sign area: three square feet.
(3)
Projection over a city right-of-way: prohibited.
(M)
Portable and Sandwich Board Signs. One portable or sandwich board sign shall be permitted per storefront upon the following conditions and shall be exempt from the provisions of Chapter 18.85 SCC and require no permit:
(1)
Such sign shall be placed immediately in front of the storefront for which it advertises;
(2)
If placed on any public pedestrian right-of-way, such sign shall be positioned with the base of the sign perpendicular to and in full contact with the storefront building face, or, where any public pedestrian right-of-way does not adjoin a designated on-street parking area, it may also be positioned perpendicular to and in full contact with the back of the curb;
(3)
Such sign shall be no larger overall than four feet in height and two feet in width and shall not restrict the width of the public pedestrian right-of-way to less than 36 inches;
(4)
Such sign shall have no illumination of any kind and may be displayed only during the time when the business is open to the public.
(viii)
Exemptions from Historic District Sign Regulations. The following types of signs are exempted from all the provisions of this chapter, except for construction and safety regulations and the following requirements:
(A)
Public Signs. Signs of a noncommercial nature and in the public interest, erected by or on the order of a public officer in the performance of his public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest, etc.
(B)
Institutional Signs. Signs setting forth the name or any simple announcement for any public, charitable, educational, or religious institution, located entirely within the premises of that institution, up to an area of 24 square feet. Such signs may be illuminated in accordance with the regulations shown above. If building-mounted, these signs shall be flat wall signs and shall not project above the roof line. If ground-mounted, the top shall be not more than eight feet above ground level.
(C)
Integral Signs. Names of buildings, dates of erection, monumental citations, commemorative tablets, etc., when carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent construction and made an integral part of the structure.
(D)
Private Traffic Movement Signs. Signs directing movement onto a premises or within a premises, not exceeding three square feet in area for each sign. Illumination of these signs shall be permitted in accordance with the regulations above.
(E)
Menu Signs. Menus affixed directly to the inside of a door or window, or an exterior glass-fronted display case not exceeding four square feet in area and not protruding more than four inches from the surface on which it is mounted, stationary, and attached flat against a building, fence, or wall, in which is posted menu(s) for a restaurant.
(F)
Rental or Sales Signs. Signs on a premises announcing rooms for rent, table board, apartment or house for rent, and not exceeding four square feet in area.
(G)
Vehicle Signs. Signs on trucks, buses, trailers, or other vehicles, while such vehicles are in use in the normal course of business. This subsection is not to be interpreted to permit the parking, for display purposes, of any vehicle or trailer, to which signs or portable signs are attached, in a district or on a lot of land where such signs are not permitted.
(H)
Signs located more than four feet behind the plane of a storefront window.
(I)
Governmental flags, or the flags of any nonprofit organization headquartered in the city of Staunton. The height of a flagpole shall not exceed 25 feet in the residential districts; and for all other zoning districts the height of a flagpole shall not exceed the maximum building height allowed for the zoning district in which it is located. The maximum size of a flag shall not exceed 45 square feet when attached to a flagpole with a height of 35 feet or less, and shall not exceed 65 feet when attached to a flagpole with a height greater than 35 feet. All flags shall be maintained in good condition so as to present a neat and orderly appearance. The zoning administrator may give written notice to remove or replace, within 48 hours, any flag that becomes faded or tattered. Failure to comply will be considered a violation of this chapter.
(J)
Temporary Signs. Temporary signs shall be nonilluminated and limited to the following types:
(1)
Construction signs, which identify the architects, engineers, contractors, and other individuals or firms involved with the construction. Such signs shall be removed upon issuance of a certificate of occupancy. The maximum area of such signs shall be 32 square feet, and no more than one sign shall be permitted for each street frontage.
(2)
Real estate signs, advertising the sale, rental, or lease of the premises or part of the premises on which the signs are displayed. The maximum sign area shall be eight square feet in residential districts, and 30 square feet in nonresidential districts.
(3)
Political campaign signs announcing the candidates seeking public political office and other information pertinent thereto. These signs shall be removed within seven days after the occurrence of the event to which they pertain.
(4)
Signs advertising only the name, time, and place of any bona fide fair, festival, bazaar, horse show, or similar event, when conducted by a public agency or for the benefit of any civic, fraternal, religious, or charitable cause; provided, that all such signs shall be removed within 24 hours after the last day of the event to which they pertain. The maximum sign area shall be 32 square feet.
(5)
Building-mounted grand opening signs not exceeding 30 square feet shall be permitted; provided, that such sign or signs shall not be displayed for more than 30 days. A sign permit shall be required.
(6)
Seasonal or holiday decorations except that seasonal banners not exceeding 10 square feet in area shall be allowed. Such banners shall not display the name of a business or shopping center, nor the words "open," "sale," "vacancy," or other similar words or phrases related to the business activity on the premises. These decorations shall be removed within seven days after the holiday or seasonal event.
(7)
Change of business name banners/hoods/covers over existing building-mounted and freestanding signs shall be allowed, while new signs are being manufactured; provided, that such sign or signs shall not be displayed for more than eight weeks and shall not exceed the permitted sign area for that site.
(8)
Special Exhibition Signs. A building used primarily as a museum or art gallery shall be permitted to erect a building-mounted banner announcing special exhibitions, special shows, or special displays in process within the building if a sign permit is obtained and the following conditions are met:
(a)
Number of Banners Permitted. One building-mounted banner for each building used primarily as a museum or art gallery; provided, that the banner shall be placed on the building no earlier than three days before and removed within 24 hours after the last day of the exhibition to which it pertains. Limit for 30 days without a new permit.
(b)
Maximum Banner Area. Fifteen square feet for a building with a setback of less than 100 feet, and 200 square feet for a building with a setback of 100 feet or more. Setback shall be measured perpendicular from the property line at the street to the center of the banner.
(ix)
Prohibited Signs in Business District.
(A)
Signs that contain or are imitations of "warning," or similar words, and that are so located as to be visible and similar to official traffic signs or signals or contain the words "stop," "go slow," "caution," "danger," applicable to operators of motor vehicles on a public street.
(B)
Signs that are of a size, location, movement, content, coloring, or manner of illumination that may be confused with or construed as traffic control devices or that hide from view any traffic or street sign or signal.
(C)
Signs that visually interfere with traffic.
(D)
Flashing or animated signs.
(E)
Signs that advertise any activity, business, product, or service no longer conducted on the premises upon which such sign is located.
(F)
Signs that move in any manner or have a moving part.
(G)
Signs that contain or consist of banners (except under subsection (3)(d)(viii)(J), Temporary Signs, of this section), posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similarly moving devices and festoons. These devices, when not part of any sign, are similarly prohibited, unless they are permitted specifically by other legislation.
(H)
Any sign, except official notices and advertisements, which is nailed, tacked, posted, or in any other manner attached to any utility pole or structure or supporting wire, cable, or pipe, or to any tree on any street or sidewalk or to public property of any description.
(I)
Separate signs attached to a freestanding sign or its supporting structure, advertising services such as, but not limited to, automobile travel clubs and credit cards.
(J)
Any sign that is attached to or mounted on a roof or projects above the plane of the building facade. This shall include decorative roofs such as mansard roofs.
(K)
Moored balloons or other floating signs that are tethered to the ground or to a structure.
(L)
Time and temperature signs consisting of flashing or intermittent lights or an intermittent display that is indirectly illuminated.
(M)
Any permanent or temporary sign affixed to, painted on, or placed in or upon any parked vehicle, parked trailer, or other parked device capable of being towed, which is obviously and conspicuously parked so as to advertise the business to the passing motorist or pedestrian; and whose primary function is to provide additional on-site signage or is to serve the function of an outdoor advertising sign. Excluded from this subsection are: vehicles/equipment in operating condition, currently registered and licensed to operate on public streets with a valid inspection sticker, and actively used in the daily function of the business to which such signs relate; vehicles/equipment engaged in active construction projects; vehicles/equipment offered for rent to the general public and stored on-premises.
(x)
Nonconforming Signs.
(A)
Signs that do not conform to the regulations prescribed by this chapter, but that were erected in accordance with all applicable regulations in effect at the time of their erection, shall be considered to be nonconforming signs. Nonconforming signs shall not be enlarged, extended, modified, reconstructed, or structurally altered except in accordance with this chapter. Nonconforming signs shall not be repainted or refaced when these actions change the wording, composition, color, or material of the sign.
(B)
No new signage for a business shall be approved until all nonconforming freestanding and building-mounted signs pertaining to that business are removed or modified to comply with all the regulations prescribed by this chapter.
(C)
No nonconforming sign shall be moved on the same lot or building or to another lot or building unless the sign as relocated is modified to comply with all requirements of this chapter.
(D)
If a nonconforming sign is damaged to an extent greater than 50 percent of its current replacement cost, it shall not be rebuilt.
(xi)
Maintenance. All signs and components thereof shall be kept in good repair and in a safe, neat, clean, and attractive condition.
(xii)
Removal of Abandoned Signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. If the owner or lessee fails to remove such sign, the zoning administrator shall give the owner 15 days' written notice to remove it. Upon failure to comply with this notice, the zoning administrator or the administrator's duly authorized representative may remove the sign at cost to the owner. Such sign, removed by the zoning administrator, shall be stored with fees as set forth in subsection (3)(d)(iv)(F) of this section.
(xiii)
Enforcement of Chapter.
(A)
The zoning administrator is hereby authorized and directed to enforce all of the provisions of this chapter. Upon presentation of proper credentials, the zoning administrator or the administrator's duly authorized representative may enter, at reasonable times, any building, structure, or premises in the city to perform any duty imposed upon them by this chapter.
(B)
Where there is any ambiguity or dispute concerning the interpretation of this chapter, the decision of the zoning administrator shall prevail, subject to appeal as provided in subsection (3)(d)(xiv) of this section.
(xiv)
Appeals. Any person, firm, or corporation aggrieved by any decision made hereunder by the historic preservation commission or the zoning administrator may, within 30 days of the action or decision giving rise to such complaint, appeal the same in writing to the council for the city of Staunton. Such complaint shall be heard by said council within 30 days of receipt by the clerk of council. A copy of the written appeal shall also be mailed or delivered to the zoning administrator at the same time the appeal is made to city council.
(xv)
Severability. This chapter, and the various parts, sections, and clauses hereof, are hereby declared to be severable. If any part, section, or clause is adjudged invalid, the remainder shall remain in full force and effect. (Zoning ordinance Art. 5, § 8. Ord. 2009-21; Ord. 2010-04; Ord. 2017-03; Ord. 2022-27; Ord. 2024-13).
§ 18.140.050 Industrial district regulations.
In any industrial district, the following regulations shall apply:
(1)
Business signs not exceeding one square foot per one linear foot of street frontage. Such sign shall be located not closer than five feet from any property lines.
(2)
Flashing to intermittent illumination is prohibited.
(3)
Billboards and other advertising structures are prohibited. (Zoning ordinance Art. 5, § 8. Ord. 2024-13).
§ 18.140.060 Permitted signs.
