Whenever there shall be plans in existence, approved by either the State Department of Highways and 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 for such proposed street or highway widening.
[Amended 9-25-1978]
In case of corner lots in residential districts, there shall be no planting, fence or obstruction to vision more than three feet high less than 20 feet from the intersection of two street right-of-way lines.
A.
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.
B.
No fence shall be constructed within two feet of any street line, except on corner lots as set forth in § 220-15.
C.
Fences shall not exceed a height of six feet as measured from the topmost point thereof to the ground or surface, along the center line of the fence, in a commercial or residential zone, except on corner lots as set forth in § 220-15.
D.
Fences surrounding industrial sites, public playgrounds, institutions or schools may not exceed a height of 14 feet.
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or having access to a public 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.
A.
Generally.
(1)
There shall be provided, at the time of erection of any main building, 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. Two hundred square feet (10 feet by 20 feet) of lot or floor area shall be deemed a parking space for one vehicle. All parking spaces and access driveways shall be covered with at least an all-weather surface, unless as otherwise provided in this chapter, and shall be graded and drained to dispose of surface water. However, no surface water from any parking area shall be permitted to drain onto adjoining property. All commercial and industrial uses shall have a hard-surfaced parking area and access driveways.
(2)
Should a nonconforming structure or use be enlarged or extended or should a use or structure be nonconforming because of parking requirements, additional parking requirements need only be based on the requirements for the enlarged or expanded portion.
B.
Residential.
(1)
A driveway or parking space shall be at least three feet from a property line, and all parking spaces for a multiple-family dwelling shall be at least 10 feet from a residential structure on the lot, unless as otherwise provided in this chapter for apartments.
(2)
The parking spaces required for one- and two-family 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 300 feet of the principal use, such distance to be measured along lines of public access to the property.
(3)
For all residential dwelling units, there shall be provided, either in a private garage or on the lot, space for the parking of two automobiles for each dwelling unit in a new building or each dwelling unit added in the case of the enlargement of an existing building. All single- and two-family dwelling units shall have parking areas and access drives with an all-weather surface. All other uses shall have a hard-surfaced parking area and access driveways.
C.
Other uses.
(1)
Tourist homes, rooming houses, boarding houses, hotels and motels shall provide on the lot parking space for one automobile for each guest room or residence unit, plus one additional space for each 10 guest rooms or residence units, plus required parking for any restaurant and/or assembly place as required in this section.
(2)
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 previously stated parking requirements.
(3)
For public or private nursery, day care, kindergarten, 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 provided one parking space for every 10 students for the maximum rated capacity of the school, as determined by the School Board.
(4)
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. Parking spaces 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 12:00 midnight on other days, may be used to meet not more than 75% of the off-street parking requirements of a church or other similar place of public assembly.
(5)
In business districts, commercial structures existing at the time of adoption of this chapter which contain, or may be changed at any future time to contain, any nonresidential use permitted in the business district will not be required to have additional parking spaces above those provided when this chapter is adopted. This applies to the reconstruction of nonconforming commercial uses or structures. All new commercial construction on vacant land, or commercial uses begun where no commercial use existed at the time of adoption of this chapter, whether or not such property was previously zoned business, shall provide the number of spaces required by other sections of this chapter.
(6)
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.
(7)
For nursing and convalescent homes, there shall be provided at least one parking space for each six beds or fraction thereof.
(8)
For retail and wholesale stores selling directly to the public, there shall be provided one parking space for each 100 square feet of retail or wholesale floor space in the building, unless otherwise specified in this chapter.
(10)
For funeral homes and mortuaries, there shall be one parking space for each four seats in chapels or parlors with fixed seats and 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.
(11)
For restaurants, other than drive-in restaurants, there shall be provided at least one parking space for each four seats or one space for each 50 square feet of gross floor area, whichever is greater. In addition, one parking space shall be provided for each employee on maximum shift.
(12)
For drive-in restaurants, there shall be provided at least one parking space for each four seats in the building. In addition, there shall be provided 30 spaces for each 1,000 square feet of gross floor area of the structure, plus one parking space for each employee on maximum shift.
(13)
For office buildings, offices or professional and personal services establishments, or medical and dental clinics, there shall be provided one parking space for each 200 square feet of floor space occupied by the office or personal service or clinic.
(14)
For industrial establishments or wholesale establishments, not selling directly to the public, there shall be provided one parking space for each employee, computed on the basis of maximum number of individuals employed within an eight-hour shift, plus space to accommodate all trucks and other vehicles used in connection therewith.
(15)
Any commercial building not listed above and hereafter erected, converted or structurally altered shall provide one parking space for each 100 square feet of business floor space in the building.
