The Board of Zoning Appeals may permit a kennel, veterinary hospital or animal boarding place as a Special Exception in the CC-1, CG-2 and BP Districts, provided that an animal boarding place shall be located only on a lot having an area of two acres and not within 150 feet from any dwelling other than the house of the owner or person in control of the boarding place. The Board of Zoning Appeals may increase the standard herein provided and add others when it is deemed necessary in order to protect the health and safety of residents and workers on adjoining properties and in the general neighborhood.

The Board of Zoning Appeals may permit an antenna or tower greater than 50 feet in height and associated substations (e.g., radio, television, microwave broadcasting, etc.) as a Special Exception in any District, provided:

a.

All structures shall be located at least 200 feet from an existing dwelling.

b.

A minimum ten-foot-wide landscape strip shall be required and maintained around all property lines exterior to any fence or wall.

c.

Any proposed broadcasting tower shall have a setback of one foot from all property lines for every foot of height of the tower, provided that any broadcasting tower lawfully existing prior to the effective date of this Ordinance shall be exempt from the setback limitations imposed by this subsection and may be continued, structurally altered, reconstructed, or enlarged provided that no structural change, repair, addition, alteration, or reconstruction shall result in increasing the height of such tower above the then existing structurally designed height.

The Board of Zoning Appeals may permit the use, of a one-family dwelling for a boardinghouse, bed and breakfast, or country inn as a Special Exception in the, R-3, R-4, CC-1, CG-2 and RMX Districts, upon a finding that such establishments will not constitute a nuisance because of sidewalk or street traffic, noise, or type of physical activity, and that such use will not tend to affect adversely the use and development of adjoining properties in the immediate neighborhood. Such establishments are subject to the following criteria:

a.

The establishment shall be located on a state-maintained road with direct access to the state-maintained road. Direct access shall mean an entrance located on the same property as the establishment.

b.

The driveway entrance onto the state-maintained road shall meet VDOT standards.

c.

One off-street parking space shall be provided for each guest room and shall be located at the rear of the site. All parking areas shall be located at least 50 feet from any adjacent residentially zoned property or shall be adequately screened.

d.

The establishment shall be owner/manager occupied and managed.

e.

Accessory commercial activities such as weddings, graduation, and similar parties are allowed only if included as part of the special exception application.

f.

Facilities for dining shall be in the location customarily used by a single family in the structure.

g.

No separate kitchen or dining facilities shall be provided.

The Zoning Administrator may permit a Short-Term Rental in the CC-1, R-2, R-3 R-4 Residential Zoning Districts subject to the following:

a.

No property owner shall operate or advertise a residential property for a short-term rental without a Short-Term Rental Permit issued by the Zoning Administrator or their designee. A Short-Term Rental Permit is required at a price set by Town Council or their designee.

b.

The property owner shall register the property according to the regulations set forth in Town Code Chapter 62.

c.

The property owner must be living on site as his/her primary residence.

d.

The short-term rental shall be limited to two bedrooms rented out, and a maximum occupancy is two persons per bedroom.

e.

The short-term rental shall provide one parking space per bedroom. Parking space requirements shall meet all town standards.

f.

Short-term rentals shall not be used as an event venue unless permitted as such.

g.

Noise shall be in compliance with Town Code Chapter 22 Article II, Sound Control.

h.

Lighting shall be in compliance with the town's zoning standards.

i.

Applicable provisions of the current Uniform Statewide Building Code, and all other applicable laws and regulations shall be met, including the Virginia Department of Health wastewater provisions. Shall provide a certificate of compliance from the Essex County Building Official.

j.

No sign(s) advertising the conduct of short-term rental is allowed on the outside of the property.

k.

The Zoning Administrator shall have the authority to revoke a Short-Term Rental Permit if there are three or more substantiated complaints, zoning or building violations. or any illegal activities within a 12-month time period.

(Town Council Adopted on 1-11-2021; Town Council Amended on 5-10-2021; Town Council Amended on 1-13-2025)

Editor's note— On Jan. 13, 2025 Town Council amended § 22-128.1 and in doing so changed the title of said section from "Short-Term Rental (3.04.300)" to "Short-Term Rental—Type A or Partial House Rental (3.04.300)," as set out herein.

The Board of Zoning Appeals may permit a Short-Term Rental as a Special Exception with Conditions in the CC-1, R-2, R-3 R-4 Residential Zoning Districts, and shall be subject to the following:

a.

If the operator of a short-term rental does not live within 30 miles of the town, they must designate a responsible local agent to contact in case of emergencies when they apply for the Business License Clearance. If the party responsible changes, no rentals shall occur until the Town of Tappahannock is notified and acknowledges receipt of such a change.

b.

Events and activities, including luncheons, banquets, parties, weddings, meetings, fund raising, commercial or advertising activities, and any other gathering of persons other than the authorized lodgers, whether for direct or indirect compensation, are prohibited in association with any short-term lodging at the subject location.

c.

