The standards in this Article 5A apply to all new construction, additions, and alterations with respect to any commercial, industrial, and mixed uses, as listed in Article 3, in any zone or district.

1.

The developer of any lot shall dedicate land along the lot frontage for sidewalk, curb, and gutter improvements as shown on the adopted Town Pedestrian Plan. Dedication of such improvements shall be in accordance with the standards set forth in this Chapter.

2.

The developer of any lot that fronts an existing street shall dedicate land, construct a sidewalk, and connect said new sidewalk to the existing adjacent sidewalks, if any. Such new sidewalk shall be constructed in accordance with the standards set forth in the Public Facilities Manual.

3.

Upon application by the developer to the Town, the Town Council designates the Director of Public Works to waive, in exceptional circumstances, in consultation with the Town Attorney and Town Manager, in his or her discretion, the construction of such new sidewalk and permit the deposit of designated funds for such construction in accordance with Article 6, Division 6.

1.

Any material change in the appearance of a building, structure, or site visible from public places (rights-of-way, plazas, squares, parks, government sites, and similar) and located in the Architectural Control Overlay District require review and approval by the Board of Architectural Review. See § 18-821 for Certificate of Approval process.

2.

Material change in appearance shall include construction; reconstruction; exterior alteration, including changing the color of a structure or substantial portion thereof; demolition; or relocation that affects the appearance of a building, structure or site. It shall also include any alterations of a building using lights that are placed in a configuration to outline the architectural features of the building, including, but not limited to, windows, doors, parapets and fascia. Such proposed changes must be submitted as an exterior modification before construction or installation may occur.

1.

Accessory structures are allowed only in connection with, incidental to, and on the same lot with a principal use or structure that is permitted.

2.

Accessory structures on lots used for commercial, industrial, and mixed uses may include the following:

A.

Drive-up or walk-up structures not connected to the principal structure.

B.

Sheds and similar storage structures.

C.

Gazebos, and similar structures.

D.

Green houses.

E.

Other similar structures as determined acceptable by the Zoning Administrator.

3.

No accessory structure may be used for dwelling purposes.

4.

The principal use shall take place primarily in the principal building(s), and accessory structures shall only contain uses subordinate to the principal use.

5.

All accessory structures must comply with the maximum height regulations applicable in the zone or district where they are located, except as may be qualified by another subsection of this Chapter. See Article 2, § 18-212 for the measurement of accessory structures.

6.

No accessory structure shall be located within any platted or recorded easement, except as expressly agreed to in writing by the easement owner. The applicant who is submitting for a building permit to construct an accessory structure shall be responsible for correctly identifying any easements and the ownership of those easements on the site plan.

1.

Accessory structures shall have a side and rear yard setback of at least three (3) feet and a front yard setback of at least fifteen (15) feet.

2.

In AC, AE, AW, GS, CS, NM and T districts and zones accessory structures that are intended for public use may be located in any yard. Sheds, storage and other service-oriented structures may not be located in the front yard and must be shielded as much as is practical from the view from the public right-of-way.

3.

In M and CP district, accessory structures are permitted in any yard.

1.

All accessory structures must comply with the maximum height regulations applicable in the zone or district where they are located, except as may be qualified by another subsection of this Chapter.

2.

Accessory structures in the CM District may be of greater height than the principal structure, provided such greater height is approved by the Town Council after obtaining a report and recommendation from the Planning Commission.

3.

See Article 2, § 18-212 for measurement of accessory structures.

See Chapter 19, Swimming Pools for standards and required permits.

1.

Common open space, including any required screening, shall be conveyed to a nonprofit corporation, organized and operated under the laws of the commonwealth.

A.

The owner or developer shall present, with the site plan, a copy of the articles of incorporation of such corporation, its bylaws, and an adequately financed plan with effectuating agreements and covenants acceptable to the Town assuring the development and maintenance of the common open space.

B.

The membership of such nonprofit corporation shall consist of all of the individual lot owners of the development.

2.

The following describes and depicts acceptable types of open space for development. These types of open space may be combined.

Expand

1. Open Lawn Area Open lawn areas are informal areas for passive use bounded by roads or front facing lots. Tree plantings can be informal and the topography irregular. Greens may be used to preserve specimen trees.		FIGURE 5A.1. Example open lawn area.
2. Playgrounds Playgrounds shall be designed with commercial grade play equipment. Playgrounds must meet all federal, state, and local regulations and be compliant with the Americans with Disabilities Act, 1990.		FIGURE 5A.2. Example playground.
3. Gazebos and Other Shade Structures Freestanding structures which are covered by a roof and open air on all four sides.		FIGURE 5A.3. Example gazebo.
4. Common Area/Courtyard An open space that may be improved and landscaped and is usually surrounded by streets and buildings.		FIGURE 5A.4. Example courtyard.
5. Hardscaping and Landscaping Hard surface areas located on the ground that consist of pavers, stone, or other natural materials, along with fountains, and mixed with landscape materials, such as shrubs, trees, and grasses.		FIGURE 5A.5. Example hardscaping and landscaping.
6. Outdoor Recreational Facilities An area designed and equipped for the conducting of sports and leisure-time activities, such as pools and sport courts.		FIGURE 5A.6. Example outdoor recreation facility.
7. Pet Areas An area designed for pets to exercise and play off leash in a controlled environment under the supervision of their owners.		FIGURE 5A.7. Example pet area.

