(a)

Visibility at intersections. On a corner lot nothing shall be erected (except street signs, utility poles or traffic signs), placed, planted or allowed to grow in such manner as to impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street centerline of such intersecting streets and a line joining the street centerlines at a distance of 75 feet from the point of intersection. This subsection also applies to signs.

(b)

Fences. No fragile, readily flammable material, such as paper, cloth or canvas, shall constitute a part of any fence, nor shall any such material be employed as an adjunct or supplement to any fence. Fences shall not exceed a height of six feet, as measured from the topmost point thereof to the ground or surface, along the centerline of the fence, in a commercial or residential zone, except on corner lots as set forth in subsection (a). Fences surrounding industrial sites, public playgrounds, institutions or schools may not exceed a height of 14 feet.

(c)

Erection of more than one principal structure or conducting of more than one use on lot. The district regulations are designed to permit one permitted use or structure on a lot in residential districts. However, in other districts, more than one permitted principal use may be conducted on a single lot, but not more than one principal structure and accessory buildings, unless otherwise stated.

(d)

Exceptions to height regulations. The height limitations contained in the district regulations do not apply to the following:

(1)

Spires, belfries, cupolas, silos, barns, antennas, water tanks, ventilators, chimneys or other similar appurtenances.

(2)

Structures, including, but not limited to, rooftop heating, electrical, and mechanical equipment, or elevator returns, which are necessary for, or in connection, with the proper operation of a building in accordance with USBC requirements; provided that no such structure, equipment or elevator return measures more than ten feet in height above the building. The provisions of this paragraph shall not preclude open-air space on a building rooftop from being used accessory to the primary use of the building. The provisions of this paragraph do not apply to the area designated as the town historic district.

(e)

Buildings to have access. Every main building erected or moved shall be on a lot fronting on a street, and all buildings shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(f)

Lot area and lot width for lots not served with public water or sanitary sewers. Where a lot is not served by a public water supply or sanitary sewerage system and any state or local statute or ordinance in force or the health official requires a higher standard for lot areas or lot width than this chapter, the more restrictive regulations shall apply.

(g)

Front yard exceptions. When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zoning district, the front yard required for the unimproved lot may be reduced to a depth equal to the average of the two adjoining lots; provided, that this provision shall only apply in such cases where the improved lots in question are improved as of December 1, 1977. For the purposes of this section, an unimproved lot shall be the same as a vacant lot, and an improved lot shall be one on which a principal building is erected. In no case shall a front yard be reduced by more than 50 percent of the required front yard for that district.

(h)

Projections into yards. The following projections shall be permitted into required yards in commercial and industrial districts and shall not be considered in the determination of yard size or lot coverage:

(1)

Terraces, patios or open porches; provided, that such terraces, patios or open porches are unroofed or otherwise unenclosed and are not closer than five feet to any adjacent lot line.

(2)

Open balconies for fire escapes; provided, that such balconies or fire escapes are not supported on the ground and do not project more than five feet into any yard or closer than three feet to any adjacent lot line.

(3)

Projections into yards in residential districts. Unenclosed structures may extend 15 feet into a required rear yard and five feet into a front yard, provided that the structure floor is not constructed higher than the finished floor elevation of the primary entrance to the dwelling unit. For the purposes of this section an unenclosed structure shall mean a structure with no side enclosure (other than the side of the main building where attached) that is more than 18 inches in height exclusive of screens.

(4)

Uncovered handicap ramps projecting into yards in any district may be granted a waiver by the town manager if in his review the town manager finds the projection is necessary to accommodate said handicap ramp.

(i)

Widening of highways and streets. Whenever there shall be plans in existence, approved by either the state department of transportation or by the town council, for the widening of any street or highway, the commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Code 1968, § 29-75; Ord. of 9-3-96(3); Ord. of 9-2-97(2); Ord. of 5-6-2008; Ord. of 5-3-2022(1); Ord. of 5-3-2022(2))

Cross reference— Fire prevention and protection, ch. 30.

(a)

Intent. Under certain unique circumstances a small-scaled commercial activity may be an appropriate use within a residential dwelling. The standards and procedure for establishing such uses are intended to limit the scope and nature of such uses and insure compatibility with the adjoining properties.

(b)

General standards.

(1)

Home occupations shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change its character as a residence. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited.

(2)

No equipment or process shall be used in a home occupation which creates noise in excess of 60dB(A) measured at the property line, or vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls.

(3)

There shall be no outside storage of goods, products, equipment, or other materials associated with the home occupation, nor shall these materials be stored inside an accessory structure. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site.

(4)

The maximum floor area permitted for a home occupation shall be 25 percent of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed five percent of the finished floor area.

(5)

One person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation.

(6)

The street address of the home occupation may be used in advertisements.

(7)

One sign, per the provisions of section 90-383(1) of this article.

(8)

The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. In addition, the lot or property on which the home occupation is conducted shall not have any parking spaces added to it during the time the home occupation is being conducted.

(9)

The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes.

(c)

Bed and breakfast establishments. Bed and breakfast establishments shall be considered a permitted home occupation, subject to the following:

(1)

They are permitted only in single-family dwellings by special use permit.

(2)

A maximum of four guestrooms, with a maximum occupancy of eight persons, are permitted.

(3)

Breakfast shall be served only to overnight guests.

(4)

No receptions, private parties, etc., for a fee shall be permitted.

(5)

Applicable provisions of the Uniform Statewide Building Code shall be met.

(6)

Issuance of an operator permit from the state department of health shall be required.

(7)

The maximum length of stay for each guest shall be five days.

(8)

All other provisions pertaining to home occupations shall be met, with the exception of signage, which will be addressed as a part of the special use permit process.

(Code 1968, § 29-76; Ord. of 8-1-95; Ord. of 8-2-2006; Ord. of 9-1-2009)

Cross reference— Building code, § 14-31 et seq.; solid waste, ch. 62.

(a)

No accessory structure or building shall be erected in any required front yard. No detached accessory building shall be erected within five feet on any other building on the same lot.

(b)

No detached one-story accessory building shall be located within five feet of any side or rear property line. Accessory buildings may only exceed one story in height if located outside of the required side and rear yard space and if the building is no closer than ten feet to any side yard lot line. In no case shall an accessory structure be habitable (capable of being lived in) or exceed the principal structure in height. When a detached garage is entered from an alley, it shall not be located closer than five feet to the alley line. If the garage or carport is attached to the main structure or is within five feet from the main building, the garage or carport shall be regarded as part of the main building for the purpose of determining the side and rear yards. No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced, and no accessory building shall be used, except for other than temporary storage of construction materials, unless the main building on a lot is completed and used.

(c)

Private, noncommercial, permanently installed, below-the-ground swimming pools must be entirely enclosed with a permanent fence not less than four feet in height. Such fence shall contain a gate which can be locked. This subsection does not apply to portable aboveground or temporary pools.

(d)

Nothing in this section shall be construed to limit other accessory uses not mentioned, so long as they are clearly accessory to the principal permitted use of land and do not create a threat to public health, safety or the welfare of the community.

(e)

Outdoor boilers and outdoor wood stoves are prohibited in all zoning districts.

(f)

One portable storage container not to exceed 16 feet in length, eight feet in width, or eight feet in height shall be permitted per lot. No such structure may be placed in a front yard or required off street parking area, unless such container is to be removed from the lot within 14 days. No such structure shall be located closer than five feet to any other structure, side, or rear lot line. A portable storage container may display no more than one sign having a maximum area of six square feet only if the portable storage container is to be on said lot for no more than 14 days.

(g)

In residential districts, no motor homes, lawn or garden tractor, recreational vehicles, trailers or boats shall be parked on the public street right-of-way. No more than two of any combination of the above cited vehicles shall be parked on a residential lot. No parking of any of the above cited vehicles shall be permitted in a front yard of a residential lot for a period longer than 72 hours. No such vehicle may be connected to a private or public utility for the purpose of being used for any form of habitation on a residential lot or public street right-of-way.

(1)

The council, through its own agents or employees, may remove any such vehicles, whenever the owner of the premises, after reasonable notice, has failed to do so. If the town council, through its own agents or employees, so removes any such vehicle after having given reasonable notice, the town may dispose of such vehicle after giving additional notice to the owner of the vehicle. The cost of any such removal and disposal shall be chargeable to the owner of the vehicle or premises and may be collected by the town as taxes and levies are collected.

(h)

Temporary family health care structures—permitted per the provisions of § 15.2-2292.1 of the Code of Virginia, 1950, as amended.

(Code 1968, § 29-77; Ord. of 5-2-2006; Ord. of 6-6-2006; Ord. of 5-5-2009; Ord. of 4-5-2011; Ord. of 10-02-2018(1))

Garden apartment or condominium developments shall require two acres and more. However, for the purposes of this chapter, any multifamily dwelling under two acres shall only comply with those requirements for apartment houses. The following regulations shall apply to garden apartment developments:

(1)

Area regulations. The number of dwelling units to be constructed on two acres and above shall be determined in accordance with section 90-155.

(2)

Minimum lot width. Minimum lot width shall be 125 feet at the setback line.

(3)

Minimum yard requirements for development site.

a.

Front yard. The front yard shall be 40 feet from the road right-of-way. Required parking may be located in a front yard, but not closer than ten feet to the ultimate street right-of-way.

b.

Rear yard. The rear yard shall be 40 feet.

c.

Side yard. The side yard shall be 35 feet.