The property owner shall register the property according to the regulations set forth in Town Code Chapter 62, Short-Term Rental Registration.

d.

The short-term rental operator shall provide record of ownership, or permission from the owner, if applicable, and a copy of current general liability insurance.

e.

Applicable provisions of the current Uniform Statewide Building Code, and all other applicable laws and regulations shall be met, including the Virginia Department of Health wastewater provisions. Shall provide a certificate of compliance from the Essex County Building Official.

f.

The short-term rental shall be limited to five bedrooms, with a maximum occupancy of ten persons.

g.

No sign(s) advertising the conduct of short-term rental is allowed on the outside of the property.

h.

Noise shall be in compliance with Town Code Chapter 22 Article II, Sound Control.

i.

Lighting shall be in compliance with the town's zoning standards.

j.

The short-term rental shall provide one parking space per bedroom. Parking space requirements shall meet all town standards.

k.

The Zoning Administrator shall have the authority to revoke a Short-Term Rental Permit if there are three or more substantiated complaints, zoning or building violations. or any illegal activities within a 12-month time period.

(Town Council Adopted on 1-13-2025)

The Board of Zoning Appeals may permit a child or elderly day care center serving between seven and 30 care recipients as a Special Exception in the R-3, R-4 and RMX Districts provided:

a.

A site plan is submitted showing existing or proposed building(s), play area(s), fencing, parking, ingress, and egress.

b.

The applicant shall demonstrate compliance with all requirements of the State and/or local health department for family/group care.

c.

The Board of Zoning Appeals may prescribe specific conditions determined necessary to minimize effects of the proposed use on neighboring properties given identification of concerns specific to a particular site.

d.

The applicant shall provide 100 square feet of usable outdoor recreation area for each child that may use this space at any one time. Such usable outdoor recreation area shall be identified on the site plan and shall be sufficiently buffered from adjacent residential area. Usable outdoor recreation areas shall be limited to the side and rear yard of the property. Recreational areas shall not include the required front yard of the property or any off-street parking areas.

The Board of Appeals may permit a flea or open-air market as a Special Exception in the in the CC-1, CG-2 and RMX Districts provided:

a.

Any permanent structure for the display and sale of products shall be no larger than 3,000 square feet.

b.

Buildings shall maintain the front yard setback for the District in which it is located.

c.

Exits and entrances shall be provided which shall be at least 200 feet from all intersections.

d.

A minimum of three off-street parking spaces and one space per 300 square feet of building area over 900 square feet shall be provided.

e.

A minimum of one self-contained privy shall be maintained on the site while the operation is in use.

f.

No temporary structure shall be permitted for a period exceeding three years, subject to renewal.

Golf course, country club, private club, or service organization including community buildings shall be permitted in the R-4 and RMX Districts provided such use will not adversely affect surrounding residential uses because of noise, traffic, number of people, or type of physical activity, and provided that the following standards and requirements can be met:

a.

The provision of food, refreshments, and entertainment for club or organization members and their guests may be allowed in connection with such use, provided the availability of such services is not reasonably expected to draw an excessive amount of traffic through local residential streets.

b.

All buildings shall conform to the height, coverage, and setback regulations of the District in which they are located, and all facilities shall be so located as to conform to other special exception standards.

c.

All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area.

d.

A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to single-family dwelling districts or uses.

e.

Vehicular access shall be derived from an arterial street.

f.

Twenty parking spaces shall be provided per nine holes and one space per 500 square feet of club floor area.

g.

A minimum 50-foot buffer meeting the plant unit requirements for Bufferyard E (see Appendix E) shall be provided adjacent to the clubhouse/office and parking areas when said facilities are located adjacent to single-family dwelling districts or uses.

h.

A minimum 25-foot buffer meeting the plant unit requirements of Buffer D (see Appendix E) shall be provided adjoining single-family zoning or uses not part of the golf course development.

i.

Off-street parking and loading areas, tennis courts, golf tees, and maintenance facilities may require additional screening as determined by the Zoning Administrator.

Golf Driving Ranges, Par 3 Golf and Miniature Golf Courses, Skateboard Parks, Waterslides, Batting Cages, and similar uses shall be permitted in the CC-1, CG-2, I-1 and BP Districts provided:

a.

The provision of food and refreshments may be allowed in connection with such use, provided the availability of such services is not reasonably expected to draw an excessive amount of traffic through local residential streets.

b.

All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area.

c.

A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to residential districts or uses.

d.

Vehicular access shall be derived from an arterial street.

e.

A buffer yard meeting Buffer yard Standard C in Appendix B shall be provided adjacent to the pro shop/office and parking areas when said facilities are located adjacent to residential districts.

f.

A buffer yard meeting the C standard in Appendix B shall be provided adjoining residential districts not part of the golf course development.

g.

Off-street parking and loading areas, golf tees, and maintenance facilities shall be screened by a buffer yard meeting the B standard in Appendix B at a minimum.

h.

