The regulations of this article are intended to supplement the applicable zoning district regulations and the other development standards of this appendix in a manner that specifically addresses the unique development challenges of certain uses, facilities, and structures.

The supplementary regulations of uses, structures, and facilities as set forth in this article, shall apply in all zoning districts unless otherwise stated herein, and shall supplement the requirements of the applicable zoning district regulations and the other applicable standards of this appendix. The supplementary regulations are applicable to new development, redevelopment, or a change of use.

(a)

The standards listed as general standards shall apply in all zoning districts in which the use, structure, or facility is permitted by right or by special use permit.

(b)

Where a specific zoning district is indicated, the standards listed shall apply to that zoning district, in addition to any general standards listed for the use, structure, or facility.

(a)

Applicability. In order that the single-family character of the property be maintained and an accessory dwelling unit (ADU) remain subordinate to the principal single-family detached dwelling with which it is associated, such accessory dwelling units, where permitted by this appendix, shall be subject to the following standards:

(b)

General standards.

(1)

An accessory dwelling unit (ADU) shall be accessory only to a single-family detached dwelling, and shall be located on a lot that complies with the minimum area, dimensional, and lot coverage standards of the zoning district in which it is located.

(2)

The owner must reside on the premises, in either the principal dwelling or the accessory dwelling unit. If an owner will not reside on the property in a way that constitutes their principal residence, then the planning and zoning department must be informed and the owner will not be permitted to rent the accessory dwelling unit during that year.

(3)

An ADU may be used as a homestay unit if it is registered and actively permitted pursuant to the requirements and regulations set forth in section 5-13.

(4)

Only one ADU shall be allowed on any one lot or parcel.

(5)

An accessory dwelling unit may be located on a lot where it is permitted provided:

a.

The parcel meets the minimum lot size, dimensional, and coverage requirements of the zoning district it is located in.

b.

An ADU shall be located behind the front building line of the principal structure and comply with the minimum front yard setback requirements for the underlying zoning district.

c.

An ADU that is internal or attached to the principal structure shall comply with all applicable zoning requirements for a principal building within its underlying residential zoning district.

d.

A detached accessory dwelling unit in a separate freestanding structure shall comply with the applicable zoning requirements of the underlying residential zoning district and the development standards relating to accessory buildings in article VI.

(6)

Lots that are non-conforming with regard to minimum lot size requirement are eligible for an ADU provided that no additions or changes to the footprint of the existing structure occur. No freestanding structures can be used as an ADU in the case of such non-conformity, except for in the case of utilizing the second floor of a freestanding non-dwelling structure in existence as of April 1, 2022. In such cases, all applicable regulations of this section shall apply.

(7)

The property owner shall reside on-site, either in the principal dwelling or in the ADU, during times that the unit is available for rent.

(8)

Maximum floor area of the ADU:

a.

Measurement procedures. For the purpose of determining the size of an accessory dwelling unit, regardless of the definition in article XI, gross floor area includes the area of any basement or cellar having a structural headroom of seven feet or more, but does not include a garage.

b.

For attached or internal ADUs, the floor area of the ADU shall not exceed the lesser of 800 square feet or 40 percent of the finished floor area of a principal residential use to which it is associated; or

1.

The entirety of the basement or cellar may be used, up to the size of the basement or cellar as of April 1, 2022. Minimum floor area requirement still applicable.

c.

For detached ADUs in separate freestanding structures, the floor area of the ADU shall not exceed the lesser of 600 square feet or 40 percent of the finished floor area of a principal residential use to which it is associated; or

1.

The entirety of the second floor of an existing freestanding non-dwelling accessory structure, up to the size of the second floor area as of April 1, 2022. Minimum floor area requirement still applicable.

(9)

The minimum floor area of the ADU shall be 300 square feet.

(10)

An ADU shall have the same street address and mailbox as the principal single-family detached dwelling.

(11)

Not be subdivided or otherwise segregated in ownership from the principal single-family detached dwelling.

(12)

No commencement of use of an ADU shall occur until the property owner has an approved zoning permit from the Town of Vinton and any building permits have been issued for construction related to the accessory dwelling unit and the work completed and approved by the Roanoke County Office of Building Safety.

(c)

Development standards.

(1)

Detached ADUs are those which are not attached to the principal dwelling.

a.

Front and secondary front yard setback requirements are the same as those applied to the primary dwelling unit. An ADU is not allowed in front of the primary dwelling unit.

b.

Minimum side and rear yards for structures accessory to a residential dwelling use, including detached ADUs, shall be five feet.

c.

Minimum separation required from other structures is five feet.

d.

A detached accessory dwelling unit may be located over a garage, workshop, studio or similar structure or built as a freestanding cottage.

e.

First floor areas may be used as garages, limited access and limited storage.

(2)

All façades of an attached accessory dwelling shall have similar materials and architectural treatment that are balanced with the main building design and exterior elevation.