 

1.

Location, number and size.

A.

Only one satellite antenna, which may not exceed fourteen (14) feet in diameter, may be erected or installed on any one building lot in the Town regardless of the zone in which it is located.

B.

Any such antenna shall be located only in the rear yard of such lot no closer than fifteen (15) feet to any side or rear lot line nor less than ten (10) feet from the rear of a principal building; provided, however, that in lieu of any such antenna in a rear yard, one (1) satellite antenna four (4) feet or less in diameter may be suitably mounted to the roof area of a building.

C.

Corner Lot. No satellite antenna on any corner lot shall be erected forward of the building line of any adjoining lot nor closer than fifteen (15) feet to the side of such adjoining lot.

D.

Height limitation. No satellite antennae mounted in any such yard shall exceed eighteen (18) feet measured vertically from the highest point of the signal receiving apparatus, when positioned for operation, to the bottom of the base which supports the satellite antenna, except any antenna which pursuant to this section may be located and suitably mounted to the roof of a building.

2.

Mounting and Screening.

A.

Ground mounting. All satellite antenna shall be ground-mounted pursuant to all requirements of the building code after securing the proper building permits, and shall be sufficiently secured to withstand a 100-year windstorm, with the exception of any such antenna four (4) feet or less in diameter, which is otherwise permitted by this section to be mounted to the roof area of a building.

B.

Screening. All ground-mounted satellite antenna over four (4) feet in diameter shall be screened from adjoining properties by a wooden or masonry fence of six (6) feet in height or by a living screen of evergreen plantings not less than five (5) feet in height at the time of planting, planted no more than five (5) feet on center and of a variety which will mature to a height of at least six (6) feet. All such fences or plantings shall be fully and properly maintained during such time as the antenna being screened shall remain in such location.

See Chapter 17.

(Ord. of 4-29-2024(1), § 1)

1.

All parking lots shall include a landscaping strip along the entire perimeter of the parking lot of at least five (5) feet in width. The landscaping strip may include breaks for bicycle, pedestrian, and vehicle access, and shall include the following:

A.

One (1) canopy or understory tree per thirty-five (35) feet of linear footage; and

B.

Three (3) large shrubs, which are of a type that are able to reach at least three (3) feet in height within three (3) years of planting, per twenty-five (25) feet of linear footage.

2.

One (1) interior landscaping island shall be provided for every ten (10) parking spaces. If a lot has multiple interior landscaping islands, the interior landscaping islands must be evenly distributed throughout the parking lot.

3.

Each interior landscaping island must consist of a minimum of two hundred (200) square feet, a minimum width of eight (8) feet, at least one (1) tree per 150 square feet of parking island area.

4.

No parking space shall be more than seventy (70) feet away from the trunk of a shade or canopy tree.

5.

Parking rows must have terminal islands located at both ends of each row.

6.

Interior islands may be installed below the level of the parking lot surface to allow for the capture of stormwater runoff.

FIGURE 5A.8. Parking lot landscaping standards diagram.

1.

Required Planting Buffer. The following table sets forth the required screening buffer width between properties:

A.

When a screening buffer is required, a combination of understory trees, canopy trees, and shrubs shall be included on the proposed development's site along the property line as follows:

B.

All plantings and trees must be permanently maintained in good growing condition and replaced with new plant materials, when necessary, to ensure continued compliance with applicable landscaping and/or buffer yard requirements.

2.

Wall Required Adjacent to Residential.

A.

All land zoned AC, AE, AW, CS, GS, M, NM or T on which any commercial, industrial, or mixed use is conducted shall be screened from all adjacent single-unit detached and multi-unit attached residential zones.

B.

Required screening shall be a six (6) foot tall masonry wall constructed of brick or other ornamental masonry of equal acceptable aesthetic quality along the boundary adjacent to the less intensive use.

C.

The six (6) foot height of the wall shall be measured from the grade level on the residential side of the wall.

D.

If an alley or public utility easement is abutting in between land that would require a wall and residential property, the wall shall still be required.

3.

Modification of Wall Requirement. The Town Council may waive or modify the requirement for any masonry wall or walls required by this section if in the judgment of the Council such wall or walls would not protect the residential property against loss of privacy, trespass by persons or vehicles, or intrusion of noise or trash, or other impacts attributable to activities conducted on the subject multi-unit attached residential lot. See Article 8, § 18-830 for application information.

4.

Required Maintenance of Buffer and Screening. Required screening shall be maintained as shown on the approved site plan. Removal or replacement of screening, fences, and walls with a different material or design shall require an amendment of the site plan. See Article 8, § 18-836 for application procedures.

(Ord. of 2-24-2025)

1.

Applicability.

A.