(16)
Every parcel of land hereafter used as a public parking area shall have a hard surface. It shall have appropriate guard rails or stops where needed as determined by the Administrator. Any lights used to illuminate such parking area shall be so arranged as to reflect the light away from adjoining residential uses.
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 35 feet in length, with a minimum clear height of 15 feet. Off-street truck loading space 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 40,000 square feet of gross floor area or part thereof. For the purpose of this section, "gross floor area" shall also include gross outdoor storage area, whether covered or uncovered.
[Amended 4-8-1982; 8-11-1999; 10-14-1999; 2-11-2002; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The maximum permitted size of signs and the types of permitted signs shall be in accordance with the following regulations:
A.
All zoning districts.
(1)
Official traffic or directional signs and other official federal, state, county or Town government signs.
(2)
Temporary signs announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization, provided that such sign shall not exceed 12 square feet in area and shall be removed seven days after the completion of the campaign, drive or event.
(3)
Signs offering the sale, rental or future use of the premises upon which such signs are erected, provided that the combined area of such signs shall not exceed 12 square feet. No more than one such sign shall be placed on the property.
(4)
One temporary sign of each contractor or developer, and one sign for all combined subcontractors, erected and maintained on the premises where the work is being performed, provided that the area of each sign shall be removed upon completion of the work.
(5)
Trespassing signs, signs indicating the private nature of a road, driveway or premises and signs controlling fishing or hunting on the premises, provided that the area of any such sign shall not exceed four square feet.
B.
Residential districts.
(1)
Home occupation. Signs allowed on vehicles only, not to exceed two square feet.
(2)
Sign, bulletin, announcement board or identification sign for schools, parks or playgrounds, churches, hospitals, clubs, multifamily dwellings or other principal uses and buildings other than dwellings on the same lot therewith for the purpose of displaying the name of the institution and its activities or services, provided that the area of any such sign shall not exceed 24 square feet and that not more than one such sign shall be erected or displayed on each street frontage.
(3)
Subdivision 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 10 feet from the front 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.
C.
Multifamily dwellings. The following signs shall be permitted for multifamily dwellings:
(1)
Freestanding real estate signs for advertising the sale or rental of the premises upon which any such sign is erected, provided that the total area of the sign does not exceed 24 square feet, that there shall be no more than one such sign on any one lot on the same street frontage and that no sign shall be erected so as to stand higher than one of the buildings it advertises.
(2)
Directional signs, not to exceed two square feet each, erected within the project itself to direct persons to a rental office or sample unit.
(3)
Permanent identifying signs for the purpose of indicating the name of the multifamily project and for the purpose of identifying the individual buildings within the project. Not more than one sign for each entrance to the project from a public street to identify the name of the project shall be permitted, and no such sign shall exceed 10 square feet in size. Signs to identify the individual buildings within the project shall not exceed six square feet.
D.
Business districts.
(1)
The following signs shall be permitted in all business districts, except as specified in Subsection D(2)(i) of this section:
(2)
Signs permitted within a business 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:
(a)
One-story building. 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 all such signs exceed 100 square feet. This applies to signs which are only affixed to the building, not freestanding signs.
(b)
First-floor business 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, and 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.
(c)
Above first floor 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 twenty-foot height specified in Subsection D(2)(b) section shall not exceed 40 square feet or 1/40 of the area of that wall above such twenty-foot height, whichever is greater.
(d)
Multistory buildings occupied by one business only. Where entire buildings over one story in height are occupied by one business, the total sign area shall not exceed 100 square feet facing any street, alley or parking area. The sign may be located without regard to the twenty-foot height provision contained above.
(e)
Signs hung on marquees. 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.
(f)
Signs on windows advertising occupants, etc. Signs advertising only the name of the occupant of a store, office or building, the business or occupation conducted or the products sold therein may be placed on show windows, provided that not more than 20% 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.
(g)
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 the established setback line unless as otherwise provided in this chapter. The bottom of a sign, the area of which exceeds six square feet, erected flat against a wall, shall be at least eight feet above the sidewalk, alley or parking area. The bottom of a sign projecting from a wall shall be at least 10 feet above a walkway or parking area, and at least 14 feet above an alley.
(h)
Roof signs. No roof signs shall be permitted.
(i)
Freestanding signs. Freestanding signs upon a lot may be erected only where drive-in service or parking is provided. However, no freestanding sign shall be located closer than 10 feet to a side lot line. No freestanding sign shall project beyond the established setback line. For the purposes of this section all lot lines facing streets shall be considered front lot lines.