(3)

Exterior entrances to an accessory dwelling unit in a principal structure shall be located so as to appear as a single-family dwelling. The accessory dwelling unit entrance shall be located on the side or in the rear of the single-family residence.

(4)

One additional unobstructed parking space shall be required for the accessory dwelling unit.

(5)

An accessory building in which the accessory dwelling unit is located shall not be separately metered for utilities (water, sanitary sewer, gas, electric, etc.) from the principal single-family detached dwelling.

(6)

Use the same driveway as the principal dwelling, unless it is accessed from a right-of-way not used by the principal use (e.g., a rear alley or separate street access on a corner or through-lot).

(a)

Applicability. In any district in which an adult use is permitted, if such use constitutes an "adult use" as defined in this section, the minimum requirements and standards set out in this section shall apply to such use.

(b)

Definitions. For the purposes of this section, the following words and terms are defined as set forth below:

(1)

Adult entertainment establishment. An eating establishment, eating and drinking establishment, entertainment establishment, private club or similar establishment which features, on a regular basis, live performances involving persons who display specified anatomical areas or engage in specified sexual activities where such performances occur on more than one day in a 30-day period.

(2)

Adult bookstore. An establishment that devotes more than 15 percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or

b.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than 15 percent of the total floor area of the establishment to the sale of books and periodicals.

(3)

Adult drive-in-theatre. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" for observation by patrons.

(4)

Adult mini-motion picture theatre. An establishment, with a capacity of more than five but less than 50 persons, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

(5)

Adult model studio. Any establishment open to the public where, for any form of consideration of gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution which meets the requirements established in the Code of Virginia, for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

(6)

Adult motion picture arcade. Any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or specified "anatomical areas."

(7)

Adult motion picture theatre. An establishment, with a capacity of 50 or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown; and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

(8)

Adult use. Any adult bookstore, adult entertainment establishment, adult motion picture theatre, adult mini-motion picture theatre, adult motion picture arcade, adult model studio, adult drive-in theatre, or massage parlor, as defined in this appendix.

(9)

Massage parlor. Any establishment defined as a massage parlor by article XI of this appendix.

(10)

Specified anatomical areas:

a.

Less than completely and opaquely covered:

1.

Human genitals, pubic region;

2.

Buttock; and

3.

Female breast below a point immediately above the top of the areola; and

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(11)

Specified sexual activities:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse, or sodomy; and

c.

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(c)

Requirements and standards.

(1)

No adult use may be established within 1,000 feet of any other such adult use in any zoning district.

(2)

No adult use may be established within 500 feet of a residentially- zoned district (R-LD, R-1, R-2, R-3, R-B), nor within 500 feet of any property occupied by a church or other place of worship, public library, public or private school, educational institution, public park, playground, playfield, lodging house, tourist home, child day care center, hotel, or motel.

(3)

The establishment of an adult use as referred to herein shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or in part, of an existing business to any adult use.

(d)

Measure of distance.

(1)

All distances specified in this division shall be measured from the property line of one use to another. The distance between an adult use and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district.

(a)

Applicability. The supplemental regulations of this section shall apply to any animal hospital, veterinary clinic, pet shop, pet grooming service, boarding kennel, and/or pet day care facility that is completely enclosed permitted by this appendix, by right or by special use permit.

(b)

Standards.

(1)

All facilities shall be located within completely enclosed and air-conditioned buildings which are soundproof to the extent that sound produced by animals kept or treated therein are not audible outside of the building.

(2)

These supplemental regulations shall not prohibit the occasional use of outdoors areas for supervised animal relief.

(a)

Applicability. The supplemental regulations of this section shall apply to any animal hospital, veterinary clinic, pet shop, pet grooming service, boarding kennel, and/or pet day care facility with outdoor play yards, runs, pens, or training areas permitted by this appendix, by right or by special use permit.

(b)

Standards.

(1)

No facility may be established within 300 feet of a residentially zoned district (R-LD, R-1, R-2, R-3, and R-B).

(2)

Outdoor play yards shall be screened from view so as not to be visible from any public street or adjacent property.

(3)

Any outdoor play yard shall only be used between dawn and dusk for supervised exercise and training use. This shall not prohibit the occasional use of outdoor areas for supervised animal relief outside of these hours.

(4)

Overnight boarding shall be enclosed within a soundproof building.

(c)

Measure of distance.

(1)

All distances specified in this division shall be measured from the property line of one use to another. The distance between a property containing this type of facility and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district.

(a)

Applicability. The supplemental regulations of this section shall apply to any rooming house and/or boardinghouse permitted by this appendix, by right or by special use permit.

(b)

Standards in the R-3 residential district.

(1)

Minimum lot size: 10,000 square feet.

(2)

Minimum lot width: 50 feet in width.