In any district, the following signs shall be permitted:
(1)
For each permitted or required parking area that has a capacity of more than four cars, one nonilluminated sign, not more than two square feet in area, designating each entrance to or exit from such parking area, and one nonilluminated sign, not more than nine square feet in area, identifying or designating the conditions of use of such parking area.
(2)
One nonilluminated "for sale" or "for rent" sign not exceeding four square feet in area and advertising the sale, rental, or lease of the premises on which the sign is located. A larger sign shall be permitted for two or more lots in single ownership or for properties in excess of 100 feet in width; provided, that the area of such sign shall be increased on a graded scale of one square foot increase in the area for each additional five feet of frontage over 100 feet, but in no case shall the sign exceed in the aggregate 200 square feet. Such sign shall be a ground or wall sign and located not closer than 20 feet from the street line.
(3)
For each real estate subdivision that has been approved in accordance with the regulations of the city, one sign, not over 100 square feet in area, advertising the sale of property in such subdivision. Such sign shall be permitted only when located on some portion of the subdivision being advertised for sale and shall not encroach upon any required yard. Such sign may be illuminated, but no flashing, intermittent, or animated illumination is permitted. Such sign shall be maintained only during such time as some portion of the land is unsold. Permits for such sign shall be issued for a one-year period and may be renewed for additional one-year periods.
(4)
For construction on or development of a lot, one sign, not more than 12 feet in area, giving the names of the contractors, engineers, or architects, but only during the time that construction or development is actively underway.
(5)
Signs established by, or by order of, any governmental agency.
(6)
For special events of public interest, one sign, not over 24 feet in area and located upon the site of the event. Such sign shall not be erected more than 30 days before the event in question and shall be removed immediately after such event. Also directional signs, not more than three square feet in area showing only a directional arrow and the name of the event of public interest. Such sign shall not be erected more than 10 days before the event in question and shall be removed immediately after such event. (Zoning ordinance Art. 5, § 8).
§ 18.140.070 Unsafe and unlawful signs.
The following regulations shall apply to unsafe and unlawful signs and for the maintenance of signs located anywhere within the city of Staunton:
Whenever it shall appear to the zoning administrator that any sign has been constructed or erected or is being maintained in violation of the terms of this chapter, or is unsafe or insecure, such sign shall either be made to conform with all sign regulations as provided by this chapter or shall be removed within 10 days after written notification thereof by the zoning administrator. Such sign shall be removed at the expense of the owner or lessee thereof.
(Zoning ordinance Art. 5 § 8; Ord. 2010-04)
§ 18.140.080 Permits and fees.
Permits and fees shall be regulated by the code of the city of Staunton. (Zoning ordinance Art. 5, § 8).
§ 18.145.010 Service station regulations.
The following regulations shall apply to all gasoline service stations:
(1)
There shall be a building setback from all right-of-way lines a distance of not less than 40 feet.
(2)
Service stations shall not be constructed closer than 50 feet to any residential district.
(3)
The minimum distance between the intersection of right-of-way lines at a corner lot and the driveway to a service station shall be not less than 25 feet.
(4)
A raised curb at least six inches in height shall be constructed on all street property lines, except at driveway openings.
(5)
The length of curb openings shall not exceed 40 feet.
(6)
When two curb openings are giving access to a single street, they shall be separated by an island with a minimum dimension of 25 feet. Curb cuts for driveways shall not be located closer than 10 feet to any adjoining property lines.
(7)
To ensure that sufficient room be provided on either side of the pumps without intruding upon sidewalks or on adjoining property, gasoline pumps shall not be located closer than 50 feet from any residential district.
(8)
Gasoline pumps shall not be located closer than 15 feet to any street right-of-way line.
(9)
A solid masonry wall shall be constructed when service station property abuts property zoned for residential purposes. Such wall shall not be less than five feet in height and all required yards shall be landscaped and maintained.
(10)
Off-Street Parking. Off-street parking is as regulated in Chapter 18.125 SCC.
(11)
Signs. Signs are as regulated in Chapter 18.140 SCC.
(12)
Gasoline pump island covers are permitted to be constructed closer to the street line than the standard setback, provided no part of the cover is closer than five feet to any street right-of-way, and the following requirements are met:
(a)
The supporting members shall not be located closer than 15 feet of any street right-of-way.
(b)
The minimum height measured between finished grade and the bottom of the cover shall not be less than 12 feet, six inches.
(c)
The maximum height, measured from finished grade to the top of the cover shall not exceed 20 feet.
(d)
The gasoline pump island cover shall be constructed in accordance with the building code requirements. (Zoning ordinance Art. 5, § 9).
§ 18.150.010 Purpose.
This chapter defines home occupations and prescribes the conditions under which such occupations shall be permitted.
(Zoning ordinance Art. 5 § 10; Ord. 2018-08)
§ 18.150.020 Definition.
A "home occupation"
is a gainful occupation or profession conducted by persons residing on the premises and conducted entirely within the dwelling or its accessory buildings. In connection with a home occupation, no stock in trade shall be displayed outside, and no alteration to any building shall indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a residential unit, including the utilization of a permitted accessory building.
(Zoning ordinance Art. 5 § 10; Ord. 2018-08)
§ 18.150.030 Special requirements.
Home occupation, where permitted, must meet the following special requirements:
(1)
The applicant must be the owner of the property on which the home occupation is to be located, or must have written approval of the owner of the property if the applicant is a tenant.
(2)
The home occupation shall be operated only by the persons residing on the premises.
(3)
The home occupation, when restricted to the main building, shall not occupy more than 25 percent of the floor area within said building except in the case of in-home day care.
(4)
The home occupation shall not generate excessive traffic or produce obnoxious odors, glare, noise, vibration, electrical disturbance, radioactivity, or other conditions detrimental to the character of the surrounding area and, in general, shall give no evidence of a nonresidential character of the use.
(5)
In addition to the requirements of Chapter 18.130 SCC, all parking in connection with the home occupation, including for vehicles marked with advertising or signage for the home occupation, shall be parked solely in driveways and garages on the premises, or in available on-street parking areas.
(6)
Any home occupation resulting in customers or clients coming to the home shall be conducted by appointment only.
(Zoning ordinance Art. 5 § 10; Ord. 2018-08)
§ 18.150.040 Prohibited uses.
(1)
Teaching, including tutoring, musical instruction, or dancing, to more than three pupils at any given time. A larger number of pupils may be approved, in advance, for special events by the zoning administrator. When reviewing these special requests the zoning administrator will consider the time and day, available parking in the area, and the complaint history of the home occupation.
(2)
Funeral homes and mortuary establishments.
(3)
Animal hospitals, kennels, and breeding of any domesticated or nondomesticated animal, bird, fowl, or poultry.
(4)
Auto detailing and equipment installation where more than one vehicle being serviced is present on the property at any given time.
(5)
Beauty salon or barbershop containing more than two chairs.
(6)
Business offices, therapists, and similar business uses where more than one customer, client, or paying entity is served at one time.
(7)
Medical or dental clinic.
(8)
Outside storage of any kind related to a business.
(9)
Restaurants.
(10)
Retail or wholesale sales where any goods or merchandise are displayed or otherwise offered on site for sale or purchase except in cases where sales are done individually and by appointment only.
(11)
Schools, nursery schools, or day cares that care for more than four nonrelated children.
(12)
Stores.
(13)
The storage of explosive, flammable, or hazardous waste or materials not otherwise associated or customary to a home use.
(Zoning ordinance Art. 5 § 10; Ord. 2018-08)
§ 18.150.050 Expiration and revocation.
A zoning permit for home occupations shall expire or be revoked under the following conditions:
(1)
Whenever the applicant ceases to occupy the premises for which the home occupation permit was issued. No subsequent occupant of such premises shall engage in any home occupation until he shall have been issued a new permit after proper application.
(2)
Whenever the holder of such a permit fails to exercise the same for any period of six consecutive months.
(3)
Whenever the zoning administrator finds that the holder of the permit has violated the conditions of the permit or one or more of the special requirements identified in SCC § 18.150.030.
(Zoning ordinance Art. 5 § 10; Ord. 2018-08)
§ 18.150.060 Fee.
The fee for application for a home occupation permit shall be as provided for under "zoning permit fee" in SCC § 18.220.020.
(Zoning ordinance Art. 5 § 10; Ord. 2010-06; Ord. 2018-08)
§ 18.152.010 Purpose.
This chapter defines a "homestay" and other terms and prescribes the conditions under which such use is allowed.
(Ord. 2017-19)
§ 18.152.020 Definitions.
The following words and phrases, as used in this chapter, shall have the following meanings:
"Guest"
means a person who occupies a homestay unit.
"Homestay"
means the use of a residential dwelling unit or a portion thereof for occupancy for lodging purposes in exchange for charge for occupancy. The duration of any period of occupancy may not exceed 30 days; however, there shall be no limit to the frequency in which rentals to occupants may occur.
"Operator"
means the proprietor of a homestay, whether in the capacity of the owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity.
(Ord. 2017-19)
§ 18.152.030 General requirements.
Any operator utilizing a dwelling as a homestay shall be in violation unless the operator complies with the following requirements:
(1)
Shall only be rented on a daily or weekly basis. The duration of any period of occupancy may not exceed 30 days; however, there shall be no limit to the frequency in which rentals to occupants may occur.
(2)
No meals shall be prepared for or served to guests, and the guest for which the property is authorized for use shall be at least 18 years of age.
(3)
The homestay shall accommodate no more than two adult guests per bedroom.
(4)
No signs, advertising, or any other display on the property indicating the use as homestay shall be allowed.
(5)
At the request of the city of Staunton zoning administrator, operators shall grant the authority to enter the subject property, upon reasonable notice, at least one time during the calendar year to verify compliance at that time with the provisions of this section.
(6)
A homestay shall be exempt from providing additional off-street parking required under the provisions of Chapter 18.125 SCC.
(7)
Notwithstanding compliance with the provisions of this chapter, an operator shall comply with all other provisions of the Staunton City Code and other applicable law, including but not limited to the provisions of Chapter 3.37 SCC.
(Ord. 2017-19)
§ 18.153.010 Purpose.
This chapter authorizes the keeping in the city of Staunton of what are commonly referred to as backyard hens and prescribes the conditions for the keeping of such chickens within an urban residential environment. It also seeks to protect the residential integrity of the surrounding neighborhood and health and safety of the chickens and other poultry, including the poultry that is a vital part of the agribusiness economy of the Shenandoah Valley of Virginia.
(Ord. 2015-08)
§ 18.153.020 Definitions.
The following words and phrases, as used in this chapter, shall have the following meanings:
"Biosecurity measures"
means actions, measures and conditions that promote sanitation and the prevention of disease related to the keeping and maintaining and handling of a chicken or chickens, including: the provision and periodic replacement of dry and clean litter for chicken litter; the disposal of chicken litter only in accordance with the provisions of this chapter and other applicable law and otherwise away from any place where chickens or other poultry and wild birds would have access; the provision and maintenance of clean coops and pens and related equipment, with regular, periodic complete cleaning and disinfection; the washing and disinfection of footwear and equipment that may enter pens and coops; and the washing and disinfection of hands and the change of clothing after any contact with a sick or diseased chicken, other poultry, animal or wildlife prior to contact with other chickens.
"Chicken"
means adult female domestic chicken kept pursuant to the provisions of this chapter.
