Town of Stanley, VA Article VII Supplementary Regulations

§ 215-31 Minimum standards.

Each of the uses listed below shall meet the specified standards regardless of whether it is listed as a use permitted by right or as a use permitted by special permit. These requirements represent the minimum requirements. When a special use permit is being applied for, the Town Council may, at its discretion, require more than the minimum as a condition of final approval.

§ 215-32 Off-street parking.

A. All parking areas shall be designed in accordance with the following standards:

(1) The minimum parking stall dimension shall be 10 feet in width and 20 feet in length.

(2) Access driveways to parking areas shall not be less than 12 feet in width for one-way traffic and not less than 24 feet in width for two-way traffic.

(3) Off-street parking areas providing more than two required spaces shall be designed so that no vehicle would have occasion to back into any public street.

B. Aisles and driveways within parking areas shall have the following minimum widths:

	Type of Parking	Minimum Width (feet)
	Parallel	12
	Up to 30°	12
	30° to 45°	15
	45° to 60°	18
	60° to 90°	24

C. Parking spaces shall be provided in accordance with the minimum requirements specified in the off-street parking schedule (Schedule A). When the computation to determine the number of spaces results in a requirement of fractional spaces, any fractions up to and including 1/2 shall be disregarded and fractions exceeding 1/2 shall require one space. For any other cases or combination of uses which do not fit one of the categories listed in the schedule, the approving authority shall determine the required number of spaces.

D. In parking areas for major commercial development, a one-way internal circulation system is encouraged to facilitate traffic movement and to reduce the number of conflict points.

E. Parking stalls, driveways and aisles shall be clearly marked and delineated. The Planning Commission shall require that certain areas be maintained for fire-fighting purposes. These areas shall be clearly designated by a red line and "no parking" signs.

F. All off-street parking areas shall be paved except if the intensity and frequency of use is limited, in which case the Planning Commission may permit a gravel or stone surface.

G. Existing off-street parking areas shall not be reduced or encroached upon in any way which would make them deficient for the uses served.

H. The collective provision of off-street parking by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required for involved buildings or uses computed separately, unless it can be demonstrated to the satisfaction of the approving authority that the periods of need are entirely or partially exclusive.

I. All off-street parking is to be provided on the lot or contiguous to the lot and adjacent to the specified principal use. For nonresidential uses in commercial districts, required parking may be located within 150 feet of such use, said distance to be measured from the nearest point of the parking lot to the nearest point of the building being served.

J. Where an applicant makes provisions for a shared-ride system (buses, van pools, etc.) for its employees or for the users of the facility, the parking requirements may be reduced as determined by the Planning Commission. The applicant shall indicate the basis for a proposed reduction. Preferential parking spaces shall be given to such shared-ride vehicles.

	Schedule A Parking Space Requirements
	Type of Use		Minimum Parking Spaces
	Residential units
		Single-family detached or mobile homes	2 per unit provided on lot
		Two-family unit (duplex)	2 per unit provided on lot
		Single-family attached or townhouse	2 per unit provided on lot, plus 1 per 2 units for visitor parking, provided in off-street bays
		Garden apartments	2 per unit provided in off-street bays
	Commercial establishments
		Retail store or service business	1 per 200 square feet of gross leasable area
		Service station	2.5 for each service bay
		Theater	1 for each 4 seats
		Shopping center	5.5 per 1,000 square feet of gross leasable area
		Bank	6 per teller window
		Motel, hotel or transient guest home	1 per room
		Restaurant	1 per 2 seats devoted to service
		Office, general and professional	1 per 250 square feet of gross floor area
		Research laboratory	1 per employee plus 10%
		Wholesale store, motor vehicle establishment or furniture store	1 per 400 square feet, exclusive of storage space
	Community facilities
		Church or house of worship	1 for each 4 seats
		Assembly hall, auditorium or community center	1 for each 100 square feet of gross floor area or 1 for each 4 seats, whichever is greater
		Hospital	1.5 per bed
		Nursing home or institution for aged	1 for each 3 beds
	Schools
		Elementary school or junior high school	1 for each employee plus 10%
		High school	10 per classroom
		College	1 for every 2 students, plus 1 per 4 dormitory beds
		Library or museum	1 per 500 square feet of gross floor area
		Funeral home	10, plus 1 for each 50 square feet devoted to chapel or slumber rooms
	Industrial establishments
		Industrial or manufacturing use	1 per employee plus 10%, or 1 per 750 square feet of gross floor area, whichever is greater
		Storage warehouse	1 per employee plus 10%, or 1 per 750 square feet of gross floor area, whichever is greater
	Recreational facilities
		Club or golf clubhouse, commercial or noncommercial use	1 for each 4 persons of rated capacity
		Bowling alley	4 per alley
		Skating rink	1 for each 120 square feet of skating area

§ 215-33 Off-street loading.

A. Off-street loading space shall be provided with all new construction or the creation of new uses in accordance with the following standards:

(1) An off-street loading space shall be a space not less than 12 feet in width and 60 feet in length, with 15 feet of vertical clearance.

B. An off-street loading space, as defined above, shall be required:

(1) For each 20,000 square feet of gross floor area in a hospital.

(2) For each 2,500 square feet of gross floor area in a funeral home. The dimensions of a funeral home loading space may be reduced to 33 feet by 12 feet.

(3) For each 12,000 square feet of gross floor area in a commercial use or manufacturing establishment.

C. When the computation to determine the number of required loading spaces results in a requirement for a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions exceeding 1/2 shall require one space.

D. Existing required loading areas, together with their accessways, shall not be encroached upon or reduced in any manner or devoted to any other use.

E. All off-street loading spaces shall be surfaced with gravel or asphaltic cement. The arrangement of off-street loading spaces shall be such that no vehicle shall have occasion to back into any public street or an internal access road of a parking area.

§ 215-34 Lighting.

All applications shall include plans for proposed lighting. The plans shall include the location, type of light and radius of light. All lighting shall be designed in accordance with the following design standards:

A. The height of the lighting shall be in scale with the height of the principal building and shall not exceed 35 feet in height.

B. Lighting shall be located along streets, parking areas and at all intersections. Freestanding lights shall be located and designed so that they are not easily damaged by vehicles nor become a roadside hazard.

C. Perimeter lights shall be properly shielded to restrict the maximum apex of illumination to 150° and to prevent glare or illumination on adjacent land uses.

§ 215-35 Buffering and screening.

All commercial and industrial uses shall be provided with sufficient buffering and screening to minimize any adverse impacts or nuisances on adjacent areas and to improve the physical appearance of the site. The use of buffering, such as adequately spaced deciduous trees, low hedges, bushes, berms and other landscaping elements, is recommended to soften the visual impact of the proposed use and to provide a visual break between adjacent uses of the same type. "Screening" is defined as a physical or natural barrier that is required to block an objectionable view or to prevent nuisance characteristics of the proposed use, such as noise, trash or light, from extending beyond the limits of the property. Fences, walls, high hedges, mounds and dense tree plantings (normally evergreens or poplar trees) are examples of effective screening methods. The following general standards are to be utilized in the design:

A. Buffering or screening shall be required along the perimeter of all commercial and industrial sites unless waived by the Planning Commission. Buffers shall be created along and adjacent to property lines of similar or proposed uses and along the road. Buffers may also be required on the interior of the site to shield parking areas. Whenever a commercial or industrial land use abuts an existing or a proposed residential land use, a dense natural barrier or screen shall be required. Screening may also be required around garbage collection areas, loading bays and where interior roads run parallel with roads exterior to the site. Screening should also be considered along the rear property line to act as a backdrop for the proposed use.