(a)

Applicability. The supplemental regulations of this section shall apply to any commercial motor vehicle sales, rental, and service establishments, and recreational vehicle or boat sales and service establishments permitted by this appendix, either by right or by special use permit.

(b)

Standards in the M-1 limited industrial district and M-2 general industrial district.

(1)

No service or repair of vehicles or storage of inoperable vehicles shall be conducted outside a completely enclosed building;

(2)

Any such use located within 100 feet of a residential or R-B district shall be provided with screening as set forth in article VI of this appendix;

(3)

All areas for parking or display of vehicles shall be paved;

(4)

Outdoor activities related to the use shall not be conducted within five feet of any side or rear property lines, and all areas devoted to the parking, circulation or display of vehicles shall be separated ten feet from public street lines;

(5)

The storage or display of vehicles in the planting strip required in subsection 6-26(a) shall be prohibited;

(6)

The minimum lot area for such use shall be 20,000 square feet and the minimum lot width shall be 100 feet;

(7)

Outdoor lighting, if provided, shall be permanently affixed;

(8)

A permanent structure or structures meeting the requirements of the Uniform Statewide Building Code shall be provided for such use;

(9)

No newly constructed building shall be situated so that motor vehicle entrances to or exits from the building face a public street.

(a)

Applicability. The supplemental regulations of this section shall apply to any adult or child day care center permitted by this appendix, by right or by special use permit.

(b)

Standards in the R-3 residential district.

(1)

Minimum lot size: 10,000 square feet.

(2)

Minimum lot width: 50 feet in width.

(a)

Purpose. The following standards for drive-up facilities are intended to allow for such facilities in a manner that promotes public safety and efficient operation by addressing their unique challenges, such as the siting of the building, high volumes of traffic, vehicular access, and on-site circulation. The specific purposes of this section are to:

(1)

Minimize the negative impact of drive-through facilities created by additional traffic hazards from motor vehicles entering and existing the site;

(2)

Promote safer and more efficient on-site vehicular and pedestrian circulation;

(3)

Reduce conflicts between queued motor vehicles and traffic on adjacent streets; and

(4)

Minimize the negative impacts drive-through facilities create on abutting residential properties.

(b)

Applicability. The supplemental regulations of this section shall apply to any drive-up facilities permitted by this appendix, by right or by special use permit.

(c)

Definitions. For the purposes of this section, the following words and terms are defined as set forth below:

(1)

Access. A way or means of approach to provide motor vehicle or pedestrian entrance to or exit from a property.

(2)

Access connection. Any driveway, street, curb cut, turnout, or other means of providing for the movement of motor vehicles to or from the street network.

(3)

Stacking lane. An area of stacking spaces and driving lane provided for motor vehicles waiting for drive-through service that is physically separated from other motor vehicle and pedestrian circulation on the site.

(4)

Stacking space. An area within a stacking lane for a motor vehicle waiting to order or finish a drive-through transaction.

(d)

Standards.

(1)

Drive-up facilities shall provide a minimum number of stacking spaces on site in accordance with the standards below:

(2)

Each stacking space shall be a minimum of 20 feet in length and ten feet in width along straight portions. Stacking spaces and stacking lanes shall be a minimum of 12 feet in width along curved segments.

(3)

The minimum distance to any access connection for the site from the centerline of the final transaction window shall be 40 feet.

(4)

Stacking lanes shall be clearly identified and delineated from traffic aisles and parking areas by means of striping, curbing, landscaping, or the use of alternative paving materials or raised medians.

(5)

Entrances to stacking lanes shall be clearly marked and shall be located at a minimum of 40 feet from the intersection with the street. The distance shall be measured from the property line along the street to the beginning of the entrance. The entrance into the drive-through lanes shall not conflict with general access to the site.

(6)

Stacking lanes shall be designed so that they do not interfere with circulation both on site and on adjacent streets. Toward that purpose, stacking lanes shall be designed so they:

a.

Do not impede or impair access into or out of parking spaces;

b.

Do not impede or impair motor vehicle or pedestrian traffic movement;

c.

Minimize conflicts between pedestrian and motor vehicular traffic with physical and visual separation between the two; and

d.

Do not interfere with required loading and trash storage areas, and loading or trash operations shall not impede or impair motor vehicle movement. If separate stacking is curbed, an emergency by-pass or exit shall be provided.

(7)

Stacking lanes shall not enter or exit directly from or into a public right-of-way; however, the zoning administrator may eliminate and/or allow the use of a public alley standard based on specific conditions of the site.

(8)

The intersection of stacking lanes and walk-in customer access shall be a minimum of 20 feet from any access connections and transaction windows. Such intersections shall be provided with a crosswalk that uses alternative paving and striping and includes warning signage aimed at both the pedestrian and motor vehicle.

(9)

Speakers shall be located at least 50 feet from the property line of any residentially zoned property.

