Chapter 18.75 I-1 LIGHT INDUSTRIAL DISTRICT

Business sign as regulated in Chapter 18.140 SCC.

Building material sales yard and lumber yard, including the sale of rock, sand, gravel, and the like as an incidental part of the main business, but not including a concrete batch plant or a transit plant.

Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.

Freighting or trucking yard or terminal.

Outdoor storage facilities for coal, coke, building materials, sand, gravel, stone, lumber; open storage of construction contractor's equipment and supplies shall be screened by seven foot obscuring fence, wall, or mass plantings, or otherwise so located as not to be obnoxious to the orderly appearance of the district.

Public utility service yard or electrical receiving or transforming station.

Auction house, except for sale of livestock.

Tire recapping or retreading.

Co-location of telecommunication antenna and related equipment as regulated in SCC § 18.185.020(4).

(4)

Adult Businesses. In addition to all other requirements, any adult business shall be permitted solely in an I-1 light industrial zoning district and conform to the following requirements:

The business shall be located at least 500 feet away from any residential or agricultural-forestal zoning district, and at least 500 feet from the property line of any land used for any of the following:

A dwelling;

(ii)

A nursing home, assisted living facility, or similar institution;

(iii)

An adult day care center;

(iv)

A child day care center;

(v)

A public or private school, college or university;

(vi)

A public park;

(vii)

A public or private library, museum or cultural center;

(viii)

A church or other place of worship;

(ix)

A hotel, motel or boardinghouse; and

(x)

Any other adult business.

Adult merchandise shall not be visible from any point outside the establishment.

Signs or attention-getting devices for the business shall not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in SCC § 5.40.010.

The business shall not begin service to the public or any outside activity before 7:00 a.m. local time. Hours of operation for any adult movie theater, adult nightclub or other business providing adult entertainment shall not extend after 1:00 a.m. local time. Hours of operation for any adult bookstore, adult video store, adult model studio, adult store or any other adult business except an adult motel shall not extend after 12:00 midnight local time.

In any adult business other than an adult motel or adult movie theater, there shall be no viewing of videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices, Internet sites or files transmitted over the Internet, or similar media characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in SCC § 5.40.010, while on the premises.

Adult merchandise shall be located in a conspicuously marked separate room or other area inaccessible to persons under 18 years of age with the room configured so that it remains open to plain view at all times.

The interior of the enclosed premises shall be equipped with overhead lighting fixtures that at all times illuminate every place patrons are permitted access with an illumination of not less than two-foot candles measured at floor level.

Wide angle mirrors must be used to provide the manager with continuous monitoring of all areas of the establishment.

All owners, operators, managers, employees, associates and entertainers shall be at least 18 years of age.

(j)

The owner or operator shall operate and maintain a security camera and videotape or digital file system designed and installed by a private security service business licensed by the commonwealth of Virginia. Surveillance cameras shall continuously monitor and record images of all entrances, exits, parking areas and all areas of the establishment where the adult business is conducted, except for the sleeping rooms of an adult motel. Such cameras shall provide clear imagery of the establishment's premises, patrons and their vehicles and of any vehicles otherwise entering the premises. Videotapes or digital file systems recording activities in the areas under surveillance shall be preserved for a period of not less than four months. Authorized representatives of the Staunton police or the Staunton planning department shall have prompt access to recovery and possession or a complete and accurate copy of such videotapes or digital files upon request.

(k)

The owner or operator shall provide adequate lighting for all entrances, exits and off-street parking areas serving the adult business, and all areas of the establishment where the adult business is conducted, except for the private rooms of an adult motel or the movie viewing areas in an adult movie theater. "Adequate lighting" means sufficient lighting for clear visual and security camera surveillance and recording of all images on the premises at all times one hour before dusk and one hour after dawn.

Unless otherwise defined or required by the context, terms used in this section relating to adult businesses shall have the same meaning as defined in SCC § 5.40.010.

If any of the provisions of any subsection, paragraph, subdivision or clause of this section shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any subsection, paragraph, subdivision or clause of this section.

Nothing in the provisions of this subsection shall be applied, construed or interpreted in any way as prohibiting or limiting the prosecution of alleged violation of any obscenity or child pornography laws.

(5)

The following uses when conducted within a completely enclosed building:

The manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products.

The manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: aluminum, bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, rubber, textiles, tin, iron, steel, wood (excluding sawmill), yarn, and paint not involving a boiling process.

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.

The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like.

The manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing.

The sale, storage, and sorting of junk, waste, discarded or salvaged materials, machinery or equipment, but not including processing.

Blacksmith shop and machine shop.

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.

(j)

Planing mill.

(k)

Wholesale or warehouse enterprise.

(6)

Buildings, structures, and uses accessory and customarily incidental to any of the above uses.

(7)

Business and professional offices not involving on-premises retail or wholesale trade nor the maintenance of a stock of goods for display or sale. This use shall be limited to only fully enclosed buildings constructed prior to September 1, 2019.

(8)

Pet Boarding Facility.

All pet boarding facilities must be reasonably soundproofed from neighboring residential and commercial uses.

No breeding, buying, or renting of any animal. No animals under four months old are allowed on the premises.

All areas used by animals shall be adequately fenced so as to prevent their escape and provide screening for adjacent properties as approved by the zoning administrator or designee.

All animal waste and run-off discharge containing animal waste shall be captured and disposed of in a manner that controls odors and protects the environment. No on-site composting of animal waste.

All kennels and outdoor pet runs shall be subject to the following setback requirements:

Residential use in a building: 100 feet.

(ii)

Residential zoning district: 200 feet.

For the purpose of this section, measurement of the setback requirements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of an existing dwelling unit or residential district boundary to the nearest portion of the kennel or fenced play area.

Outdoor exercise areas, outdoor pet runs, or yards, when provided for training or exercising, shall be restricted to the hours of 8:00 a.m. to 8:00 p.m.

The comprehensive care for animals in a pet boarding facility must comply with Section 3.2-6518 of the Code of Virginia, Title 3.2, Chapter 65, Article 4, Boarding Establishments and Groomers.

All new pet boarding facilities shall be subject to review and approval by the zoning administrator, pursuant to the provisions of this section.