(4)

Maximum building height. The maximum building height shall not exceed 35 feet.

(5)

Regulations for garden apartment or condominium development construction.

a.

Street or easement access. Each garden apartment or condominium structure or parking area shall have access on a dedicated public street or on an access easement as specified by the town planning commission.

b.

Curb and gutter. Concrete curb and gutter shall be installed along both sides of all streets within the development. However, should a street act as a boundary for an apartment or condominium development, curb and gutter need only be installed on the side of the street adjacent to the development.

c.

Sidewalks. Sidewalks of four feet in width, constructed of concrete or brick, shall be installed from parking areas to all apartment or condominium structures served by such parking areas.

d.

Water and sewer. The proposed development shall be served by approved public water and sewer systems.

e.

Culs-de-sac. The radius of any cul-de-sac shall be at least 50 feet. No more than 25 dwelling units shall have sole principal access on any cul-de-sac.

f.

Distances. The horizontal distance between groups of garden apartments or condominiums shall be:

1.

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

2.

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

3.

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

g.

Open space—Generally. There shall be provided 0.25 square feet of usable open space, not including parking or driveway areas, devoted to recreational use, for every square foot of gross residential floor area. This space shall take the form of parks or play areas, etc.

h.

Same—Management. Management of open space shall be in accordance with the following:

1.

All open space shall be preserved for its intended purpose as expressed in the site plan.

2.

There shall be an establishment of a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the planned development to insure the maintenance of open spaces.

3.

When the development is to administer open space through an association, nonprofit corporation, trust or foundation, such organization shall conform to the following requirements:

i.

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

ii.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community, and such organization shall not discriminate in its members or shareholders.

iii.

The organization shall manage all open space and recreational and cultural facilities, shall provide for the maintenance, administration and operation of such land and improvements and any other land within the planned community and shall secure adequate liability insurance on the land.

iv.

The organization shall conform to the Condominium Act (Code of Virginia, § 55-79.39 et seq.).

4.

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

i.

Same—Use; plans. Usable open space devoted to recreational use as herein required shall be designed for use by tenants of the development and shall be improved and equipped by the developer in accordance with plans submitted and approved by the town planning commission and the town council.

j.

Joint parking facility. Parking may be provided in a joint parking facility for a group of apartments, with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintenance, snow removal and repairs.

k.

Screening. Screening shall be provided of sufficient height and density to screen the site from adjoining residential districts. A planting plan, specifying type, size and location of existing and proposed planting material, shall be submitted with the application for the permit.

l.

Parking facilities generally. Parking facilities shall be in accordance with the following:

1.

Off-street parking, whether garage or on-lot, shall be provided on the premises in accordance with section 90-387.

2.

Required parking spaces shall be provided on the same lot as the building served.

i.

All access drives shall be at least 15 feet from any building on the lot and from exterior lot lines.

ii.

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

iii.

Entrances and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site but shall at no time exceed 30 feet in width at the street line.

iv.

All dead-end parking lots shall be designed to provide sufficient backup area for the end stalls of the parking area.

v.

All accessways and parking areas shall be paved with a double surface treatment or concrete covering.

vi.

Entrances and exitways and interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site.

vii.

Any other requirements shall be complied with which are deemed necessary by the planning commission or town council for the public health and safety.

m.

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

n.

Lighting. Lighting for buildings, accessways and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to building occupants or surrounding property owners or residents.

o.

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

p.

Site plan. A site plan drawn in accordance with section 90-391 shall be reviewed by the planning commission and approved or rejected by the town council.

(Code 1968, § 29-78)

If there is a conflict in the multi-family stacked and townhouse regulations, the zoning administrator may determine the most applicable statute. The following regulations shall apply to stacked townhouses in addition to section 90-380 townhouse regulations:

(1)

Area regulations.

a.

Lot size. The minimum lot size for townhouse construction shall be 20,000 square feet.

b.

Lot area. The minimum lot area per dwelling unit shall be 2,500 square feet.

(2)

Minimum width.

a.

Lot width—Development. The minimum lot width for the development shall be 125 feet at the setback line.

b.

Same—Per unit. The minimum lot width per townhouse unit shall be 20 feet; in the case of a lot at the end of a row of townhouses, the lot width shall be 30 feet. For corner lots at street intersections, the minimum lot width shall be 40 feet.

(3)

Minimum yard requirements.

a.

Front yard. The front yard shall be 40 feet from the road right-of-way line. Required parking may be located in a front yard but not closer than ten feet to the ultimate street right-of-way. The town council, in its discretion, may reduce the front yard requirement to 30 feet from the street right-of-way if it finds that necessary parking is otherwise provided. Any such reduction by the town council shall be a part of any special use permit issued under this section.

b.

Rear yard. The rear yard shall be 40 feet for each townhouse dwelling.

c.

Side yard. The side yard shall be ten feet for each end unit and 20 feet for each corner lot at street intersections.

(4)

Maximum building height. The maximum building height shall be three stories but shall not exceed 35 feet.

(5)

Minimum parking space. An off-street parking space shall be a minimum of ten feet by 20 feet. Parking areas shall be set back at least ten feet from property lines of the development. See also section 90-387.

(6)

Other regulations for all townhouse construction.

a.

Party wall. Each dwelling shall be separated by a noncombustible party wall going to the roof, with a fire resistance of not less than two hours' duration.

b.

Street front, etc. Each townhouse or townhouse parking area shall front on a dedicated public street or on an access easement meeting state department of transportation and town standards.

c.

Curb and gutter. Concrete curb and gutter shall be installed along both sides of all streets within the development. However, should an existing public street act as a boundary for townhouse developments, curb and gutter need only be installed on the side of the street adjacent to the development.

d.

Sidewalks. Sidewalks of four feet in width, constructed of concrete or brick, shall be installed from parking areas to all townhouse structures served by such parking areas.

e.

Culs-de-sac. The radius of any cul-de-sac shall be at least 50 feet. No more than 25 dwelling units shall be located on any cul-de-sac.

f.

Accessory buildings. Accessory buildings are not permitted; except, that on any lot there may be an enclosed storage structure not exceeding seven feet in height, nor exceeding ten feet by ten feet in area.

g.

Water and sewer. All developments must be connected to a public water and public sewer system.

h.

Easement. A ten-foot easement along the side and rear of properties shall be provided in townhouse developments of under three acres.

i.

Facades. The facades of dwelling units in a townhouse structure shall be varied by changed front yards of not less than two feet and variation in materials and design so that not more than four abutting units will have the same front yard depth and the same or essentially the same architectural treatment of facades and roof lines. Balconies and roofed porches may encroach up to five feet within the setback area.

j.

Site plan. A site plan drawn in accordance with section 90-391 shall be reviewed by the planning commission and approved or rejected by the town council prior to the issuance of a zoning permit in accordance with the provisions of this chapter.

(7)

Special regulations for townhouse developments of three acres and over. For townhouse developments of three acres or more, the following regulations shall apply, in addition to those previously noted:

a.

Open space—Generally. There shall be provided 0.25 square feet of usable open space, not including parking or driveway areas, devoted to recreational use for every square foot of gross residential floor area. This space shall take the form of parks or play areas, etc. Usable open space shall not include front, rear or side yard areas of individual townhouse units.

b.

Same—Management. Management of open space shall be as follows:

1.

All open space shall be preserved for its intended purpose as expressed in the site plan.

2.

There shall be an establishment of a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the planned development, to insure the maintenance of open spaces.

3.

When the development is to administer open space through an association, nonprofit corporation, trust or foundation, such organization shall conform to the following requirements:

i.

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

ii.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community, and such organization shall not discriminate in its members or shareholders.

iii.

The organization shall manage all open space and recreational and cultural facilities, shall provide for the maintenance, administration and operation of such land and improvements and any other land within the planned community and shall secure adequate liability insurance on the land.

iv.

The organization shall conform to the Condominium Act (Code of Virginia, § 55-79.39 et seq.).

4.

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

c.

Distances. The horizontal distance between groups of townhouses shall be:

1.

Two times the average height of the two groups of townhouses for front or rear walls facing front or rear walls.

2.

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

3.

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

d.

Access; service; parking. Access and service shall be provided in the front of each townhouse. Parking may be provided on the lot, as carports, as an integral part of the townhouse or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintenance, snow removal and repairs.

e.

Improving and equipping open space. Usable open space devoted to recreational use as herein required shall be designed for use by tenants of the development and shall be improved and equipped by the developer in accordance with plans submitted and approved by the town planning commission and the town council.

f.

Screening. Screening shall be provided of sufficient height and density to screen the site from adjoining residential districts. A planting plan, specifying type, size and location of existing and proposed planting material, shall be submitted with the application for the permit.

g.

Parking facilities. Parking facilities shall comply with the following regulations:

1.

Required parking spaces shall be provided on the same lot as the building served or a joint facility in the development.

2.

All access drives shall be at least 15 feet from any building on the lot and from exterior lot lines.

3.

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

4.

Entrances and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site but shall at no time exceed 30 feet in width at the street line.

5.

All dead-end parking lots shall be designed to provide sufficient backup area for the end stalls of the parking area.

6.

All accessways and parking areas shall be paved with a double surface treatment or concrete covering.

7.

Entrances and exitways and interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site.

8.

Any other requirements shall be complied with which are deemed necessary by the planning commission or town council for the public safety.

h.

Drainage. Drainage shall comply with the following regulations:

1.

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

2.