"Chicken litter"
means any resulting mixture or combination of chicken excreta, manure, feed, feathers and material from the bedding for chickens.
"Coop"
means the structure within a pen that houses chickens and is built and maintained with materials as impenetrable barriers so as to keep chickens confined and secure from other animals, providing space of not less than three square feet per chicken.
"Litter"
means shavings and other materials to be used or used as chicken bedding.
"Pen"
means an area of property enclosed at all times and on all sides, including the top, with a strong fence of mesh wire and other reliable materials as an impenetrable barrier so as to keep all chickens confined and secure from other animals, having space of not less than eight square feet per chicken.
"Processing of chicken"
means slaughtering, cutting, boning, canning, salting, stuffing, or rendering a chicken that was or is kept or maintained on property pursuant to the provisions of this chapter.
"Property"
means an area of land, including any buildings and structures located thereon, in the city of Staunton, Virginia, and owned legally or equitably by a person, regardless of ownership titling of interests, or used under a lease or otherwise by a person(s) for the keeping of chickens.
"Rooster"
means an adult male domestic chicken.
"Sanitary conditions"
mean conditions at all times of keeping or maintaining or handling of a chicken or chickens and related activities on property in accordance with biosecurity measures and other sanitary-related provisions of this chapter.
"Slaughter"
means the act of killing a chicken or chickens.
(Ord. 2015-08)
§ 18.153.030 General standards.
Any person keeping chickens on property shall be permitted to use the property to do so as an accessory use to a single-family, two-family, or multifamily dwelling upon the following conditions:
(1)
No more than six chickens shall be allowed per property, regardless of the number of dwellings or the ownership interests or use arrangements, with or without consent.
(2)
Roosters are prohibited.
(3)
Chickens shall not be allowed to roam free and they shall be kept in a pen or coop at all times.
(4)
All coops and pens shall be deemed accessory structures and shall comply with the rear yard setback requirement of being not less than 10 feet from the property line at all times.
(5)
All coops and pens shall be located in the rear yard only.
(6)
All coops and pens must be kept in a sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors.
(7)
Offensive odors from chickens, manure, or other chicken-related substances shall not be detectable at any time at the property boundaries.
(8)
Biosecurity measures as to the pen, coop and chickens and the property shall be maintained at all times, in addition to compliance with all of the provisions and requirements of the SCC and Virginia Code and regulation directives regarding care, shelter, sanitation, health, disease, insect and rodent control and as to cruelty, neglect, noise, reasonable control and other such requirements pertaining to, but not limited to, the adequate care and control of animals in the city.
(9)
Absent confinement and security and biosecurity measures being maintained at all times in accordance with the provisions of this chapter, one or more chickens may be removed by an animal control officer.
(10)
All feed or other material intended for consumption by a chicken shall be placed and maintained in containers impenetrable by mice, rats, rodents, or other animals, and such container shall be equipped and maintained at all times with tightly fitting caps or lids. The presence of mice, rats, rodents, or other animals on the property in or near an area used for the keeping of chickens shall be proof, without more, that such area is maintained in violation of this chapter.
(11)
If any chicken litter or waste is disposed of by use of the city refuse system, it must be double plastic-bagged, with at least 1.5 mil rating, and securely closed and deposited in a city approved receptacle. In addition, any chicken(s) being disposed of shall also be so bagged and securely closed and deposited in a city approved receptacle.
(12)
Storage or disposal of litter, waste, and chickens on public land or in or near a sewage or stormwater collection system, facility or stream or pond, water detention facility, or water garden of any kind is strictly prohibited.
(13)
There shall be no slaughtering or processing of chicken outdoors.
(14)
The sale of chicken eggs on or from the property is prohibited. Off-site sale of chicken eggs shall only be by a home occupation permit issued by the city as provided in Chapter 18.150 SCC.
(15)
A chicken may be considered a nuisance animal and shall be subject to the provisions of SCC § 6.10.240, Nuisance animals.
(Ord. 2015-08)
§ 18.153.040 Administration.
The following pertains to the permit process for keeping chickens and, when necessary, the revocation of such permit:
(1)
It shall be unlawful for any persons to keep one or more chickens on property unless the person has been issued a permit for such by the zoning administrator. The application, which the zoning administrator is authorized to promulgate, must, at a minimum, identify the property by address and parcel ID; include a sketch showing the area where the chickens will be housed and all types and sizes of enclosures in which the chickens will be kept; and show all property dimensions and setbacks. Once a one-time zoning permit fee has been paid as provided in SCC § 18.153.060 and the site and enclosures have been inspected and approved by the city's zoning administrator, and the application approved, a permit may be issued. No permit shall be issued to any person or as to any property as to which taxes, fees or other charges owed to the city have not been paid and are in arrears.
(2)
The permit applicant must be the owner of the property or must have and submit written consent of the owner of the property as part of the permit application to keep chickens on the property. Upon written notice of the property owner's withdrawal or cancellation or termination of such approval, the permit shall be revoked by the zoning administrator.
(3)
If the permit holder is convicted of any city or state code violation associated with the keeping of chickens, the permit shall be revoked.
(4)
In the event of the zoning administrator receiving and verifying three substantial and credible complaints of violation of any provision of this chapter and after notice given of such to the permit holder, the permit shall be revoked.
(5)
Upon revocation of the permit, chickens must be removed within 30 days or be subject to removal. Any person(s) so having a permit revoked shall not be allowed, at any time, to make application for another permit for five years.
(6)
Upon a finding by the zoning administrator that there is warning or equivalent notice or advisory or guidance issued by federal or state authorities regarding a present or forecasted substantial threat of the potential transmission or spread of avian influenza or other poultry disease, no further permits shall be issued until such time that, by similar notice or advisory or guidance, the threat has been recognized by federal or state authorities as having been eliminated.
(Ord. 2015-08)
§ 18.153.050 Existing use at the time of enactment.
Notwithstanding the foregoing provisions of this chapter, a person whose use of property involves chickens being kept at the time of enactment of the provisions of this chapter shall have a period of 60 days from such date of enactment to comply with the requirements of this chapter.
(Ord. 2015-08)
§ 18.153.060 Fee.
The one-time fee for application for a permit to keep chickens shall be as provided under SCC § 18.220.020 (zoning permit fee). If the use is discontinued by the applicant for a period of more than two years, a new permit process, as provided in SCC § 18.153.040, and a new permit fee will be required.
(Ord. 2015-08)
§ 18.154.010 Purpose.
This chapter authorizes the creation, organization, maintenance, and caretaking in the city of Staunton of vegetable gardens which are owned or leased by nonprofit, charitable organizations and commonly referred to as a "community garden," and prescribes the conditions for such community garden within an urban environment. It also seeks to protect the integrity of the surrounding neighborhoods as well as the health and safety of individuals utilizing or volunteering for a community garden as a vital part of the agribusiness economy of the Shenandoah Valley of Virginia.
(Ord. 2023-01)
§ 18.154.020 Definitions.
The following words and phrases, as used in this chapter, shall have the following meanings:
"Community garden"
means a garden organized, created and maintained for the primary purpose of growing vegetables and ornamental plants on property owned or leased by a nonprofit organization recognized by the Internal Revenue Service as being exempt from taxation pursuant to IRC 501(c)(3), both for the purpose of providing a food source for a neighborhood and promoting horticultural and nutritional instruction to individuals.
"Instruction"
means presentation of educational materials to people of all ages through oral or visual or mix-media means or devices for the purposes of inculcating information to and education of individuals about the importance of balanced nutrition and the contribution of raising vegetables to assist in achieving a goal of balanced nutrition.
"Nonprofit organization"
means any nonprofit entity recognized by the Internal Revenue Service as being organized for charitable or educational purposes pursuant to IRC 501(c)(3).
"Property"
means lot or group of lots, including buildings and structures located thereon, in the city of Staunton, Virginia, and owned legally or equitably by a nonprofit organization, regardless of ownership titling or interest, or used under a lease or otherwise by an organization for creating and maintaining a community garden.
"Sales"
shall mean the transfer of vegetables and ornamental plants produced on the site of the community garden in exchange for good and valuable consideration during limited hours as provided in this chapter.
(Ord. 2023-01)
§ 18.154.030 General standards.
Any nonprofit organization organizing, creating and maintaining a community garden shall be permitted to use the property as a permitted principal use in all zoning districts excluding R-1 and R-2, low density residential districts. However, any such community garden shall be maintained pursuant to the following conditions:
(1)
Off-street parking is required at the rate of one space for every 1,200 square feet of cultivated area on the community garden property. An exception to the sealed surface requirement may be granted by the zoning administrator under the provisions of SCC § 18.125.020(5)(a).
(2)
Any activity within the community garden on the property shall be limited to the time between dawn and dusk.
(3)
Retail sales on the community garden property shall be limited to only products, including, but not limited to, vegetables and ornamental plants, grown on the site of the community garden. Retail sales shall be limited to the hours of 9:00 a.m. to 6:00 p.m. On property zoned R-3, R-4, and P-1, retail sales shall be limited to one time per week.
(4)
Structures on the property shall not exceed 256 square feet and shall be considered accessory structures with a maximum height of 15 feet and must meet a minimum front setback of 15 feet and a minimum side or rear setback of five feet measured from their respective property lines.
(5)
Fencing around the community garden shall be governed by the general zoning limitations for the zoning district in which the community garden is located. Notwithstanding the foregoing, within residential zoning districts, temporary, seasonal wire fences may be erected not to exceed six feet in height to discourage and deter deer and other animals from consuming the vegetables and ornamental plants grown in the community garden. The temporary fencing shall be subject to the sight distance requirements in SCC § 18.120.010(2).
(6)
Signage on the property shall be limited to one identification sign with a height no greater than five feet and a square footage no greater than 12 square feet. Signage must be located on the same property on which the community garden is located. Such sign must be located at least five feet from all property lines. The sign shall be subject to the sight distance requirements in SCC § 18.120.010(2).
(7)
Lighting on the property shall be limited to motion sensor lights only and all light must be contained within the property having no more than one-half footcandle at the property line. No continuous or all-night lighting shall be allowed.
(8)
Waste collection facilities shall be provided on the property. All waste collection facilities and compost facilities shall be screened from adjoining properties by a fence or landscaping to the satisfaction of the zoning administrator.
(9)
No livestock, poultry, or other animals are to be raised or kept on the community garden property.
The community garden shall be maintained in such a manner as to prevent overgrowth of plantings and other vegetation.
(Ord. 2023-01)
§ 18.155.010 Purpose.
The regulations contained in this chapter are necessary to govern the operation of certain transitory or seasonal uses, nonpermanent in nature. (Zoning ordinance Art. 5, § 11).
§ 18.155.020 Application – Requirements.
Application for a temporary use permit shall be made to the building inspector and shall contain the following information:
(1)
A survey or legal description of the property to be used, rented, or leased for a temporary use, including all information necessary to accurately portray the property.
(2)
A description of the proposed use.
(3)
Sufficient information to determine the yard requirements, setbacks, sanitary facilities, and availability of parking space to serve the proposed use. (Zoning ordinance Art. 5, § 11).
§ 18.155.030 Temporary uses.