The provisions of this section shall apply to all construction, substantial reconstruction, or replacement of fences or walls not required for support of a principal or accessory structure, and to any other linear barrier intended to delineate different portions of a lot.

B.

Temporary fences for construction sites and tree protection are exempted from these standards but shall comply with the requirements of the Uniform Statewide Building Code.

2.

Location and Height.

A.

Fences or walls related to a private property shall not be placed in the public right-of-way.

B.

Fences and walls are permitted adjacent to the property line between two or more parcels of land.

C.

Fences and walls may be located within any required yard.

D.

Fences shall be a maximum of six (6) feet in height within the area of any required yard setback, with the following exceptions:

i.

Fences on residentially zoned properties shall not exceed four (4) feet in height between the front of the principal building and street.

ii.

Fences must comply with site triangle standards. See § 18-514.

iii.

Fence height in the front yard may be increased to six (6) feet maximum, provided it is approved as part of a conditional use permit for the use.

iv.

Fences used for security and protection of Town and/or government facilities, structures and/or utilities, may exceed the height restriction set forth in this Article.

E.

Building setbacks, as described in Article 2, shall apply to all retaining walls five (5) feet or greater in height and to all decorative walls four (4) feet or greater in height.

F.

Decorative walls shall follow the same height limits set for fences.

3.

All fences shall have the finished side facing the street and the properties that are adjacent or abutting.

4.

Fence Materials. Use of barbed wire, razor wire, concertina wire and/or other security enhancement devices is prohibited except for security protection of Town and/or government facilities, structures and/or utilities if approved by resolution of the Town Council. Such resolution shall be based upon the recommendation of the Director of Public Works and Chief of Police and upon a finding by the Town Council that such measures are necessary in the interest of public safety and security for such facility, structure and/or utility.

On any corner lot in a non-residential zone or district at the intersection of two streets, no building or obstruction shall be permitted within eight feet of the intersection of the extension of the two street lines.

The purpose and intent of this division is to regulate exterior lighting to:

1.

Provide security for persons and land;

2.

Ensure all exterior lighting is designed and installed to maintain adequate light levels on site; and

3.

Ensure that adjacent lands, neighboring areas, and motorists are protected from excessive light spillage and glare.

1.

General. Unless exempted in accordance with § 18-517, the standards in this division apply to:

A.

All new development;

B.

All new lighting fixtures and replacement fixtures; and

C.

Any extension, enlargement, or reconstruction of a building, structure, or parking lot, but only regarding the extended, enlarged, or reconstructed portions of the building, structure, or parking lot.

2.

Existing Non-Conforming Lighting. Outdoor lighting fixtures lawfully existing before the effective date of this Chapter (See § 18-108), that do not conform to the provisions of this section are deemed to be a lawful nonconforming use and may remain. Whenever a nonconforming lighting fixture is replaced, the new fixture must conform to the provisions of this section.

The following exterior lighting is exempt from the regulations of this ordinance:

1.

Lighting required and regulated by the Federal Aviation Administration, or any other authorized federal, state, or local government agency;

2.

Emergency lighting used by police, fire, or medical personnel, or at their direction;

3.

Lighting required by applicable building codes such as lighting for exit signs, stairs, and ramps, to the extent that such lighting is unable to comply with these standards;

4.

Underwater lighting used for the illumination of swimming pools and fountains; and

5.

Temporary holiday lighting displayed for a period not exceeding forty-five (45) consecutive days.

The following outdoor lighting is prohibited:

1.

Lasers, searchlights, strobe lights, and blinking lights, excluding temporary holiday lighting;

2.

Low-pressure sodium and mercury vapor light sources.

1.

Exterior lighting must consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated and not to exceed the boundary of the property.

2.

Only incandescent, LED, fluorescent, metal halide, or color-corrected high-pressure sodium lighting sources may be used. The same light source type shall be used for the same or similar types of lighting on any one site throughout any development.

3.

Directional control shields must be installed, maintained, and used to limit stray light and protect motorists and pedestrians from glare.

4.

Use of motion sensors is encouraged.

5.

Spotlighting used to illuminate landscaping, flags, statues, signs, or any other objects must be aimed and shielded to confine light to the object and not violate any of the other requirements of this section.

6.

Lighting on any property abutting a property that is residentially zoned and developed, vacant, or homeowner's association open space, including light poles located on top of any parking structure, must be equipped with supplemental opaque shielding on the residential property side of the lighting fixture to reduce glare caused by direct light source exposure.

Maximum luminance levels shall not exceed 0.5 foot-candles at the property boundary.

1.

To ensure compliance with the standards of this section, a lighting plan demonstrating how exterior lighting will comply with the standards of this section shall be included as part of every development approval application that includes changes to or additions of lighting fixtures.

2.

The Zoning Administrator may require evidence that the applicant is able to conform to the standards of this section. The Zoning Administrator may require the applicant to submit, at the expense of the applicant, reports or the certified results of tests with respect to any current or proposed operation of the use that is involved in relation to conformity to such standards, which reports or tests must be made by a competent laboratory or other agency.