[1]
B-1 Central Business District. No more than two such freestanding signs shall be permitted for any building or building unit. Freestanding signs shall not be erected more than 30 feet above the grade, and the combined area of all signs shall not exceed 100 square feet.
[2]
B-2 Highway Business District.
[a]
Any permitted primary use may erect two commercial freestanding business signs. When two or more primary uses are located on the same parcel, each use may erect two freestanding commercial business signs.
[b]
Beyond 800 feet from the nearest edge of the right-of-way of any federal interstate highway, one freestanding sign may be erected so as not to exceed 50 feet above the grade and not to exceed 200 square feet in area. A second freestanding sign may be erected not to exceed 30 feet in height above the grade and not exceed 100 square feet in area.
[c]
Within 800 feet of the nearest edge of the right-of-way of any federal interstate highway, and in the B-2 Zone only, each permitted primary use will be permitted one freestanding sign not to exceed 35 feet in height above the grade and not to exceed a total of 200 square feet in area, and a second freestanding sign that meets the following criteria:
[i]
Height requirements. The total height, including message portion, shall not exceed 125 feet above the grade.
[ii]
Size requirements. The message portion shall not exceed a total of 300 square feet in area, and shall not be located less than 25 feet in height from the base of the sign support pole.
[iii]
Multiple signs per support pole. More than one freestanding commercial business sign shall be allowed to share a common support pole. The combined message portion of freestanding commercial business signs that meet this requirement shall not exceed a total of 500 square feet in area, and shall not be located less than 25 feet in height from the base of the sign support pole.
[d]
Neither the direct nor reflected light from any illuminated business sign shall create glare into or upon any building or property other than the building or property on which the business sign is permitted to be located. Neither the direct nor reflected light from any illuminated business sign shall create a traffic hazard to operators of motor vehicles on public thoroughfares.
[e]
No sign shall be erected in any manner that would be in violation of any State of Virginia and/or federal regulations.
(j)
Identification signs. Identification signs for shopping centers consisting of five or more separate businesses and having a continuous street frontage of at least 200 feet shall be permitted, and the area of such signs shall not be included in the total area of signs otherwise permitted in this section for the separate businesses. The total area of such identification signs for any shopping center shall not exceed one square foot for each foot of street frontage, nor shall the total area of such signs facing any street, alley or parking area exceed 150 square feet.
(k)
Advertising theater acts, etc. Signs advertising the acts or features to be given in movie theaters may be displayed on permanent cases or frames erected on theater buildings. The bottom of any such case or frame erected flat against a wall may be less than eight feet above the sidewalk, alley or parking area. When the area of any such case or frame facing a street, alley or parking area does not exceed 24 square feet and the area of all such cases or 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.
E.
Other general sign regulations.
(1)
Signs may be lighted with non-glaring lights or may be illuminated by shielded floodlights, provided that no red, green or amber lights shall be permitted; provided, further, that lighting is screened from adjacent properties. No lights of intermittent, flashing or animated types shall be permitted.
(2)
No signs, temporary or permanent, shall be permitted which are posted, stapled or otherwise permanently attached to trees or utility poles within the street line.
(3)
All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair.
(4)
Nonconforming signs, once removed, shall be replaced only with conforming signs, provided that nonconforming signs may be repainted or repaired; provided, further, that such repainting or repairing does not exceed the dimensions of the existing sign.
F.
Billboards. Billboards are prohibited in all districts.
G.
Permit. A sign permit shall be required before a sign is erected, altered or relocated, except as otherwise provided in this chapter.
(1)
Application. Each application for such permit shall be accompanied by plans showing the area of the sign; the size, character and design proposed; the method of illumination, if any; the exact location proposed for such sign; the method of fastening such sign; and the name and address of the sign owner and the sign erector.
(2)
Fees. Fees for sign permits shall be as determined by the Town Council.
(3)
Nullification. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date of issuance of the permit.
(4)
Permit exceptions. A permit shall not be required for the following, provided that such signs shall be subject to all applicable provisions of this chapter:
(a)
Repainting without changing wording, composition or color, or minor nonstructural repairs.
(b)
The changing of the advertising copy or message on an approved painted or repaired sign or on a theater marquee and similarly approved signs which are specifically designed for the use of replaceable copy.
Shopping centers shall be in single ownership or under a guaranteed unified management control. Shopping centers shall consist of harmonious selection of uses and groupings of buildings, service and parking areas, circulation and open space and shall be subject to the provisions of the State Condominium Act,[1] in addition to the following provisions:
A.
Permitted principal uses. The following principal uses shall be permitted:
(1)
Stores for the sale of goods at retail or the performance of customary personal services or services clearly incidental to retail sales.
(2)
Business, professional or banking offices.