(10)

Menu boards associated with a permitted eating and drinking establishment, which shall not count toward freestanding sign allocations set forth in article VI, division 7, shall be a maximum of 50 square feet, with a maximum height of eight feet.

(a)

Applicability. The supplemental regulations of this section shall apply to any eating and drinking establishment, including breweries, micro-breweries, distilleries, and micro-distilleries, permitted by this appendix, by right or by special use permit.

(b)

Standards. Seating areas outside of enclosed buildings and intended for service to or consumption of food or beverages by patrons may be provided, but not within any public right-of-way, and provided that:

(1)

No deck, patio, terrace or other outside area for the service or accommodation of patrons shall be situated within 100 feet of any property in any residential or R-B district;

(2)

Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets;

(3)

No music or public address system shall be operated in a manner that sound produced is audible beyond the boundaries of the premises.

(a)

On a lot developed with a single-family dwelling or two-family dwelling, the height of a flagpole is limited to 30 feet. On a lot developed with a principal use other than a single-family dwelling or two-family dwelling, the height of a flagpole is limited to 60 feet.

(b)

Flagpoles, whether freestanding or attached to another structure, shall be located no closer than five feet from any front lot line or street line and are subject to the side and rear setback regulations for accessory structures in section 6-8.

(c)

A maximum of three flags are permitted per lot.

(d)

The town council may approve an increase in flagpole height in accordance with special use permit process.

(a)

Applicability. The supplemental regulations set out in this section shall apply to any homestay units permitted by this appendix, by right or by special use permit.

(b)

Registration and other requirements.

(1)

No host occupant shall operate a homestay or advertise a residential property for homestay use without first registering and obtaining a permit for homestay with the town.

(2)

The host occupant shall register with the department of finance to collect and remit the town's transient lodging tax and other applicable fees and taxes as set forth in chapter 86, taxation.

(3)

The registration shall be valid from January 1st (or from whatever date the registration first occurs) through December 31st of the calendar year, and shall be renewed annually.

(c)

Use regulations.

(1)

The dwelling shall be the principal residence of the host occupant.

(2)

Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed 14 days. The minimum contract rental period for the guest party shall be 24 hours.

(3)

The maximum number of adult guests in a homestay unit is limited to six and no more than five sleeping rooms can utilized during any one stay.

(4)

The principal guest of a homestay unit shall be at least 18 years of age.

(5)

No outdoor signs in conjunction with the homestay shall be displayed on the property.

(6)

No recreational vehicles, buses, watercraft, personal utility trailers, or recreational equipment trailers shall be parked on the adjoining street or on the property in conjunction with the homestay use.

(7)

The garbage and recycling collection schedule and guidelines shall be posted in a prominent location inside the dwelling.

(8)

The name and telephone number of the host or the host's designee shall be conspicuously posted within the homestay unit. The host shall answer calls 24 hours a day, seven days a week for the duration of each short-term rental to address any problems associated with the homestay unit.

(d)

Safety regulations.

(1)

There shall be a working fire extinguisher located in the kitchen.

(2)

The unit shall have working smoke alarms and carbon monoxide detectors meeting current Underwriters Laboratory standards that are continually inspected and maintained, and are installed as follows:

a.

In all sleeping areas.

b.

In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit.

c.

In each story within the sleeping unit, including basements.

(3)

Any sleeping area must have one other adequate method of egress beyond the entrance point.

(4)

As part of the registration process, the host shall certify that the homestay unit meets the requirements of this section. The registration forms shall also provide that, as part of the registration, the host is agreeing to permit inspections of the home (at reasonable times and after notice has been provided) during the initial registration process, subsequent annual registration renewals, and to address complaints. The failure to permit such an inspection is grounds for registration suspension.

(e)

Registration suspension or cancellation.

(1)

A registration may be suspended or cancelled for the following reasons:

a.

Failure to collect and/or remit the transient occupancy tax.

b.

Three or more substantiated complaints within a 12-month period for violations of the Vinton Town Code or the use regulations and safety regulations outlined in this section.

c.

The failure of any homestay host to maintain his or her principal place of residence or domicile at the dwelling unit used as a limited residential lodging.

(2)

Before any suspension or cancellation can be effective, a duly designated officer of the town shall give written notice to the homestay host. The notice of suspension or cancellation issued under the provisions of this appendix shall contain:

a.

A description of the violations constituting the basis of the suspension or cancellation;

b.

If applicable, a statement of acts necessary to correct the violation; and

c.

A statement that if no request for a hearing is made within ten days from the date of the notice, the registration will be suspended or cancelled;

(3)

The notice shall be given to the host by delivering a copy of the notice in person. If the host cannot be found, such notice shall be sent by:

a.

Certified mail or e-mail to the addresses in the registration form; and

b.

A copy of the notice shall be posted in a conspicuous place on the premises.

(4)

If requested, a hearing shall be held before the town manager or the town manager's designee. It is the burden of the host to demonstrate, by a preponderance of the evidence, why the suspension or cancellation should not go into effect. The decision of the town manager or designee may be appealed to the town council.