Driving range shall be located at least 300 feet from any residential or commercial property line or right-of-way line of any road.

a.

The Board of Zoning Appeals may permit a new group residential facility for housing exceptional people as a Special Exception in the R-4 and RMX District upon a finding:

1.

That such use will not constitute a nuisance because of noise, vehicle traffic or parking, number of residents, or any other type of physical activity;

2.

That such use will not, when considered in combination with other existing group homes in the neighborhood, result in an excessive concentration of similar uses in the same general neighborhood of the proposed use;

3.

That any property to be used for a group residential facility is of sufficient size to accommodate the proposed number of residents and staff; and

4.

That the site to be used as a group residential facility for children provide ample outdoor play space, free from hazard and appropriately equipped for the age and number of children to be cared for.

b.

The applicant will demonstrate compliance with all requirements of the State Department of Health.

c.

Parking and loading shall be provided at the rear of the site.

d.

Adequate access to medical services, shopping areas, recreational, and other community services often desired by elderly and handicapped people shall be available to residents or provided on the site for residents.

e.

The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping or by designing the buildings near the periphery to be harmonious in density and type with the surrounding neighborhood.

f.

Open space areas, recreational facilities, and other accessory facilities shall be developed in each phase of development to meet the needs of the residents. The developer shall provide a schedule for the installation of these facilities at the time the special exception is approved.

g.

Where any "childcare residence for up to eight children" or "group home for mentally retarded people" has been lawfully established at the same location prior to the effective date of this ordinance, such use shall not be required to obtain a special exception.

The Board of Zoning Appeals may permit a home occupation within the context of the definition of home occupation provided in this Ordinance as a Special Exception in the R-1, R-2, R-3, R-4, MH-1 and RMX Districts subject to the following:

a.

Not more than one person other than members of the family residing on the premises shall be engaged in such occupation.

b.

There shall be no change in the outside appearance of the building or premises. Residential appearance shall be maintained and the proposed development shall be in keeping with the character of the neighborhood.

c.

No home occupation shall be conducted in any accessory building.

d.

No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable outside of the dwelling unit.

e.

No more than 25 percent of the floor area of the dwelling, including an attached garage, may be used for the home occupation, and not more than five percent may be used for storage of stock in trade.

f.

No article of commodity shall be offered for sale or publicly displayed on the premises except those incidental to services offered.

g.

Parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

h.

Funeral homes, veterinary animal hospitals and grocery stores shall not be permitted as home occupations.

i.

A private educational institution, boardinghouse, rooming house, or tourist home shall not be deemed a home occupation.

A hotel, motel, or inn shall be permitted in the CC-1, CG-2, RMX and BP Districts, provided that all the requirements imposed in the zone are met and provided further that special conditions—such as for additional fencing and/or planting or other landscaping, additional setback from property lines, location and arrangement of lighting, and other reasonable requirements deemed necessary to safeguard the general community interest and welfare may be imposed by the Zoning Administrator.

a.

Accessory uses may include gift shop, beauty shop, barber shop, restaurant, cocktail lounge/night club, auditorium/meeting facilities, and similar retail stores and commercial establishments. The Zoning Administrator may require studies of the market for specific accessory uses as well as the principal use.

b.

Circulation and parking shall be adequate to fulfill requirements of all proposed uses, principal and accessory. A traffic analysis shall be provided by the applicant demonstrating adequacy of the system to the satisfaction of the Zoning Administrator and appropriate State agencies, e.g., VDOT.

c.

The applicant shall design the building roof to screen mechanical equipment from public view and to contribute to an attractive streetscape.

d.

The applicant shall develop the public streetscape between the street-front building and the street curb as a safe and convenient pedestrian movement area.

e.

The applicant shall locate amenities such as lighting, seating, shelter, and landscaping into attractive groupings that provide for safe and unobstructed pedestrian movement.

f.

The applicant shall design fences and retaining walls that are consistent in materials and quality to that of the building and the adjacent properties.

g.

The applicant shall design and locate signs so that their illumination is directed away from adjacent neighbors.

h.

The applicant shall integrate ground signs into the design of the site and the streetscape.

i.

Vehicular access to the subject property shall not be by means of any street internal to a subdivision for one-family dwellings.

Mobile homes and Manufactured Home Parks shall be permitted in the MH-1 District subject to the following requirements. These requirements shall apply to manufactured home parks, expansion of an existing manufactured home park and to manufactured home sites in the MH-1 Manufactured Home Park District.

a.

Minimum Dimension Requirements.

1.

Each manufactured home shall be so placed on its lot that no part of said manufactured home shall be closer than: 40 feet to any other manufactured home; 40 feet to any service building; 25 feet to any interior street; 75 feet to any public street or highway right-of-way line; or 35 feet to any property line of the Manufactured Home Park.

2.

Manufactured Home Sites. A minimum manufactured home unit site size of 4,500 square feet per unit shall be provided.

b.