Drainage shall comply with all provisions of existing town ordinances and regulations regarding storm drainage.

i.

Lighting. Lighting for buildings, accessways and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to building occupants or surrounding property owners or residents.

j.

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

(Code 1968, § 29-79; Ord. of 2-4-97; Ord. of 5-2-2006; Ord. of 10-01-2019(3))

Editor's note— Ord. of 10-01-2019(3), adopted Oct. 1, 2019, changed the title of this section from "Townhouses" to "Townhouses and multi-family stacked (MFST)."

1.

Purpose and intent. In the interest of enhancing and preserving the economic vitality of large retail facilities in the town, all retail establishments having a gross floor area exceeding 50,000 square feet shall conform with the development criteria contained herein. The intent of these regulations is to ensure that such retail establishments are designed, constructed and maintained in a manner that is compatible with surrounding development and that will contribute to the economic development goals and objectives of the town by attracting customers and generating revenues. These regulations will also serve to protect the public health, safety and welfare by minimizing adverse impact on town facilities and services and providing against hazards to pedestrians and vehicles that might otherwise arise in busy retail areas.

2.

Applicability.

A.

These regulations shall apply to all retail establishments having a cumulative gross floor area in excess of 50,000 square feet, whether such gross floor area is contained entirely within a freestanding building or is within two or more buildings that are connected by party walls, partitions, canopies, or walkways. In addition, landscaping regulations set out or referenced in section 90-392 below will apply to any out-parcel connected to a retail establishment by drive aisles, entrances or parking areas.

B.

These regulations shall also apply to expansions and additions that increase the gross floor area of an existing retail establishment by more than 50 percent of the gross floor area shown on the originally approved final site plan, such that the establishment exceeds 50,000 square feet. In such cases, these regulations shall apply to the existing and expanded portions of the retail establishment.

C.

In calculating the gross floor area of a retail establishment, the zoning administrator shall include all customer, employee and storage areas, including without limitation, areas used for permanent outside display, storage and sales of merchandise.

D.

The requirements of section 90-381 shall be in addition to all other applicable ordinances, regulations and requirements; provided that should there be any conflict between the requirements of this section and any other city ordinance, regulation or requirement, the more stringent requirement shall control.

E.

The use of the word "shall" or "must" as used in section 90-381 denotes a mandatory requirement. The use of the word "should" or "may" as used in section 90-381 denotes a voluntary provision; provided, however, that when any retail establishment proposed to exceed 50,000 square feet in gross floor area requires the approval of the town council, whether by rezoning, conditional zoning or special use permit, the town council shall, in determining whether or not to grant such approval, consider the extent to which the proposed retail establishment conforms to the voluntary provisions of this section; and provided further, that high-quality design elements not addressed by the provisions of this section shall be encouraged.

3.

Regulations.

A.

The following regulations apply to all retail establishments constructed or expanded so as to exceed 50,000 square feet in gross floor area:

(1)

Landscaping. All retail establishments, and all out-parcels connected to such retail establishments by drive aisles, entrances and parking areas, should be designed, constructed and maintained in conformance with all guidelines and standards set out in section 90-381. In the case of conflict, the more stringent criteria shall apply.

(2)

Minimum parking. The retail establishment shall meet the minimum parking requirements set out in section 90-387 of this article. Notwithstanding anything to the contrary in section 90-387, however, parking required by this section may be reduced to one space for every 250 square feet of gross floor area where pedestrian walkways meeting the requirements of paragraph (4) below are provided. The parking reduction shall be subject to the approval of the director of planning or designee.

(3)

Maximum parking area (parking lot scale). Areas devoted to parking shall not exceed one parking space per 180 square feet of gross floor area unless the developer or applicant provides the director of planning with an independent study showing the need for a greater number of spaces. Such study shall be based on the Institute of Transportation Engineers Manual or other accepted documented engineering standards. Based on the content and findings of this study, the director of planning or designee may determine that a specific number of additional parking spaces is warranted and approve same.

(4)

Sidewalks and pedestrian walkways. Sidewalks shall be installed along all public right-of-way frontages. The sidewalks shall be shown on preliminary and final site plans and shall be installed in accordance with the specifications of the director of planning prior to the issuance of a final certificate of occupancy for the retail establishment. In addition, pedestrian walkways should be installed to provide access from the sidewalks and parking area to the retail establishment. The walkways should be a minimum of five feet in width and constructed in a manner that is readily distinguishable from driving surfaces by use of alternate materials conducive to customer convenience or by use of pavement colorized (not painted) in contrasting or complementary hues such as brick, gray, white and other similar neutral or non-obtrusive colors. The pedestrian walkways should also be landscaped in an attractive manner with trees, shrubs, flowerbeds and other vegetative or ornamental features. The location, size, materials, color and landscaping of the pedestrian walkways must be approved by the director of planning or designee in order to receive the benefit of reduced parking requirements. The parking reduction may only be approved by the director of planning or designee if found that internal pedestrian walkways will promote interconnectivity of pedestrian walkways throughout the site.

(5)

Shopping cart collection and storage areas. All corrals for the temporary collection of shopping carts and all shopping cart storage areas shall be designated on preliminary and final site plans. If these areas are not shown on the plan, the plan shall contain the following note: "There shall not be any shopping collection or storage areas permitted on the site." Shopping carts shall be removed from parking lots and collection corrals on a regular basis to avoid hazards to pedestrians and vehicular traffic or when collection corrals become unsightly. Shopping cart collection corrals should be painted dark green, brown, silver or black to complement the retail establishment. Shopping cart storage areas located adjacent to the front of the building should be fully screened from the public view by architectural features that match the principal building.

(6)

Outside display, storage and sales. All permanent outside storage and display areas shall be enclosed on all sides by a high-quality decorative wall or fence. Chain link fences are strongly discouraged unless fully screened from exterior view by a decorative wall or fence. Approved decorative fencing that is used to enclose permanent outside storage and display areas and located within the setbacks for the principal building shall be exempt from fence height restrictions in article IV of this chapter.

(7)

Outdoor vendors/vending machines. Outdoor vendors and vending machines shall be located only in areas designated for such purposes on the final site plan. Vending machines shall be flush with established principal building lines and shall be screened from view from all public rights-of-way in a manner approved by the director of planning or designee. No vending machines or buildings, structures, vehicles or facilities used in connection with outdoor sales shall be located in parking areas, fire lanes, loading areas and pedestrian walkways.

(8)

Area and bulk regulations.

a.

Building height. Building height shall be two stories or 45 feet maximum.

B.

All administrative approvals authorized by subsection (3)A above shall be subject to concurrence by the town council in cases where a special use permit or other city council approval is required for a proposed retail establishment.

C.

Where a special use permit is required for a proposed retail establishment, the mandatory criteria set out in subsection (2)A above shall not be subject to waiver or variance.

(Code 1968, § 29-80; Ord. of 9-2-97(1); Ord. of 5-2-2006; Ord. of 8-1-2006)

(a)

Required. Prior to the issuance of a special permit, ten copies of a development plan shall be submitted to the zoning administrator for review by the administrator, planning commission and town council.

(b)

Contents. The development plan shall contain the following data, together with supplementary data for a particular development, as reasonably deemed necessary by the planning commission or town council:

(1)

Development site information.

a.

A vicinity map at a scale of not less than one inch to equal 2,000 feet.

b.

A title insurance policy or attorney's certificate showing the owners of the subject property, marketable title to the subject property in such owners, the source of the applicant's title or interest in the subject property and the place of record of the latest instrument in the chain of title for each parcel constituting the tract.

c.

The total area of the tract.

d.

The abutting street names, widths and route numbers.

e.

The owners, zoning districts and uses of each adjoining tract.

f.

A topographic map with minimum contour intervals and scale acceptable to the administrator.

(2)

Development design information.

a.

A concept plan, illustrating the location and functional relationship between all proposed land uses.

b.

Land use plans, showing the location and arrangement of all proposed land uses, including the height and number of floors of all buildings, both above and below finished grade; the building setbacks and yard areas from the development boundaries and adjacent streets, roads, alleys and ways; the proposed traffic circulation pattern, including the location and width of all streets, driveways, walkways and entrances to parking areas; all off-street parking and loading areas; all proposed open space areas, including common open space, dedicated open space and developed recreational open space; the approximate location of existing and proposed utility systems of sanitary sewer, storm sewer, water, electric, telephone and gas lines, along with any necessary easements.

c.

A plan or statement showing the location and design of all screening and indicating the type and height of such screening.

d.

Statements or plans relating to all covenants, restrictions and conditions pertaining to the use, maintenance and operation of common spaces, and the percentage of the tract to be used as open space.

e.

A statement in tabular form of the anticipated commercial gross floor area.

f.

When the development is to be constructed in stages or units, a sequence of development schedule, showing the order of construction of each principal functional element of such stages or units, the approximate completion date for each stage or unit and a cost estimate of all improvements within each stage or unit.

g.

A plan or report indicating the extent, timing and estimated cost of all offsite improvements, such as road, sewer and drainage facilities, necessary to construct the proposed development, which plan or report shall relate to the sequence of development schedule if the development is to be constructed in stages or units.

h.

Where required by the planning commission or town council, a fiscal impact analysis, listing town revenue generated by the project and town expenditures resulting from the construction of the project.

i.

Where a Multi-Family Stacked development is proposed, the Multi-Family Stacked Design Guidelines must be followed.