(f)

Penalty. It shall be unlawful to operate a homestay without registering as required by this article, after a registration has been suspended or cancelled or in violation of any other requirement of this article; the penalty shall be a fine of $1,000.00 per occurrence.

The following development standards shall be applicable to manufactured home parks in addition to the requirements set forth in article VIII of this appendix pertaining to special use permits:

(a)

Minimum site size: Five contiguous acres.

(b)

Maximum density: Six units per gross acre.

(c)

Minimum area of manufactured home space: 5,000 square feet.

(d)

Minimum dimensions of manufactured home space: 50 feet in width and 100 feet in length.

(e)

Street frontage. Every manufactured home park shall have not less than 200 feet of frontage on an improved public street. Each manufactured home space shall have frontage on and access to a public street or private street constructed in accordance with standards approved by the town council.

(f)

Yards.

(1)

Yards in general. No manufactured home or other building or structure shall be located within ten feet of a boundary of a manufactured home space.

(2)

Front yards. No manufactured home, accessory structure or other building or structure within a manufactured home park shall be located within 20 feet of an interior roadway or within 25 feet of any public street right-of-way.

(3)

Separation between manufactured homes. No manufactured home shall be located within 30 feet of any other manufactured home.

(g)

Buffer. A landscaped buffer area of not less than 25 feet in width shall be provided adjacent to all boundaries of a manufactured home park. Such buffer area shall not be occupied by any manufactured home space, building, structure, parking area, or improved area for active recreation purposes or roadway, other than an approved means of access to an abutting public street. Along exterior boundaries abutting properties other than public streets, such buffer area shall include continuous solid fencing or evergreen vegetative material not less than six feet in height with no openings to adjoining privately owned properties.

(h)

Recreation area. Every manufactured home park shall include within its boundaries areas for indoor or outdoor recreation purposes for common use by residents of the park. Such areas shall in the aggregate consist of not less than ten percent of the gross area of the manufactured home park.

(i)

Improvement requirements.

(1)

Sewer and water systems. Every manufactured home park shall be served by public sewer and public water systems connected to each manufactured home unit and each building or structure containing plumbing facilities.

(2)

Storm drainage. These improvements, if required, shall be done in accordance with the "Stormwater Management Ordinance of the County of Roanoke, Virginia," as amended, under the direction of the administrator of its Virginia Stormwater Management Program (VSMP).

(3)

Streets, roadways and parking spaces. Streets, roads and parking spaces shall be paved with dust free, all-weather hard surface material such as asphalt, asphalt and gravel seal coat, concrete, unit pavers or similar material. The width of private streets shall be not less than 20 feet. In any case where parking is situated along a street, additional width shall be provided as necessary to meet required parking space dimensions and to maintain a usable trafficway width of not less than 20 feet.

(4)

Traffic control. Signs shall be installed within a manufactured home park as needed for purposes of traffic control and safety.

(5)

Lighting. Lighting shall be installed along streets within a manufactured home park and adjacent to common facilities serving residents of the park.

(6)

Underground utilities. All utilities within a manufactured home park shall be installed underground, provided that waiver of this requirement may be recommended by the planning commission and approved by the town council when it is determined that soil or topographic conditions make such requirement impracticable.

(7)

Refuse facilities. Refuse containers of adequate capacity to meet the needs of all manufactured home units and common facilities shall be provided for the deposit and collection of refuse. Containers serving individual manufactured home units and containers serving common facilities within the manufactured home park shall be located or screened so as not to be visible from public or private streets or properties adjacent to the park.

(8)

Delineation of spaces. Each manufactured home space shall be clearly delineated with permanent markers at each corner and shall be identified with the space number as shown on the approved plans.

(j)

Installation of manufactured homes.

(1)

Completion of improvements. No manufactured home shall be installed until all required improvements have been completed and the zoning administrator has certified that all applicable requirements of this appendix and the approved special use permit are met.

(2)

Compliance with building code. All manufactured homes shall be anchored and installed in accordance with applicable requirements of the Virginia Uniform Statewide Building Code. A zoning permit shall be required for each manufactured home prior to installation.

(3)

Skirting. Skirting shall be installed and maintained around each manufactured home to conceal from view the frame, axles, wheels, crawl space and all utility connections. Skirting shall be constructed of weather resistant material and shall meet the requirements of the Virginia Uniform Statewide Building Code.

Cross reference— Manufactured homes and trailers, ch. 58.

(a)

Applicability. The supplemental regulations of this section shall apply to any mixed-use building permitted by this appendix, by right or by special use permit.

(b)

Standards in the GB and CB districts.

(1)

Dwelling units shall be located above the first floor of the building or to the rear of other permitted uses.

(2)

Dwelling units shall be designed as an integral part of a building or group of buildings.