(3)
Restaurants, cafes or similar places serving food and/or beverages.
(4)
Parking areas for transient motor vehicles, but not for the storage of new or used motor vehicles for sale.
(5)
Gasoline service stations.
(6)
Drive-in establishments, except drive-in theaters.
(7)
Indoor theaters.
B.
Permitted accessory uses located on same lot with permitted principal uses. Only the customary accessory uses associated with a commercial district shall be permitted, provided that they are limited to the same lot as the principal uses.
D.
Supplementary regulations.
(1)
Off-street parking and loading. Off-street parking shall be provided on the premises at a rate of one off-street parking space for every 100 square feet of gross floor area. Parking shall be permitted in the areas required for front, side and rear yard setbacks up to a point of 25 feet from any front, side or rear lot line of the shopping center. All parking areas shall be suitably paved with permanent hard surface coverings. Off-street loading spaces shall be provided in accordance with § 220-19.
(2)
Access and traffic controls. All means of ingress or egress from the shopping center to any public street or state highway street 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 acceleration or deceleration lanes or service walks as may be required by the State Department of Highways and Transportation or by the Town.
(3)
Interior circulation. 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 and/or other vehicles or for servicing of shops for rubbish collection or other services shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with interior circulation and parking facilities.
(4)
Lighting. Lighting for buildings, signs, accessways and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to surrounding property owners or residents.
(5)
Shopping cart storage. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of such carts. Storage areas shall be clearly marked and designated for the storage of shopping carts and/or mobile baskets.
(6)
Screening.
(a)
All lot lines abutting residential districts, along the side yard or rear yard, shall be appropriately screened by fences, walls or year-round planting and/or suitable enclosures of a minimum height of six feet and a maximum height of eight feet.
(b)
If trees, evergreen hedges or other types of year-round plants are used, a landscaped area shall be provided at least five feet in width along the entire interior lot lines.
(7)
Storage of trash or rubbish. Storage areas for trash and rubbish shall be completely screened, and all organic rubbish shall be contained in containers with tightly fitting lids. No such storage area shall be permitted within any required yard space.
(9)
Development plan.
(a)
Prior to the issuance of a special permit, 10 copies of a development plan shall be submitted to the Zoning Administrator for review by the Administrator, Planning Commission and Town Council. Such plan shall comply with the provisions of this section and § 220-28.
(b)
The development plan shall contain the following data, together with supplementary data for a particular development, as deemed necessary by the Planning Commission or Town Council:
[1]
Title insurance policy or attorney's certificate showing the owner of the subject property, marketable title to the subject property and the place of record of the latest instrument in the chain of title for each parcel constituting the tract.
[2]
Total area of the tract.
[3]
Abutting street names, widths and route numbers.
[4]
Owners, zoning districts and uses of each adjoining tract.
[5]
Topographic map with minimum contour intervals and scale acceptable to the Administrator.
[6]
Development design information.
[7]
A concept plan, illustrating the location and functional relationship between all proposed land uses.
[8]
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, road alleys and ways; the proposed traffic circulation pattern, including the location and width of all streets, driveways, walkways and entrances to parking area; all off-street parking and loading areas; all proposed open space area, including common space, dedicated open space and developed recreational open space; and 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.
[9]
A plan or statement showing the location and design of all screening and indicating the type and height of such screening.
[10]
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.
[11]
A statement in tabular form of the anticipated commercial floor area.
[12]
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.
[13]
A plan or report indicating the extent, timing and estimated cost of all off-site improvements, such as road, sewer and drainage facilities, necessary to construct the proposed development, which plan or report shall relate to the sequence of the development schedule if the development is to be constructed in stages or units.
[14]
Where required by the Planning Commission, a traffic impact analysis showing the effect of traffic generated by the project on surrounding roads.
[15]
Where required by the Planning Commission, a fiscal impact analysis listing Town revenue generated by the project and Town expenditures resulting from the construction of the project.
[Amended 4-12-1979; 1-11-1990; 5-11-2015]
The following regulations shall apply to apartments:
A.
Area regulations. The minimum lot size for apartment development is 10,000 square feet for an apartment structure having two units, with an additional 4,000 square feet of lot area for each additional unit above two. There shall be no more than 12 units contained in any one structure.
B.
Minimum lot width. The minimum lot width shall be 100 feet at the setback line.
C.
Minimum yard requirements. No structure shall be located closer than 20 feet to any lot line.
D.
Maximum building height. The maximum building height shall be three stories, not to exceed 35 feet.
E.
Building coverage. Structures shall not occupy more than 40% of the total tract area.
F.
Management of open space.
(1)
Should the units be for rental purposes, the developer or rental agent shall be responsible for maintenance and management of open space.