The following accessory structures and uses may be permitted:

1.

Uses and structures which are generally considered accessory and clearly incidental to the principal uses.

2.

Utility buildings.

3.

Spaces and structures designed to be utilized by the residents of the development (i.e., community center, laundry, recreational area, etc.)

4.

No sales lot for manufactured homes may be established within the development.

c.

Minimum Tract Dimensions.

1.

Manufactured Home Park or Subdivision (Not in Combination). The minimum area for a manufactured home park or subdivision shall be ten acres. The minimum width of the tract measured at the street frontage of the main access shall be 200 feet.

2.

The tract shall comprise a single plot except where the site is divided by public streets or alleys, or where the total property includes separate parcels for necessary utility plants, maintenance or storage facilities and the like, with appropriate access from the park, provided that all lands involved shall be so dimensioned and related as to facilitate efficient design and management.

d.

Development Standards.

1.

Utility Lines. All utility lines shall be placed underground.

2.

Storage Facilities. In order to provide for the storage of personal effects of the residents of the manufactured home park, at least 125 cubic feet of enclosed storage space shall be provided, either in an individual structure adjacent to each manufactured home stand or in a common building within 600 feet of the residential units.

3.

Open Space. At least 25 percent of the tract, excluding the rights-of-way, shall be established in open space.

4.

Installation. Each manufactured home, together with all enclosed extensions or structural additions thereto, shall be installed upon a manufactured home stand and shall be securely anchored thereto so as to prevent the manufactured home from shifting or overturning, and shall be suitable treated so as to conceal the undercarriage.

5.

Design Compatibility. The design of the manufactured home development shall provide for compatibility between the use and development of the adjacent land and the manufactured home development to the maximum extent possible, either by locating double-wide trailers adjacent to land for which the Town Comprehensive Plan recommends a single-family detached zone, or by the location of open spaces and landscaping, or by such other methods as may be desirable or appropriate.

6.

Distances Between Manufactured Homes. There shall be a distance of at least 20 feet between manufactured homes or enclosed extensions thereof, in order to ensure adequate light, air, safety, convenience, and amenity for the residents in the development.

7.

Access for Fire Protection Services. Access shall be such as to permit fire protection apparatus to approach to within 200 feet of each manufactured home.

8.

Setback from Common Areas. No part of any manufactured home stand shall be located within ten feet of any common driveway, walk, parking area or other common area within the manufactured home development.

9.

Reserved.

10.

Access. Manufactured Home Parks shall have access to a paved road or major collector road. The design and construction of the interior street system shall be sufficient to adequately serve the size and density of the development and shall conform to the requirements of the State of Virginia and County. All interior streets shall be of materials meeting the specification of the State Department of Highways, and shall be at least 40 feet in width.

11.

Pedestrian Ways. Walkways shall form a logical, safe, and convenient system for pedestrian access to all manufactured homes, on-site facilities, and principal off-site pedestrian destinations. At a minimum, pedestrian ways shall be provided connecting manufactured home sites with commercial and recreational facilities within the community. Pedestrian ways shall be not less than four feet wide. In addition, sidewalks shall be provided to each manufactured home stand from a paved street or from a paved driveway or parking space connecting to a paved street.

12.

Recreational Areas. A minimum of ten percent of the gross land area of the Manufactured Home Park shall be reserved for recreational and open space uses. This area may be within or outside a building but must be for recreational purposes and is in addition to any other open space areas required by yard requirements or other sections of this Ordinance. A clustering of units is encouraged.

13.

Required Buffer Yards and Screening. Every Manufactured Home Park shall be enclosed with an approved fence or planted hedge not less than seven feet in height with no openings to adjoining property other than the required entrances and exits to streets or public spaces.

A mini-warehouse shall be permitted in the I-1 District and may be permitted as a Special Exception by the Board of Zoning Appeals in the CG-2 District provided:

a.

No activities other than the dead storage or transfer of non-volatile goods or leasing of storage space are permitted. Prohibited uses include, but are not limited to, miscellaneous sales; fabrication or repair of vehicles, equipment, or other goods; transfer-storage business based on site; residential uses or any use that creates a nuisance due to noise, odor, dust, light, or electrical interference.

b.

An on-site manager or resident manager shall be required and shall be responsible for the operation of the facility in conformance with conditions of approval.

d.

Adequate access and parking shall be provided. Parking for storage purposes shall be provided via a driving/parking land adjacent to each storage space/stall, with a minimum 30-foot width for one-way routes where accessed on one side of the land and a 45-foot width for a two-way route or where accessed on both sides.

e.

Screening Requirements.

1.

Adjoining properties used or zoned for residential/dwelling purposes:

(a)

Non-street-facing property lines shall be improved with a minimum six-foot high, solid wooden fence or masonry wall along the entire length (except for approved access crossings); said improvements are to be located outside any public right-of-way and interior to a minimum 50-foot landscape buffer with a minimum planting equal to Bufferyard Standard D in Appendix J.