(Code 1968, § 29-81; Ord. of 10-01-2019(4))

In any residential district, the following signs shall be permitted:

(1)

Home occupation signs. One sign, not exceeding two square feet in area, for the purpose of indicating a home occupation, when erected or displayed on a dwelling and bearing only the name or home occupation of an occupant of such dwelling such sign shall be fixed flat against the main structure only and shall be in no way illuminated.

(2)

Church bulletin boards. One church bulletin board, not exceeding 18 square feet in area, when erected or displayed on the property of the church; provided, that when a church faces more than one street, one such church bulletin board may be erected or displayed on each street frontage. Church bulletin boards shall be set back at least ten feet from any lot line.

(3)

Identification signs. One sign, not exceeding 12 square feet in area, for the purpose of showing the name and use of a permitted use, when in a residential zone and when such sign is erected or displayed on the property so identified. Such identification signs shall be set back at least ten feet from any lot line.

(4)

Subdivision signs. Signs, not exceeding 18 square feet in area, for the purpose of advertising or identifying a housing development or subdivision, when erected or displayed on the property so advertised or identified, at least ten feet from any lot line; provided, that only one such sign shall be erected or displayed facing any one street on the perimeter of such development or subdivision.

(5)

Temporary signs.

a.

One contractor's sign, not exceeding 24 square feet in area, and two subcontractor's signs, not exceeding eight square feet in area each, when erected or displayed on the premises upon which building operations are being conducted; provided, that such signs shall be removed upon completion of the work.

b.

Signs, not exceeding eight square feet each, for the purpose of advertising the sale, lease or future use of real estate, when erected or displayed on the property so advertised; provided, that a total sign area of not more than 24 square feet (may be more than one sign) shall be permitted when such signs are set back at least five feet from the front lot line.

c.

Yard sale signs. Yard sale signs shall not exceed three in number per yard sale and shall not exceed six square feet each. Such signs must be freestanding signs. No such signs shall be erected more than 24 hours before the commencement of the sale and shall be removed within 24 hours of the sale.

d.

Political election signs. Political election signs shall not exceed 12 square feet and shall not be placed in the public right-of-way. All such signs shall be freestanding and shall not be erected more than 60 days before the election and shall be removed within seven days after the election.

(6)

Public school signs. One informational sign not exceeding 24 square feet in area and one identification sign not exceeding 24 square feet in area.

(Code 1968, § 29-82; Ord. of 12-4-90(2), § 29-82; Ord. of 9-3-96(4); Ord. of 8-2-2006; Ord. of 9-1-2009)

Cross reference— Subdivisions, ch. 70.

(a)

Signs may obstruct views, distract motorists, and pose other problems that legitimately call for regulation. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height and condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of the various neighborhoods, the creation of a convenient, attractive and harmonious community, protection against destruction of or encroachment upon historic areas, and the safety and welfare of pedestrians and wheeled traffic, while providing convenience to citizens and encouraging economic development. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. 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.

(b)

Signs not expressly permitted as being allowed by right or by special use permit under this article, by specific requirements in another portion of this chapter, or otherwise expressly allowed by town council are forbidden.

(c)

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 identified in subsection a.

(d)

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 and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.

(e)

These regulations distinguish between portions of the town designed for primarily vehicular access and portions of the town designed for primarily pedestrian access.

(f)

These regulations do not regulate every form and instance of visual speech that may be displayed anywhere within the jurisdictional limits of the town. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.

(g)

These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.

(Ord. of 1-5-2021(2))

Advertising means any words, symbol, color or design used to call attention to a commercial product, service, or activity.

Animated sign means a sign or part of a sign that is designed to rotate, move or appear to rotate or move. Such a sign is sometimes referred to as a "moving sign."

Awning sign means a sign placed directly on the surface of an awning.

Banner means a temporary sign of flexible material designed to be installed with attachments at the corners.

Building frontage means the length of the main wall of a building which physically encloses usable interior space and which is the architecturally designed wall that contains the main entrance for use by the general public.

Business sign means a sign which directs attention to a product, service or commercial activity available on the premises.

Canopy sign means a sign attached to a canopy.

Changeable copy sign means a sign or part of a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or surface of the sign.

Feather sign means a lightweight, portable sign mounted along one edge on a single, vertical, flexible pole the physical structure of which at may resemble a sail, bow, or teardrop.

Flag means a piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol or decoration; this does not include pennants.

Flashing sign means a sign that includes lights that flash, blink, or turn on and off intermittently.

Freestanding sign means any non-portable sign supported by a fence, retaining wall, or by upright structural members or braces on or in the ground and not attached to a building, and includes pole signs and monument signs.

Height means the maximum vertical distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of:

(1)

Existing grade prior to construction; or

(2)

The newly established grade after construction, exclusive of any filling, berming, mounding or excavating primarily for the purpose of mounting or elevating the sign.

Illegal sign means any sign erected without a required permit or which otherwise does not comply with any provisions of this article.

Illuminated sign means a sign that is backlit, internally lighted, or indirectly lighted.

Marquee means a permanent structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

Marquee sign means a sign attached to and made a part of a marquee or any similar projections from a building, with changeable, fixed or both types of lettering in use.

Monument sign means a sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another; not a pole sign.

Nonconforming sign means any sign which was lawfully erected in compliance with applicable regulations of the town and maintained prior to the effective date of this chapter of the zoning ordinance and which fails to conform to current standards and restrictions of the zoning ordinance.

Off-premises sign means a sign that directs attention to a business, product, service or activity conducted, sold or offered at a location other than the premises on which the sign is erected.

Pole sign means a sign that is mounted on one or more freestanding poles.

Portable sign means any temporary sign not affixed to a building, structure, vehicle or permanently affixed to the ground. It does not include a flag or banner. Signs shall be considered not permanently affixed to the ground if the sign is pushed, hammered or similarly put into the ground.

Projecting sign means any sign, other than a wall, awning, canopy or marquee sign, affixed to a building and supported only by the wall on which it is mounted.

Public area means any public place, public right-of-way, any parking area or right-of-way open to use by the general public.

Roof sign means a sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.

Sign means any object, device, display, or structure, or part thereof, visible from any public area which is designed and used to attract attention to an institution, organization, business, product, service, event, or location by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected images. The term does not include public art, architectural elements incorporated into the style or function of a building, or flags of any nation, state, or other geopolitical entity not related to a commercial business, product or service. The term "sign" also does not include the display of merchandise for sale on the site of the display.

Sign face means the portion of a sign structure bearing the message.

Sign structure means any structure bearing a sign face.

Temporary sign means a sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed in the ground nor permanently affixed to a building or structure which is permanently installed in the ground.

Vehicle or trailer sign means any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service or activity. Any such vehicle or trailer shall, without limitation, be considered to be used for the primary purpose of advertising if it fails to display current license plates, inspection sticker, or municipal decal, if the vehicle is inoperable, if evidence of paid-to-date local taxes cannot be made available, or if the sign alters the standard design of such vehicle or trailer.

Wall sign means any sign attached to a wall or painted on or against a flat vertical surface of a structure.

Window sign means any sign visible outside the window and attached to or within 18 inches in front of or behind the surface of a window or door.

(Ord. of 1-5-2021(2))

(a)

A sign permit is required prior to the display and erection of any sign except as provided in section 90-383.4 of this article.

(b)

Application for permit.

(1)

An application for sign permit shall be filed with the zoning administrator on forms furnished by that department. The applicant shall provide sufficient information to determine if the proposed sign is permitted under the Zoning Ordinance and other applicable laws, regulations and ordinances. An application for a temporary sign shall state the dates intended for erection and removal of the sign.

(2)

The zoning administrator or designee shall promptly process the sign permit application and approve the application, reject the application, or notify the applicant of deficiencies in the application within 30 business days after receipt. Any application that complies with all provisions of this Zoning Ordinance and other applicable laws regulations and ordinances shall be approved.

(3)

If the application is rejected, the Administrator shall provide a list of the reasons for the rejection in writing. An application shall be rejected for non-compliance with the terms of the Zoning Ordinance or other applicable law, regulation, or ordinance.

(c)

Overlay district regulations. All signs in the community institution overlay district must follow Code section 90-359.10 as provided for in the Ordinance except when a sign permit is not required.

(Ord. of 1-5-2021(2))

A sign permit is not required for:

(1)

Signs erected by a governmental body or required by law.

(2)

Flags not containing any commercial advertising.

(3)

The changing of messages on marquees and the repair of an existing permitted sign, except that repair of a nonconforming sign must comply with section 90-383.9.

(4)

Temporary signs as follows:

a.

One sign, located on a property where a building permit is active, with a total area of up to 16 square feet and a maximum height of six feet when the sign abuts a road with a speed limit of 25 miles per hour or less, when the sign abuts a road with a speed limit greater than 25 miles per hour but less than 55 miles per hour not more than one sign with a total area of up to 32 square feet and maximum height of eight feet.

b.

On any property for sale or rent, not more than one sign with a total area of up to 16 square feet and a maximum height of six feet when the sign abuts a road with a speed limit of 25 miles per hour or less, when the sign abuts a road with a speed limit greater than 25 miles per hour but less than 55 miles per hour not more than one sign with a total area of up to 32 square feet and maximum height of eight feet.

c.

Official notices or advertisements posted or displayed under the direction of any public or court officer in the performance of his official or directed duties; provided, that all such signs shall be removed no more than ten days after their purpose has been accomplished.

d.