B. Windbreaks, composed of appropriate natural screening, should be considered in the prevailing wind direction to prevent wind-borne debris from leaving the site. Buffer zones shall be maintained in their natural state when wooded. When natural vegetation is sparse at certain locations, the Planning Commission may require planting native to existing adjacent woodland.

C. Fences or walls are effective screening devices. However, any proposed fence or wall shall complement the structural type and design of the principal buildings. The use of fences with high transparency (i.e., chain -link fence) shall not be considered as an adequate buffer unless complemented by landscaping. High fences or walls with little, if any, transparency, shall only be considered in areas appropriate for screening.

D. The use of landscaping techniques such as terracing and the creation of berms or mounds shall be encouraged as part of the plan and to accomplish adequate buffering or screening.

§ 215-36 Fences and walls.

A. Fences and walls shall be erected, altered or reconstructed in accordance with the following regulations:

(1) Fences shall not encroach upon rights-of-way or adjacent properties.

(2) All fencing shall be in conformance with the requirements for visibility at intersections and driveways listed in the following section.

(3) The height of a fence on a property line in a residential area should not exceed four feet in height in the front and side yards and six feet in the rear yard. Fences that need to exceed this height, with the maximum being six feet, can do so by being issued a special use permit.

(4) Security fences around commercial, industrial or institutional uses shall not exceed 16 feet.

B. All fences shall be of permanent construction and shall withstand a wind load of 15 pounds per square foot.

C. Fences shall not be erected of barbed wire, topped with metal spikes or glass, nor constructed in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to a farm and except further that fences around commercial or industrial uses may be topped by a five-strand protective wire barrier.

D. Swimming pools shall be surrounded by a fence at least four feet in height which shall be located at least three feet from the perimeter of the pool.

E. All fences shall be maintained in sound condition. Whenever a fence or portion thereof is determined to be structurally unsafe, the Zoning Administrator shall order the owner in writing to repair said fence or remove it within 10 days or be subject to the penalties stipulated in this chapter.

§ 215-37 Visibility at intersections.

The following requirements shall apply in all districts:

A. Nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision between a height of 30 inches and 10 feet above the center-line grade of the abutting streets or driveways within the triangular area formed by the intersection of street and driveway lines.

B. For corner lots, a straight line joining points located a distance of one foot for each mile of allowed speed limit from the intersection of the street lines for a minimum of 15 feet shall be kept clear.

C. For a driveway entering a public street, a straight line joining points located a distance of one foot for each mile of allowed speed limit along the street line and a point a distance of 15 feet along the driveway line from the intersection of the street and driveway lines shall be kept clear.

A and B: Distances equal one foot for each mile of allowed speed limit.

§ 215-38 Signs.

All signs shall be erected, constructed, altered or replaced as provided in this section. All signs shall meet the standards in Schedule B.[1] The following restrictions shall apply:

A. No sign shall be erected, constructed, altered or replaced except as provided for in this section.

B. No sign shall be erected which will obstruct free and clear vision on any street, nor shall it obstruct the view of or be confused with any traffic sign, signal or device.

C. No sign shall be attached to trees, fence posts, stumps, utility poles, light standards, bridges or any part of an official traffic sign or device.

D. No sign shall extend over any sidewalk or public right-of-way, nor shall any sign extend beyond any property line.

E. All sign lighting shall be designed and directed to protect the adjoining properties and streets from glare. No signs shall be illuminated with flashing lights, bulbs or fluorescent tubing.

F. All signs except temporary real estate sale signs on private residences require the issuance of a zoning permit. Applications to erect or construct a sign shall be part of site plan review or shall be directed to the Zoning Administrator for any use not requiring a site plan. The application shall include sufficient information and sketches to indicate compliance with this section.

[1] Editor's Note: Schedule B, Sign Regulations, is included at the end of this chapter.

§ 215-39 Home occupations.

A. A home occupation, as defined by this chapter, shall be permitted as an accessory use for a single-family detached dwelling unit in the specified zoning districts, provided that the following standards are observed:

(1) The home occupation shall be operated by a family member or member residing on the premises.

(2) No more than 25% of the gross habitable floor area of the residential structure nor more than 300 square feet of an accessory use shall be used or occupied by the home occupation.

(3) The residential character of the lot, building and area shall not be changed. No occupational sounds shall be audible at any property line, and no equipment which will result in radio or television interference shall be utilized.

(4) No more than one sign shall be permitted on the lot identifying the home occupation, and such sign shall not exceed two square feet in area.

B. The Zoning Administrator shall decide whether a use meets the home occupation standards listed in this chapter. If the Zoning Administrator is unable to decide whether a proposed use is a home occupation or whether a use violates the standards of this section, the Board of Zoning Appeals shall make the final determination.

§ 215-40 Planned Neighborhood Development.

[Amended 11-15-2006]

A. Intent. Pursuant to §§ 15.2-2201 and 15.2-2286 of the Code of Virginia, the Town Council of the Town of Stanley establishes the Planned Neighborhood Development (PND) Zoning Ordinance to allow planned neighborhood development on large tracts of land characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning (as permitted herein) and density calculation are performed for the entire development rather than on an individual basis. The purposes of this section are to provide an alternative form of development that:

(1) Eliminates standard dimensional requirements while reserving sufficient natural open space for common use, conservation or recreational purposes, and providing adequate buffering between structures and adjacent properties;

(2) Enhances the physical appearance of the Town by preserving the Town's natural assets and distinctive character;

(3) Promotes more efficient use of land and provision of public facilities, utilities, streets, and services;

(4) Provides the opportunity for innovative combinations of integrated housing, recreation, neighborhood-oriented commercial and professional uses, and increased public amenities within a single development;

(5) Conserves natural and environmental resources and the integrity of natural systems;

(6) Encourages innovative residential development so that housing demands are met by a greater variety of types, designs, and layouts of residential structures;

(7) Encourages creative and site-sensitive developments by allowing increased overall density in exchange for planned neighborhood development pursuant to this chapter;

(8) Promotes the design of a walkable environment for pedestrians within the neighborhood, which provides a circulation system for various transportation modes; and

(9) Satisfies the general purposes of zoning regulations to promote the health, safety, morals and general welfare of the community.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ASSISTED-LIVING FACILITY

A residential facility for two or more persons that provides nursing assistance and/or support services for residency of elderly and/or disabled persons, where residents share common meals.

BASE DENSITY

The density as established in the following existing Stanley Residential Zoning Districts: MDR and HDR. The existing Stanley Town Commercial District, TC, shall have a base density equal to that established in the Residential MDR District.

COMMUNITY HALL

A structure designed and constructed for civic uses and may include a community meeting room, a library annex, space dedicated to historical or cultural displays or uses, athletic or exercise facilities, or uses found to be similar in intent and function with this section.

NEIGHBORHOOD RECREATION USE

Includes basketball courts, tennis courts, playgrounds, tot lots, picnic areas, and the like.

NEIGHBORHOOD RESTAURANT

A restaurant of not more than 20 seats, nor five employees per operating shift, open for business not later than 10:00 p.m.

NEIGHBORHOOD-ORIENTED COMMERCIAL

Includes neighborhood-oriented retail businesses with not more than 4,000 square feet of gross floor area. The term shall include convenience stores, bookstores, dry cleaners, ice cream stores, barbershops and beauty shops, wearing apparel stores, bakeries, drugstores, banks, gift shops, hardware stores, or other uses found to be similar to one or more uses listed herein, but shall not include automobiles sales operations.

NONTIDAL WETLANDS

Those wetlands other than tidal wetlands that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the Clean Water Act as amended.