(b)

Street-facing property lines shall require a minimum six-foot, wooden fence or masonry wall along the entire length (except for approved access crossings); said improvements are to be located outside any public right-of-way and interior to a minimum 20-foot landscape strip with a minimum planting equal to Bufferyard Standard C in Appendix J.

2.

Adjoining all properties used or zoned for other than residential/dwelling purposes:

(a)

Non-street-facing property lines shall be improved with a minimum six-foot high, solid fence or masonry wall along the entire length, interior to a ten-foot landscape strip with a minimum planting equal to Bufferyard Standard A in Appendix J.

(b)

Street-facing property lines shall be provided with a minimum 20-foot landscape strip or buffer as specified in Appendices E and J and a minimum six-foot high, wooden fence or masonry wall along the entire length (except for approved access crossings) located outside any public right-of-way and interior to any required landscape strips and/or buffers.

The Board of Zoning Appeals may permit nursing homes serving nine or more people may as a Special Exception in the R-4 and RMX Districts and nursing homes serving between one and eight people shall be permitted in the R-1, R-2, R-3, R-4, MH-1, and RMX Districts provided:

a.

Such use will not constitute a nuisance because of traffic, noise, or number of patients or people being cared for; that, except for buildings completed prior to the time of adoption of this section and additions thereto, such use will be housed in buildings architecturally compatible with other buildings in the surrounding neighborhood; and that such use will not adversely affect the present character or future development of the surrounding residential community in the opinion of the Board of Zoning Appeals or Planning Commission.

b.

Nursing homes permitted as Special Exceptions shall be developed in conformity with the following minimum area, density, coverage, frontage, setback, access, and screening requirements where specified:

1.

Total area: 20,000 square feet.

2.

Frontage: 50 feet.

3.

Setback: same as in the area regulations for the zone in which the care home or nursing home is proposed to be located.

4.

Minimum screening, as determined by the Board with special attention given to off-street parking and loading areas in accordance with Articles XVI and in no case less than Bufferyard Standard C as shown in Appendix E.

5.

The Board shall increase the number of off-street parking spaces required for nursing homes under Article XVII where the operation or method of operation, or type of care to be provided, indicates such increase will be needed.

The Board of Zoning Appeals may permit an Emergency Homeless Shelter for no more than ten people at a time as a Special Exception with Conditions in the I-1 and CG-2 zoning districts excluding shopping centers.

(a)

Such a use shall not constitute a nuisance of noise, or pan-handling.

(b)

Building and use shall meet all required building and fire codes set forth by Federal, State and Local Laws.

(c)

Shall not be within 500 feet of any residential zone, day care, school or congregation facilities.

(d)

A ten-foot buffer with a six-foot opaque fence shall be put in place when the property is adjacent to a residential zone (See Buffer Yard C).

(e)

Shelter shall be staffed at all times.

(f)

Transient Person (s) not allowed to stay for more than five consecutive days except during extreme weather conditions.

(Town Council Adopted on 4-8-2018)

Pet shops shall be permitted in the CC-1, CG-2, and RMX Districts provided that the actual store or premises in which the pet shop is located is at least 150 feet from any lot in any residential zone; that the proposed use shall not be incompatible with, or detrimental to, any existing uses on abutting lots in a CG-2, CG-2 or RMX District; that no animals may be kept for boarding; that no animals may be kept for breeding; that only animals for retail sale shall be maintained or kept on the premises; that all animal pens shall have glass enclosed fronts and each pen or cage shall be connected to any outside ventilating system or other appropriate air filtration system (this provision shall not apply to birds that may be maintained in bird cages). There shall be no space on the exterior of that building for the maintaining or for the use of the animals, and all animals shall be maintained within the pet shop.

a.

It is the specific purpose and intent of this Zoning Ordinance to allow accessory apartments through conversion of existing larger residential structures located in those zones permitting residential uses and to provide the opportunity and encouragement to meet the special housing needs of single persons and couples of low and moderate income, both young and old, as well as relatives of families currently residing in the Town of Tappahannock. It is furthermore the intent and purpose of this provision to allow the more efficient use of the Town's existing housing stock.

b.

Apartments that are accessory to the primary residence shall be permitted in the R-2, R-3, R-4 and RMX Districts provided:

1.

The owner of the residential dwelling unit in which the accessory apartment is to be located shall occupy at least one of the dwelling units on the premises.

2.

An accessory apartment may be located either in the principal dwelling unit or in an accessory building.

3.

The minimum floor area for an accessory apartment within a principal dwelling shall be 300 square feet but in no case shall it exceed 30 percent of the gross floor area of the dwelling in which it is located. For accessory apartments located in accessory buildings, the minimum floor area shall also be 300 square feet, there shall be no more than two bedrooms in the apartment and the apartment shall not occupy more than 50 percent of the accessory structure.

4.

There shall be no more than one accessory apartment permitted per existing single-family dwelling.