(c)

Additional standards in the R-B residential-business district.

(1)

Non-dwelling uses permitted by right in this district may be located in the same building as a permitted dwelling use, provided that applicable building code and fire safety requirements are met and lot area requirements for the dwelling use are met. Areas used for parking and related access aisles and driveways for non-dwelling uses shall not be included in calculating required lot area for any dwelling use.

(2)

Lots containing a mixed-use building shall not have more than two dwelling units.

(a)

Applicability. The supplemental regulations of this section shall apply to any motor vehicle sales and service establishments permitted by this appendix, whether by right or by special use permit.

(b)

Standards.

(1)

No service or repair of vehicles or storage of inoperable vehicles shall be conducted outside a completely enclosed building;

(2)

Any such use located within 100 feet of a residential or R-B district shall be provided with screening as set forth in article VI of this appendix;

(3)

All areas for parking or display of vehicles shall be paved;

(4)

Outdoor activities related to the use shall not be conducted within five feet of any side or rear property lines, and all areas devoted to the parking, circulation or display of vehicles shall be separated ten feet from public street lines;

(5)

The storage or display of vehicles in the planting strip required in subsection 6-26(a) shall be prohibited;

(6)

The minimum lot area for such use shall be 10,000 square feet, and the minimum lot width shall be 100 feet;

(7)

Outdoor lighting, if provided, shall be permanently affixed;

(8)

A permanent structure or structures meeting the requirements of the Uniform Statewide Building Code shall be provided for such use;

(9)

No newly constructed building shall be situated so that motor vehicle entrances to or exits from the building face a public street.

(10)

No sale, service, repair, or storage of recreational vehicles or watercrafts shall occur in conjunction with such use.

(a)

General standard. All painting or body repair activities associated with any motor vehicle or trailer painting and body repair establishment permitted by this appendix, as of right or by special use permit, shall occur in a wholly enclosed building.

(b)

Additional standards in the GB district. In addition to the general standard set forth in subsection (a), above, a motor vehicle or trailer painting and body repair establishment in the general business district (GB) shall be subject to the following regulations:

(1)

There shall be no outdoor storage of damaged motor vehicles or trailers, equipment, parts, or other materials; and

(2)

The minimum gross floor area of the building shall be not less than 10,000 square feet.

(c)

Additional standards in the M-1 and M-2 district. In addition to the general standard set forth in subsection (a), above, a motor vehicle or trailer painting and body repair establishment in the limited industrial district (M-1) or general industrial district (M-2) shall be subject to the following regulations:

(1)

The lot area shall contain a minimum of 20,000 square feet; and

(2)

The outdoor storage area shall be accessory to a building on the same lot and shall have a maximum area of no greater than 80 percent of the gross floor area of the building.

(a)

Applicability. The supplemental regulations of this section shall apply to any multifamily dwelling permitted by this appendix, by right or by special use permit.

(b)

Standards in the R-3 residential district.

(1)

Minimum lot size: 12,000 square feet.

(2)

Minimum lot width: 100 feet in width.

(3)

Side yard setback: 25 feet.

(4)

Yards between buildings on the same lot: Where two or more buildings devoted to dwelling use are located on the same lot, yards shall be provided between such buildings as follows:

a.

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

b.

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

c.

A yard of not less than 30 feet shall be provided where building walls facing one another contain no windows, or where corners of buildings are located at 90-degree angles to one another and no building wall faces directly opposite another building wall.

(5)

Maximum density: Shall not exceed 24 dwelling units (du) per gross acre.

(6)

Shall be served by both public sewer and public water systems.

Outdoor display areas, where permitted by this appendix as accessory uses, shall comply with the following standards:

(a)

Such outdoor display area shall be located on the same lot as the principal use and shall be customarily incidental to the principal use;

(b)

Such outdoor display area shall be limited in square footage to 15 percent of the area of the principal building;

(c)

The maximum height of stacked displayed merchandise in such outdoor display area shall be limited to six feet;

(d)

All outdoor display of merchandise shall be located immediately adjacent to the front or side of the principal building, and not in drive aisles, loading zones, fire lanes, or parking lots.

(e)

Such outdoor display area shall be furnished with a surface material such as asphalt or concrete; and

(f)

Merchandise shall not be placed or located so as to interfere with pedestrian or building access or egress, required vehicular parking and handicap parking, drive aisles, site access or egress, loading spaces or access thereto, public or private utilities, drainage systems, fire lanes, alarms, hydrants, standpipes or other fire protection equipment, or emergency access or egress.

(g)

An obstruction-free area at least five feet wide shall be maintained through the entire length of the display area or between it and adjacent parking areas so as to allow pedestrians and handicapped persons to safely and conveniently travel between parking areas or drive aisles to the building and along the front and side of the building, without having to detour around the display area.

(h)

Merchandise shall not encroach into required setbacks, buffer yards, or the public right-of-way, except for vehicle display areas addressed in section 5-8 and section 5-16.