OPEN SPACE

Common space generally intended for passive recreation and not improved with a building, structure, vehicular travel lane, driveway, street, sidewalk, or parking area. Open space may include pedestrian ways, bike paths, trails interconnecting open space areas; undisturbed natural areas, woodlands, preservation areas; community facilities; landscaped grounds, buffers; playgrounds and tot lots; swimming and boating areas. Open space shall not include yards within individual residential lots, yards less than 30 feet wide between buildings, lands occupied by tennis courts, golf courses, and buildings.

PLANNED NEIGHBORHOOD DEVELOPMENT (PND)

Used in two contexts: Depending upon the context, planned neighborhood development refers to the development authorized by this section or a project which is proposed for consideration under this section. This term shall have the same meaning as mixed-use development and planned unit development as defined in the Code of Virginia (1989 Session, Virginia Acts of Assembly, Chapter 384).[1]

[1] Editor's Note: For the state definitions of “mixed-use development” and “planned unit development,” see § 15.2-2201 of the Code of Virginia.

C. Permitted uses.

(1) All planned neighborhood developments shall permit the following residential and accessory uses:

(a) Detached single-family dwellings;

(b) Two-family dwellings (duplex);

(c) Multifamily dwellings (multiplex);

(d) Townhouses with a maximum of eight units per structure;

(e) Accessory buildings or uses as defined in the Master Plan and Covenants of the PND;

(f) Recreation or park facilities;

(g) Retirement living facilities (handicapped accessible);

(h) Municipal buildings or uses;

(i) Public utilities: poles, lines, booster and relay stations, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage systems. Such utilities shall be buried or otherwise screened in accordance with design standards of the development as defined in the Master Plan;

(j) Home occupations as set forth in § 215-39 and approved by the homeowners' association prior to issuance of license;

(k) Public libraries;

(l) Schools; and

(m) Churches.

(2) Planned neighborhood developments shall permit the following community and institutional uses under the terms set forth in Subsection Q, Density bonus:

(a) Child-care facilities; and

(b) Community halls.

(3) Planned neighborhood developments comprising 20 acres or more may contain the uses permitted in Subsection C(1) and (2) as well as the following commercial uses:

(a) Neighborhood-oriented commercial businesses;

(b) Personal services;

(c) Business or professional offices;

(d) Neighborhood restaurants; and

(e) Banks, branch banks and financial institutions.

(4) Planned neighborhood developments may include the following uses, provided such uses are either specifically approved as part of the original development plan or approved by special use permit in accordance with Appendix A, 703, if proposed subsequent to approval of the Master Land Use Plan and Covenants.

(a) Assisted-living facilities or other nursing homes as permitted in § 215-13.

(5) Except as otherwise specified for PNDs, proposed uses within a PND shall be subject to the provisions set forth for such use in this chapter.

(6) Prohibited uses. Junkyards, off-site signage, used automobiles and truck/trailer sales, mobile homes, outdoor storage yards, industrial uses, and uses otherwise determined in § 215-17 and by the Town Council at its discretion are prohibited in a planned neighborhood development.

D. Review and creation of the Planned Neighborhood Development District. Whenever a tract of land meets the minimum requirements for classification as a PND District as stipulated herein, the owner may file an application with the Town Manager, requesting rezoning to this classification. A preliminary conference with staff prior to such filing is required.

(1) Concept plan.

(a) Procedure.

[1] The owner may present and file with the Director of Planning a concept plan for the project, along with the fee established in the schedule of fees, showing the rough layout of major roads within the project, and such areas within the project as may be planned for particular uses or mixtures of uses, as outlined below. Upon receipt, the Director of Planning shall forward the concept plan to the Planning Commission for review and comment. The Planning Commission may recommend to the Town Council approval, denial or modifications to the concept plan.

[2] Upon review and recommendation by the Planning Commission, the Town Manager shall forward the concept plan to the Town Council for review and comment. The Town Council may approve, deny or approve conditionally with stated modifications. Approval of a concept plan is only an expression of apparent favor to be used in preparation of the PND Master Land Use Plan and does not authorize construction of improvements.

(b) Submittal requirements. The concept plan shall be prepared by a Virginia registered architect, landscape architect, or engineer with seal and signature affixed to the plan. The plan shall be approximately to scale and clearly show the following:

[1] Location map showing existing zoning and ownership of property and adjacent land;

[2] Identification of principal natural features and/or unique site design features;

[3] Relationship of the proposal with surrounding utilities and public facilities to serve the tract at the ultimate proposed densities;

[4] The location and size of the components of the PND, including the general layout of the road system within the project, location of use areas within the project planned for particular uses or mixtures of uses and their acreage, residential densities, and the interior open space system and preservation areas;

[5] Written description of the use areas;

[6] A statement demonstrating consistency with the Town of Stanley Comprehensive Plan, suitability of the tract for the type and intensity of the activities proposed, the anticipated availability of adequate road networks, and the objectives stated in Subsection A above.

(2) Master land use plan. Within six months of the Town Council's approval or approval conditioned upon modifications of the concept plan, the developer/owner may prepare and file an application for an amendment to the Official Zoning Map to a Planned Neighborhood Development (PND) District, as set forth in this chapter, together with the established fee in the schedule of fees for rezoning, a statement of proposed proffers, and an engineered master land use plan for development presenting a unified and organized arrangement of buildings, service areas, parking, landscaped areas, recreation areas, open space and community facilities. All information submitted for consideration as a master land use plan shall be of sufficient clarity and scale to accurately identify the location, nature, and character of the proposed district. At a minimum, the information contained on a master land use plan shall include:

(a) A map of the boundaries of the proposed development site, showing bearings, dimensions at a scale not greater than one inch to 600 feet;

(b) A statement of existing property owner(s) and the proposed developer;

(c) Names and addresses of adjacent property owners;

(d) A vicinity map drawn at a scale of between one inch equals 200 feet and one inch equals 2,000 feet and showing the relation of the property;

(e) Topographic map with contour lines at vertical intervals of not greater than five feet at a minimum scale of one inch to 200 feet;

(f) A site analysis map of existing conditions, including but not limited to the location and delineation of sensitive environmental features, any one-hundred-year floodplains, watercourses, non-tidal wetlands, areas greater than fifteen-percent slope, areas with slopes between 15% and 40%, and significant geologic formations or man-made features, existing structures and public facilities, historic landmarks, existing zoning on site and surrounding areas;

(g) The overall scheme of development, including the general layout of proposed land uses at a scale of one inch equals 200 feet;

(h) The location and acreage of recreation areas, open space and conservation areas, and parks within the development;

(i) The location, acreage and type of nonresidential areas and uses, and community/public uses;

(j) For each residential area shown, the total number of units in each by type and density;

(k) An access and circulation plan showing the general location of all existing and proposed streets and easements of right-of-way, bridges, culverts, railroads, and utility transmission lines;

(l) A traffic impact analysis meeting VDOT requirements and description of the base existing conditions and traffic volumes for the connecting external road network serving the site, projected average daily traffic for all new streets within the subdivision based on the proposed land uses and the traffic growth on adjacent highways, trip generation rates for peak hours by development and phase, and internal/external trip distribution and intersection and capacity analysis, identifying off-site access and traffic control improvements generated by the traffic demands of the proposed project at full development;

(m) The proposed general location of all building areas and other improvements, except single-family and two-family dwellings and accessory buildings;

(n) Notations showing the total gross development acreage, the net development acreage, acreage devoted to each land use category, the number of dwelling units and overall development density of the project;

(o) General intent and schematic plans for water, sanitary sewer, stormwater management, electrical services, and other utilities;

(p) An approximate development schedule/phasing plan;

(q) A general description of proposed agreements, provisions, or covenants that govern the use, maintenance, and continued protection of property to be held in common ownership;

(r) Municipal boundaries through the property;

(s) A narrative statement demonstrating consistency with the Town of Stanley Comprehensive Plan, suitability of the tract for the type and intensity of the activities proposed, and the planning purposes to be achieved by the proposed PND as stated in Appendix A, 409.0, the design theme and major elements, principal site features, and environmental components integrated into the plan;

(t) An impact assessment on the environment, schools, and on community facilities, services and taxes;

(u) Demographic profile of proposed development (population, housing, school children and employment);

(v) Other relevant data which may be used to evaluate the project; and

(w) A set of design guidelines describing the design principles for the site arrangement, standards for development, including proposed yards, building heights, building architecture, open space characteristics, landscaping, hardscape, and buffering, and streetscapes related to scale, proportions, and massing at the edge of the district. The design guidelines will establish the appearance standards to be used as the basis for the appearance review occurring concurrent with the site development review. The purpose of the appearance standards shall be:

[1] To encourage development that enhances the character of the Town.