On a property containing a residential use, one or more temporary signs with a total area of no more than 16 square feet, and which are removed within 90 days after being erected.

e.

Any sign installed and located on the interior of a commercial or industrial development that is not legible or visible from off-site that is not designed to be legible or visible from off-site.

f.

Up to one feather flag sign on any lot in a Commercial or Industrial District, provided the feather flag is displayed only during hours of business operation and is maintained in good condition.

(5)

Pavement markings. Any sign applied directly and entirely to and flush with an asphalt, concrete, or similar paved surface.

(6)

Portable signs so long as they do not exceed limits set forth within this chapter and are brought in each night after business operations.

(7)

Freestanding and building mounted signs primarily oriented towards outdoor athletic facilities, provided that no freestanding sign is taller than the maximum building height in identified district, unless specified elsewhere in code. Such signs should be oriented so that they are not designed to be visible from public streets. In all zoning districts such signs may utilize internal illumination, consistent with section 90-383.8. Signs authorized by this section shall not be attributable to the allowances otherwise permitted on a property.

(Ord. of 1-5-2021(2); Ord. of 1-9-2024(1)

In addition to signs prohibited elsewhere in this Code or by applicable state or federal law, the following signs are prohibited:

(1)

General prohibitions.

a.

Signs that violate any law of the commonwealth relating to outdoor advertising.

b.

Signs attached to natural vegetation.

c.

Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority. Any such sign is subject to immediate removal and disposal by an authorized town official as a nuisance.

d.

Vehicle or trailer signs.

e.

Any sign displayed which does not comply with all applicable regulations of this article.

(2)

Prohibited based on materials.

a.

Flashing signs or other signs displaying flashing, scrolling or intermittent lights or lights of changing degrees of intensity, except where such signs are expressly permitted within this article. This applies to signs mounted within one foot of the interior side of a window when primarily designed for outside viewing and the structure is located within 35 feet of the street.

b.

Signs consisting of illuminated tubing, strings of lights or illumination devices such as LEDs.

c.

Signs that emit smoke, flame, scent, mist, aerosol, liquid or gas.

d.

Any electronic sign that is generated by a series of moving images, such as an LED, digital display, or other video technology, whether displayed on a building, vehicle, or mobile unit in excess of 30 percent of the total sign area permitted in another portion of this chapter

e.

Strings of pennants visible from, and within 50 feet of, any public way.

f.

Moored balloons, inflatable signs, or other floating signs that are tethered to the ground.

(3)

Prohibitions based on location.

a.

Off-premises signs, unless specifically permitted by this chapter.

b.

Signs erected on public land other than those approved by an authorized Town official in writing, required by law without such approval, or permitted under Code of Virigina, § 24.2-310 E. Any sign not so authorized is subject to immediate removal and disposal by any authorized official. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign.

c.

Signs on the roof surface or extending above the roofline of a building or its parapet wall.

d.

Any sign located in the vision triangle formed by any two intersecting streets, as regulated by the provisions of 90-376(a) of this article.

e.

Any sign with a minimum clearance of less than eight feet above a walkway or sidewalk or less than 15 feet above a driveway or alley, unless associated with a drive-thru establishment.

(Ord. of 1-5-2021(2); Ord. of 1-9-2024(1)

(a)

All signs shall be constructed and mounted in compliance with the Virginia Uniform Statewide Building Code.

(b)

All signs and components thereof shall be maintained in good repair and in a safe, neat and clean condition.

(c)

The owner of any advertising sign, other than a permitted off-premises sign, located on commercial property where the use or business has ceased operating shall, within 60 days of the cessation of use or business operation, replace the sign face with a blank face until such time as a use or business has resumed operating on the property.

(d)

Sign condition, safety hazard, nuisance abatement, and abandonment.

(1)

Any sign which becomes a safety hazard or which is not kept in a reasonably good state of repair shall be put in a safe and good state of repair within 30 days of a written notice to the owner and permit holder.

(2)

Any sign which constitutes a nuisance may be abated by the town under the requirements of Virginia Code, §§ 15.2-900, 15.2-906, and/or 15.2-1115.

(Ord. of 1-5-2021(2))

(a)

Placement. Except as otherwise permitted, all freestanding signs shall be set back from any property line by at least five feet.

(b)

Illumination. All permitted signs may be backlit, internally lighted, or indirectly lighted, unless such lighting is specifically prohibited in this article.

(1)

The light from any illuminated sign shall not cause direct glare into or upon any building or property owner other than the building or property to which the sign may be related.

(2)

Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

(3)

Electronic message board signs shall not change message with a greater frequency than recommended by VDOT in order to prevent traffic hazards to operators of motor vehicles on public thoroughfares.

(Ord. of 1-5-2021(2))

(a)

Signs lawfully existing on the effective date of this chapter or prior ordinances, which do not conform to the provisions of this chapter, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the zoning administrator, a property owner shall submit verification that sign(s) were lawfully existing at time of erection. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into compliance with the current ordinance.

(b)

No nonconforming sign shall be enlarged nor shall any feature of a nonconforming sign, such as illumination, be increased.

(c)

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. Nonconforming signs shall not be extended or structurally reconstructed or altered in any manner, except a sign face may be changed so long as the new face is equal to or reduced in height and/or sign area.

(d)

No nonconforming sign shall be moved for any distance on the same lot or to any other lot unless such change in location will make the sign conform in all respects to the provisions of this article.

(e)

A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 50 percent of its area may be restored within two years after such destruction or damage but shall not be enlarged in any manner. If such sign is so destroyed or damaged to an extent exceeding 50 percent, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this article.

(f)

A nonconforming sign which is changed to become conforming or is replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this article.

(g)

A nonconforming sign structure shall be subject to the removal provisions of section 90-383.7. In addition, a nonconforming sign structure shall be removed if the use to which it is accessory has not been in operation for a period of two years or more. Such sign structure shall be removed by the owner or lessee of the property. If the owner or lessee fails to remove the sign structure, the zoning administrator or designee shall give the owner 15 days' written notice to remove it. Upon failure to comply with this notice, the zoning administrator or designee may enter the property upon which the sign is located and remove any such sign or may initiate such action as may be necessary to gain compliance with this provision. The cost of such removal shall be chargeable to the owner of the property.

(Ord. of 1-5-2021(2))

In any residential district, the following signs shall be permitted:

(1)

On a property containing a legal home occupation one sign, not exceeding two square feet in area, for each dwelling, when erected or displayed on a dwelling and bearing only the name or use of an occupant of such dwelling such sign shall be fixed flat against the main structure only and shall not be directly illuminated.

(2)

One sign not exceeding 18 square feet in area, when erected or displayed on the property of the institutional use; provided, that when an institutional use faces more than one street, one such sign may be erected or displayed on each street frontage, not to exceed 18 square feet in total area. Signs shall be set back at least ten feet from any lot line.

(Ord. of 1-5-2021(2))

(a)

Size; location. Signs permitted within a commercial district shall be erected or displayed only on such walls of a building as face a street, alley or parking area, or as freestanding signs upon the lot, subject to the following provisions as to size and location:

(1)

One-story building. The total area of all signs (may be more than one) facing a street, alley or parking area shall not exceed one square foot for each foot of building width facing such street, alley or parking area, but in no case shall the aggregate of such signs exceed 100 square feet.

(2)

First floor businesses in multistory buildings. The total area of all signs facing a street, alley or parking area shall not exceed one square foot for each foot of building width facing such street, alley or parking area, but in no case shall the aggregate of such signs exceed 100 square feet. All such signs shall be kept within a height of 20 feet above the sidewalk.

(3)

Upper stories of multistory buildings containing one or more businesses above first floor. The total area of all signs facing a street, alley or parking area on any wall above the 20-foot height specified in subsection (b)(2) of this section shall not exceed 40 square feet or 1/40 of the area of that wall above such 20-foot height, whichever is greater.

(4)

Multistory buildings occupied by one business only. Where entire buildings over one story in height are occupied by one business, a total sign area of 100 square feet facing any street, alley or parking area or of 1/40 of the area of that wall above such 20-foot height, whichever is greater.

(5)

Signs hung on marquees, etc. No sign shall be hung on a marquee, canopy or portico if such sign shall extend beyond the established setback line. The area of any such sign shall be included in determining the total area of signs erected or displayed.

(6)

Window signage, etc. Not more than 20 percent of the area of such windows shall be covered. The area of such signs shall be included in determining the total area of signs erected or displayed.

(7)

Projection and height of signs. A sign may be erected or displayed flat against a wall or at an angle thereto, but no sign shall project beyond 25 feet from the street right-of-way. The bottom of a sign, the area of which exceeds six square feet, erected flat against a wall, shall not be less than eight feet above the sidewalk, alley or parking area. The bottom of a sign projecting from a wall shall not be less than ten feet above a walkway or parking area or less than 14 feet above an alley.

(8)

Freestanding advertising signs. Freestanding signs upon a lot may be erected or displayed only where drive-in service or parking is provided, leaving a distance between the building and a side lot line of ten feet or more from the lot line; provided, that not more than one such freestanding sign shall be permitted for any building or building unit having a street frontage with such drive-in service area, parking areas or building setback. No signs other than those indicated on the sign application shall be attached to a freestanding sign. Freestanding signs shall not be erected more than 30 feet above the grade, and no part of the sign or supporting structure shall be located closer than ten feet from the street right-of-way, and shall not exceed 100 square feet in area. Where signs are erected as freestanding signs upon a lot, the total area of all signs permitted by this section shall be one square foot for each foot of lot frontage; provided, that signs conform to the other requirements and restrictions contained in this section. The town manager or the town manager's agent has the discretion to increase the sign setback if sight distance is impacted.