The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits which follow and to the regulations of any district in which such use is located:
(1)
Carnival or Circus. In any nonresidential district, a temporary use permit may be issued for a carnival or circus, but such permit shall be issued for a period not longer than 15 days. Such use shall set back from all residential districts a distance of 100 feet or more.
(2)
Christmas Tree Sale. In any district, a temporary use permit may be issued for the display and open-lot sales of Christmas trees, but such permit shall be issued for a period not longer than 30 days.
(3)
Temporary Buildings. In any district, a temporary use permit may be issued for a contractor's temporary office and equipment sheds incidental to a construction project. Such office or shed shall not contain sleeping or cooking accommodations. Such permit shall be valid for not more than one year but may be renewed a maximum of two one-year extensions. However, such office or shed shall be removed upon completion of the construction project or upon expiration of the temporary use permit, whichever occurs sooner.
(4)
Real Estate Sales Office. In any district, a temporary use permit may be issued for a temporary real estate sales office in any new subdivision which has been approved in accordance with the regulations of Staunton. Such office shall contain no sleeping or cooking accommodations. Such permit shall be valid for not more than one year, but may be renewed a maximum of three one-year extensions. Such office shall be removed or converted to a conforming use upon completion of the development of the subdivision or upon expiration of the temporary use permit, whichever occurs sooner.
(5)
Temporary Trailer or Recreational Vehicle Parking. In any district, a temporary use permit may be issued to a landowner (or the owner of the proprietary use in property) to permit the parking and occupation of trailers or recreational vehicles during the time of July 1st through and including July 7th of each calendar year. Such temporary use permit shall be at the sole and absolute discretion of the city manager of the city of Staunton, who shall take into account the location and size of the site proposed, traffic consideration, provisions for water and sewerage disposal, the proximity of the site to residences, complaints received from past usage and any other matters deemed pertinent by the city manager and he shall take into account the wishes and concerns of neighbors and adjoining property owners. The city manager shall ascertain that all local, state, and federal fire, safety and health ordinances, statutes and regulations are complied with and met. The permit shall state the number of such trailers or vehicles permitted on the site and any other conditions imposed upon the issuance of the permit. The landowner (or the owner of the proprietary use of the property) shall be responsible for compliance with the terms of the permit so issued. Applications hereunder must be made by June 15th of the calendar year of the request to the building official for the city of Staunton. (Zoning ordinance Art. 5, § 11).
§ 18.156.010 Purpose.
This chapter authorizes the use in the city of Staunton of what is commonly referred to as hobbyist beekeeping and prescribes the conditions for the keeping of such honeybee colonies (hives) within an urban residential environment. It also seeks to protect the residential integrity of the surrounding neighborhood and health and safety of the honeybee which is a vital part of the agribusiness economy of the Shenandoah Valley of Virginia. The promotion of the agribusiness economy of Virginia's Shenandoah Valley is a public purpose that fosters economic development and environmental stewardship.
(Ord. 2025-23)
§ 18.156.020 Definitions.
The following words and phrases, as used in this chapter, shall have the following meanings:
"Adequate water source"
means a supply of water provided by the apiary operator for bees, which meets the following criteria:
(a)
It is located within 15 feet of any beehive.
(b)
It is maintained in a way that provides a consistent and reliable supply of water that is usable and accessible for bees, sufficient to meet the colony's needs and to discourage bees from seeking water from unintended or nuisance locations. The beekeeper shall ensure the source does not run dry, especially during periods of peak demand such as during periods of time in which the temperature exceeds 75 degrees Fahrenheit.
(c)
It is managed so as not to become a breeding ground for mosquitoes.
"Apiary"
means any place where one or more colonies of bees are kept.
"Bee"
means the honeybee, Apis mellifera and genetic variations thereof, at any living stage; and may include other hymenopterous insects that depend on pollen and nectar for food.
"Colony"
means a queenright assemblage of social bees capable of reproducing.
"Dense vegetation"
means a continuous, hedge-like barrier comprised of evergreen shrubs or other plants that are planted and maintained so as to form a solid, uninterrupted screen year round.
"Hive"
means a box, skep, barrel, log gum, or other container used as a domicile for bees.
"Person"
means the term as defined in § 1-230 of the Code of Virginia. The term also means any society or collective of persons dedicated to beekeeping.
(Ord. 2025-23)
§ 18.156.030 General standards.
Beekeeping shall be permitted as an accessory use to a single-family or two-family dwelling on property zoned residential or professional, provided any person keeping bees thereon adheres to the following conditions:
(1)
Location of Hives.
(a)
All hives shall be located in the rear yard only.
(b)
All hives shall be located not less than 15 feet from the rear and side line.
(c)
All hives that are less than 40 feet from a property line must have no entrances below six feet, or must be placed behind a fly zone barrier. The fly zone barrier shall be at least six feet in height and located within 10 feet of the hive entrance, extending at least five feet on either side of the hive. Barriers shall consist of solid wall, fence, or dense vegetation.
(2)
Area Requirements and Number of Colonies. The number of colonies permitted on a property shall be limited based on the size of the lot or parcel as follows:
(a)
For lots 7,500 square feet or smaller, no colonies shall be permitted.
(b)
For lots larger than 7,500 square feet but smaller than 10,000 square feet, no more than two colonies shall be permitted.
(c)
For lots 10,000 square feet or larger but smaller than 15,000 square feet no more than four colonies shall be permitted.
(d)
For lots 15,000 square feet or larger, one additional colony shall be permitted for each additional 5,000 square feet.
(e)
Temporary Increase. For the purpose of queen mating or swarm control, the number of colonies permitted in subsections (2)(a) through (2)(d) of this section may be temporarily increased for a period not to exceed 60 consecutive days.
(3)
An adequate water source must be provided within 15 feet of any beehive. An adequate water source shall consist of an accessible and usable supply of water for the bees maintained so as not to harbor mosquitoes.
(4)
The property owner shall conspicuously post a sign warning individuals of the presence of bees. This sign shall be located near the apiary and positioned so it is clearly visible to any person approaching the area where the hives are located.
(5)
Bees must be acquired and beehives constructed and maintained in accordance with Title 3.2, Chapter 44 of the Code of Virginia, as amended, as determined by the state apiarist.
(Ord. 2025-23)
§ 18.156.040 Administration.
The following pertains to the permit process for keeping bees and, when necessary, the revocation of such permit:
(1)
It shall be unlawful for any persons to keep one or more beehives on property unless the person has been issued a permit for such by the zoning administrator. The application, which the zoning administrator is authorized to promulgate, must, at a minimum, identify the property by address and parcel ID; include a sketch showing the apiary location; and show all property dimensions, setbacks and fly zone barrier, if required. Once a one-time zoning permit fee has been paid as provided in SCC § 18.156.060 and the site and enclosures have been inspected and approved by the city's zoning administrator, and the application approved, a permit may be issued. No permit shall be issued to any person or as to any property as to which taxes, fees or other charges owed to the city have not been paid and are in arrears.
(2)
The permit applicant must be the owner of the property or must have and submit written consent of the owner of the property as part of the permit application to keep bees on the property. Upon written notice of the property owner's withdrawal or cancellation or termination of such approval, the permit shall be revoked by the zoning administrator.
(3)
If the permit holder is convicted of any city or state code violation associated with the keeping of bees, the permit shall be revoked.
(4)
In the event of the zoning administrator receiving and verifying three substantial and credible complaints of violation of any provision of this chapter and after notice given of such to the permit holder, the permit shall be revoked unless the permit holder, by a preponderance of the evidence, demonstrates good cause for a violation. The zoning administrator shall be permitted to collect evidence from any individual to make a determination of whether good cause has been demonstrated.
(5)
Upon revocation of the permit, bees must be removed within 30 days of notification or be subject to removal. Any person(s) so having a permit revoked shall not be allowed, at any time, to make application for another residential apiary permit for five years.
(Ord. 2025-23)
§ 18.156.050 Existing use at the time of enactment.
Notwithstanding the foregoing provisions of this chapter, a person whose use of property involves bees being kept at the time of enactment of the provisions of this chapter shall have a period of 60 days from such date of enactment to comply with the requirements of this chapter.
(Ord. 2025-23)
§ 18.156.060 Fee.
The one-time fee for application for a permit to beekeeping shall be as provided under SCC § 18.220.020 (zoning permit fee). If the use is discontinued by the applicant for a period of more than two years, a new permit process, as provided in SCC § 18.156.040, and a new permit fee will be required.
(Ord. 2025-23)
§ 18.160.010 Uses.
No tent shall be used, erected, or maintained as living quarters. Overnight camping tents are permitted on public lands established for camping purposes, and in private camps permitted in districts of this title. (Zoning ordinance Art. 5, § 12).
§ 18.165.010 Residential districts – Public right-of-way.
Lighting of all types shall be directed so as to reflect away from all residential districts, and shall be situated so as not to reflect directly onto any public right-of-way. (Zoning ordinance Art. 5, § 13).
§ 18.169.010 Purpose and intent.
These site plan regulations are intended to facilitate the utilization of the most advantageous techniques in the development of land in the city. These regulations are also designed to promote high standards and innovations in the layout, design and landscaping of new and existing developments to ensure that land is used in a manner which is efficient and harmonious with the community and the environment.
(Ord. 2020-03)
§ 18.169.020 Definitions.
For the purpose of this chapter, the following definitions apply:
(1)
"Site plan"
means a detailed engineering drawing of proposed improvements to a given lot. A site plan usually displays a building footprint, travel ways,7 parking, grading, drainage facilities, sanitary sewer and water lines, trails, lighting, and landscaping.
(Ord. 2020-03)
§ 18.169.030 Requirements and applicability.
(1)
All nonresidential and multiple-family development (multifamily buildings) shall be subject to the site plan review requirements of this chapter.
(2)
Any development that requires an erosion and sediment control plan, a stormwater plan, a traffic impact analysis, or a connection to or an extension of public utilities shall be subject to the site plan review requirements of this chapter.
(Ord. 2020-03)
§ 18.169.040 Procedure and administration.
A site plan is required to be submitted by the owner, authorized agent, or the developer of the particular property involved, to the zoning administrator, who shall be responsible for the receipt and processing of such applications and shall have the authority to approve or disapprove such plans. The zoning administrator is hereby designated as the agent of the city for such purposes. If the zoning administrator does not approve the plan, then the applicant shall be promptly notified of the reasons why the plan was disapproved and, if necessary, of any suggestions as to corrections.
(Ord. 2020-03)
§ 18.169.050 Plan contents.