[2] To enhance and protect property values by encouraging excellent design.

[3] To encourage architectural freedom, imagination and variety, and to encourage creative design solutions that will enhance the Town's visual appearance.

[4] To promote harmonious unified development within a planned neighborhood.

(3) Demonstration of purposes. The purposes shall be demonstrated in each of the components as follows:

(a) Relationship of building site.

[1] The proposed nonresidential development shall be designed and sited to accomplish a desirable view as observed from adjacent streets.

[2] Nonresidential parking areas shall be enhanced with decorative elements, building wall extensions, plantings, berms, or other appropriate means to screen parking areas from view from the streets and adjacent properties.

(b) Relationship to adjoining areas.

[1] Adjacent buildings of different architectural styles shall be made compatible by use of screens, sight breaks, materials and other methods.

[2] Landscaping shall provide a transition to adjoining property and screening between residential and commercial uses, and for off-street commercial parking and loading areas from public view.

[3] Texture, building lines and mass shall be harmonious with adjoining property. Monotonous texture, lines and mass shall be avoided.

(c) Building design and landscaping. The applicant shall provide a narrative for all building types describing compliance with the following, including dimensional and qualitative specifications:

[1] Quality of design and landscaping, and compatibility with surrounding uses for proposed nonresidential development. Architectural style is not restricted.

[2] Materials and finishes of good, sound architectural quality that are harmonious with adjoining buildings.

[3] Suitable materials for the type and design of the building. Materials that are architecturally harmonious shall be used for all exterior building walls and other exterior building components.

[4] Building components, such as windows, doors, eaves, and parapets, with appropriate proportion and relationships to one another.

[5] Use of harmonious colors and compatible accents.

[6] Mechanical equipment or other utility hardware on roof, ground, or buildings screened from view with materials harmonious with the building.

[7] Nonmonotonous design with visual interest provided by variation in detail, form, and siting.

[8] Exterior lighting used as part of the architectural concept; fixtures, standards, and all exposed accessories harmonious with the building design.

[9] Landscaping treatment creating unity of design, enhanced architectural features, strengthened vistas, and providing shade.

[10] Plant materials selected for interest in its structure, texture, and color and for its ultimate growth using indigenous plants and those that are hardy, harmonious to the design and of good appearance.

[11] Protection of plant materials by appropriate curbs, tree guards, or other devices in locations which are susceptible to injury by pedestrian or vehicular traffic.

(d) Signs.

[1] Signs shall conform to the provisions of § 215-38 and the signs regulations of this chapter for residential districts and this section, except that signs erected on poles shall not be permitted (except any street or roadway signs).

[2] Every sign shall be of appropriate scale and proportion in relation to the surrounding buildings.

[3] Every sign shall be designed as an integral architectural element of the building and site to which it relates.

[4] The colors, materials, and lighting of every sign shall be harmonious with the building and site to which it relates.

[5] The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's principal message and shall be in proportion to the area of the sign.

[6] Each sign shall be compatible with signs on adjoining plots or buildings.

[7] Logos shall conform to the criteria for all other signs.

[8] A coordinated, unified sign plan shall be utilized for direction and information within the PND.

(e) Miscellaneous structures. Miscellaneous structures and hardware shall be part of the architectural concept of the project. Materials, scale and colors shall be compatible with the building and surrounding uses.

(4) The Planning Commission shall proceed in general as for any other rezoning application as required in this chapter, and recommend to the Town Council to approve, conditionally approve or disapprove the application.

(5) The Town Council shall proceed in general as for any other rezoning application as required in this chapter. Subsequent to the public hearing and a recommendation from the Planning Commission, the Town Council shall approve, conditionally approve or disapprove the application for a master land use plan.

(6) Upon approval of a master land use plan for development, the Official Zoning Map shall be amended to indicate the property as "PND — Planned Neighborhood Development." Once the Town Council has approved the master land use plan, all accepted proffers shall constitute conditions, enforceable by the Zoning Administrator.

E. Standards.

(1) Planned neighborhood developments shall contain not less than 15 contiguous acres.

(2) The project area must be held in single ownership or all property owners within the proposed district must participate in the application.

(3) Planned neighborhood developments shall be served by municipal water and sewer service.

(4) Conservation lands. Lands with the following characteristics shall not be developed and shall not be platted as part of a residential, community, institutional or commercial lot within a planned neighborhood development: land within the one-hundred-year floodplain; land with a natural slope in excess of 40%, and as determined by standard slope computation methods. These lands shall be designated on the plat for conservation purposes. Conservation lands may be used in computing the allowable base residential density. Nontidal wetlands may be platted, but shall be protected by preservation easements.

(5) Management and ownership of common open space and facilities. All common spaces, properties, and facilities shall be preserved for their intended purpose as specified on the approved plan. The developer shall provide for the establishment of a property owner's association conforming to the Virginia Property Owners' Association Act, Code of Virginia (1950), as amended, to ensure the maintenance of all common areas.[2]

[2] Editor's Note: See § 55-508 et seq. of the Code of Virginia.

F. Traffic improvements. Where a proposed planned neighborhood development borders on an existing street whose right-of-way, traffic-carrying capacity, or sight lines are inadequate to safely and efficiently accommodate the traffic generated by the proposed development, the Town Council shall require the applicant to dedicate land for needed realignment or widening, and to undertake or fund the needed street improvements.

G. Dimensional standards.

(1) Building separation. No structure under 30 feet in height shall be located within 10 feet of any other structure. Buildings higher than 30 feet shall be separated by an additional one foot of separation for each foot of increased height over 30 feet, with no buildings being more than 45 feet in height.

(2) Church spires, belfries, cupolas, monuments, municipal water towers, chimneys, flues, flagpoles, television antennas and radio aerials are subject to Town Council approval up to a maximum of 60 feet in height.

H. Perimeter boundary.

(1) No portion of a building, structure, or parking area shall be located within 55 feet of abutting property that is not part of the proposed planned neighborhood, unless the zoning of the adjacent property permits uses similar to the proposed planned neighborhood district use to be located abutting the common boundary. Where proposed PND uses are similar to uses permitted on the adjacent property, the minimum separation shall be the same as required for the zoning district on the adjacent property.

(2) No portion of a nonresidential use, multifamily residential use, community use, institutional use or active recreational use shall be located within 100 feet of abutting property that is not part of the proposed planned neighborhood, unless the abutting property is developed as a planned neighborhood district, whereas the separation shall be equal to the existing yard requirement on the abutting planned neighborhood district property.