(9)

Movie theater signage. Signs advertising the acts or features to be given in movie theaters may be displayed on permanent frames erected on theater buildings in accordance with the provisions of this section as to size and location, and the bottom of any such frame erected flat against a wall may be less than eight feet above the sidewalk, alley or parking area; provided, further, that when the area of any such frame facing a street, alley or parking area does not exceed 24 square feet and the total area of all such frames facing such street, alley or parking area does not exceed 48 square feet, the area of the signs displayed thereon shall not be included in determining the total area of signs erected or displayed.

(10)

Temporary signs.

a.

Interior window sign. The size of a temporary sign shall not be included in the computation of aggregated signage permitted in this section. If a temporary interior window sign becomes tattered, worn or illegible, it must be removed upon notice of the zoning administrator. The sign must be removed within five days of the conclusion of the advertised event.

b.

Exterior signs.

1.

Substitution. Wherever this article permits a sign with commercial content, non-commercial content is also permitted subject to the same requirements of size, color, illumination, movement, materials, location, height and construction. A permit shall not be required for any such sign.

2.

Commercial: An exterior sign may be displayed for 30 days, not more than two times per calendar year. A total maximum of 32 square feet shall be permitted for signs, with no more than two signs being displayed at any one time.

(11)

Retail establishments exceeding 50,000 square feet director signs. Retail establishments exceeding 50,000 square feet which constitute more than one retail establishment, as defined in subsection 90-381(2)A of this chapter, are permitted one freestanding sign. The total allowed area of such sign is one square foot for each foot of street frontage and the total shall not exceed 150 square feet. The area of the retail establishments exceeding 50,000 square feet directory sign shall not be included in the total area of signs otherwise permitted for separate businesses.

(12)

Buildings housing more than one tenant where each tenant has its own outside entrance. Maximum of one square foot of sign area for each linear foot of building frontage occupied by each tenant. Maximum per tenant, 100 square feet. Individual businesses may have only wall signs.

(13)

Commercial centers. For commercial centers, freestanding signage shall be permitted on the following basis.

a.

One sign for every 1,200 linear feet of public street frontage; the first such sign shall not exceed 250 square feet in area nor 50 feet in height, and any additional such signs shall not each exceed 75 square feet in area nor 25 feet in height; OR,

b.

One sign for each public street frontage; the first such sign shall not each exceed 125 square feet in area nor 25 feet in height, and any additional such signs shall not each exceed 50 square feet in area nor 20 feet in height; OR,

c.

For commercial centers with at least 500 linear feet of public street frontage, one sign not exceeding 50 square feet in area nor 25 feet in height shall be permitted in addition to the low-rise signage.

d.

Freestanding signs permitted under this section shall be situated at least 50 feet apart from each other within the limits of the development.

e.

No sign shall project closer than ten feet to the property line.

f.

For commercial centers with at least 800 linear feet of frontage on the right-of-way of Interstate 81, one permitted freestanding sign in section 90-384 (b)(14)a.—c., may be replaced with one freestanding sign not exceeding 200 square feet in area nor 40 feet height. Such sign shall be no further than 100 feet from the Interstate right-of-way line; shall be no closer than 300 feet to a freestanding sign on an adjacent commercial center; and shall be at least 300 feet from residentially zoned land.

(b)

Stop lines, etc.

(1)

Stop lines shall be solid white lines at least 24 inches wide and extending across all lanes exiting vehicular traffic onto public streets and highways. The stop line shall indicate the point behind which each approaching vehicle required to stop, and the stop lines shall be accompanied by a stop sign, appropriately placed, or the letters "STOP" painted in the center of the lane as provided in this subsection.

(2)

Stop lines shall be placed not less than three feet from the sidewalk or not less than nine feet from the public street or highway curbline, whichever is greater.

(3)

The letters "STOP" when used in place of stop signs shall be white and painted approaching the stop line approximately two feet from the nearest point of the stop line. The letters shall be at least three feet in height with appropriate width.

(4)

The provisions of this section shall apply to and be required of the owners of all commercial properties which allow vehicle access to any public street or highway.

(Code 1968, § 29-83; Ord. of 2-5-90(1), § 29-83; Ord. of 12-4-90(1), § 29-83; Ord. of 10-4-94(1); Ord. of 10-4-94(2); Ord. of 9-3-96(2); Ord. of 10-1-96; Ord. of 5-2-2000; Ord. of 4-2-2002; Ord. of 8-2-2006; Ord. of 10-3-2006; Ord. of 11-1-2011; Ord. of 4-3-2012(2); Ord. of 1-5-2021(2))

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 and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.

Due to the nature of the commercial development along State Route 42 (West Reservoir Road) and Interstate 81 (all of which is known as interstate intersection corridor), the following provisions shall apply to signs therein:

(1)

Official interstate intersection corridor map—Adopted; identification; location and availability to public.

(2)

Freestanding signs.

a.

For properties with two or more main buildings on a parcel, one freestanding sign per main building is permitted on the parcel. For properties with one main building on a parcel, one freestanding sign is permitted not to exceed 100 square feet in size with a maximum height of 55 feet above grade. If businesses on the same lot are located on the same sign structure, total signage permitted is 150 square feet.

b.

For properties with two or more main buildings on a lot, one freestanding sign per main building is permitted, provided the cumulative total height of all freestanding signs is 100 feet, each additional sign has a maximum height of 35 feet above grade and a maximum size of 75 square feet. All signs up to 45 feet in height shall be of monument style construction. When more than one freestanding sign is constructed, each sign shall be distanced at least 100 feet from all other freestanding signs on the parcel.

c.

All freestanding signs permitted in this section shall be set back at least 10 feet from all property lines.

d.

The provisions of this section shall apply to parcels located within the interstate intersection corridor and the provisions of section 90-386 do not apply.

(3)

Total sign area. The total square footage of signs, including but not exclusive of freestanding signs, shall be 800 square feet and conform to the following requirements and restrictions:

a.

The total area of all signs (may be more than one) facing a street, alley or parking area shall not exceed 15 percent of the total wall area of the wall which the sign is being placed.

b.

The provisions of this section shall apply to parcels located within the interstate intersection corridor and the provisions of section 90-386 do not apply.

(4)

Validation of signs existing as of July 1, 2006. All signs existing within the interstate intersection corridor on or before July 1, 2006, although such signs may fail to comply with the existing limitations in section 90-384(a)(13), are hereby accepted and validated as erected. Signs within the interstate intersection corridor erected after March 7, 2023, shall fully comply with this article. Signs erected or existing on or before that date which are moved or removed from their existing locations, significantly damaged, or destroyed, shall not be moved to, or replaced at another location except under the strict provisions and limitations set forth herein, nor shall they be rebuilt at the same location without fully complying with this article. Should a freestanding sign that is nonconforming due to height or area be modified or replaced, the resulting sign shall have the nonconforming feature (height and/or area) reduced by at least 15 percent. However, such reduction shall not cause the modified or replacement sign to have a height or area less than permitted in section 90-385(2) above. This section shall not apply if the modification only involves the refacing of the existing nonconforming sign.

(5)

Illumination and lighting of signs. The intent of this section is to encourage lighting that provides safety, utility and security, as well as preventing glare on public roadways, and to prevent light trespass or spillover to adjoining properties. Illuminated signs are encouraged to utilize such facilities as to promote dark skies where practicable.

a.

In no case shall the direct illumination for any sign in the interstate intersection corridor overlay district be directed toward any residential district or toward any adjacent street. All freestanding signs shall be illuminated only during hours of operation.

b.

Internally illuminated signs shall have with illuminated letters on a dark background.

c.

Electronic message board signs must include a photo cell to control brightness and must automatically dim at sunset.

d.

Newly installed externally illuminated signs, shall be equipped with downcast / gooseneck fixtures or other devices arranged so as to concentrate the illumination down upon the area of the sign and to prevent glare. Special attention shall be given to illumination so as to avoid glare upon adjoining residential properties.

(Ord. of 4-2-91(1), § 29-83.1; Ord. of 3-3-98(2); Ord. of 8-1-2006; Ord. of 5-6-2008; Ord. of 5-5-2009; Ord. of 10-02-2018(2); Ord. of 1-5-2021(2); Ord. of 1-3-2023(2); Ord. of 2-7-2023(1))

Any sign that is permitted in any commercial zone shall be permitted also in industrial districts. The allowable area of any such sign shall be a maximum of 1½ times the allowable area specified in sections 90-384. Exceptions.

(1)

Commercial center signs shall be limited to signs in commercial districts as provided in section 90-384(a)(13).

(2)

Political election signs located on residential use properties in industrial districts shall be limited to the restrictions for signs in residential districts as set forth in 90-383(5)(d).

(3)

Commercial center signs shall be limited to signs in commercial districts as provided in section 90-384(a)(13).

(Code 1968, § 29-84; Ord. of 3-3-98(2); Ord. of 1-5-99; Ord. of 9-3-2002; Ord. of 11-1-2011; Ord. of 1-5-2021(2))

(a)

General requirements. There shall be provided at the time of erection of any main building or at the time any main building is enlarged, or at the institution or enlargement of any use, minimum off-street parking space with adequate provisions for entrance and exit. One hundred sixty-two square feet (nine feet by 18 feet) of lot or floor area shall be deemed parking space for one vehicle. All parking spaces and access driveways shall be covered with an all-weather surface, unless otherwise provided by this chapter, and shall be graded and drained to dispose of surface water.