The site plan shall provide the following information, at a minimum, unless expressly waived in writing by the zoning administrator due to the scope and scale of the project:
(1)
Title and description of the project; names and contact information of the engineer, architect, landscape architect and surveyor, if any; names of the developer and property owner; and a signature panel for the zoning administrator's agent's approval;
(2)
The boundaries, by bearings and distance utilizing the city datum, of the property involved, the acreage, all existing property lines, setback lines, buildings, structures, watercourses, topography, adjacent property lines, easements with deed or instrument source references, waterways or lakes and other existing physical features in or adjoining the project, including flood hazard areas as provided in Chapter 18.170 SCC, Floodplain Districts and Regulations;
(3)
The owners with instrument number or deed book and page number, present zoning, parcel identification numbers, and current use of the property involved and adjoining properties;
(4)
Approved proffers, special use permit conditions, waivers, or granted variance on the property involved;
(5)
Building lot coverage, building usage, dimensions, square footage, height, number of floors and finished floor elevation; location of accessory structures;
(6)
Open space for multiple-family structures as provided in SCC § 18.30.050;
(7)
Physical features such as watercourses, waterways, or lakes on adjoining properties shown only in approximate scale and proportion;
(8)
The location, dimensions, construction type, and names of existing and proposed streets, alleys, sidewalks, curbs and gutters, and all curb cuts;
(9)
The location and size of existing and proposed sanitary sewers; water, gas, telephone, electric and other utility lines (if known); culverts and other underground or overhead structures in or affecting the project, including existing and proposed facilities and easements for these facilities;
(10)
All parking, travel lanes, driveways, loading spaces, walkways and outdoor lighting systems, including luminary size, indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required by the provisions of Chapter 18.125 SCC, Minimum Off-Street Parking Requirements;
(11)
Existing and proposed stormwater management facilities and erosion and sediment control measures, indicating location, size, type and grade of ditches, catch basins, and pipes, including on-site water retention and related requirements of Chapter 13.01 SCC;
(12)
The location of existing and proposed fire hydrants and fire lines; verification of adequacy of fire flow when required by the fire chief; location of fire department connections and valves; fire lanes with access widths and heights for fire apparatus;
(13)
Location of all existing and proposed advertisement (if known) and traffic signs and traffic markings as provided in Chapter 18.140 SCC, Signs, Billboards, and Other Advertising Structures;
(14)
Additional information as deemed necessary by the zoning administrator to ensure compliance with federal, state, or local code requirements or to clarify requirements herein.
(Ord. 2020-03; Ord. 2025-06)
§ 18.169.060 Standards.
(1)
Plans involving engineering, architecture, landscape architecture or land surveying shall be certified by an engineer, architect, land surveyor or landscape architect licensed to practice in accordance with Chapter 4 of Title 54.1 of the Code of Virginia, Professions and Occupations, as amended.
(2)
Plans shall be prepared to an engineer's scale at not greater than one inch equals 30 feet on a sheet size of 24 inches by 36 inches. In response to the scope and scale of the project, the zoning administrator may authorize a smaller sheet size in advance of plan submission, if requested by the applicant. Seven copies of the site plan shall be submitted, along with a digital file (portable document format) for each submittal.
(3)
All plan sheets shall include a north arrow, scale, and date. Plans shall include a title sheet with a general information section indicating the number of sheets comprising the site plan, a vicinity map, an index showing the locations of the various sheets and a three-inch by four-inch signature block reserved for the use of the city.
(4)
Existing topography with a maximum contour interval of two feet; proposed final grade with contours at an interval not greater than two feet.
(5)
Landscaping and screening as provided in Chapter 18.175 SCC.
(6)
Outdoor lighting as provided in Chapter 18.165 SCC.
(7)
If the site is within the entrance corridor overlay district, then architectural elevations in color, building and site materials, outdoor lighting, and screening of refuse and recycling containers shall be provided in accordance with Chapter 18.83 SCC, Entrance Corridor Overlay District.
(8)
Information necessary to demonstrate that all construction or development will fully comply with applicable federal, state, and local requirements for accessibility, i.e., grades, elevation, dimensions, etc.
(Ord. 2020-03)
§ 18.169.070 Exceptions and waivers.
(1)
New construction involving an individual single-family dwelling on an individual lot, townhouses, and temporary uses are exempted from the site plan requirements. Any such waiver shall be expressly in writing.
(2)
If the site is located within the enterprise zone or opportunity zone, and the zoning administrator finds that extraordinary hardship or practical difficulty may result from strict compliance with the regulations herein, and where the purpose of this chapter or either zone may be served to greater extent by an alternative proposal, a waiver(s) may be granted. Waivers shall not be granted where compliance with the applicable standards is practical and achievable or where such waiver would jeopardize the public health, welfare or safety.
(Ord. 2020-03)
§ 18.169.080 Approval period and revisions.
(1)
A site plan shall be approved, approved with conditions or a written explanation of deficiencies shall be sent to the applicant within 30 days after receiving a completed application, unless there is written mutual consent between the applicant and the zoning administrator for an extended review time.
(2)
Once approved, a total of three copies of the final site plan shall be provided to the zoning administrator for a signature. Digital CAD file of approved plans shall also be provided.
(3)
The zoning administrator shall act on any site plan that has been previously reviewed within 30 days after the modified, corrected, and resubmitted site plan has been officially submitted for approval unless there is written mutual consent between the applicant and the zoning administrator for an extended review time.
(4)
Approval of a site plan shall be valid for a period of five years starting the day following the date of approval, unless a building permit has been issued for construction; or, if a building permit has been issued and construction has not commenced, provided that upon the expiration of the building permit, the site plan approval also expires.
(5)
When a site is being developed in phases, a development phasing plan shall be submitted if the proposed project is to be constructed in two or more phases. The site plan shall remain valid so long as construction work does not stop for more than two years after the issuance of an occupancy permit.
(6)
No change, revision, addition or deletion shall be made on any site plan or on any accompanying data sheet where approval has been endorsed on the plan or sheet unless authorization for such change is granted in writing by the zoning administrator.
(Ord. 2020-03)
§ 18.169.090 Plans required prior to issuance of building permit.
Building construction plans may be submitted for review prior to the approval of a site plan; however, a building permit will not be issued until the site plan has been approved by the zoning administrator.
(Ord. 2020-03)
§ 18.169.100 Occupancy permit.
An occupancy permit shall not be issued for such development until all aspects of the approved site plan required hereunder have been completed. When a site is being developed in phases, all aspects noted in the phasing plan for the specific phase shall be completed before the issuance of an occupancy permit. Notwithstanding the foregoing, however, a temporary occupancy permit with respect to the development may be issued by the building official, if, in the opinion of the zoning administrator, the landscaping and/or screening has been delayed for reasons beyond the control of the developer, such as weather and other causes.
(Ord. 2020-03)
§ 18.170.010 General provisions.
(1)
Statutory Authorization and Purpose. These provisions are adopted pursuant to the authority granted to localities by Section 15.2-2280 of the Code of Virginia for the purpose of preventing the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(a)
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies.
(b)
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
(c)
Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
(d)
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
(2)
Applicability. These provisions shall apply to all lands within the jurisdiction of the city of Staunton and identified as being flood prone.
(3)
Compliance and Liability.
(a)
No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this title.
(b)
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that districts outside the floodplain district, or that land uses permitted within such district, will be free from flooding or flood damages.
(c)
Records of actions associated with administering these provisions shall be kept on file and maintained by the floodplain administrator.
(d)
This chapter shall not create liability on the part of the city of Staunton or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(4)
Abrogation and Greater Restrictions. The ordinance codified in this chapter supersedes any ordinance currently in effect in flood-prone areas. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter.
(Zoning ordinance Art. 5 § 14; Ord. 2009-26)
§ 18.170.020 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions. The remaining portions shall remain in full force and effect, and for this purpose, the provisions of this chapter are hereby declared to be severable.
(Ord. 2009-26)
§ 18.170.030 Penalty for violations.
(1)
Any person who fails to comply with any of the requirements or provisions of this chapter, or directions of the floodplain administrator, or any authorized employee of the city of Staunton pursuant to this chapter, shall be subject to the penalties as set forth in Chapter 18.225 SCC for violation.
(2)
In addition to any penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violation or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this chapter may be declared by the city of Staunton to be a public nuisance and abated as such. Flood insurance may be withheld from structures constructed in violation of this chapter. (Ord, 2022-27; Ord. 2009-26).
§ 18.170.040 Definitions.
(1)
"Base flood/100-year flood"
means a flood that, on the average, is likely to occur, or be exceeded, once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year).
(2)
"Base flood elevation (BFE)"
means the Federal Emergency Management Agency designated 100-year water surface elevation.
(3)
"Basement"
means any area of the building having its sub-grade (below ground level) on all sides.
(4)
"The Staunton board of zoning appeals"
means the board appointed to review appeals made by individuals with regard to decisions of the floodplain administrator in the interpretation of this chapter.
(5)
"Development"
means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
(6)
"Elevated building"
means a nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).
(7)
"Encroachment"
means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede of alter the flow capacity of a floodplain.
(8)
"Flood" or "flooding"
means:
(a)
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(i)
The overflow of inland or tidal waters;
(ii)
The unusual and rapid accumulation or runoff of surface waters from any source; and
(iii)
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (8)(a)(ii) of this section and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
(b)
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (8)(a)(i) of this section.
(9)
"Flood insurance rate map (FIRM)"
means an official map of a community, on which the federal insurance administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).
(10)
"Flood insurance study (FIS)"
means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflows and/or flood- related erosion hazards.
(11)
"Flood-prone area"
means any land area susceptible to being inundated by water from any source.
(12)
"Floodplain"
means:
(a)
A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation.
(b)
An area subject to the unusual and rapid accumulation or runoff of surface water from any source.
(13)
"Floodway"
means the designated area of the floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude without cumulatively increasing the water surface elevation more than one foot.
(14)
"Freeboard"
means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums will be less.
(15)
"Highest adjacent grade"
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(16)
"Historic structure"
means any structure that is:
(a)
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
(b)
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
(c)
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
(d)
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior, or (ii) directly by the Secretary of the Interior in states without approved programs.
(17)
"Lowest floor"
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Federal Code 44 CFR Section 60.3.
(18)
"Manufactured home"
means a structure subject to federal regulations, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days, but does not include a recreational vehicle.
(19)
"Manufactured home park/subdivision"
means a parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.
(20)
"New construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after December 16, 1988, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
(21)
"Recreation vehicle"
means a vehicle which is:
(a)
Built on a single chassis;
(b)
Four hundred square feet or less when measured at the largest horizontal projection;
(c)
Designed to be self-propelled or permanently towable by a light duty truck; and
(d)
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
(22)
"Shallow flooding area"
means a special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
(23)
"Special flood hazard area"
means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in SCC § 18.170.050(3).
(24)
"Start of construction"
means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
(25)
"Structure"
for floodplain management purposes means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes means:
(a)
A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site; or
(b)
A "manufactured home,"
also known as a mobile home, is a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation; or
(c)
"Travel trailer"
means a trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under any chapter of the Staunton City Code as well as the Uniform Statewide Building Code; however, for this purpose "structure" does not mean a recreational vehicle or park trailer or other similar vehicle, except as described in this subsection (25)(c), or a gas or liquid storage tank.
(26)
"Substantial damage"
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(27)
"Substantial improvement"
means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:
(a)
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b)
Any alteration of a "historic structure"; provided, that the alteration will not preclude the structure's continued designation as a "historic structure."
(28)
"Violation"
means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
(29)
"Watercourse"
means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. "Watercourse" includes specifically designated areas in which substantial flood damage may occur.
(Formerly 18.170.020; Zoning ordinance Art. 5 § 14; Ord. 2007-19; Ord. 2009-04; Ord. 2009-26; Ord. 2022-27)
§ 18.170.050 Establishments of zoning districts.