(3) The minimum front yard requirement of the MDR Medium Density Residential Zoning District shall apply for a minimum of 200 feet from the border of a planned neighborhood development and adjoining property that share frontage on the same side of a street.

I. Multifamily residential development standards. Multifamily residential development housing shall consist of either townhouses or multiplexes.

(1) Townhouses. The maximum number of dwelling units permitted within a townhouse structure shall be eight. Townhouse structures shall be developed in compliance with the following requirements:

(a) There shall be a minimum of 2 1/2 parking spaces for each townhouse unit. The shared use of such overflow parking with other uses and activities is encouraged.

(b) Walkways of four feet in width, constructed of concrete, stone, brick or similar masonry material (not including asphalt), shall be installed from parking areas to townhouse units served by such parking areas.

(c) The facades of townhouse units shall have variation in materials, setbacks, and design so that abutting units will not have the same or essentially the same architectural treatment of facades and rooflines.

(2) Multiplex structures. The maximum number of dwelling units permitted within a multiplex structure shall be four. Multiplex structures shall be developed in compliance with the following requirements:

(a) There shall be a minimum of 2 1/2 parking spaces for each unit. The shared use of such overflow parking with other uses and activities is encouraged.

(b) Walkways of four feet in width, constructed of concrete, stone brick or similar masonry material (not including asphalt), shall be installed from parking areas to multiplex units served by such parking areas.

(c) The minimum size of each individual unit shall be no less than 700 net square feet.

(d) Each separate dwelling unit shall have living space located on the ground floor of the structure.

(3) Accessory buildings shall be limited to one enclosed storage building not exceeding seven feet in height nor exceeding 10 feet in length by 10 feet in width.

J. Utilities. Utilities, such as electric transmission cable television lines, and telephone lines, serving the planned neighborhood subdivision shall be installed underground.

K. Accessory structures. Accessory structures shall not be located within any front yard, side yard or within five feet of any other structure. The location of these structures shall be indicated on the master plan and included in the covenants of the PND.

L. Neighborhood recreational uses. A minimum of 30% of the required open space shall be dedicated and developed for neighborhood recreational use to serve the recreational demands generated by the planned neighborhood development. Recreational facilities shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

M. Commercial uses development standards.

(1) For planned neighborhood developments, land dedicated to commercial uses shall be in proportion to the remainder of the development. Planned neighborhood development containing at least 20 acres may include a commercial area that shall be between 5% and 15% of the total land area of the project acreage. The developer/owner shall provide specific justification of commercial areas proposed in excess of 5% of the total acreage, identifying specific impacts of the commercial development and demonstrating adequate mitigation of such impacts.

(2) The total gross floor area of any one commercial category shall not exceed 35 square feet for each residential unit.

(3) Commercial uses shall be designed with the intention of serving the immediate needs and convenience of residents within and immediately surrounding the planned neighborhood development.

N. Open space standards.

(1) Planned neighborhood developments shall reserve a minimum of 30% of the total project area, not developed as single-family detached dwelling units having a minimum lot size of 10,000 square feet, as dedicated natural open space.

(2) Up to 25% of this requirement may be satisfied with land covered by water or by stormwater detention or retention basins (dry ponds shall not be permitted as open space), if the Town Council determines that such a water body or basin is suitable for the purposes set forth in Subsection A. The dedicated open space shall not be included in subdivision lots. Dedicated open space shall include the land necessary to provide access to the open space.

(3) Land characterized as conservation lands in Subsection N(4) may be used to fulfill the minimum open space requirement up to a maximum of 50% of the total dedicated natural open space within a planned neighborhood development.

(4) Dedicated open space shall have shape, dimension, character, location, and topography to accomplish the open space purposes specified in Subsection A and to ensure appropriate public access.

(5) Dedicated open space land shall be shown on the planned neighborhood development concept plan and master land use plan and shall be labeled to specify that the land has been dedicated to open space purposes. The plans and final plat shall specify that the open space land shall not be further subdivided or developed and is permanently reserved for natural open space purposes.

(6) The open space shall be conveyed by the applicant as a condition of plat approval and may be conveyed by any of the following means as determined by the Town Council:

(a) Reserved for common use or ownership of all property owners within the development by covenants in the deeds approved by the Town Attorney. A copy of the proposed deed covenants shall be submitted with the application.

(b) Deeded to a property owner's association within the development upon terms and conditions approved by the Town Attorney that will ensure the continued use and management of the land for the intended purposes. The formation and incorporation by the applicant of one or more appropriate property owners' associations shall be required prior to plat approval. A copy of the proposed property owner's deed and the bylaws and other relevant documents of the property owner's association shall be submitted with the application. The following shall be required if open space is to be dedicated to a property owner's association:

[1] Covenants providing for mandatory membership in the association and setting forth the owner's rights, interests, and privileges in the association and the common land, must be included in the deed for each lot or unit;

[2] The property owners' association shall have the responsibility of maintaining the open space and operating and maintaining recreational facilities;

[3] The association shall have the authority to levy charges against all property owners to defray the expenses connected with the maintenance of open space and recreational facilities; and

[4] The applicant shall maintain control of dedicated open space and be responsible for its maintenance until 75% of occupancy permits for residential units have been issued and development is sufficient to support the association.

(7) The owner/developer shall convey or restrict the open space land by a deed instrument reviewed and approved by the Town Attorney to ensure that the land will be held and managed in perpetuity for open space purposes and shall not be further developed.

(8) If the planned neighborhood development is developed in phases, the provision of dedicated natural open space shall be phased with the construction of dwelling units and other improvements to ensure that a proportionate share of the total dedicated open space is preserved with each phase.

(9) Streets and other impervious surfaces shall be excluded from the calculation of the minimum dedicated open space requirement; however, lands occupied by bike paths, landscaped grounds, or similar common recreational development (excluding tennis courts, golf courses, and buildings) may be counted as dedicated open space, provided that impervious surfaces constitute no more than 5% of the total required open space.

(10) Open space shall be permanently dedicated for one or more of the following uses: natural resource conservation, recreational facilities, wetland and watercourse preservation, selective forestry, wildlife habitat, undeveloped parklands or scenic preservation.

O. Off-street parking. The number, design, location and construction of parking lots, bays, spaces and drives shall conform to the applicable requirements of §§ 215-32 and 215-33 of this chapter.

(1) Parking areas shall be planted with trees a minimum of two inches in caliper measured six inches above ground level, so that there is at least one tree per 10 parking spaces within the parking lot. Such trees must be protected against damage by vehicles by curbing or other means. A minimum planting area, equivalent to 162 square feet per tree, shall be provided.

(2) Parking areas shall have a landscaped island at each end of each row of vehicle spaces. No more than 10 spaces shall be laid out without an intermediate landscape island. Such planting islands shall be not less than 10 feet wide in the direction parallel to the row and not less than 20 feet long in the direction perpendicular to the row. Each such island shall have a suitable poured-in-place concrete curb, or approved equal, and shall be planted with grass or ground cover. All hydrants shall be located in such islands.

P. Landscaping and screening.

(1) Screening of uses. Commercial, institutional, and community uses shall be screened from residential uses within and abutting the planned neighborhood development by a bufferyard 20 feet in width containing a minimum of three canopy trees, six understory trees, and nine shrubs per 100 feet of length (or an amount creating an equivalent effect and approved with the landscape plan) along the perimeter of the lot line abutting a residential use.