Parking lot lighting shall comply with the following:

1.

Parking lot lights shall be a maximum height of fifteen (15) feet.

2.

Parking lot lights may be located in any yard.

3.

Fixtures shall be mounted in such a manner that the cone of light is contained on-site and does not cross any property line.

Pedestrian light fixtures shall comply with the following:

1.

Light fixtures for sidewalks, walkways, trails, and bicycle paths, shall provide at least 1.2 foot-candles of illumination, but not exceed 2.0 foot-candles.

2.

Pedestrian bollard lamps shall be mounted no higher than four feet above grade.

1.

No application for a building permit, use permit, or occupancy permit shall be approved unless at least the minimum off-street parking requirements are accommodated either on site or off site in accordance with the requirements herein.

2.

Required off-street parking spaces are to be made available to and provided for the use of the occupant or occupants and, if applicable, employees, patrons or customers of such uses.

3.

Accessible parking spaces shall be provided in off-street parking facilities as required by Americans with Disabilities Act (ADA), 1990 Standards for Accessible Design.

4.

Required parking for all principal and accessory uses must be maintained at all times, consistent with all site plans and permits.

At any time that a required parking area shall cease to be available for such use, except as a result of government action, the occupancy or use permit for the principal use to which such parking area is appurtenant shall be revoked and declared null and void, until such time as other acceptable off-street parking space is provided.

1.

There shall be no parking between the building setback line and the street line within the AC, AE, AW, CS, GS, M, NM, and T districts and zones.

2.

All automobile parking areas must be set back at least five (5) feet from side yard property lines.

3.

Drive aisles are not permitted between the principal structure closest to the public street and the street.

4.

No private parking area or garage on a corner lot shall be constructed beyond the building line of any adjoining lot, nor be located nearer than five (5) feet to the sideline of such adjoining lot.

1.

Ingress and egress to a public street shall be provided by means of entrances and exits meeting the specifications and maintaining a width of not less than twenty-five (25) feet nor more than thirty-five (35) feet at street right-of-way line.

2.

All spaces in parking lots shall be provided with bumper guards, as deemed necessary by the Director of Public Works, in order to:

A.

Protect buildings from vehicular bumpers,

B.

Protect public sidewalks from overhanging bumpers,

C.

Prevent vehicles from rolling down embankments or onto adjacent property, and

D.

Provide protection against other hazards peculiar to the topography or site development of a particular parcel of ground.

1.

All driveways and parking areas shall be constructed of permanent materials, which consists of asphalt, concrete, or grid paver surface, meeting the specifications of the Town.

2.

Other permeable surfaces that are permanent may be proposed but are subject to the approval of the Zoning Administrator and the Director of Public Works.

3.

Gravel or grass shall not be permitted surface treatments used for parking.

1.

All garage or other permissible space allocated for the parking of vehicles within buildings or in basements or on the roofs of buildings, shall be considered part of the required off-street parking requirements.

2.

When calculating the number of parking spaces required, any fraction greater than or equal to one-half (0.5) will be rounded up to the nearest whole number, and any fraction less than one-half (0.5) will be rounded down to the nearest whole number.

3.

For purposes of computation under this Chapter, one compact automobile parking space shall be eight feet wide by sixteen (16) feet long.

4.

All off-street parking spaces and adjacent aisles provided in compliance with the requirements of this article shall at least conform to the following minimum dimensions:

Expand

Minimum Standard Parking Spaces and Aisle Width Dimensions
A. Parking Angle (degrees)	B. Stall Width (in feet)	C. Stall Length (in feet)	D. Aisle Width, One-way/Two-way (in feet)
0 (parallel)	8	22	16/22
45	9	19	16/20
60	9	20	18/20	A - Parking Angle B - Stall Width C - Stall Length D - Aisle Width
90	9	18	23/23

 

Off-site parking may be approved subject to the following:

1.

All required parking areas shall be located on the site or conveniently nearby, not more than 400 feet in distance from the principal structure or use.

2.

The use of off-site parking provided in nearby properties must not conflict with the operation or the use of that property.

3.

Any off-site parking will require approval of the Town Council and a recorded agreement with the property owner where the off-site parking will be provided. This off-site parking agreement(s) shall include an illustration of off-site parking spaces along with a count of spaces being made available for the use.

Minimum required off-street parking spaces required by use are listed in the table below:

(Ord. of 2-24-2025)

1.

Stacking spaces must be designed so that they do not impede pedestrian or vehicular circulation on the site or along any abutting street.

2.

All required stacking spaces must be a minimum of eighteen (18) feet in length.

3.

The geometric design of the stacking aisle, including but not limited to the radius and width of the travel aisle, is subject to the approval of the Board of Zoning Appeals.

4.

Minimum stacking spaces required.

Loading areas shall meet the following standards:

1.

Minimum loading spaces required.

A.

Where a given use or building contains a combination of uses, loading facilities must be provided on the basis of the sum of the required spaces for each use.

B.

If there is uncertainty with respect to the amount of loading space required by the provisions of this Ordinance as a result of an indefiniteness as to the proposed use of a building or land, the maximum requirement for the general type of use that is involved governs.