(b)

Commercial and industrial districts. In commercial and industrial districts, a driveway or parking space shall be at least five feet from a property line, and no parking space for a multiple-family dwelling shall be less than ten feet from a residential structure.

(c)

When provided or reduced. There shall be provided, at the time of the erection of any principal building or structure or at the time that any principal building or structure is altered, enlarged or increased in size, not less than the parking space in the amounts stated herein. Minimum off-street parking space required may be reduced when the capacity and use of a particular building is changed in such a manner that the new use or capacity would require less space than before the change.

(d)

Where located. The parking spaces required for all residential dwellings shall be located on the same lot as the dwelling; the parking spaces required for other land uses shall be located on the same lot as the principal use or on a lot which is within 600 feet of the principal use, such distance to be measured along lines of public access to the property. However, before such offsite parking facilities are approved, a written agreement thereto assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the town attorney and filed with the zoning administrator.

(e)

Collective parking. Collective provision of off-street parking facilities for two or more structures or uses is permissible; provided, that the total number of parking spaces is at least equal to the sum of the minimum number of required spaces computed separately for each use. Collective parking is subject to all stated parking requirements.

(f)

Residential districts. In all residential districts there shall be provided, either in a private garage or on the lot, space for the parking of two automobiles for each single-family dwelling unit in a new building or each dwelling unit added to an existing building. Off-street parking for residences in two-family and multifamily dwellings shall be provided as two spaces per dwelling unit. In R-2 and R-3 districts, parking shall be permitted in the side or rear yards; provided, that no parking area shall be located closer than five feet to the property line.

(g)

Roominghouses, hotels, etc. Roominghouses, boardinghouses, tourist homes, hotels and motels shall provide on-the-lot parking space for one automobile for each guestroom or residence unit, plus spaces equal to 20 percent of the capacity of any restaurant, club or assembly space, plus one space for each employee on the maximum shift.

(h)

Assembly halls generally. For church and school auditoriums and for theaters, general auditoriums, stadiums and other similar places of assembly, there shall be provided at least one off-street parking space for every four fixed seats, based on the maximum seating capacity in the main place of assembly for the building. For assembly halls without fixed seats, there shall be provided one parking space for each 100 square feet of usable floor area.

(i)

Nurseries, schools, etc. For public or private nurseries, day care facilities, kindergartens or elementary, intermediate or high schools, there shall be provided one parking space for each teacher, employee or administrator, whether full- or part-time, whose activities are conducted between the hours of 8:00 a.m. and 4:00 p.m., in addition to the requirements of the auditoriums. In addition, high schools shall provide one parking space for every 20 students for the maximum rated capacity of the school, as determined by the school board.

(j)

Use of other parking spaces by assembly halls. Parking space already provided to meet off-street parking requirements for stores, office buildings and industrial establishments lying within 300 feet of the place of public assembly, as measured along lines of public access, and which are not normally in use on Sundays or between the hours of 6:00 p.m. and midnight on other days, may be used to meet not more than 75 percent of the off-street parking requirements of a church or other similar place of public assembly.

(k)

Hospitals. For hospitals, there shall be provided at least one parking space for each two beds, based on the maximum capacity in terms of beds, including those of infants and children, plus one space for each employee or staff member on maximum shift, excluding doctors.

(l)

Physicians; dentists. For a physician's office, there shall be provided at least one parking space for each 200 square feet of floor area or ten spaces, whichever is greater. For a dental office, there shall be at least one parking space for each 200 square feet or five spaces, whichever is greater. In addition to the above spaces for a physician's or dental office, three parking spaces shall be provided for each additional professional associate of any kind having an office in the same building.

(m)

Nursing homes. For nursing and convalescent homes, there shall be provided at least one parking space for each six beds, plus one space for each employee on maximum shift.

(n)

Retail stores. For retail stores selling directly to the public there shall be the following requirement:

(o)

Funeral homes. For funeral homes and mortuaries, there shall be one parking space for each four seats in chapels or parlors with fixed seats or one parking space for each 100 square feet of floor area for assembly rooms without fixed seats for services, plus five parking spaces for employees in both instances noted above.

(p)

Restaurants. The following requirements shall apply to restaurants with a seating capacity in excess of eight:

(1)

Sit-down restaurants. There shall be provided at least one parking space for each 50 square feet of seating area, and one parking space for each 400 square feet of non-seating area.

(2)

Fast-food restaurants. There shall be provided at least one parking space for each 40 square feet of seating and serving area and one parking space for each 400 square feet of non-seating and non-serving area.

(q)

Roadside stands. For wayside or roadside stands or markets, there shall be provided at least five parking spaces.

(r)

Offices; personal service. For office buildings, offices of professionals and personal service establishments, there shall be provided one parking space for each 300 square feet of floor space occupied by the office or personal service.

(s)

Industrial and wholesale establishments. For industrial establishments or wholesale establishments, there shall be provided one parking space for each employee, computed on the basis of the maximum number of individuals employed within an eight-hour shift, plus space to accommodate all trucks and other vehicles used in connection therewith.

(t)

Surface of parking area; guards; lights. Every parcel of land used as a public parking area shall be surfaced with gravel, stone, asphalt or concrete. It shall have appropriate guards where needed, as determined by the administrator. Any lights used to illuminate such parking areas shall be so arranged as to reflect the light away from adjoining premises in a residential district.

(u)

Landscaping. Where a parking area adjoins a lot in a residential district, suitable landscaping shall be planted between the parking lot and the adjoining property or street line. A plan for such planting shall be submitted to the zoning administrator with a request for a zoning permit.

(v)

Cottage apartment or condominiums. For a CAC, there shall be provided at least one and one half parking space for each dwelling unit.

(Code 1968, § 29-85; Ord. of 4-4-95(2); Ord. of 4-2-2013; Ord. of 06-07-2016(2); Ord. of 1-3-2023(1))

Cross reference— Stopping, standing and parking, § 78-81 et seq.

The town council may decrease or waive any of the provisions and restrictions set forth in section 90-387 in the section of the town designated within the off-street parking reduction/exemption overlay district.

Official off-street parking reduction/exemption overlay district map—Adopted; identification; location and availability to public.

(1)

The official off-street parking reduction/exemption overlay district map shall be identified by the signature of the mayor and attested to by the clerk of that body, together with the date of the adoption of this section on July 11, 2017.

(2)

The official off-street parking reduction/exemption overlay district map shall be located in a public place, as designated by the governing body, and shall be the final authority as to the inclusion of parcels within the off-street parking reduction/exemption overlay district, regardless of unofficial copies which may have been made or published from time to time. The official off-street parking reduction/exemption overlay district shall be available to the public at its immediate request.

(Code 1968, § 29-85.1; Ord. of 5-3-2011; Ord. of 5-3-2011; Ord. of 07-11-2017(4))

(a)

On the same premises with every building, structure or part thereof erected and occupied for uses involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading and unloading services, in order to avoid interference with public use of the streets and alleys.

(b)

Such space shall be a minimum of 15 feet wide and 50 feet in length, with a minimum clear height of 15 feet. Off-street truck loading spaces shall be provided at a rate of one space for the first 10,000 square feet or less of gross floor area, plus a minimum of one additional space for each additional 30,000 square feet of gross floor area or part thereof. For the purposes of this section, "gross floor area" shall also include gross outdoor storage area, whether covered or uncovered.

(Code 1968, § 29-86)

Cross reference— Definitions and rules of construction generally, § 1-2.

The following conditions shall apply to those uses which require a special permit. In addition to the following criteria, a site plan may be required in accordance with the provisions of section 90-391 and as set forth in section 90-464:

(1)

Gasoline service stations.

a.

The effect of such proposed buildings and uses upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the public health, safety and general welfare shall be considered.

b.

All activities except those required to be performed at the fuel pumps shall be performed within a completely enclosed building.

c.

Fuel pumps may be located within the front yard but shall be at least 20 feet from any street line.

d.

All automobile parts, dismantled vehicles and similar articles shall be stored within a building.

(2)

Carwashing facilities.

a.

No principal structure shall be located closer than 75 feet to any lot line abutting a residential district.

b.

An approach drive to accommodate a minimum of ten cars shall be constructed for the purpose of avoiding an accumulation of cars backing upon a public thoroughfare.

c.

Facilities adjacent to a residential district shall operate only between the hours of 7:00 a.m. and 9:00 p.m.

(3)

Nursing and convalescent homes (including homes for the elderly).

a.

All state rules and regulations for the licensing of such uses shall apply.

b.

All requirements of the state health department and fire marshal's office regarding such uses shall apply.

c.

Architectural barriers, such as stairs, for residents of such establishments shall be overcome to the greatest extent possible. Additional safety features, such as handrails in various areas, shall be installed.

(4)

Professional offices.

a.

All parking shall be off-street and shall conform to the requirements of section 90-387.

b.

All activity and equipment, other than parking, must be housed in a fully enclosed building.

c.

No noise or odor produced as a result of activity in such offices shall be discernible beyond the boundaries of the lot.

d.

All vehicular access to the site shall be from a street which meets town standards.

e.

No display in the building shall be visible from outside of the building.

f.

Property/Structure must be located within the high-density residential zoning district and be included within the Town of Woodstock Historic District.

g.