(1)
Description of Districts.
(a)
Basis of District. The various floodplain districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the Flood Insurance Study for Augusta County and the City of Staunton prepared by the Federal Emergency Management Agency, dated December 1, 1978, and revised September 28, 2007, and January 6, 2010, as amended.
(i)
The floodway district is delineated, for purposes of this chapter, using the criterion that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. These areas included in this district are specifically defined in Table 2 of the above referenced flood insurance study and shown on the accompanying flood boundary and floodway map or flood insurance rate map.
(ii)
The special flood hazard area shall be that area of the 100-year floodplain not included in the floodway district. The basis for the outermost boundary of this district shall be the 100-year flood elevations contained in the flood profiles of the above referenced flood insurance study and as shown on the accompanying flood boundary and floodway map or flood insurance rate map.
(iii)
The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as zone A on the maps accompanying the flood insurance study. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the city of Staunton.
(2)
Overlay Concept.
(a)
The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
(b)
Any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
(c)
In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.
(3)
Official Zoning Maps. The boundaries of the floodplain districts are established as shown on the flood boundary and floodway map and/or flood insurance rate map which is declared to be part of this chapter and which shall be kept on file at the office of the floodplain administrator of the city of Staunton.
(4)
District Boundary Change. The delineation of any of the floodplain districts may be revised by the Staunton city council where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any change, approval must be obtained from the Federal Emergency Management Agency.
(5)
Interpretation of District Boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the floodplain administrator. Should a dispute arise concerning the boundaries of any of the districts, the Staunton board of adjustment shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.
(Formerly 18.170.030; Zoning ordinance Art. 5 § 14; Ord. 2007-19; Ord. 2009-26; Ord. 2022-27)
§ 18.170.060 Submitting technical data.
The base flood elevation may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the city shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, flood prevention rates and floodplain management requirements will be based upon current data.
(Ord. 2009-26)
§ 18.170.070 District provisions.
(1)
General Provisions.
(a)
Permit Requirement. All uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and SCC Title 17. Prior to the issuance of any such permit, the zoning officer shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system.
(b)
Alteration or Relocation of Watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the U.S. Corps of Engineers, the Virginia State Water Control Board, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Division of Dam Safety and Floodplain Management (Department of Conservation and Recreation), and the Federal Emergency Management Agency.
(c)
New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated above the base flood elevation. Buildings located in all A zones may be floodproofed in lieu of being elevated; provided, that all areas of the building components below the elevation corresponding to the BFE plus one foot are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
(d)
Site Plans and Permit Applications. All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information:
(i)
For structures to be elevated, the elevation of the lowest floor (including basement).
(ii)
For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.
(iii)
The elevation of the 100-year flood.
(iv)
Topographic information showing existing and proposed ground elevations.
(e)
Manufactured Homes. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(f)
Recreational Vehicles. Recreational vehicles placed on sites either shall: (i) be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use; or (ii) meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in subsection (1)(e) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
(2)
Floodway District. In the floodway district, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation.
(3)
Permitted Uses in the Floodway District. The following uses and activities are permitted; provided, that they are in compliance with the provisions of the underlying area and are not prohibited by any other ordinance; and provided, that they do not require structures, fill, or storage of materials and equipment:
(a)
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(b)
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas.
(c)
Accessory residential uses, such as yard areas, gardens, play areas, and pervious loading areas.
(d)
Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc.
(4)
Special Flood Hazard Areas and Approximated Floodplain Districts. In the flood-fringe and approximated floodplain districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district; provided, that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.
Within the approximated floodplain district, the applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the 100-year flood elevation more than one foot at any one point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increased flood heights. Within the floodway area delineated by the applicant, the provision of subsection (2) of this section shall apply.
(5)
Design Criteria for Utilities and Facilities.
(a)
Sanitary Sewer Facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.
(b)
Water Facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system and be located and constructed to minimize or eliminate flood damages.
(c)
Drainage Facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The city council of the city of Staunton may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.
(d)
Utilities. All utilities, such as gas lines, electrical and telephone systems being placed in flood-prone areas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood occurrence.
(e)
Streets and Sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increased flood heights.
(Formerly 18.170.040; Zoning ordinance Art. 5 § 14; Ord. 2007-19; Ord. 2009-26)
§ 18.170.080 Standard for subdivision proposals.
(1)
All subdivision proposals shall be consistent with the need to minimize flood damage.
(2)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water system located and constructed to minimize flood damage.
(3)
All subdivisions proposed shall have adequate drainage provided to reduce exposure to flood hazards.
(4)
Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.
(Ord. 2009-26)
§ 18.170.090 Variances – Factors to be considered.
(1)
Factors to be considered in review of a request for variance from the provisions of this chapter shall be determined consistent with the following provisions:
(a)
Variances shall be issued only upon a showing of good and sufficient cause, and after the board of zoning appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and that the granting of such variance will not result in unacceptable or prohibited increases in flood height, additional threats to public safety, extraordinary public expense, and will not create nuisances, cause fraud or victimization of the public, or conflict with local laws or ordinances.
(b)
While the granting of variances generally is limited to a lot size less than one-half acre, deviation from the limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the board of zoning appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level in conformance with the provisions of this section.
(c)
Variances may be issued for new construction and substantial improvements and for the development necessary for the conduct of a functionally dependent uses; provided, that the criteria of this section are met and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(2)
In passing upon applications for variances, the Staunton board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of this title and consider the following additional factors:
(a)
The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the 100-year flood elevation.
(b)
The danger that materials may be swept onto other lands or downstream to the injury of others.
(c)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(d)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(e)
The importance of the services provided by the proposed facility to the community.
(f)
The requirements of the facility for a waterfront location.
(g)
The availability of alternative locations not subject to flooding for the proposed use.
(h)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(i)
The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(j)
The safety of access by ordinary and emergency vehicles to the property in time of flood.
(k)
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(l)
The repair on rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(m)
Such other factors which are relevant to the purposes of this chapter.
(3)
The Staunton board of adjustment may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.
(4)
Variances shall be issued only after the Staunton board of adjustment has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense; and will not create nuisances, cause fraud or victimization of the public, or conflict with local laws or ordinances.
(5)
Variances shall be issued only after the Staunton board of adjustment has determined that variance will be the minimum required to provide relief from any exceptional hardship to the applicant.
(6)
The Staunton board of adjustment shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation increases the risks to life and property, and will result in increased premium rates for flood insurance.
(7)
A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Emergency Management Agency.
(Formerly 18.170.050; Zoning ordinance Art. 5 § 14; Ord. 2007-19; Ord. 2009-26)
§ 18.170.100 Existing structures in floodplain districts.
A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:
(1)
Existing structures in the floodway district shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the 100-year flood elevation.
(2)
Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than 50 percent or more of its market value shall be elevated and/or floodproofed to the greatest extent possible within the provisions of this code and the Uniform Statewide Building Code for the portion being repaired, altered or added.
(3)
The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area, to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with the provisions of this chapter and the Virginia Uniform Statewide Building Code for the entire structure.
(Formerly 18.170.060; Zoning ordinance Art. 5 § 14; Ord. 2007-19; Ord. 2009-26)
§ 18.175.010 Purpose and intent.
The city council for the city of Staunton, Virginia, in order to promote the general health, safety, and welfare of the citizens; to facilitate the creation of an attractive and harmonious community; to conserve, protect, and enhance natural resources; and to safeguard and protect land values states that the purpose and intent of this chapter is as follows:
(1)
To aid in stabilizing the environment's ecological balance by contributing to the process of air purification, oxygen regeneration, groundwater recharge, and storm water runoff retardation, while at the same time aiding in noise, glare, and heat abatement;
(2)
To encourage the preservation of existing trees and cultivated vegetation;
(3)
To assist in providing adequate light and air and in preventing overcrowding of land;
(4)
To provide visual buffering and enhance the beautification of the city;
(5)
To safeguard and enhance property values and to protect public and private investment;
(6)
To preserve, protect and restore the unique identity and environment of the city and to protect the economic base attracted to the city by such factors;
(7)
To conserve energy and to protect the public health, safety, and general welfare. (Zoning ordinance Art. 5, § 15).
§ 18.175.020 Definitions.
For the purpose of this chapter, the following definitions apply:
"Evergreen tree"
means a tree which has foliage that remains green through more than one growing season. Evergreen trees used for screening purposes shall be a minimum of five to six feet in height when planted.
"Ground cover"
means low plants which grow close to the ground and may upon review take the place of turf.
"Major tree"
means a tree which, at maturity, has a trunk diameter in excess of four inches. Major trees shall be two inches minimum caliper when planted (measured six inches above ground level).
"Minor tree"
means a tree which, at maturity, has a trunk diameter of less than four inches. Minor street trees shall be one and one-half inches minimum caliper when planted (measured six inches above ground level).
"Shrub"
means a low usually several stemmed plant which, at maturity, is less than 25 feet in height and generally spreads less than 15 feet. Shrubs shall be a minimum of 12 inches in height when planted. This excludes ground cover. (Zoning ordinance Art. 5, § 15).
§ 18.175.030 Requirements and applicability.
(1)
Landscaping Plan. Except as provided herein, a landscaping plan shall be submitted for review and approval with respect to all land use and development activities, to be commenced after the effective date of the ordinance codified in this chapter. "Land use and development activities," as used herein, shall mean those activities that require a building permit therefor or the creation of new parking areas or the enlargement of existing parking areas by more than four additional parking spaces (cumulative over a four-year period).
(2)
Screening Plan. Except as provided herein, a screening plan shall be submitted for review and approval with respect to all land use and development activities within business, professional and industrial districts, designed to screen the uses of the most intensive use district from the adjoining least intensive use district and public streets.
(3)
Exceptions. The requirements hereunder do not apply to:
(a)
Individually developed single-family residences;
(b)
Additions to or accessory buildings of single-family residences;
(c)
Any alteration or reconstruction of buildings situated in the historic conservation district;
(d)
Any construction necessitated by the destruction by fire, calamity, storm or other accidental means of less than 50 percent of pre-existing improvements;
(e)
Interior and facade improvements made to a structure not requiring any exterior enlargement thereof.
(4)
Notwithstanding the foregoing, however, a landscaping plan is required for the development of a residential subdivision. (Zoning ordinance Art. 5, § 15).
§ 18.175.040 Procedure and administration.
(1)
The plans required to be submitted hereunder shall be submitted by the owner and the developer of the particular property involved to the zoning administrator for the city. Said zoning administrator shall be responsible for the receipt and processing of such applications and shall have the authority to approve or disapprove such plans. Said zoning administrator is hereby designated as the agent of the city for such purposes. If the zoning administrator disapproved the plan, the zoning administrator shall promptly notify the applicant and set forth the reasons why the plan was disapproved and, if necessary, suggestions as to corrections.
(2)
Any applicant aggrieved by a decision of the agent may appeal such decision to the planning commission for the city of Staunton in writing within 30 days of the decision in question. The planning commission shall schedule such appeal for hearing at its next regularly scheduled meeting to be held at least 14 days after such appeal is noted. The planning commission shall render its judgment on the date the appeal is heard, unless by the agreement of all parties, the decision can be delayed.