C.

Where the required number of loading spaces is not set forth for a particular use, and where there is no similar type of use listed, the Zoning Administrator will determine the basis of the number of spaces to be provided.

D.

Minimum loading spaces required by use are listed in the table below:

2.

Required dimensions of loading space.

A.

Minimum twenty-five (25) feet in depth;

B.

Minimum fifteen (15) feet in width; and

C.

Minimum fifteen (15) feet in height, if located within a building.

3.

Location.

A.

All required off-street loading spaces must be located on the same lot as the use served.

B.

Loading spaces may not be located in a required front setback.

C.

Loading areas must not interfere with the free circulation of vehicles in any off-street parking area.

4.

When an existing structure or use is expanded, accessory off-street loading spaces must be provided in accordance with the minimum requirements for the entire structure or use, as expanded or enlarged.

5.

Required off-street loading areas may not be used to satisfy the space requirement for any off-street parking facilities.

1.

Minimum bicycling parking spaces required by use are listed in the table below:

2.

Both short-term and long-term bicycle parking shall be located in visible, well-illuminated areas that do not impede or conflict with automobile, pedestrian, or bicycle traffic.

3.

Short-term bicycle racks shall comply with the following:

A.

Short-term racks shall include inverted "U" bicycle racks and circular bicycle racks or acceptable variations as determined by the Zoning Administrator with recommendation from the Director of Public Works..

B.

Bicycle racks that are located parallel to each other shall be at least three (3) feet apart and shall allow bicycles to be locked on both sides without conflict.

C.

Bicycle racks that are located in a linear configuration shall be at least five (5) feet apart.

D.

Bicycle racks shall be securely anchored and shall be easily usable with u-locks and cables.

E.

Bicycle racks shall be spaced at least two (2) feet from walls, curbs, pavement edges, or other structures.

4.

Long-term bicycle racks shall comply with the following:

A.

Long-term bicycle racks, which are intended for overnight parking, and longer, shall be covered and weather resistant.

B.

Long-term bicycle racks may include, but are not limited to, covered bicycle racks that meet the standards of short-term bicycle racks; or bicycle lockers or bicycle racks that meet the standards of short-term bicycle racks and are located within a parking structure or other enclosed structure.

C.

Bicycle lockers shall be anchored in place and have an opening clearance of at least seven (7) feet.

D.

Long-term bicycle racks must be located no more than one hundred (100) feet from the building entrance that the bicycle rack is intended to serve.

(Ord. of 2-24-2025)

1.

If dumpsters are used for refuse disposal, then each dumpster shall be located on a concrete pad with minimum dimensions of twenty (20) feet by twelve (12) feet and shall be enclosed by adequate walls or opaque fencing that is a minimum of one (1) foot taller than the container, and no taller than eight (8) feet.

2.

No enclosure may be located in any required front yard, street side yard, required parking area, required landscaping area, or any other area required by law to be maintained.

3.

The enclosure may consist of a solid wood fence, masonry (non-CMU) walls, or combination thereof.

4.

Said areas shall protect refuse from dispersal by wind or other cause, must be kept free of litter and refuse overflow, and shall be well drained.

5.

Refuse disposal areas shall be located such that access is unobstructed and the areas are fully accessible to collection equipment, public health inspection, and fire inspection personnel without impeding traffic or encroaching upon required parking spaces.

6.

Reference Chapter 13A for additional requirements for refuse storage and collection.

1.

All rooftop equipment (such as air handling units, exhaust fans, and other mechanical systems and equipment) shall be placed as close to the middle of the roof as possible, to maximize the likelihood that the equipment will not be visible from the right-of-way or from adjacent properties.

2.

All rooftop equipment on any building shall be fully screened from view from the right-of-way and adjacent properties by use of screening material that is consistent with the material found on the building façade.

3.

Mechanical equipment located on the ground should be screened, whenever possible, with fencing, walls, mural wraps, and/or landscaping.

1.

All utility services including, but not limited to, all wires, cables, pipes, conduits, and appurtenant equipment carrying or used in connection with the furnishing of electric power, telephone, telegraph, cable television, petroleum, gas, steam, water or sewer systems shall, after the effective date of the ordinance from which this section is derived, be placed below the surface of the ground; provided that:

A.

Equipment such as electric distribution transformers, switchgear, meter pedestals, and telephone pedestals, which are normally installed above ground in accordance with accepted utility practices for underground distribution systems, may be so installed; and

B.

Meters, service connections, and similar equipment normally attached to the outside wall of the premises it serves may continue to be so installed.

2.

Existing overhead utility services to any building, accessory building, or structure erected prior to the effective date of the ordinance from which this section is derived may remain overhead when repaired, replaced, or increased in capacity.

3.

All improvements herein required shall be constructed in accordance with accepted standards of utility practice for underground construction.

4.

Whenever relocation of utility facilities is compelled by any construction undertaken by any unit of government, the provisions of this section may be waived by the Town Council.

1.