The following definition shall only apply to professional offices by special use permit within the high-density residential zoning district and be included within the Town of Woodstock Historic District, by special use permit:

Professional office means a structure used by a person in offering a service which requires specialized knowledge gained by intensive academic preparation, such as medicine, law, engineering and dentistry.

For all other applications within this chapter the definition of professional offices, as defined in section 90-1, shall apply.

h.

All other provisions pertaining to professional offices shall be met, with the exception of signage, which will be addressed as a part of the special use permit process.

(5)

Wayside stands.

a.

Structures for wayside stands shall not exceed 400 square feet in floor area.

b.

Structures shall not be closer than 20 feet to the side property line.

c.

Entrances and exits to roads shall be clearly delineated and located to provide safe ingress and egress.

(6)

Wind turbines.

a.

The application for special permit shall include a site plan that will show the location of the turbine and its appurtenances on the site, height, specifications of the turbine, location of utility lines, rights of way, access and service roads, structures on the lot, erosion and sediment controls, property lines, as well as distances from the turbine to said utility lines, rights of way, access and service roads, structures, property lines, etc.

b.

The applicant must comply with applicable State and Federal regulations, as well as the regulations found in the Building Code of the County of Shenandoah.

c.

No turbine or any parts thereof shall have any sign, writing or picture that may be construed as advertising.

d.

No wind turbine shall be taller than 70 feet in height or located on a parcel less than five acres in size.

e.

A wind turbine shall be set back a distance of at least equal to 110 percent of its total height from all property lines and occupied structures.

f.

Noise from a wind energy system shall not exceed 60 decibels, as measured at or beyond any property line.

g.

A wind turbine which has reached the end of its useful life or has been abandoned shall be removed within 150 days after the operation has been discontinued. Removed shall mean physical elimination of the wind turbine, foundation, accessories, equipment, electrical components, roads, cables, transmission lines and any other appurtenances from the site. The stabilization and/or re-vegetation of the site is necessary after removal.

(Code 1968, § 29-87; Ord. of 5-1-2012; Ord. of 9-3-2013; Ord. of 6-6-2023(1))

Cross reference— Fire prevention and protection, ch. 30.

State Law reference— "Conditional zoning" defined, Code of Virginia, § 15.1-430; conditional zoning, Code of Virginia, § 15.1-491.1 et seq.

(a)

Site plans may be required for any use within a commercial district or the medical-hospital center district and are required for all uses in an industrial district.

(b)

All applicants submitting a site plan shall request a preliminary meeting with the administrator in order to determine which of the following shall be included on the site plan:

(1)

The proposed title of the project and the name of the preparer and developer.

(2)

The north point, scale, date and vicinity map.

(3)

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

(4)

The present use of all abutting property.

(5)

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

(6)

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

(7)

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

(8)

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

(9)

The location, dimensions and character of construction of proposed streets, alleys and driveways and the location, type and size of ingress and egress to the site.

(10)

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

(11)

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

(12)

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

(13)

Provisions for the adequate disposition of natural and storm water, indicating location, sizes, types and grades of ditches, catchbasins and pipes and connection to existing drainage system.

(14)

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

(Code 1968, § 29-88; Ord. of 5-2-95(2))

Cross reference— Streets, sidewalks and other public places, ch. 66.

(a)

A landscape plan shall be submitted as part of every site plan and every application for a special use permit. The town manager shall review the landscape plan submitted and he shall make recommendations and set requirements, and the final landscape plan shall be subject to the approval of the town manager.

(b)

The landscape plan shall indicate planter dimensions, planter island locations, the location of plant material, and a plant list including common name, botanical name, size and spacing of plants. Tree preservation methods and any other treatments such as mulch, seed, sod, etc., shall be noted on the plan and shown in detail.

(c)

The location of existing and new utilities, rights-of-way, easements and dedications, as well as all other information required on a site plan for preliminary plat, shall be shown on the landscape plan. The landscape plan may be incorporated into the required site plan, application for special use permit, or preliminary plat.

(d)

The landscape plan shall be reviewed and comments shall be included with those of the site plan, application for special use permit, or preliminary plat review.

(e)

The landscape plan shall include a time schedule for implementation. The developer shall complete the plan in accordance with this schedule.

(f)

The owner, his agent, or a homeowners' association shall be responsible for the maintenance, repair and replacement of all landcaping materials and barriers indicated on the landscape plan.

(g)

All plant material shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris.

(h)

Fences and walls shall be maintained in good repair. Openings within the barriers may be required for accessibility to an area for necessary maintenance.

(Ord. No. 465, 6-2-92)

Cottage apartment or condominium developments shall require a minimum of one-half acre. The following regulations shall apply to cottage apartment or condominium:

(1)

Area regulations. The number of dwelling units to be constructed on one-half acre or greater shall be determined in accordance with section 90-155.

(2)

Minimum lot width. Minimum lot width shall be 125 feet at the setback line.

(3)

Minimum yard requirements for development site.

a.

Front yard. No structure shall be located closer than 30 feet to any street right-of-way.

b.

Rear yard. The rear yard shall be 35 feet.

c.

Side yard. The side yard shall be 15 feet.

(4)

Building height. The maximum height at the front (main entrance) to the unit shall be limited to one and one-half stories. If existing topographic conditions warrant, the rear and side of units may be a maximum of two and one-half stories, not exceeding a height of 35 feet.

(5)

Building size. Living space for each unit shall not be less than 500 gross square feet and a maximum of 1,200 gross square feet. In addition, have a minimum of private fenced outdoor space of 35% of the main level gross living space.

(6)

Regulations for cottage apartment or condominium development construction.

a.

Street or easement access. Each cottage apartment or condominium development shall have access on a dedicated public street or on an access easement as specified by the town planning commission. Number of access points to be determined at site plan review.

b.

Curb and gutter. Concrete curb and gutter shall be installed along all edges of pavement within the development used for vehicular access and parking.

c.

Sidewalks. Sidewalks shall be of five feet in width, constructed of concrete or brick, shall be installed from parking areas to all dwellings served by such parking areas, to community amenities (i.e., pavilion) and to public street access.

d.

Water and sewer. The proposed development shall be served by approved public water and sewer systems.

e.

Distances. The horizontal distance between dwellings within a CAC shall be:

1.

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

2.

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

3.

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

4.

For single level buildings a minimum of eleven feet between may be allowed.

5.

Reduced distances between buildings may be allowed provided building construction and material meets requirements for building code and Fire Marshall.

6.

Clustering of units into groups up to twelve to sixteen is encouraged where practical.

f.

Open space—Generally. There shall be provided 0.25 square feet of usable open space, not including parking or driveway areas, devoted to recreational use, for every square foot of gross residential floor area. This space shall take the form of parks or play areas, etc.

g.

Same—Management. Management of open space shall be in accordance with the following:

1.

All open space shall be preserved for its intended purpose as expressed in the site plan.

2.

There shall be an establishment of a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the planned development to insure the maintenance of open spaces.

3.

When the development is to administer open space through an association, nonprofit corporation, trust or foundation, such organization shall conform to the following requirements:

i.

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

ii.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community, and such organization shall not discriminate in its members or shareholders.

iii.

The organization shall manage all open space and recreational and cultural facilities, shall provide for the maintenance, administration and operation of such land and improvements and any other land within the planned community and shall secure adequate liability insurance on the land.

iv.

The organization shall conform to the Condominium Act (Code of Virginia, § 55-79.39 et seq.).

4.

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

h.

Same—Use; plans. Usable open space devoted to recreational use as required herein shall be designed for use by tenants of the development and shall be improved and equipped by the developer in accordance with plans submitted.

i.

Joint parking facility. Joint parking areas are encouraged with walkable corridors to each unit with deed of ownership (identified on site plans).

j.

Screening. Screening shall be provided of sufficient height and density to screen the site from adjoining non-residential uses. A planting plan, specifying type, size and location of existing and proposed planting material, shall be submitted with the application for the permit.

k.

Parking facilities generally. Parking facilities shall be in accordance with the following:

1.

Off-street parking, whether garage or on-lot, shall be provided on the premises in accordance with section 90-387 with 1.5 parking spaces per dwelling unit.

2.

Required parking spaces shall be provided on the same lot as the building served.

i.

All access drives shall be at least 15 feet from any building on the lot and from exterior lot lines.

ii.

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

iii.

All dead-end parking lots shall be designed to provide sufficient backup area for the end stalls of the parking area.

iv.

All accessways and parking areas shall be paved with a double surface treatment or concrete covering.

v.

Entrances and exit ways and interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site.

vi.

Any other requirements shall be complied with which are deemed necessary by the planning commission or town council for the public health and safety.

vii.

Parking shall be allowed in required side yards but no closer than ten feet to property line.

viii.

Screening shall be required between parking spaces and exterior property lines. The intent is to reduce headlamp glare to others. Type size and material to be provided with requirements of j. in this section.

l.

Drainage. A storm runoff and drainage system shall be installed by the developer in accordance with applicable state and local stormwater and sediment and erosion control requirements.

m.

Lighting. Lighting for buildings, accessways and parking areas shall be so arranged as not to reflect toward public streets or spill over to building occupants or surrounding property owners or residents. No lighting shall cause direct glare cast off-site.

n.

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

o.

Site plan. A site plan drawn in accordance with section 90-391 and 392 and shall be reviewed by the planning commission with town staff approval.

(Ord. of 1-3-2023(1))