(2)
Should the units be for sale, a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the planned development shall be established to insure the maintenance, management and/or operation of open spaces and/or recreation parks in accordance with the Condominium Act, Code of Virginia, as amended.[1]
(3)
The developer must establish the organization prior to the sale of any lots.
(4)
Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community.
G.
Distance between structures.
(1)
The horizontal distance between groups of apartment structures shall be:
(a)
Two times the average height of the two groups of apartments for front and rear walls facing front or rear walls.
(b)
One-and-one-half times the average height of the building for front or rear walls facing side walls.
(c)
Equal to the height of the highest building for side walls facing side walls.
(2)
At no point shall any building be closer to another than the average height of both buildings.
(3)
Screening shall be provided of sufficient height and density to screen the site from adjoining residential or commercial properties. A planting plan specifying type, size and location of existing and proposed planting material shall be submitted with the application for the permit.
H.
Parking facilities.
(1)
Off-street parking, whether in a garage or on lot, shall be provided on the premises at the rate of two spaces for each apartment unit.
(2)
Required parking spaces shall be provided on the same lot as the building served and shall be reviewed by the Planning Commission and approved by the Town Council.
(3)
All access drives shall be at least 15 feet from any building on the lot and from exterior lot lines.
(4)
Parking areas shall not be designed or located so as to require or encourage cars to back into a public street in order to leave the lot.
(5)
Entrance 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.
I.
Drainage.
(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, so as 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 system shall be submitted and approved with the application for the permit.
(2)
All provisions of the Code and other Town ordinances and regulations regarding storm drainage shall be complied with.
J.
Lighting. Streetlighting shall be provided on all public roads and shall be approved by the Town Council.
K.
Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be well screened on three sides and contain vermin-proof containers. For apartment buildings containing four or more dwelling units, dumpster containers and private pickup must be provided.
L.
Site plan review and approval. A site plan drawn in accordance with § 220-28 shall be reviewed by the Planning Commission and approved by the Town Council.
M.
Other regulations for all apartment construction.
(1)
Each apartment structure and/or apartment parking area has access on a dedicated public street.
(2)
All streets, culs-de-sac, parking areas and parking area drives shall be suitably paved with permanent hard surface coverings.
(3)
Concrete curb and gutters shall be installed along both sides of all streets within the development. However, should a street serve as a boundary for an apartment development, curb and gutter need only be installed on the side of the street adjacent to the development.
(4)
Sidewalks of a minimum of four feet in width, constructed of concrete or brick, shall be installed from parking areas to all apartment structures served by such parking area.
(5)
The radius of culs-de-sac shall be at least 50 feet. No more than 25 dwelling units shall be served by any cul-de-sac.
(6)
All apartments must be connected to a public water and public sewer system.
(7)
No apartment may be constructed within the boundaries of the Middletown Historic District.
[Amended 12-14-1989; 9-9-2002; 5-11-2015]
The following regulations shall apply to townhouses.
A.
Townhouses are allowed in the B-1 District under a special use permit only on lots of one acre or more. The maximum density shall be eight units per acre. No more than six units shall be in one row. Townhouses must be developed along existing state-maintained streets, or on new streets developed to state standards. Townhouses can face the street if it has curb and guttering, and no less than two exits. The open space requirement is 50%.
B.
Lot size regulations. The minimum lot size for each unit shall be 3,000 square feet.
D.
Height regulations. Buildings may be erected, but not to exceed a height of 35 feet.
E.
Setback regulations.
(1)
Structures shall be located 50 feet or more from any street right-of-way.
(2)
The minimum frontage of each lot to be developed shall be not less than 200 feet. The width of each unit at the setback line will be not less than 24 feet.
(3)
In case of a corner lot at the ends of groups of townhouses, the minimum width at the setback line shall be 50 feet.
(4)
Structures shall be set back at least 125 feet from any R-1 zoning.
F.
Yard regulations.
(1)
Front. The minimum front yard shall be not less than 40 feet from the road right-of-way line. Required parking may be located in a front yard, but not closer than 10 feet to the ultimate street right-of-way and no closer than 10 feet to any townhouse unit.
(2)
Rear. The minimum rear yard shall not be less than 35 feet.
(3)
Side. Side yards are required only for end units. Each side yard shall be not less than 35 feet.
G.
Alley requirements. Alleys shall be required at the discretion of the Town. Said alleys shall be constructed in accordance with Chapter 188, Subdivision of Land.
H.
Curb, gutter and sidewalk requirements. Concrete curb and guttering shall be installed along both sides of all streets, parking areas, driveways and entranceways within the development. However, should an existing public street act as a boundary for townhouse developments, curb and guttering need only be installed on the side of the street adjacent to the development. Walkways of four feet in width, constructed of concrete or brick, shall be installed from parking areas to each individual townhouse structure served by such parking area.