The intent of this division is to control all signs within the Town, to ensure that they are appropriate for their respective principal uses and in keeping with the appearance of the affected property and surrounding environment, and to protect the public health, safety, morals and general welfare. In addition, the intent of this article is to:

A.

Encourage good design in the context of the overall image and visual environment of the Town;

B.

Protect property values; enhance the appearance of the business and industrial community;

C.

Stimulate the economic vitality of the Town, encourage a business atmosphere that continues to attract new enterprises to the Town, encourage trade within the Town, and to appropriately inform consumers;

D.

Ensure that signs are adequate, but not excessive;

E.

Prohibit the erection of signs in such numbers, sizes, designs and locations as may create danger to the public by obscuring road signs or by unsafely diverting the attention of motorists;

F.

Prohibit signs which are likely to create unsafe conditions because of unsound structures or unsuitable locations;

G.

Avoid excessive competition for placement of signs, so that permitted signs provide identification, direction, information and advertising while minimizing clutter and unsightliness.

2.

The general premise for the control of signs includes legibility, the effective display of information, the safety of passing traffic, and the coordination of signs with buildings, landscaping and other elements of the visual environment. In particular, signs should be designed and constructed as follows:

A.

For maximum legibility, considering viewing, location and traffic conditions.

B.

For size and dimensions, signs should be related to the frontage and setback of the building.

C.

The setback and size of signs should give a fair exposure to all commercial buildings in a given area.

D.

Signs should be integrated with the architecture of the buildings to which they relate, and with the nearby landscaping.

1.

This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. This article shall allow a noncommercial message to be automatically displayed, whenever a commercial message is allowed to be displayed. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article, which can be given effect without the invalid provision.

2.

A sign placed on land or on a building for the purpose of identification, protection, or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this article is to establish limitations on signs in order to ensure they are appropriate to the land, building, or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests.

3.

These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.

4.

This Article does not apply to any sign placed in a public right-of-way and does not authorize or prohibit placement of any sign there.

5.

Exclusions. The following are not considered signs per this ordinance. Features not considered signs are excluded from the calculation of sign area.

A.

Federal, state, and local flags.

B.

Street address signs.

C.

All displays less than 1.5 square feet in area.

1.

How to Measure Sign Area and Dimensions. See § 18-903 for information.

2.

How to Apply Permitted Sign Area.

A.

Sign area for permanent building-mounted and ground-mounted signage is determined by the length of the building frontage.

B.

All sign types count towards either the ground-mounted sign area or the building-mounted sign area.

C.

No single tenant in a multi-tenant building or site may exceed the sign area of the width of the tenant frontage without approval from the landowner or building manager.

1.

Certain sign types may be illuminated as indicated herein. The type of lighting depends on the sign type and on the zone or district in which it is located as set forth herein.

2.

No sign shall be illuminated if it is located on a building frontage within fifty (50) feet of a property line adjoining a residentially zoned property or a public alley that separates commercial/industrial districts and residential zones.

3.

All external light sources for signage should be shielded and down-facing, and the light shall be so directed that only the face of the sign is illuminated.

4.

Sign illumination permitted by zone or district are as follows:

✓ = Permitted X= NOT PERMITTED

FIGURE 5A.9. Sign illumination examples.

1.

All ground-mounted sign structures must be set back from the right-of-way a distance that is at least equal to the sign height.

2.

Signs must meet the height restrictions of § 18-514, Sight Triangle.

1.

All permanent sign types are required to be reviewed by the Board of Architectural Review and shall not be permitted or constructed until the Board of Architectural Review issues a Certificate of Approval. See § 18-821 for review procedure.

2.

Signs exempted from review by the Board of Architectural Review:

A.

Signs that meet the requirements of a Master Sign Plan that has previously been approved by the Board of Architectural Review, and

B.

Temporary signs, as described in § 18-547.

The following signs are prohibited in all zones and districts:

1.

Signs and/or sign structures that are erected on any property without the express written permission of the property owner or their authorized agent(s).

2.

Signs that are a public nuisance for, without limitation, reasons of amplified sound, smoke, vapor, particle emission or objectionable odors.

3.

Moving or rotating signs, flags, pennants, streamers, balloons, or similar devices that involve motion or rotation of any part or display.

4.

Signs with electronic messages; changeable copy; changing color(s); flashing, blinking, or oscillating effects; that imitate movement through lighting effects; or that use video display of any kind. Exception: As expressly permitted herein or for fuel station pricing signs in which prices are displayed continuously, with occasional changes.

5.

Any exposed-tubing lighting arrangement, except that:

A.

Signs of more than 1.5 square feet in total area and consisting of exposed tubing that were in existence as of August 19, 1991, may continue in operation only so long as they remain in good operating condition and provided that they are not replaced or altered in any manner whatsoever. For the purposes of this section, the term "replaced" shall mean the removal of an existing lighting arrangement and its substitution with any other type as defined herein; and the term "altered" shall mean the process of changing, enlarging, extending, or reducing the existing lighting arrangement.

B.