(2) Screening along public roadways. Uses within a planned neighborhood development which abut an arterial street shall be screened by a bufferyard of 20 feet in width containing a minimum of three canopy trees, six understory trees and nine shrubs per 100 feet of frontage (or an amount creating an equivalent effect and approved with the landscape plan). Canopy trees shall be deciduous shade trees planted with a minimum of 2 1/2 inches in caliper at six inches above the ground with a mature height of at least 35 feet. Understory trees shall be deciduous shade or fruit trees planted at minimum of 1 1/2 inches in caliper at six inches above the ground with a mature height of at least 12 feet.

(3) Existing vegetation. Notwithstanding any other provisions of this section, existing vegetation shall be retained and maintained to the extent feasible in order to permit existing vegetation to fulfill or contribute to buffer and screening requirements. In lieu of strict compliance with the above bufferyard requirements, a developer may submit a detailed landscaping plan that will afford a degree of buffering and screening comparable to that provided by these regulations in making use of existing and new vegetation. For developments utilizing more than 10% existing vegetation as a density bonus credit, a certified arborist shall provide a detailed description of the existing vegetation, with notation of specimen trees, to certify compliance. The arborist's report shall be accompanied by the proposed measures for ensuring preservation during and after construction.

(4) Screening of refuse collection facilities. Uses, except single-family homes, within a planned neighborhood development shall provide secure, safe, and sanitary facilities for the storage and pickup of refuse. Such facilities shall be convenient to collection and shall be appropriate to the type and size of use being served. All refuse storage facilities shall be screened on three sides by a solid wooden fence or masonry wall and a tight evergreen hedge. The fourth side shall be angled to minimize the view of the refuse collection facility or shall be screened by an opaque gate made of durable materials. The screening shall be of sufficient height and design to effectively screen the facility from the view from nearby residential uses, streets, adjacent properties, and recreational facilities.

Q. Density bonuses. Residential density bonuses up to a density of 6.0 dwelling units per acre dedicated to uses other than the commercial uses set forth in Subsection M(2) and (3) may be approved and granted at the discretion of the Town Council upon a finding that a proposed density bonus promotes the purposes of the planned neighborhood development and provides additional public benefit. Each of the following amenities and any other amenities or proffered conditions will be evaluated by the Town Planning Commission and Town Council and used in negotiations with the applicant: a residential density up to 6.0 dwelling units per acre acceptable to both the applicant and the Town Council.

(1) Dedicated open space. In exchange for increasing the dedicated natural open space beyond the required 30%, the project may qualify for a density bonus, provided the natural open space is increased by a minimum of 5% of the developable acreage. A bonus shall not be permitted for preservation areas or without sufficient justification of demonstrated benefit to the Town. Priority shall be given to protecting existing stands of mature trees.

(2) Bikeways/Greenways. A system of bike paths and pedestrian greenways may qualify for a density bonus. In order to qualify, the bike paths or greenways shall form an integrated system of access within the development to principal off-site destinations, and be integrated with other planned or existing systems (i.e., Greenway Trail — Phase I, II and III, etc.).

(3) Walk-up housing. A dwelling unit located above the ground floor of a structure that contains a nonresidential use on the ground floor may be applied toward the allowable base density as 1/2 of a dwelling unit.

(4) Community and institutional uses.

(a) Child-care facility. In a PND with 75 or more residential units, a parcel may be designated, dedicated and developed for use as a child-care facility. This lot shall have a minimum of 100 square feet per residential unit within the PND. The facility must be operated as a nonprofit organization.

(b) Community hall. In a PND with 100 or more residential lots or units, a community hall may be constructed, with an enclosed area of no less than 25 square feet for each residential unit or lot. The facility must be operated as a nonprofit organization.

(5) Developed recreational facilities. Such facilities may include, but shall not be limited to, tot lots and pocket parks, ball fields, courts or other athletic facilities, swimming pools, public pedestrian plazas or arcades with benches, water fountains and reflecting pools, terraces, sculptures, public art, involving unique design features and amenities. To be considered for a density bonus, such recreational facilities shall be developed at a minimum ratio of three acres per 100 units.

R. Development review. Within one year of approval of a master land use plan for development of a planned neighborhood, prior to the approval of building permits, the applicant shall prepare and submit for review and approval an engineered development plan, along with the fee as established in the approved schedule of fees. The applicant may petition the Town Council for an extension of time for submission of a development plan, provided such extension is requested at least 20 days prior to the expiration of the one-year period. The Town Council may grant an extension upon demonstration of good cause for up to one year.

(1) Development plan. A development plan shall be submitted for all proposed commercial, residential, community facility, institutional, or multifamily residential development within a planned neighborhood development. The development plan shall be drawn to scale and shall be accompanied by a narrative, as appropriate. The development plan shall comply with the provisions of Article VIII, Site Plans, of this chapter, unless otherwise provided for herein, and the following:

(a) All information required for the master plan submission.

(b) A development schedule. If phasing is proposed, indication of the proposed phasing schedule, along with a plan indicating phased sections.

(c) A landscape plan prepared by a certified landscape architect shall be submitted with each site development plan application. The development plan shall identify proposed trees, shrubs, ground cover, natural features such as rock outcroppings, other landscaping elements and planting details. When existing natural growth is proposed to remain, the applicant shall include in the plans a description of the landscaping to be retained, a statement from a certified arborist that the material is desirable and healthy, and the proposed methods to protect the retained trees and growth during and after construction.

(d) Proposed number of dwelling units by residential types, and the area of nonresidential buildings by use type (retail, office, service, etc.).

(e) Calculation of the percentage of land area covered by the various land uses, including landscaped areas.

(f) Proposed circulation plan showing patterns of vehicular, pedestrian, or other traffic, parking areas (including the number of parking spaces).

(g) Notes identifying any deviations from the approved master plan.

(2) Development plan revisions, modifications.

(a) After approval, all subsequent plans, plats, and permits for the PND shall be in substantial compliance with the approved PND master land use plan. Minor adjustment to the master land use plan may be approved administratively, provided there is no increase in the overall density or number of housing units in the development and no reduction in usable open space. Revisions or modifications which substantially change the development, design, density, concept, uses, or magnitude shall cause the revised plan to be referred back through the review process as if it were an original submission.

(b) Revisions to the site development plan may be proposed by the applicant prior to the Town Council's review. The Town Council, at its discretion, may consider the application with minor revisions as proposed or may return the plan to the Planning Commission for further review.

(3) Amendments to planned development districts. Land area may be added to an established PND if it adjoins and is demonstrated to become an integral part of the approved development. The procedures for any addition of land shall be the same as for an original application and all requirements shall apply.

(4) Final plats. Final plats shall be submitted concurrently with the site development plan. Except as provided herein, planned neighborhood development plats shall comply with the this chapter and Chapter 170, Subdivision of Land, of the Code of the Town of Stanley, Virginia, except that reasonable waivers and variances may be granted by the Town Council in order to facilitate creative design consistent with good community planning standards. The specific provisions of this chapter shall prevail for development of planned neighborhood districts whenever conflict exists with other general ordinance provisions.

(5) Recordation of documents. Any applicable covenants, governance documents and easements shall be recorded in the Page County Circuit Court Clerk's office within six months of approval of the final plat.

S. Evaluation criteria. Application for rezoning to a Planned Neighborhood Development District shall specifically demonstrate achievement of the following objectives. Each proposed planned neighborhood development will be evaluated on the extent to which these objectives are achieved:

(1) Provides a variety of housing types and designs at a range of densities and costs in an orderly relationship to one another.

(2) Employs architectural, landscape and/or other design features to provide compatibility between different uses.

(3) Includes a network of circulation systems for various transportation modes that connect to the surrounding area.

(4) Conserves a minimum of 30% of the total project area, not developed as single-family detached dwelling units having a minimum lot size of 10,000 square feet, as open space, incorporating a system of parks, open spaces, recreational facilities, and public amenities within the development which enhance the total plan of development.