Outdoor lighting, provided as accessory to any use or to illuminate any parking area, sign or similar device, shall be located, directed or shielded so as not to shine directly on or to result in glare on nearby properties or to create a potential traffic hazard on adjacent streets as a result of glare or similarity to or confusion with traffic signals, warning lights or lighting on emergency vehicles. The exterior of a building, structure or portion thereof shall not be illuminated by outlining such with lights, except for purposes of temporary seasonal decoration or illumination of display windows of permitted businesses.

Where permitted by this appendix, outdoor storage shall comply with the following requirements:

(a)

Outdoor storage areas shall not be located in any required yard, in any area included in the calculation of required open space, or in any required off-street parking spaces, vehicular or pedestrian access, or landscaped areas.

(b)

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

(c)

Outdoor storage areas shall be situated on an improved surface as identified in section 6-39(a) or on a gravel or similar surface. The zoning administrator may require a development plan including satisfactory specifications for a sub-base, and the size, tamping, and containment of gravel and documentation that dust will not be generated in an amount in excess of that which would be generated by a paved surface or permeable pavement system prior to approval.

(d)

Storage of bulk material, including, but not limited to, sand, gravel, mulch or soil shall be contained on site to prevent material deposition into or upon public or private streets or alleys, any adjacent properties, or storm drainage system or waterway. Such containment shall be shown on a development plan submitted to the zoning administrator for approval and shall be in place prior to commencement of the storage activity.

(e)

Areas devoted to outdoor storage of materials, supplies, equipment or outdoor servicing, truck loading and unloading, trash collection or similar activity shall not be located within any required yard, and shall be screened from all adjacent streets and properties by buildings or by solid structural or vegetative screening material not less than six feet in height. Structural and vegetative screening shall follow the standards for buffer yard planting and screening set forth in article VI, division 5.

(a)

All recreational vehicles, watercraft, personal utility trailers, and recreational equipment trailers shall be parked in a rear yard, a side yard behind the front line of the main building and not within the required side yard, or inside of a completely enclosed garage or building. In the instance of a corner lot that fronts on two streets, each yard that fronts a street shall be considered a front yard.

(b)

A recreational vehicle, watercraft, utility trailer, or recreational equipment trailer may be parked in front of the main building for a period not exceeding 120 hours for maintenance, loading and unloading purposes, provided that such motor vehicle or equipment shall:

(1)

Be licensed for the current year;

(2)

Be at least 15 feet from the front property line;

(3)

Not cause a site visibility problem for motorists;

(4)

Not be over 32 feet in length or nine feet in height;

(5)

Not be parked in front of the main building for more than a total of 120 hours in a 14-day period.

(c)

A recreational vehicle, watercraft, utility trailer, or recreational equipment trailer may not be inhabited for a period exceeding 24 hours.

(a)

No truck or commercial vehicle, as defined in article XI of this appendix, nor any utility trailer when used for commercial purposes, shall be parked or stored outside of a completely enclosed building in a residential district, except while being used to perform a service on the premises.

(b)

No construction machinery or equipment shall be parked or stored in a residential district unless such machinery or equipment is incidental to construction activity occurring on the premises with an active building permit.

(c)

Any commercial vehicle or trailer covered by this section may be parked on the property for a period not exceeding 48 hours for the purposes of performing a service on the premises, provided that such vehicle or trailer shall:

(1)

Be at least 15 feet from the front property line;

(2)

Not cause a site visibility problem for motorists.

(d)

These provisions shall not apply to vehicles being used in conjunction with agricultural use of the premises.

(e)

These provisions shall not apply to a property within the R-B residential business district if the property is used for commercial purposes. These provisions will apply to home occupations.

Cross reference— Licenses, § 86-246 et seq.; parking generally, § 90-101 et seq.

The raising and keeping of livestock, including private stables, permitted by this appendix shall be subject to the following standards:

(a)

Standards in the R-LD residential district.

(1)

Minimum lot size: Two acres in area, provided that not more than one animal per acre shall be kept on lots of less than five acres.

(2)

No pen or structure for the keeping of livestock, other than grazing areas, shall be located within 100 feet of any side or rear lot line.

(a)

Applicability. The supplemental regulations of this section shall apply to any research and development facility permitted by this appendix, by right or by special use permit.

(b)

Standards.

(1)

No exterior odor, dust, noise, or other objectionable impacts shall be produced as a result of the use;

(2)

Where appropriate to protect adjacent uses, hours of operation may be restricted.

(a)

Applicability. The supplemental regulations of this section shall apply to any boutique retail store or shop permitted by this appendix, by right or by special use permit.

(b)

Standards in the R-B residential-business district.