(3)
Any applicant who is aggrieved by the judgment of the planning commission may appeal such judgment to the council for the city of Staunton in writing within 30 days of the judgment rendered. Such appeal shall be heard by the city council at its next regularly scheduled meeting to be held at least 14 days after such appeal is noted. The city council shall render its judgment on the date the appeal is heard, unless, by agreement of all parties, the decision can be delayed.
(4)
All appeals set forth above shall be filed with the agent and shall set forth the grounds upon which the petitioner is aggrieved. The agent shall promptly schedule such matter to be heard with the planning commission and/or the city council, as the case may be.
(5)
Nothing herein shall deprive an aggrieved party from seeking a variance or other determination with respect hereto from the board of zoning appeals of the city of Staunton as permitted by local and state law.
(Zoning ordinance Art. 5 § 15; Ord. 2017-03; Ord. 2022-27)
§ 18.175.050 Plan contents.
The department of planning for the city of Staunton will assist those required to submit plans hereunder upon request. The landscape and/or screening plan should provide information such as:
(1)
The location, size, and type of all proposed plant materials and screening measures.
(2)
Existing trees with a caliper of six inches or greater, or wooded areas must be identified and considered for preservation.
(3)
Existing landscaping features on the site to be retained.
(4)
Location of utilities, including watering facilities for plantings on the site and drainage patterns.
(5)
A plan of maintenance. (Zoning ordinance Art. 5, § 15).
§ 18.175.060 Standards.
(1)
The following minimum landscaping standards shall apply:
Landscaping shall consist of at least a five feet wide landscaped area, along the street right-of-way, in business and professional districts and at least a 10 feet wide landscaped area, along the street right-of-way, in the industrial districts. These areas are exclusive of the area required for sidewalks, public street rights-of-way, or parking. Utility easements can be used with the permission of the city.
(2)
The following minimum screening standards shall apply:
Screening shall consist of a planting strip, existing vegetation, a slightly opaque wall or fence, or combination thereof, to the reasonable satisfaction of the agent. Where only vegetative screening is provided, such screening strip shall not be less than five feet wide in the business and professional districts and 10 feet wide in the industrial districts. Vegetative screening may consist of a double staggered row of evergreen trees planted 15 feet on center, or a double staggered row of evergreen shrubs planted 10 feet on center. Alternate methods of vegetative screening may be approved by the agent. Where a fence or a wall is provided, it shall be a minimum of six feet in height and plantings shall be required at intervals along such fence or wall.
(3)
The following minimum street tree standards shall apply:
(a)
Street trees shall be required along existing or proposed public streets and shall be planted with even spacing, or as otherwise required by the agent, adjacent to the public street right-of-way. One street tree shall be required for every 50 feet of road frontage, or portion thereof, if the street abutment is 20 feet or more in length, except as exempted in subsection (4) of this section. These trees should have a clear trunk height of at least six feet. The agent may waive these requirements in certain cases where site conditions warrant an alternate solution.
(b)
Streets with posted speeds of over 35 mph shall have minor trees only planted along the right-of-way. Streets with posted speeds of less than 35 mph may have major or minor trees planted along the right-of-way.
(c)
In the event that trees are desired along walkways adjacent to traffic flow, no tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines or pavement lines. No street tree shall be planted closer than 10 feet to any fire hydrant.
(d)
No trees other than those species listed as 30 feet or less in height at maturity may be planted under or within 10 lateral feet to any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line, or other utility.
(4)
The following landscaping requirements for new parking areas consisting of five spaces or more shall apply:
(a)
Street Trees. Street trees shall be planted in accordance with subsection (3) of this section. The trees shall be planted between the street right-of-way and the parking area within the landscape setback. If this requirement creates a hardship by causing the relocation of required parking spaces, then the additional planting area may be counted toward the interior landscaping requirement.
(b)
Interior Landscaping. An area equal to five percent of the parking and patron vehicular circulation area, as measured by the outside boundaries thereof, shall be landscaped to include trees and shrubs. Such landscaping shall be fairly uniformly dispersed throughout the vehicular parking and circulation area. At least one minor shade tree is required for each 10 parking spaces or portion thereof. Shrub plantings, except to the extent that they exceed five feet in width, adjacent to a building shall not be counted as interior landscaping. The requirements of subsections (4)(a), Street Trees, and (4)(c), Additional Planting Along Public Streets, of this section and screening of parking lots are to be excluded as a part of the five percent interior landscaping requirement.
(c)
Additional Plantings Along Public Streets. When a parking lot is located such that the parked cars will be visible from a public street, then additional landscaping of low street shrubs may be required between the street and the parking lot. Shrubs shall be in a single row planted five feet on center. All shrub plantings along entrances, exits, and intersections shall be kept below two and one-half feet so that visibility will not be impaired. Alternate methods of landscaping designed to minimize the visual impact of the parking lot may be approved by the agent.
(d)
Wheel stops, curbing, or other barriers shall be provided to prevent damage to landscaping by vehicles. Where necessary, trees shall be walled or otherwise protected against change of grade. All pervious areas of the site shall be permanently protected from soil erosion with grass, ground covers, low shrubs, or mulch material. Special attention should be given to using plants that are drought tolerant. (Zoning ordinance Art. 5, § 15).
§ 18.175.070 Exceptions.
(1)
In lieu of planting new materials, existing trees and vegetation may satisfy landscaping and screening requirements, subject to the agent's approval. The landscaping plan shall indicate the trees to be saved, limits of clearing, location and type of protective fencing, grade changes requiring tree wells, or walls and trenching. Upon review of the site and/or site plan, the agent, or the reviewing authority, may reduce or suspend any of the requirements of this chapter, if the site presents special circumstances whereby the strict compliance of this chapter will produce an undue hardship or if the spirit of the chapter has been met and deviation has been deemed to be in the best interest of the city.
(2)
Automobile Sales Lots Permitted Under SCC § 18.60.020.
(a)
The area used to display automobiles for sale shall be exempt from the parking lot perimeter planting and street tree planning requirements.
(b)
The area used to display automobiles for sale shall not be counted when calculating interior planting requirements.
(Zoning ordinance Art. 5 § 15; Ord. 2022-17)
§ 18.175.080 Approval period and revisions.
(1)
All landscaping shall be planted and maintained according to established planting and maintenance procedures using good quality plant materials. The required plant materials may be chosen from a recommended species list provided by the agent. Plant materials not listed may be substituted for suggested plant material if such substitution is expressly approved by the agent.
(2)
Approval of landscaping and screening plan under the provisions of this chapter is valid for a period of one year; however, if said plan is part of approved site plan in accordance with this title or an approved subdivision plan, then approval is extended for same period as the site or subdivision plan.
(3)
Requested changes or revisions to approved landscaping and screening plans may be authorized in writing by the agent as long as said revisions do not, in the agent's opinion, substantially affect terms of the original approval. Otherwise, the agent may require a new plan be prepared and submitted for review in accordance with the provisions of this chapter.
(4)
All landscaping and screening required by this chapter shall be installed at the cost of the developer or property owner. The owner shall be responsible for maintaining all landscaping in good condition so as to present a healthy, neat appearance and shall be kept free from refuse and debris.
(5)
All landscaping and screening features shown on the approved plan must be adequately maintained and kept in effect in order for approved plan to remain valid and not become a zoning violation of this title. (Zoning ordinance Art. 5, § 15).
§ 18.175.090 Plans required prior to issuance of building permit.
No building permit shall be issued by the city until the applicant therefor exhibits to the building inspector the approved plans required by this chapter. (Zoning ordinance Art. 5, § 15).
§ 18.175.100 Occupancy permit.
The building inspector for the city shall not issue an occupancy permit for such development until the landscaping and/or screening required hereunder has been completed. Notwithstanding the foregoing, however, the building inspector may issue a temporary occupancy permit with respect to the development, if, in the opinion of the building inspector, said landscaping and/or screening has been delayed for reasons beyond the control of the developer, such as weather and other causes. (Zoning ordinance Art. 5, § 15).
§ 18.180.010 Established.
For all dwelling units permitted in the various districts of this code, including, but not limited to, boarding houses, dwelling (attached), dwelling (multiple), dwelling (semi-attached), dwelling (single-family), dwelling (two-family), fraternity, sorority house, group house, housing for the elderly, multiple-family dwelling, rooming house, row dwelling and tourist home, the occupancy limitations set forth in Section PM-405.0 (PM 405-1 through PM 405.10, inclusive) of the BOCA National Property Maintenance Code/1996, as amended, shall apply, the provisions of which are adopted herein by reference. (Zoning ordinance Art. 5, § 16).
§ 18.185.010 General provisions.
(1)
Purpose and Intent. The purpose of this chapter is to establish general guidelines for the siting and/or co-location of telecommunications facilities. The goals of this chapter are to:
(a)
Encourage the location of telecommunications facilities in nonresidential areas and minimize the total number of telecommunications facilities and sites throughout the city.
(b)
Encourage strongly the joint use of new and existing telecommunications facilities.
(c)
Encourage users of telecommunications facilities to locate them, to the extent possible, in areas where the adverse impact on the city is minimal.
(d)
Encourage users of telecommunications facilities to configure them in a way that minimizes the adverse visual impact of the telecommunications facilities.
(e)
Provide adequate sites for the provision of telecommunications services with minimal negative impact on the resources of the city.
(2)
Definitions.
(a)
"Alternative telecommunications structure"
shall mean buildings, clock towers, bell steeples, electric poles, utility poles, water storage tanks, and other similar alternative-design mounting structures that are used for the purpose of supporting and obscuring the presence of antennas.
(b)
"Antenna"
means any exterior apparatus designed for telephonic, radio, or television communications through the sending, or receiving or both of electromagnetic waves.
(c)
"FAA"
means the Federal Aviation Administration.
(d)
"FCC"
means the Federal Communications Commission.
(e)
"Height"
means when referring to a telecommunications tower or other structure, the distance measured from ground level to the highest point on the telecommunications tower or other structure, even if said highest point is an antenna.
(f)
"Telecommunications facility"
means any site that is designed and constructed primarily for the purpose of supporting and including one or more antennas or microwave dishes, and including, but not limited to, telecommunications towers.
(g)
"Telecommunications tower"
means any structure that is designed and constructed primarily for the purpose of supporting and including one or more antennas or microwave dishes, and including, but not limited to, self-supporting lattice towers, guyed towers, manmade trees, monopole towers, telephone, radio and television transmission towers. (Zoning ordinance Art. 5, § 17).
§ 18.185.020 Applicability.
(1)
Limitations. The requirements set forth in this chapter shall govern the siting of antennas, telecommunications towers, and telecommunications facilities unless specifically excluded herein.
(2)
Amateur Radios. This chapter shall not govern any amateur radio, or its installation, if it is owned and operated by a federally licensed amateur radio station operator and used exclusively for noncommercial purposes.
(3)
Television Reception Antennas. This chapter shall not govern any television reception antenna or its installation, if it is under 50 feet in height and is used exclusively for noncommercial purposes.
(4)
Existing Structures and Towers.