(5) Efficiently utilizes land to protect and preserve natural features such as trees, streams, and topographic features.

(6) Provides a mechanism to relate the type, design and layout of proposed development to the specific characteristics of the particular parcel.

(7) Exhibits consistency with the Town's Comprehensive Plan and provides overall benefits to the Town.

(8) Demonstrates adequate capacity of public facilities and utilities to serve the development.

(9) Minimizes traffic impacts upon the surrounding traffic network.

§ 215-41 Townhouses.

Townhouses are encouraged in the HDR District in order to encourage a more flexible pattern of development, subject to the following standards:

A. Parcel size. The minimum parcel size for development shall be one acre and shall result in the creation of no fewer than three units.

B. Percent of lot coverage. All buildings, including accessory buildings, shall not cover more than 40% of the gross acreage of the tract.

C. Density. Density of development shall not exceed 14 dwelling units per gross acre.

D. Dimensional requirements. Each townhouse shall have a front yard of at least 25 feet from the right-of-way line to the front of the structure. Townhouses on ends of groups shall have minimum side yards of 20 feet, and all townhouses shall have a minimum rear yard of not less than 30 feet in depth. The height of all structures within a townhouse district shall be limited to 35 feet.

E. Landscaping. All rear yards shall be screened from adjacent land uses by a fence not less than five feet in height. The rear yards of all units shall be defined by a fence not less than five feet in height, extending at least eight feet from the common walls of adjacent units.

F. Architectural treatment. Architectural treatment of facades of townhouses in a group shall be varied by recessing the front wall and/or by variations in materials, colors, textures or designs so that no more than four abutting townhouses in a group will have the same facade.

G. Common areas. A minimum of 30% of the gross lot area shall be devoted to common open space. Required yard areas, sidewalks and parking areas shall not be considered common open space. The developer shall provide for an organization for the ownership and maintenance of the common open space for the benefit of residents of the development in accordance with the Virginia Condominium Act.[1]

[1] Editor's Note: See § 55-79.39 et seq. of the Virginia Code.

H. At least 300 square feet per unit of the gross lot area shall be developed for active recreation purposes, which shall be included as part of the open space requirement.

I. Unit design. Each townhouse dwelling unit shall be entered by a separate ground-level entrance.

J. Parking and loading areas. Parking and loading areas shall meet the standards of this chapter.[2]

[2] Editor's Note: See §§ 215-32 and 215-33.

K. A drainage plan for the elimination of stormwater from the site shall be submitted with each application. In no case shall a site be graded so as to allow any areas of standing water to exist.

L. Trash disposal areas shall be provided and shall be screened by evergreen plants or a fence on three sides at least six feet high.

M. The applicant shall contact the Town Council for water and sewer services. Townhouses shall only be allowed if Town water and sewer are available.

§ 215-42 Garden apartments.

Garden apartments are encouraged in the HDR District, subject to the following standards:

A. Parcel size. The minimum lot size for apartment developments is 10,000 square feet for an apartment structure having three units, with an additional 2,000 square feet of lot area for each additional unit above three.

B. Dimensional requirements. There shall be a minimum front yard of 40 feet from the street right-of-way to the front of the building, a side yard of 30 feet on each side and a rear yard of 50 feet. The minimum lot width shall be 125 feet at the setback line. The maximum building height shall be three stories and shall not exceed 35 feet.

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

D. A storm runoff and drainage control system shall be installed by the developer in accordance with road engineering practices.

E. Parking and loading areas shall meet the standards contained in §§ 215-32 and 215-33 of this chapter.

§ 215-43 Planned shopping centers.

The purpose of this section is to encourage planned shopping centers in the Highway Commercial District, subject to the following standards:

A. Planned shopping centers shall be in single ownership or under a guaranteed unified management control. Shopping centers shall consist of a harmonious selection of uses and groupings of buildings, services and parking areas, circulation and open space and shall be subject to the provisions of the Condominium Act of the Code of Virginia,[1] as amended, in addition to the following requirements.

[1] Editor's Note: See § 55-79.39 et seq. of the Virginia Code.

B. Parcel size. The minimum parcel to be considered for development shall be no less than three acres.

C. Dimensional requirements. There shall be a minimum front yard of 100 feet, a minimum side yard of 100 feet and a minimum rear yard of 80 feet. The maximum lot coverage shall be no more than 50%. The maximum building height shall be 35 feet.

D. All means of ingress or egress from the shopping center to any public street or state highway shall be located at least 200 feet away from any other intersecting street or streets and shall be designed to conduct traffic in a safe manner. The developer shall be responsible for the purchase and erection of any necessary traffic control devices and the construction of additional merging lanes as may be required by the Town or the State Department of Highways and Transportation.

E. Interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site. Areas provided for loading or unloading of trucks shall meet the loading and unloading criteria of § 215-33.

F. Storage areas for trash and rubbish shall be completely screened, and all organic rubbish shall be deposited in containers with tightly fitting lids.

§ 215-44 Industrial use standards.

Industrial use standards are as follows:

A. In addition to the information required for site plan review, the applicant shall submit a detailed description of the proposed industrial facilities and the materials, processes, products and by-products involved. Specific information shall be submitted with respect to the following potential impacts and the proposed control strategies:

(1) Emissions into the atmosphere, including smoke, gases, particles and odors.

(2) Production of noise or vibration.

(3) Production of glare or heat.

(4) Discharge and disposal of liquid and solid wastes.

(5) Handling and storage of flammable, volatile, radioactive or other hazardous substances.

B. No use shall be permitted within the Town which does not conform to federal, state and Town standards. The following requirements shall be the minimum requirements to be maintained within the Town:

(1) Noise. There shall be no noise measured along the property line on which the use is located which shall exceed the values given in the following table:

	Frequency Band (cycles per second)	Average Sound Pressure Level (decibels 0.0002 dyne per centimeter)
	0 to 75	90
	75 to 100	82
	100 to 300	74
	300 to 600	68
	600 to 1,200	66
	1,200 to 2,400	62
	2,400 to 4,800	59
	4,800 and above	56

(2) Smoke. No smoke shall be emitted from any chimney or other source visible greater than No. 2 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines.

(3) Odor. No emission of odorous gases or other odorous matter shall be permitted which is offensive past any lot line.

(4) Glare or heat. Any operation producing glare or heat shall be performed within an enclosed building.

(5) Toxic or noxious matters. No use shall for any period of time discharge any toxic or noxious matter.

(6) All trash disposal areas shall be screened by a fence of at least six feet in height.

(7) The facility shall meet all requirements of the State Water Control Board and shall notify the Town Council of all effluents in its liquid waste stream. Such industrial uses shall be responsible for the cost of treating all unused treatment problems.

(8) Access to the site shall be by an access road acceptable to the Town Council. Such access road shall meet the requirements for visibility at intersections.

§ 215-45 Mobile home parks.

The purpose of this section is to provide standards for mobile home parks in the Medium Density Residential District.

A. Mobile home parks shall be in single ownership or under a guaranteed management control. Such parks shall consist of a harmonious and orderly grouping of mobile units on adequately sized lots with provisions made for circulation, parking, utility buildings, trash collection and the provision of sewer and water service. Water and sewage facilities shall receive all approvals before any units are placed on the site.

B. Mobile home park size. The minimum parcel size to be considered for development shall be five acres, and the maximum density allowed shall be no more than six units per gross acre.

C. Dimensional requirements. All mobile homes shall be located at least 50 feet from the property boundary line abutting a public street or highway and at least 20 feet from other boundary lines of the development.