5.

If an accessory apartment is located in the principal dwelling building, the entry to such unit and its design shall be such that, to the degree reasonably feasible, the appearance of the building will remain as a single-family residential structure and that no external entrance that faces a road or street will be added.

6.

Off-street parking shall be provided in accordance with the standards and requirements of Article XVII.

The Board of Zoning Appeals may permit public utility buildings and structures not otherwise permitted, including radio and television broadcasting stations and towers (but not including electric power transmission or distribution lines carrying in excess of 69,000 volts), as Special Exceptions in all District provided:

a.

The Board of Zoning Appeals finds that:

1.

The proposed building or structure at the location selected is necessary for public convenience and service.

2.

The proposed building or structure at the location will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties.

b.

Public utility buildings in any permitted residential zone shall, whenever practicable, have the exterior appearance of residential buildings and shall have suitable landscaping, screen planting, and fencing, wherever deemed necessary by the Board of Zoning Appeals.

c.

Signs in connection with a public utility building or structure shall be governed by the provision of Article XVI of this Ordinance.

d.

Any proposed broadcasting tower shall have a setback of one foot from all property lines for every foot of height of the tower, provided that any broadcasting tower lawfully existing prior to the effective date of this Ordinance shall be exempt from the setback limitations imposed by this subsection and may be continued, structurally altered, reconstructed, or enlarged provided that no structural change, repair, addition, alteration, or reconstruction shall result in increasing the height of such tower above the then existing structurally designed height.

e.

In any residential zone, overhead electric power and energy transmission and distribution lines carrying in excess of 69,000 volts may be permitted where the Board of Zoning Appeals finds:

1.

The proposed use does not have an unduly adverse effect on the general plan for the physical development of the district as embodied in this Ordinance and in the comprehensive plan or portion thereof adopted by the Town Council;

2.

The proposed use will not adversely affect the health and safety of the residents or workers in the area;

3.

There is a public necessity for the proposed building, structure, or facility at the location selected; and

4.

The proposed use will have the least possible detrimental effect to the use of development of adjacent properties or the general neighborhood.

In making such findings, the Board of Zoning Appeals shall consider the following factors, and such other factors as the Board of Zoning Appeals may find to be necessary or important to effectuate its review:

(a)

Points at which the proposed line crosses heavily traveled highways or streets, or other arteries of transportation, either existing or proposed;

(b)

Proximity of the line to schools, churches, theaters, clubs, museums, fair grounds, or other places of assembly, either existing or proposed;

(c)

The amount and probability of low-level flying over the line and nearness of the line to airports and/or heliports, either existing or proposed;

(d)

Any fire hazard or interference with fire fighting equipment due to the location and construction of the proposed line;

(e)

Proximity of the line to public parks and recreational areas, either existing or proposed;

(f)

Effect upon property values of those who will not be compensated for a taking under the laws of the state;

(g)

The effect upon environmental quality and ecological balance of protected watersheds, planned open space between corridors of development and green belt areas surrounding satellite community development; and

(h)

Proximity of the line to historic sites and structures.

f.

In addition to the authority granted by this section, the Board of Zoning Appeals may attach to any grant of a special exception under this section other conditions that it may deem necessary to protect the public health, safety, or general welfare.

g.

Petitions for special exceptions under this section may be filed on project basis. A petitioner under this section shall be considered an interested person for purposes of filing a request for a special exception if he states in writing under oath that he has made a bona fide effort to obtain a contractual interest in the subject property for a valid consideration without success and that he intends to continue negotiations to obtain the required interest or, in the alternative, to file condemnation proceedings should the special exceptions be granted.

Retail sales and personal service establishments in an office building shall be permitted in the CC-1, CG-2 and RMX Districts subject to the following requirements:

a.

The establishments shall be primarily for the service of the tenants and employees of the building or group of buildings on the same lot or group of contiguous lots in common ownership or control.

b.

Such establishments shall occupy not more than 30 percent of the total floor area of the building or group of buildings.

c.

The establishments shall be so located and constructed as to protect tenants of the building from noise, traffic, odors, and interference with privacy.

Conversion of an existing detached single-family residence into a multi-family residence shall be permitted in the R-3 and R-4 Districts provided:

a.

The original single building contains at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

b.

There shall be no more than four units permitted per existing single-family dwelling.

c.

The appearance of the building will remain as a single-family residential structure and that no external entrance that faces a road or street will be added.

d.

Off-street parking shall be provided in accordance with the standards and requirements of Article XVII. Any additional parking required shall not be located in a required front yard.

Editor's note— Section 22-143.1 was deleted from the Zoning Ordinance (see Town Council minutes for November 13, 2012). The previous language stated: "The Board of Zoning Appeals may permit Duplex Residential Structures as a Special Exception in the R-3 District provided that it meets the Schedule of Zone Regulations set under Article X, Section XIII 22-162."

a.

Repealed. (see editor's note below)

b.