I.
Design requirements. 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 design so that not more than two 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.
Parking facilities.
(1)
Off-street parking shall be provided on the premises at the rate of 2 1/2 spaces for each townhouse unit. Each space shall be a minimum of 10 feet by 20 feet.
(2)
All dead-end parking lots shall be designed to provide sufficient back-up area for the end stalls of the parking area.
(3)
All access ways and parking area shall be suitably paved with permanent hard-surface coverings.
K.
Patio requirements. Each townhouse shall have a ground level patio (cement) in the rear yard that shall be a minimum of eight feet by 10 feet.
L.
Screening requirements. A buffer screen shall be established and maintained in the rear yards between different clusters of townhouses, in accordance with § 220-6H of this chapter.
M.
Storage shed requirements. Accessory buildings are not permitted except that each unit shall be provided with an enclosed storage shed located in the rear yard on a concrete foundation.
N.
Water and sewage. Each townhouse shall be hooked up to the Town's water and sewerage lines and metered separately.
O.
Management of open space.
(1)
All open space shall be preserved for its intended purpose as expressed in the site plan.
(2)
Should the units be for rental purposes, the developer or rental agent shall be responsible for maintenance and management of the property.
(3)
Should the units be for sale, a nonprofit association, corporation, trust, or foundation of all individuals or corporations owning property within the townhouse development shall be established to insure the maintenance, management and operation of all common areas in accordance with the Condominium Act, Code of Virginia, 1950, as amended.[1]
(4)
The developer must establish the organization prior to the sale of any lots.
(5)
Membership in the organization shall be mandatory for all property owners, present and future, within the townhouse development.
P.
Q.
Drainage.
(1)
All storm runoff and drainage systems shall be installed by the developer in accordance with sound engineering practices so as to adequately drain the project site, 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 onto adjoining properties. Plans for such drainage systems shall be submitted and approved with the application for the special use and zoning permits.
(2)
All provisions of Town ordinances and regulations regarding storm drainage shall be complied with.
R.
Lighting requirements. Lighting for buildings, accessways and parking areas shall be so arranged as to not reflect toward public streets or cause any annoyance to building occupants or surrounding property owners or residents.
S.
Storage of trash and rubbish. Should the units be established for rental purposes, exterior storage areas for trash and rubbish shall be provided. Such areas 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.
In addition to the requirements of the district in which a nursing, convalescent or rest home is located, such uses shall meet the following requirements:
A.
All state rules and regulations for the licensing of such uses.
B.
All requirements of the State Health Department and Fire Marshal's office regarding such uses.
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.
Professional offices are subject to the following requirements:
A.
All activity and equipment, other than parking, must be housed in a fully enclosed building.
B.
No noise or odor produced as a result of activity in such offices shall be discernible beyond the boundaries of the lot.
C.
All vehicular access to the site shall be from a street which meets Town standards for streets.
D.
No display in the building shall be visible from outside of the building.
Zoning permits for temporary trailers may be issued for any district by the Zoning Administrator, subject to the following conditions:
A.
That the location of temporary trailers is necessary for the housing of construction workers employed on a construction project.
B.
That the request is filed or certified by the contractor as being essential to the construction.
C.
That the minimum area of 2,000 square feet is provided for each space.
D.
That sanitary facilities conform to the State Health Department's "Trailer Camp Sanitation" requirements.
E.
That the period of operating such temporary trailers shall concur with the anticipated period of the construction. Applications for renewal may be submitted if more time is required to complete the project. However, such renewal applications must be filed at least 90 days prior to the expiration of the original temporary use permit.
F.
The Town Council, in granting such a zoning permit, may require the posting of a bond to assure that the temporary trailers will be removed and the site left in good order at the expiration of the permit.
G.
The Town Council shall establish such additional requirements as are in the best interest of the public.
[Added 9-12-2011; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Statement of intent. A temporary family health care structure (TFHCS) is an accessory residential structure that is located on a single-family residential lot and that is used for the temporary housing and care of an impaired family member, consistent with Virginia state law. The TFHCS shall be for use by a caregiver in providing care for a mentally or physically impaired person and located on property owned or occupied by the caregiver as his residence and classified as a permitted accessory use in all residential zoning districts on lots that are used for single-family detached dwellings. Such structures shall not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this section. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one family health care structure shall be allowed on a lot or parcel of land.
B.
Definitions. For the definitions of "caregiver," "mentally or physically impaired person" and "temporary family health care structure (TFHC)" refer to definitions located in § 220-1.