(a)
The placement of a telecommunication antenna and related equipment on alternative telecommunications structures such as roofs, walls, water tanks, existing towers and other suitable structures may be approved by the zoning administrator provided the antenna (1) does not add more than 20 feet to the existing structure, and (2) meets all applicable standards and requirements of local, state and federal regulations. The zoning administrator shall have the right to refer any co-location of telecommunications equipment to the planning commission for review and approval.
(b)
Applications for such use must include (1) a final site plan for approval, and (2) a report prepared by a qualified and licensed professional engineer indicating the existing structure's suitability to accept the antenna and the proposed method of affixing the antenna to the structure. The placement of additional buildings (or equipment) must meet the standards for this and other applicable city ordinances. (Zoning ordinance Art. 5, § 17).
§ 18.185.030 Siting requirements.
The requirements for siting and construction of all telecommunications facilities regulated by this chapter shall include the following:
(1)
Any new telecommunications facility site shall not be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that existing telecommunications facilities or alternative telecommunications structures cannot accommodate the applicant's proposed antenna.
(2)
Telecommunications towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos.
(3)
At the telecommunications facility, the design of the buildings and related structures used in conjunction with telecommunications facilities shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the telecommunications facilities to the natural setting and the built environment.
(4)
If an antenna is installed on an alternative telecommunications structure, the antenna and supporting electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the alternative telecommunications structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5)
A telecommunications facility or telecommunications tower shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(6)
No advertising of any type may be placed on the telecommunications facility, or other structures associated with the telecommunications facility. Signs shall be required displaying the name, registration number, and emergency contact number of the tower owner. The sign shall not exceed four square feet in size and shall be located on the security fence or other approved location. (Zoning ordinance Art. 5, § 17).
§ 18.185.040 Federal requirements.
All telecommunications towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, then the owners and operators of the telecommunications towers and antennas governed by this chapter shall bring such telecommunications towers and antennas into compliance with such revised standards as required. Failure to bring telecommunications towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications towers and antennas at the owner's or operator's expense. (Zoning ordinance Art. 5, § 17).
§ 18.185.050 Structural requirements.
(1)
Prior to the use or extension of a telecommunications tower, the owner shall have obtained approval of the structural integrity by a registered professional engineer licensed in the Commonwealth of Virginia and a copy of such report shall be filed with the planning and inspection department.
(2)
To ensure the structural integrity of a telecommunications facility or telecommunications tower, the owner or operator of a telecommunications facility or telecommunications tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. (Zoning ordinance Art. 5, § 17).
§ 18.185.060 Setbacks and separation.
The following setbacks and separation requirements shall apply to all telecommunications facilities except alternative telecommunications structures:
(1)
Telecommunications facility must be set back a distance equal to 110 percent of the height of the telecommunication tower from any off-site structures used for human habitation.
(2)
Telecommunications towers, security fencing, and accessory facilities must meet all setback requirements for primary structures for the zoning district in which the telecommunications facility is located. (Zoning ordinance Art. 5, § 17).
§ 18.185.070 Security requirements.
The following requirements shall govern the securing of telecommunications facilities:
(1)
Telecommunications facilities, that include buildings or added structures, shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device unless the city determines that its safety requirements are met without it.
(2)
If a telecommunications tower or antenna is mounted on an alternative telecommunications structure, the security fencing shall not be required unless the city determines that its safety requirements are not met without it.
(3)
Monopole towers and other single-pole structures, standing alone, shall be secured by anti-climbing devices. (Zoning ordinance Art. 5, § 17).
§ 18.185.080 Landscaping requirements.
The following requirements shall govern the planting and maintenance of landscaping surrounding telecommunications facilities:
(1)
Telecommunications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings and fence from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(2)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as telecommunications facilities sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. (Zoning ordinance Art. 5, § 17).
§ 18.185.090 Information required and factors considered in granting special use permits.
Each applicant requesting a special use permit under this chapter shall submit to the planning and inspection department the following for consideration by the planning commission, historic preservation committee (if applicable) and city council:
(1)
The following shall be required for a telecommunications facility, telecommunications tower, or for siting an antenna on an alternative telecommunications structure:
(a)
An inventory and contour map of its existing facilities that are within the city and at least five miles from the city line, including specific information about the location, height, coverage and capacity zones, and design of each telecommunications facility, telecommunications tower and antenna.
(b)
A conceptual plan of proposed sitings.
(c)
A scaled site plan including topography.
(d)
A scaled elevation view and other supporting drawings.
(e)
Calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements.
(f)
Radio frequency coverage.
(g)
Setbacks.
(h)
Parking.
(i)
Security fencing.
(j)
Landscaping.
(k)
Adjacent uses.
(l)
An engineering report, certifying that the proposed telecommunications tower is compatible for a minimum of three similar users including the primary user.
(m)
Information demonstrating that antennas, telecommunications towers, and telecommunications facilities for possible co-locator antennas are no higher in elevations than necessary.
(n)
Height of the proposed telecommunications tower.
(o)
Proximity of the telecommunications tower to residential structures and residential district boundaries.
(p)
Nature of the uses on adjacent and nearby properties.
(q)
Surrounding topography (at least a 400- foot radius).
(r)
Surrounding tree coverage and foliage (at least a 400-foot radius).
(s)
Design of the telecommunications facility and telecommunications tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(t)
Proposed ingress and egress.
(u)
Co-location policy which outlines policy regarding company's willingness to co-locate on other company's telecommunications towers and company's willingness to accept other users on its telecommunications towers.
(v)
Consistency with the comprehensive plan and the purposes to be served by zoning.
(w)
Actual photographs from the site showing adjoining properties and other relevant views and simulated photographic image of the proposed telecommunications tower from the adjoining properties.
(x)
Other information deemed by the city to be necessary to assess compliance with this chapter.
(2)
The following requirements shall pertain to the co-location of an antenna that (1) will be placed on a telecommunications facility or telecommunications tower that was sited under the provisions of this chapter; and (2) will not increase the height of the telecommunications tower:
(a)
An inventory and contour map of its existing facilities that are within the city and at least five miles from the city line, including specific information about the location, height, coverage and capacity zones, and design of each telecommunications facility, telecommunications tower and antenna.
(b)
A conceptual plan of proposed sitings.
(c)
Calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements.
(d)
Radio frequency coverage.
(e)
Height of telecommunications tower with proposed antenna.
(f)
Other information deemed by the city to be necessary to assess compliance with this chapter.
The planning and inspection department may share such information with other applicants applying for approvals or special use permits under this chapter or other organizations seeking to locate telecommunications towers within the city; provided, however, that the planning and inspection department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. (Zoning ordinance Art. 5, § 17).
§ 18.185.100 Removal of defective or abandoned telecommunications facilities.
Any antenna, telecommunications tower, or telecommunications facility found to be defective or unsafe shall be repaired to meet federal, state, and local safety standards or removed within six months at the owner's or operator's expense. Any antenna, telecommunications tower, or telecommunications facility that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of such antenna, telecommunications tower, or telecommunications facility shall remove same within 90 days of receipt of notice from the city notifying the owner of such removal requirement. Removal includes the removal of the antennas, telecommunications towers, and telecommunications facilities, fence footers, underground cables and support buildings. The buildings and foundation may remain with landowner's approval. If there are two or more users of a single telecommunications facility or telecommunications tower, then this provision shall not become effective until all users cease using the antennas and telecommunications tower. If the antenna, telecommunications tower, and telecommunications facility are not removed as herein required, the city may either seek court enforcement of such removal or the city may remove the antenna, telecommunications tower, and telecommunications facility at the expense of the owner or operator of the telecommunications facility as the city, in its sole discretion, determines. (Zoning ordinance Art. 5, § 17).
§ 18.190.010 Existing uses continued.
A nonconforming building or structure, existing at the time of the adoption of the ordinance codified in this title, may be continued and maintained except as otherwise provided in this chapter. (Zoning ordinance Art. 6).
§ 18.190.020 Alteration or enlargement of buildings and structures.
A nonconforming building or structure shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located. However, if a building or structure is conforming as to use, but nonconforming as to yards or height or off-street parking space, said building or structure may be enlarged or added to; provided, that the enlargement or addition complies with the off-street parking requirements of the district in which said building or structure is located. No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located. (Zoning ordinance Art. 6).
§ 18.190.030 Outdoor advertising signs and structures.
No outdoor advertising sign or outdoor advertising structure which, after the adoption of the ordinance codified in this title, exists as a nonconforming use in any district, shall continue, as herein provided for nonconforming uses, but every such sign or structure shall be removed or changed to conform to the regulation of said district within a period of two years. (Zoning ordinance Art. 6).
§ 18.190.040 Building vacancy – Nonconforming.
A nonconforming building, structure, or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of two years, shall not thereafter be occupied except by the uses which conform to the use regulations of the district in which it is located. (Zoning ordinance Art. 6).
§ 18.190.050 Change in use.
A nonconforming use of a conforming building or structure (i.e., commercial use in a dwelling) shall not be expanded or extended into any portion of such conforming building or structure nor changed except to a conforming use. If such a nonconforming use of a portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located. A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of six months after the effective date of the ordinance codified in this title.
The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification. However, where the use of nonconforming building or structure is changed to a use of a more restricted district classification, it thereafter shall not be changed to a use of a less restricted district classification. (Zoning ordinance Art. 6).
§ 18.190.060 Nonconforming uses of land.
(1)
A nonconforming use of land, where the aggregate value of all permanent buildings or structures is less than $1,000, existing at the time of adoption of the ordinance codified in this title, may be continued for a period of not more than three years therefrom, provided:
(a)
Said nonconforming use may not be extended or expanded.
(b)
If said nonconforming use or any portion thereof is discontinued for a period of six months, or changed, any future use of land shall be in conformity with the provisions of the district in which said land is located.
(2)
The following regulations shall apply to any automobile wrecking, junk, or salvage yard, building material, storage yard, contractor's yard, or any similar more or less temporary use of land when located as a nonconforming use in any residential district.
(a)
Any such use is hereby declared to be a public nuisance in any residential district established by this title and shall be abated, removed, or changed to a conforming use within a period of one year after the date of passage of the ordinance codified in this title.
(b)
Whenever any district shall have been changed to a residential district from any other district, the date of abatement, removal, or change of such nonconforming use shall be within a period of one year after the date of change of such district.
(3)
Any nonconforming automobile wrecking, junk, or salvage yard in any nonresidential district shall, after the adoption of the ordinance codified in this title, be brought into full conformity within one year. (Zoning ordinance Art. 6).
§ 18.190.070 Damage.
A building which by reason of the passage of the ordinance codified in this title has become nonconforming, which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than 50 percent of its value at the time of damage shall not be restored except in conformity with the regulation of the district in which it is located.
When damaged by less than 50 percent of its value, a nonconforming building may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are completed within one year of the date of such damage. (Zoning ordinance Art. 6).
§ 18.190.080 Pending application for building permits.
Nothing herein contained shall require any change in the overall layout, plans, construction, site or designated use of any development, building, structure or part thereof, for which official approval and required building permits have been granted before the enactment of the ordinance codified in this title, if said construction, conforming with such plans, shall have been started prior the effective date of the ordinance codified in this title and completion thereof carried on in a normal manner within the subsequent six months completion except for reasons beyond the builder's control. (Zoning ordinance Art. 6).