Multi-family structures shall be permitted in the R-4 District and may be permitted in the RMX District, subject to site plan approval.

(Town Council Amended on 11-13-2012)

Editor's note— Reference the Town Council Minutes for November 13, 2012 for impact on multi-family units in the R-3 District—an amendment deleted subsection a of this section (22-144), eliminating townhouses and multi-family structures from the R-3 district out of the chart, Article XIII Section 22-162.

Townhouses shall be permitted in the R-4 District and may be permitted by the Board of Zoning Appeals as a Special Exception in the RMX District provided:

a.

Both sides of rear yards shall be screened with a privacy type fence or hedge of six feet minimum height approved by the Zoning Administrator and extending not less than 15 feet from the rear building wall.

b.

A minimum of 800 square feet per townhouse lot shall be maintained in common open space areas exclusive of front, side, or rear yards in a location approved by the Zoning Administrator.

c.

All areas not occupied by buildings, roads, parking areas, service areas, or other required or permitted uses, including open spaces and usable recreation areas shall be landscaped by lawns, trees, shrubs, gardens, or other suitable ground cover.

d.

A landscaping plan and a schedule of planting shall be included with the site plan. Landscaping plans shall meet the requirements of the sediment control ordinance and other applicable regulations.

e.

Building requirements and relationship.

1.

Dwelling units per townhouse structure and length of structure. No more than eight dwelling units shall be contained in a townhouse structure.

2.

Setback between buildings. The minimum distance between any two unattached townhouse structures shall be 25 feet. The setback shall be increased to 60 feet if the townhouse structures are face to face. The point of measurement shall be the exterior walls of the structures and does not include balconies or other architectural features.

3.

Distance to service areas. No townhouse structure shall be closer than 20 feet to any interior driveway or closer than 15 feet to any off-street parking area excluding garages built into an individual townhouse unit.

4.

Code requirements. All structures shall comply with all Town, County and State Codes.

5.

All public ways or other common facilities within a townhouse cluster shall be maintained by the property owners within the townhouse cluster.

6.

A public way intended for pedestrian circulation shall be provided between abutting rear lot lines.

f.

Off-street parking shall be provided in accordance with the provisions of Article XVII of this Ordinance.

(Town Council Amended on 11-13-2012)

Editor's note— See editor's note at § 22-144.

Satellite dishes shall be permitted in the R-1, R-2, R-3, R-4, MH-1, CC-1, CG-2, I-1, RMX, and BP districts provided:

a.

Satellite dishes one meter and larger in size shall be located in the side or rear yard in the R-1, R-2, R-3, R-4, MH-1, RMX Districts and shall be governed by the proper site plan approval for the CC-1, CG-2, I-1, and BP Districts.

b.

Satellite dishes shall be located a minimum of five feet from all property lines.

c.

Satellite dishes shall not exceed any height limits as set forth in this ordinance.

d.

A landscape buffer may be required around a satellite dish if determined necessary by the zoning administrator.

e.

Zoning criteria for satellite dishes shall not supersede any covenants or regulations as provided for in any subdivision, manufactured home park or other development.

f.

Satellite dishes less than one meter in size are exempt from the provisions of this ordinance and may be located in any yard, or on any structure provided they can not receive an acceptable quality signal, in either the side or rear yard.

g.

Satellite dishes that are 18 inches and smaller in size are exempt from the provisions of this ordinance and may be attached to buildings in all zoning districts.

The Board of Zoning Appeals may permit a shop for furniture construction, finishing, refinishing, and assembly as a special exception subject to review and renewal annually in a CG-2 District provided:

a.

All saw dust, sanding dust, or other dust and any other waste materials from saws, planes, grinders, and etc. shall be collected by a vacuum system and stored within the building.

b.

All storage, sales, and work shall be conducted within an enclosed building.

c.

All exhaust systems shall be equipped with a filtering system.

d.

All exhaust systems shall be extended above the roofline.

e.

Any part of the building utilized for this use shall be located at least 100 feet from any Residential District.

f.

The intent of this use is to be small in character, therefore, this use is limited to not more than five employees and the building shall not exceed 5,000 square feet in gross floor area.

The Board of Zoning Appeals may permit a Tattoo Parlor or a School and Body Piercing Salon as a Special Exception subject to review in a CG-2 District.

a.

Shall adhere to all Federal, State and Local laws pertaining to regulating tattoo parlors and including schools and Body Piercing Salons.

(Town Council Adopted on 9-14-2009)

A mural shall be permitted by right in districts CC-1, CG-2, I-1, with a special exception in R-3 and R-4, and via a Historic Overlay Zoning Permit in the Historic Overlay District (HOZ) provided:

a.

Murals shall meet the following definition—An original, one-of-a-kind unique design or representation painted, drawn or projected with lights on a wall. which does not contain promotional or commercial advertising,

b.