C.
Requirements.
(1)
Any person proposing to install a TFHCS shall first submit a permit application providing proof of compliance with this section to the Town Zoning Administrator, along with an application fee of $100. The applicant may be required to provide evidence of compliance with this section on an annual basis as long as the TFHCS remains on the property. Such evidence may involve the inspection by the Zoning Administrator of the TFHCS at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.
(2)
Any TFHCS installed pursuant to this section shall be required to connect to the water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health.
(3)
No signage, advertising or otherwise promoting the existence of the TFHCS shall be permitted either on the exterior of the structure or elsewhere on the property.
(4)
Any TFHCS installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided for in this section.
(5)
The Zoning Administrator may revoke the permit granted pursuant to Subsection C(1) if the permit holder violates any provision of this section. Additionally, the Zoning Administrator and/or Town Council may seek injunctive relief or other appropriate actions or proceedings in the Circuit Court of Frederick County to ensure compliance with this section. The Zoning Administrator is vested with all necessary authority on behalf of the Town Council to ensure compliance with this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Purpose of section. The purpose of this section is to promote the orderly development of certain activities in the Town and to ensure that such activities are developed in a manner harmonious with surrounding properties and in the interest of the general public welfare. More specifically, the site plan shall be used to review the project's compatibility with its environment; to review the ability of the project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians; to review the quantity, quality, utility and type of the project's required community facilities; and to review the location and adequacy of the project's provision for drainage and utilities.
B.
Applicability of section; when site plan required.
(1)
The provisions of this section shall apply to all buildings, structures or uses as noted in this chapter.
(2)
Where a change of use of an existing structure requires additional parking or other requirements applicable to a new use, a site plan shall be submitted for review to ensure that the change of use can be accomplished within the purpose and intent of this chapter.
C.
Waiver of requirements.
(1)
Any requirement of this section may be waived by the Administrator where the waiver is not adverse to the purpose of this section and the applicant establishes that in the specific case an undue hardship would result from a strict enforcement of this section, or that the requirement is unreasonable.
(2)
The Administrator may waive the requirements for site plan review for additions to buildings, structures and uses if, in his/her opinion, any such addition does not substantially affect the purpose and intent of this section.
D.
Form and specifications. Every site plan shall be prepared in accordance with the following specifications:
(1)
The scale shall not be less than 50 feet to one inch.
(2)
All site plans shall be submitted on twenty-four-inch-by-thirty-six-inch sheets.
(3)
If the site plan is prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.
(4)
Horizontal dimensions shall be in feet and decimals of feet to the closest one hundredth of a foot.
E.
Preparation; certification; contents. The site plan, or any portion thereof involving engineering, urban planning, landscape architecture or land surveying, shall be prepared by qualified persons. Site plans shall be certified by an architect, engineer or land surveyor licensed to practice by the commonwealth within the limits of their respective licenses. The site plan shall provide the following:
(1)
The proposed title of the project and the name of the engineer, architect, landscape architect, surveyor and/or developer, and a signature panel for the Administrator's approval.
(2)
The North point, scale and date.
(3)
A vicinity map at a scale of between one inch equals one foot to one inch equals 2,000 feet. Such map shall show the location of the project in relation to corporation limits and streets in the Town.
(4)
Existing zoning and zoning district boundaries on the property in question and on immediately surrounding properties.
(5)
The present use of all contiguous or abutting property.
(6)
The boundaries of the property involved by bearings and distances, certified by a land surveyor licensed to practice in the commonwealth.
(7)
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 or adjoining properties need only be shown in approximate scale and proportion.
(8)
Topography of the project area with contour intervals of two feet or less.
(9)
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.
(10)
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.
(11)
The location of all off-street parking, loading spaces and walkways, indicating types of surfacing, size and angle of stalls, width of aisles and a specific schedule showing the number of parking spaces.
(12)
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.
(13)
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.
(14)
Provisions for the adequate disposition of natural and storm water, indicating location, size, types and grades of ditches, catch basins and pipes and connection to existing drainage system.
(15)
Provisions and schedule for the adequate control of erosion and sedimentation, in accordance with Chapter 97, Erosion and Sediment Control, of this Code.
(16)
Proposed finished grading by contour, supplemented where necessary by spot elevations.
(17)
The location, character, size, height and orientation of proposed signs.
(18)
The location and dimensions of proposed recreation, open space and required amenities and improvements, including details of disposition.
(19)
Any necessary notes required by the Administrator to explain the purpose of specific items on the plan.
F.
Improvements and standards. The following improvements and minimum standards, as applicable, shall be required and provided for a site development plan:
(1)
All street and highway construction standards shall be in accordance with those specified in Chapter 188, Subdivision of Land, of this Code.