D. Lot size. The minimum size of a mobile home lot shall be 5,000 square feet. The boundary lines of all lots proposed shall be plainly marked on the site plan. The corners of all mobile home lots shall be marked with a steel pipe or pin.

E. Dimensional requirements. There shall be a minimum distance of 15 feet between a mobile home and the abutting access street. The mobile home shall be located a minimum of 15 feet from a side lot line.

F. Parking. Two parallel off-street parking spaces shall be provided for each mobile home unit. Such spaces shall be paved with an all-weather surface.

G. Access. All access points to the mobile home community shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need. Through traffic shall be discouraged. No lot within any development shall have direct vehicular access to a street bordering the development.

H. Streets. Streets which are to be dedicated to the Town, if any, shall be designed and constructed in accordance with the Virginia Department of Highways and Transportation's specifications for subdivision roads. There shall be a moving land width of 20 feet for collector streets and 14 feet for minor streets. Grades of all streets shall be no less than 1/2 of 1% and no more than 2%. Short runs with a maximum grade of 12% may be permitted, provided that traffic safety is assured. Street intersections shall generally be at right angles. Offsets at intersections of less than 125 feet shall be prohibited. No more than two streets shall intersect at any one point.

I. Pedestrian walks. All mobile home communities shall be provided with safe, convenient all-season pedestrian accessways of adequate width for intended use. Bicycle paths, if provided, shall be so related to the pedestrianway system that street crossings are combined.

J. Recreation and open space. Not less than 10% of the gross area of the mobile home development shall be reserved as common open space and recreation facilities, exclusive of required exterior boundary setback areas, pedestrianways, parking bays, public or private streets and community storage facilities. Buildings with facilities such as indoor recreation areas, swimming pools, hobby shops or libraries may be regarded as 10% of the required open space. Lakes or ponds may constitute 25% of the required common area.

K. Setbacks, buffers and screening. All planned mobile home parks located adjacent to industrial or commercial land uses shall be provided with screening, pursuant to the standards in this article, along the property boundary lines separating the development and adjacent uses.

L. Sanitary facilities. Every planned mobile home community shall be provided with emergency sanitary facilities. For each 25 mobile home lots or fractional part thereof, there shall be one flush toilet and one lavatory. The building containing such facilities shall be accessible to all mobile homes in the development.

M. Storage yard. There shall be a screened storage yard or yards for boats, recreational vehicles, etc. Such storage yards shall have a minimum of 120 square feet of storage space for each mobile home lot in the development and shall be located and landscaped so as not to detract from surrounding properties or uses. All boats and recreational vehicles shall be parked in the storage yard.

N. Utilities and facilities.

(1) All electrical and telephone wiring, as well as all water, sewer and gas lines, shall be installed underground wherever conditions permit.

(2) An adequate, safe and potable supply of water approved by the Health Department shall be provided in each mobile home community.

(3) An adequate and safe sewerage system installed and maintained in accordance with the Virginia Department of Health shall be provided. Wherever feasible, connection should be made to a public system.

(4) Corrosive-resistant metal cans or other noncombustible containers with tight-fitting covers shall be provided in quantities adequate to permit disposal of all garbage and rubbish. Every mobile home lot shall have at least one can or container and a rack or stand suitable to keep the can from being overturned. The containers shall be kept in sanitary conditions, as determined by the inspection of the Health Department. Solid waste shall be collected and disposed of as frequently as may be necessary, but not less than twice weekly.

(5) All gasoline, liquefied petroleum gas or fuel oil storage tanks or cylinders shall be screened and not located inside or beneath any mobile home or accessory structure or less than five feet from any mobile home exit. Such tanks or cylinders may be placed underground.

(6) The mobile home development shall be either connected to a TV cable antenna connection or a central antenna shall be installed. Where a central antenna system is installed as part of the property to be covered by mortgage insurance, a warranty shall be obtained to assure satisfactory service. Distribution to the mobile home lots shall be underground wherever conditions permit.

§ 215-45.1 Short-term rentals.

[Added 11-10-2021]

A. The owner(s) of any dwelling shall apply for a Town of Stanley business license prior to using the dwelling as a short-term rental.

B. Prior to using the dwelling as a short-term tourist rental, a property management plan demonstrating how the short-term rental will be managed and how the impact on neighboring properties will be minimized shall be submitted for review and approval by the Zoning Administrator. The plan shall include local points of contact available to respond immediately to complaints, clean up garbage, manage unruly tenants and must be part of the rental agreement.

C. Maximum number of occupants shall be determined by the Page County Health Department and occupancy shall be limited to the number of people set forth by the permit issued.

D. Parking for the short- term tourist rental shall be in driveways or other designated and approved parking areas. The parking of vehicles is prohibited from blocking the road or rights-of-way of through traffic.

E. Failure to comply with these supplemental regulations will result in violation of the Town of Stanley Zoning Ordinance.

§ 215-46 Conditional zoning.

[Amended 11-15-2006]

An applicant for a rezoning may proffer in writing, before the public hearing by the Town Council, conditions to be placed on the approval of the rezoning.

A. Procedures. Proffers shall be presented to the Planning Commission at the advertised public hearing for the rezoning. The Planning Commission shall make a recommendation on the acceptance of the proffers and the rezoning to the Town Council following the procedures described for amendments to this chapter.[1] Final proffers shall be received in writing, signed by the owner and the applicant, at least five days prior to the advertised hearing of the Town Council.

[1] Editor's Note: See § 215-66.

B. Proffer standards. The conditions proffered shall meet the following standards:

(1) The rezoning itself must give rise to the needs for the conditions.

(2) Such conditions shall have a reasonable relation to the rezoning.

(3) All conditions shall be in conformity with the Comprehensive Plan.

C. Types of proffers. The types of conditions proffered shall include, but need not be limited to, the following:

(1) Limitations on the use of the land.

(2) Limitations on the type of housing provided.

(3) Limitations on the density or intensity of the use.

(4) On-site or off-site sewer or water improvements.

(5) On-site or off-site drainage improvements.

(6) On-site or off-site road, entrance or driveway improvements.

(7) A particular master development plan or plan features or site layout features.

(8) Buffer, screening and separation features.

(9) Requirements concerning the phasing or timing of development.

(10) The dedication of land for planned roads or for facilities identified in the Capital Improvements Plan.

(11) The construction of planned roads or necessary road improvements.

(12) The construction of facilities identified in the Capital Improvements Plan.

(13) Cash contributions for road improvements or for planned facilities identified in the Capital Improvements Plan.

(14) Other conditions used to lessen or mitigate the impacts identified in the impact analysis.

D. Amendment of conditions. Once accepted and adopted by the Town Council, such conditions may only be changed through the procedures required for ordinance amendments as described in this chapter.[2]

[2] Editor's Note: See § 215-66.

E. Enforcement of conditions. The Zoning Administrator shall keep records of all conditions attached to rezoning, which shall be readily accessible to the public. The Zoning Map shall show by appropriate symbol the existence of conditions accepted for rezonings. In addition, the Zoning Administrator shall maintain a conditional zoning index which shall provide for ready access to the conditions created. Failure to meet all conditions shall constitute cause to deny the issuance of building or occupancy permits. The Zoning Administrator shall enforce the conditions attached to the rezoning using the following means:

(1) The ordering in writing of the remedy of any noncompliance with such conditions.

(2) The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate actions.

(3) The requiring of a guarantee, satisfactory to the Town Council, in an amount sufficient for the construction of any improvements required by the conditions or a contract for the construction of such improvements. The applicant's guarantee shall be released by the Zoning Administrator upon the completion of such improvements.