(1)

The maximum gross floor area dedicated to a boutique retail use for an individual business within a building shall not exceed 2,500 square feet;

(2)

Shall not include fuel pumps or the selling of fuel for motor vehicles;

(3)

Shall not include the selling of tobacco products, nicotine vapor products, alcoholic beverages, or lottery tickets or shares;

(4)

Shall not include a use that offers the sale of antiques as its principal activity. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old.

No satellite dish antenna, guy anchorage or other support for a satellite dish antenna shall be located in any required front yard or side yard along a street or within three feet of any interior side or rear property line. No ground-mounted satellite dish antenna, together with its structural support, shall exceed a height of 20 feet. All satellite dish antennas and structural supports shall be installed in accordance with applicable requirements of the Virginia Uniform Statewide Building Code.

(a)

Applicability. The supplemental regulations of this section shall apply to any tourist home permitted by this appendix, by right or by special use permit.

(b)

Standards in the R-3 residential district.

(1)

Minimum lot size: 10,000 square feet.

(2)

Minimum lot width: 50 feet in width.

The following development standards shall be applicable to all townhouses permitted by this appendix, by right or by special use permit:

(a)

Density and lot area. The density of a townhouse development shall not exceed 12 units per gross acre in the development site. Lot areas for individual townhouses shall be not less than 1,800 square feet for interior lots and 2,500 square feet for end lots.

(b)

Minimum lot width. Individual townhouse lots shall be not less than 18 feet in width from center of wall to center of wall for interior lots and from center of wall to outside face of the end wall for end lots.

(c)

Front yard. A front yard of not less than 25 feet shall be provided adjacent to public streets. A front yard of not less than 20 feet shall be provided adjacent to common parking areas, drives, streets and other areas.

(d)

Side yard. A side yard of not less than 15 feet shall be provided at each end of a series of townhouse units, except that a side yard of not less than 30 feet shall be provided adjacent to the boundary of a development site.

(e)

Rear yard. A rear yard of not less than 25 feet shall be provided for each townhouse unit, except that a rear yard of not less than 40 feet shall be provided adjacent to the boundary of a development site.

(f)

Location of accessory buildings. No accessory building shall be located in any required front or side yard. An accessory building not exceeding ten feet by ten feet may be located in any rear yard.

(g)

Number of contiguous units. Not more than ten townhouse units shall be attached in a series or continuous row. Variations in the setbacks and architectural treatment of the facades of townhouses attached in a series shall be provided so that no more than four contiguous units have the same setback and architectural treatment.

(h)

Height limit. No townhouse unit shall exceed a height of 35 feet. No accessory building shall exceed a height of 15 feet.

(i)

Sewer and water. All townhouses shall be served by public sewer and public water systems.

(j)

Street frontage and common areas. Every townhouse development shall have frontage on and access to an improved public street. Individual townhouse lots within a development site may front on private streets, drives, parking areas or other common areas owned and maintained by a homeowners' association, provided that street design and construction standards are approved by the zoning administrator and town engineer in accordance with town policies. Suitable easements, covenants and restrictions providing for access to all lots and maintenance of all streets, access drives, parking areas, open spaces and other common facilities owned by a homeowners' association shall be approved as to form by the town attorney and recorded.

(a)

Applicability. The supplemental regulations of this section shall apply to any two-family dwelling permitted by this appendix, by right or by special use permit.

(b)

Standards in the RB district. Any two-family dwelling located in the residential business district (RB) shall be subject to the following standards:

(1)

Two-family dwellings shall be located on lots of not less than 12,000 square feet and 75 feet in width, except as provided in section 4-5 of this division.

(c)

Standards in the R-2 and R-3 districts. Any two-family dwelling located in the R-2 and R-3 residential districts shall be subject to the following standards:

(1)

Two-family dwellings shall be located on lots of not less than 12,000 square feet in area and 75 feet in width.

(a)

Applicability. The supplemental regulations of this section shall apply to any vehicle storage or impoundment lot permitted by this appendix, by right or by special use permit.

(b)

Standards.

(1)

There shall be no storage of any damaged, inoperative, or impounded motor vehicles or trailers for a period exceeding 120 calendar days, unless documentation is provided that is satisfactory to the zoning administrator evidencing that such a damaged, inoperative, or impounded motor vehicle or trailer is the subject of an ongoing law enforcement or insurance investigation or is the subject of a proceeding being pursued as expeditiously as possible by the establishment operating on the property.

(2)

Service and towing vehicles used for the operation of the establishment may also be stored on the property.

(3)

This use shall not include the dismantling, wrecking, repair, or sale of any motor vehicles or trailers or their parts.

(4)

The outdoor storage areas for this use shall be screened in such a way that they are not visible from surrounding properties or roads. The screening requirements for such areas dedicated to this use are set forth in article VI, division 5.

(5)

Outdoor activities related to the use shall not be conducted within five feet of any side or rear property lines, and all areas devoted to the storage, parking, or circulation of vehicles shall be separated ten feet from public street lines.

(Ord. No. 1058, 7-16-2024)