Any business establishment may have one or more signs with exposed-tubing lighting if the total area does not exceed 1.5 square feet, with the condition that the sign is not moving or blinking.

6.

Portable signs. Signs located on trailers, wheels, or affixed to a vehicle intended for advertising. Exception: Business-related vehicles parked on-site with valid tags and registration.

7.

Signs that contain words, pictures, or statements that are obscene.

8.

Signs placed in the right-of-way without the expressed consent of the Town. See Town Code § 10-28.1.

9.

Signs of any type shall not be erected upon the roof of any building, except on the sides of a mansard-type roof.

1.

Signs must be covered or removed once a property is abandoned or once the use for which a sign has been created and installed is no longer occupying the relevant site. See Article 9, § 18-855.6.

2.

All signs and sign structures shall be maintained in good repair and in a safe and secure condition. A sign or sign structure found by the zoning administrator or their designee to be unsafe or insecure may be deemed a public nuisance, subject to the removal provisions of this Chapter.

3.

All signs and sign structures shall be kept in a neat, clean and presentable condition, such that each sign information item is clearly legible. A sign found by the zoning administrator or their designee to show clear evidence of deterioration, including rust, faded colors, discoloration, holes and missing parts or information items, may be deemed a public nuisance, subject to the removal provisions of this Chapter.

1.

Permanent signage is permitted for commercial, industrial, and mixed uses in all zoning districts.

2.

Ground mounted signs.

A.

Total maximum aggregate sign area permitted for ground mounted signs for all commercial, industrial, and mixed uses in all zones and districts are as follows:

B.

Maximum height of ground mounted signs for all public, institutional, and community uses in all zone or districts are as follows:

C.

Number of Ground Mounted Signs Permitted by Type in all zones and districts:

i.

Properties located in AC, AC-O, AE, AW, CS, GS, NM:

ii.

Properties located in other zones and districts:

3.

Building mounted signs.

A.

Total maximum aggregate sign area permitted for building mounted signs for all public, institutional, and community uses in all zones and districts are as follows:

B.

Number of Building Mounted Signs Permitted by Type in all zones and districts:

i.

Properties located in AC, AC-O, AE, AW, CS, GS:

ii.

Properties located in other zones and districts:

1.

Temporary signs are permitted for commercial, industrial and mixed uses as follows:

2.

Other Regulations for Temporary Signage.

A.

Temporary signs must be constructed of durable weather resistant materials.

B.

Moving or unsecured signs are prohibited.

C.

Banners and non-rigid signage must be affixed to a building or frame so that they shall not move with the wind or function as a flag.

D.

Non-commercial signs (construction, for sale, rent, or lease) shall not exceed five (5) feet in height.

E.

Temporary yard signs shall not exceed four (4) feet in height.

F.

Damaged, faded, or torn temporary signs must be removed.

G.

Signs must not block pedestrian access ways.

H.

All temporary signs must be located on private property, and may only be posted with the permission of the property owner.

I.

Unauthorized signs are to be removed by the property owner or tenant.

3.

Church Street Vision Overlay. Temporary window signs in the Church Street Vision may not cover more than ten percent of any window area in which it is placed. Temporary window signs may not stay up for more than 30 days at one time and there may be no more than four such signs posted in any one calendar year.

4.

Temporary Sign Types.

A.

A-Frame.

i.

All signs must be clear of pedestrian pathways on private property.

ii.

A-Frame signs are to be displayed only during a business's operating hours.

iii.

A-Frame signs may not be placed in the right-of-way.

B.

Banners. Banners must be affixed to a flat surface such as a building, railing or a solid frame to remain static.

C.

Window.

i.

Window signs must be affixed to the interior of windows.

ii.

Damaged or faded window signs must be removed.

D.

Yard signs. Yard signs must be constructed of durable, weather resistant materials.

(Ord. of 2-24-2025)

All uses in a CP District shall operate in conformance with the limitations set forth in each subsection below:

1.

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line; nor shall any vibration produced exceed 0.002g peak measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.

2.

Noise.

A.

All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency, or shrillness.

B.

In no event shall the sound-pressure level of noise radiated continuously from a facility at nighttime exceed at the lot line the values given in Table 1 (set out hereafter) in any octave band of frequency.

C.

However, where the lot line adjoins or lies within twenty-five (25) feet of the boundary of a residence district, the sound-pressure levels of noise radiated at nighttime shall not exceed at the lot line the values given in Table 2 (set out hereafter) in any octave band of frequency.

D.

The sound-pressure level shall be measured with a sound level meter and an octave bank analyzer that conform to specifications published by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, N.Y. and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards, Inc., New York, N.Y. shall be used for measurement.)

E.

If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections in Table 3 shall be added to or subtracted from each of the decibel levels given above in Table 1 or Table 2.

3.

Smoke. There shall not be discharged into the atmosphere from any source of emission whatsoever any air contaminant for a period or periods aggregating more than three minutes in any one hour which is:

A.

As dark or darker in shade than that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or its equivalent; or

B.

Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in paragraph 3A of this standard.

4.

Combustion contaminants.

A.