(2)
The pavement of vehicular travel lanes, driveways, or alleys designed to permit vehicular travel on the site and to and from adjacent property and parking areas shall be not less than 20 feet in width.
(3)
Culs-de-sac shall be designed and constructed in accordance with the street standards specified in Chapter 188, Subdivision of Land, of this Code and may not be construed or employed as a parking bay.
(4)
Minimum utility easement width shall be 20 feet.
(5)
All required screening shall be sufficiently dense or opaque to screen the development effectively from the adjacent properties.
G.
Procedures.
(1)
Request for review by Planning Commission. The Administrator shall request a review by the Planning Commission prior to his decision on the site plan.
(2)
Review and approval generally.
(a)
Five copies of the plan shall be submitted to the Administrator. The Administrator shall circulate the plan to the relevant departments, boards and Planning Commission for written comments and shall notify the applicant of the action taken, which may be approval, approval subject to conditions or disapproval.
(b)
Site plans for the Planning Commission shall be submitted to the Administrator at least seven days prior to the next regularly or specially scheduled Planning Commission meeting. The site plan shall be considered approved unless the Planning Commission acts within 60 days from the date of submission of the final site plan.
H.
Termination. An approved site plan shall expire and become null and void if no building permit has been obtained for the site within 12 months after the approval.
I.
Amendments to approved site plan. If it becomes necessary for an approved site plan to be changed, the Administrator shall, at the applicant's request, either administratively approve an amendment to the site plan or, if the change is major, require that a new site plan be drawn and submitted for review and action in accordance with this section.
J.
Site plan prerequisites to issuance of permits. No building permit shall be issued to construct, erect or alter any building or structure or any permit or authorization granted to improve or develop land subject to the provisions of this section, unless a site development plan has been submitted and approved.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Landfills, junkyards, automobile graveyards, dumping and trash heaps. Landfills, junkyards, automobile graveyards, dumping and trash heaps shall be permitted only where specifically allowed by the zoning district regulations of this chapter. Where allowed, such uses shall meet all requirements of this chapter and applicable state and federal regulations.
(1)
Where allowed, landfills, junkyards, automobile graveyards, dumping and trash heaps shall be completely screened from the view of surrounding properties by fences, walls or other methods.
(2)
It shall be unlawful for any person to permit, deposit, store or hold any junk or matter which is noxious or offensive, either to health or to comfort, on any premises or place or in any building or structure, unless such matter is so treated, screened, covered or placed as not to create a nuisance. It shall also be unlawful to throw, deposit or dump any paper, trash, rubbish, ashes, garbage, junk or offensive matter on any public highway or right-of-way or on any public property not otherwise operated as an approved collection point for disposal in a sanitary landfill.
B.
Inoperable vehicles.
(1)
Inoperable motor vehicles shall not be stored outside of a completely enclosed building in the following zoning districts:
R-1 | Residential District |
RA | Rural Areas District |
MTND | Middletown Traditional Neighborhood Design District |
B-1 | Central Business District |
B-2 | Highway Business District |
(2)
Inoperable motor vehicles permitted to be stored outside of a totally enclosed building shall be completely screened from public roads or surrounding properties. Permitted screening shall include opaque fences, opaque landscaping or opaque natural vegetation.
C.
Trash storage.
(1)
When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish or garbage shall be stored in watertight, verminproof containers.
(2)
All multifamily residential developments where more than one residence or use shares a parking lot and commercial and industrial developments shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances.
(3)
Such trash containers shall be contained within a completely enclosed facility. The enclosure shall consist of a six-foot opaque fence or wall and an opaque gate.
There shall be no outside storage in any commercial and industrial districts except as follows:
A.
Retail stores. Goods, advertising and displays may not interfere with traffic flow of streets or pedestrian foot traffic on sidewalks. Goods, advertising and displays may only be exhibited outside of the structure during normal retail hours. At all other times goods, advertising and displays must be contained in a structure.
B.
Outside storage shall be completely screened from the view of any street, right-of-way, road, or alley and from adjacent properties by a solid fence, wall or vegetative barrier not less than six feet in height. Such storage shall not be permitted in any front yard setback area.
C.
The Zoning Administrator may require that the storage of hazardous materials or any materials which contribute to contaminated runoff be fully enclosed. Where such materials are stored outside, they shall be contained within an impervious structure designed to contain spillage or contaminated runoff.
D.
The display of motor vehicles for sale by a motor vehicle dealer or nursery stock by a commercial nursery along with other products for sale that are normally displayed outside shall be exempt from the above-stated requirements.