The applicant shall obtain a zoning permit issued by the Town Zoning Administrator, or obtain a special exception as allowed by the Board of Zoning Appeals. When located within the Historic Overlay District, a Historic Overlay Zoning Permit, which will follow all requirements of Section 22-239, Historic Overlay Zoning Permits, and Section 22-240, Criteria for Review of Application and Permits for Alterations for Designated Historic Overlay Zone.

c.

In addition to obtaining a permit, all murals must minimally meet the following requirements:

1.

All mural applications shall contain an authorization by the owner of the wall or structure the mural will be painted on or affixed to and a draft of the proposed mural including color and specification of materials (e.g., paint, tile, etc.).

2.

Murals shall be applied using weather resistant paint or materials.

3.

Murals shall not be designed as to constitute or create a traffic hazard as determined by the Town Manager or designee in consultation with the Chief of Police.

4.

No part of a mural shall exceed the height of the structure to which it is painted on or affixed to.

5.

No part of a mural shall extend more than six inches from the plane of the wall upon which it is painted or affixed to.

6.

Murals shall be located on the side, corner side, or rear walls of the building, and not on its front wall, or on any of its decorative elements.

7.

No mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours).

8.

No mural shall obstruct the exterior surface of any building opening, including, but not limited to, windows, doors, and vents.

9.

Murals shall be maintained at all times. Repairs to a mural shall not require a new zoning application if the image or content of the mural does not or only minimally change. Failure to maintain a mural in good repair may result in notification by the Zoning Administrator and, if necessary, appropriate enforcement action by the Town.

10.

Murals shall not contain language or images that are obscene, profane, or defamatory, nor shall they include content that promotes hatred, discrimination, or violence against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic. Any mural found to contain such content shall be subject to immediate removal at the owner's expense.

11.

Murals advertising businesses, goods or services shall be considered a sign and require a sign permit pursuant to Section 22-179, [Permit Required for Signs].

(Town Council Adopted on 11-12-2024)

The operation of a mobile restaurant shall be allowed in conjunction with a special event permit in all Residential R-1, R-2, R-3, R-4, MH1 or Industrial zoning Districts, and shall be permitted by right in CC-1 Central Commercial and CG-2 General Commercial Districts subject to the following:

(a)

A copy of a valid health permit from the Virginia Department of Health stating that food truck operation meets all applicable standards. A valid health permit must be maintained for the duration of the permit. Verification of operation permit from the local or state fire marshal.

(b)

Written documentation of the consent of the owner(s) of the property or properties on which the food truck will be operated.

(c)

A sketch to be approved by the Zoning Administrator for each property, illustrating access to the site, all parking areas, routes for ingress and egress, placement of the restaurant, food truck, distance from the property lines, garbage receptacles and any other feature associated with the restaurant, food truck

(d)

Provide a valid driver's license and DMV registration for the mobile unit and operator.

(e)

Alcoholic Beverage Control Board (if applicable) License at time of application, and should be displayed in conformance with Virginia State Code Title 4.1. Alcoholic Beverage and Cannabis Control Subtitle I, Alcoholic Beverage Control Act

(f)

Parking and circulation requirements.

1.

Food trucks shall not park, with the intent of vending, in designated handicapped parking spaces. Food trucks shall not obstruct pedestrian or bicycle access or passage, impede traffic or parking lot circulation or create safety or visibility problems for vehicles and pedestrians.

2.

No parking space that satisfies a Zoning Ordinance parking requirement shall be converted into a parking space or vending area to accommodate a mobile food establishment.

(g)

Noise.

1.

Noise is regulated as per Town Code Chapter 22, Article II.

(h)

Signage.

1.

Signage that is permanently affixed to the food truck and one sandwich board sign not located within the right-of-way shall be permitted; however, flags, banners, flashing signs or other decorative appurtenances, whether attached or detached, shall not be allowed.

(i)

Trash and liquid waste disposal.

1.

Trash receptacles shall be provided, and all trash, refuse, or recyclables generated by the use shall be removed from the site by the operator at the end of the business day.

2.

No liquid waste produced or used in the operation of the food truck or food vending shall be allowed to be discharged from the food truck except into an approved sewerage system as permitted by law.

(j)

Lighting.

1.

No lighting shall be displayed on the exterior of the food truck. If a food truck is operating after dark, appropriate lighting may be used to illuminate the menu board and the customer waiting area adjacent to the vehicle. Such lighting shall not produce light trespass onto adjacent roadways or properties or into the night sky.

(k)

Other.

1.

Food trucks shall be parked at least 100 feet from any off-site residential dwelling or the main entrance of any existing off-site restaurant establishment.

2.

Unless otherwise approved by the Zoning Administrator, mobile food vending vehicles/carts shall be removed from any site when the on-premises establishment closes for the day.

3.

One ten-foot-by-ten-foot tent and one table, that fits underneath the tent may be utilized in conjunction with the food truck.

4.

Operation is limited to no more than two times a calendar year at any specific residential property in a residential district.

(Town Council Adopted on 5-12-2025)