There shall not be discharged into the atmosphere from any single source of emission combustion contaminants (excluding condensed steam) in any state or combination thereof exceeding at the point of discharge 0.3 grains per cubic foot of gas calculated to twelve (12) percent carbon dioxide at standard conditions.

B.

Where process weight falls between figures stated, values of allowable discharge per hour shall be interpolated. Process weight is defined as total weight of raw materials entering process (not weight of finished product). Solid fuels charged are considered as part of process weight, but liquid and gaseous fuels and combustion air are not. In continuous operation, average rate of feed is used. In batch operation, total batch weight divided by operating time of a batch cycle determines process weight per hour.

5.

Particulate matter.

A.

There shall not be discharged in any one hour from any sources whatsoever, except as provided in subsection 4 of this section, particulate matter, excluding condensed steam, in total quantities in excess of the amount shown in the preceding table.

B.

When the process weight is in excess of 60,000 pounds per hour, there shall not be discharged in any one (1) hour from any source whatsoever dust or fumes in excess of 0.066 percent of the hourly process weight.

6.

Threshold values. There shall not be discharged into the atmosphere any contaminant for which threshold limit values are listed for working atmospheres by the American Conference of Governmental Industrial Hygienists in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property shall at any time exceed the threshold limit.

7.

Exceptions. Subsections 3, 4, 5, and 6 of this section do not apply to:

A.

Fire set by any officer, employee, or firefighter in the course of his official duty, for the purpose of weed abatement, the prevention of fire hazard, or the instruction of public employees in the methods of firefighting or research relating to the prevention and control of fires.

B.

Agricultural operations in the growing of crops or the raising of fowl or animals.

8.

Odors.

A.

There shall not be discharged or permitted to escape into the atmosphere, odors which shall be offensive to the public or which endanger public comfort, repose, health, or safety.

B.

The intensity of offensive odors shall be determined at the property line adjacent to the source in the manner described in "Air Pollution Abatement Manual," Chapter 5, Table 3; Manufacturing Chemists' Assn., Washington, D.C. 1951.

9.

Electromagnetic radiation. The following standards shall apply:

A.

It shall be unlawful to operate or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes which does not comply with the then current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies, and government-owned plants, the regulations of the Interdepartmental Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission or the Interdepartmental Radio Advisory Committee regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation, harmonic content, modulation, or energy conducted by power or telephone lines.

B.

The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply:

i.

American Institute of Electrical Engineers,

ii.

Institute of Radio Engineers, and

iii.

Electronic Industries Association.

C.

Recognizing the special nature of many of the operations which will be conducted because of the research and educational activities, it shall be unlawful for any person to operate or cause to be operated, to maintain or cause to be maintained any planned or intentional source of electromagnetic energy, the radiated power from which exceeds 1,000 watts, without the express approval of the Town. Further, it is required that any person intending to operate or cause to be operated, to maintain or cause to be maintained, any planned or intentional source of electromagnetic energy, the radiated power from which exceeds ten watts, shall file, at least 30 days prior to such operation, a description of the radiating device and the operating characteristics thereof with the Town.

D.

Electromagnetic interference. For the purpose of these regulations, electromagnetic interference shall be defined as electromagnetic disturbances which are generated by the use of electrical equipment other than planned and intentional sources of electromagnetic energy which interfere with the proper operation of electromagnetic receptors of quality and proper design. It shall be unlawful to operate or cause to be operated any source of electromagnetic interference, the radiation or transmission from which exceeds the maximum values tabulated below (kc = kilocycles; mc = megacycles):

* kc = kilocycles

**mc = megacycles

* kc = kilocycles

**mc = megacycles

E.

Method of measurement.

i.

For the purpose of determining the level of radiated electromagnetic interference, standard field strength measuring techniques shall be employed. The maximum value of the tabulation shall be considered as having been exceeded if at any frequency in the section of the spectrum being measured, the measured field strength exceeds the maximum value tabulated for this spectrum section.

ii.

For purposes of determining the level of electromagnetic interference transmitted or conducted by power or telephone lines, a suitable, tunable, peak reading, radio frequency voltmeter shall be used. This instrument shall, by means of appropriate isolation coupling, be alternately connected from line to line and from line to ground during the measurement. The maximum value of the tabulation shall be considered as having been exceeded if at any frequency in the section of the spectrum being measured, the measured peak voltage exceeds the maximum value tabulated for this spectrum section.

10.

Fire and explosion. All activities and all storage of flammable explosive materials at any point shall be provided with adequate safety and firefighting devices in accordance with the Fire Prevention Code of Fairfax County.

11.

Radioactive materials. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall be in conformance with the regulations of the Atomic Energy Commission as set forth in title 10, chapter 1, part 20, Standards for Protection Against Radiation, as amended, and all applicable regulations of the state.

12.

Glare and heat. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line shall be permitted. These regulations shall not apply to signs or floodlighting or parking areas otherwise permitted by this chapter. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line

13.

Non-radioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in accordance with the regulations of the Town, the County of Fairfax, Virginia, and the state water board, as applicable.