Town of Elkton
Town Code
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ARTICLE VII
Use Regulations
Area and density regulations are provided by district in the lot regulations in the individual districts and in Table 2, Lot Regulations for Manufactured Homes, Parks and Subdivisions, and Table 3, Lot Regulations by District, incorporated herein as Subsection C, and made a part hereof:
A. Modification of yard requirements. Yard requirements may be modified to provide:
(1) An uncovered porch may project into a required front yard for a distance not exceeding 10 feet.
(2) A patio may be included as open space in meeting open space requirements and may be included as yard area in meeting yard dimension requirements, provided that no structure is closer than five feet to the property line. No patio or open court area may be located in the front yard of a lot without adequate screening.
(3) Minimum setback requirements of this chapter for yards facing streets shall not apply" to any lot where the average setback on developed lots within the same zoning district and fronting on the same street is less than the minimum. In such as, the setback on such lot may be less than the required setback but not less than the average of the existing setbacks on the existing developed lots.
(4) Signs advertising sale or rent of premises may be erected up to the property line.
B. Special provisions for corner lots. [Amended 7-20-1992]
(1) The front side of a corner lot shall be the shorter of the two sides fronting on streets.
(2) For subdivisions platted after the enactment of this chapter each corner lot shall have a minimum width at the setback line of 120 feet.
C. Lot regulations for manufactured homes, parks and subdivisions shall be as provided in Table 2 below:
§ 110-702. Additional buildings and structures on a single lot.
The Town Council may permit additional buildings on the same lot or parcel as follows:
A. Additional dwellings. Additional dwellings on a single lot may be permitted, provided that:
(1) The arrangement of such additional dwellings is in such a manner that all requirements of the Virginia Highway Department, Virginia Department of Health, or this chapter are fulfilled, with the exception of area requirement.
(2) On lots having more land than required for two structures, the arrangements of such additional dwellings are in such a manner so that if the lot or parcel of land is ever subdivided no substandard lots are created. Provision of access open to the sky at least 15 feet in width is required.
B. Temporary buildings. Temporary buildings used in conjunction with construction work only may be permitted in any district but shall be removed immediately upon completion or abandonment of construction.
C. Satellite antennae shall not be permitted in the front yard of any lot. No portion of a satellite antenna will be closer than five feet to the side or rear lot line.
§ 110-703. Off-street parking.
Off-street motor vehicle parking space shall be provided on certain lots in accordance with this chapter.
A. Parking space requirements for certain districts. In all districts except Downtown Business District B 1, the following requirements apply:
(1) If an off-street parking space cannot be reasonably provided on the same lot on which the main use is conducted, such space may be provided on other off-street property, provided that such space lies within 600 feet of the property line of such main use.
(2) The required number of parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time.
(3) Area reserved for off-street parking in accordance with the requirements of this chapter shall not be reduced in the area, encroached upon or changed to any other use unless the use which it serves is discontinued or modified.
(4) Off-street parking existing at the effective date of this chapter in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use. Existing off-street parking which is provided in an amount less than the requirements stated hereinafter shall not be further reduced.
B. Site requirements. All off-street parking spaces shall be laid out, constructed, and maintained in accordance with the following requirements:
(1) All such parking spaces, except those serving one- and two-family dwellings, shall be maintained in a dustproof condition.
(2) Lighting facilities shall be so arranged that light is reflected away from adjacent properties.
(3) All such parking spaces shall be adequately drained.
(4) All such parking spaces shall be connected by a driveway to a paved street or paved alley. [Amended 11-19-1990]
(5) Parking space size shall be 200 square feet. Parking space width shall be 10 feet; parking space length shall be 20 feet. Two-way drives shall be a minimum of 22 feet in width. [Added 4-18-2005]
C. Parking space requirements for all districts except B-l Business. In all districts, there shall be provided adequate off-street motor vehicle parking spaces with vehicular access to a street or alley, and shall be equal in area to at least the minimum requirement for the specific land use set forth, including but not limited to the following: [Amended 12-18-2000]
Land Use Parking Requirements (spaces)
Dwellings;
One and two families; 2 for each dwelling unit
Multifamily, townhouses; 2 per dwelling unit
Hotel, motels; 1 for each bedroom plus 1 additional space for each 2 employees
Mobile home parks/ subdivisions; 2 per manufactured home
Travel trailer parks; 1 for each travel trailer, motor home, or camper
Boarding and rooming houses, dormitories; 2 for the proprietor, 1 for each 2 employees plus another if there is an odd number of employees, 1 for each sleeping room
Bed-and-breakfast facilities, limited; 2 for the proprietor, 1 for each 2 employees plus
another if there is an odd number of employees, 1 for each sleeping room
Public assembly:
Newly constructed churches and other places of worship;1 for each 4 seats in the main auditorium or sanctuary
Private clubs, lodges and fraternal or sorority buildings not providing overnight accommodations; 1 for each 50 square feet
Theaters, auditoriums, coliseums, stadiums, and similar places of assembly; 1 for each 4 seats
Schools, including kindergartens, play schools, and day-care centers; 1 for each employee, including teachers and administrators, plus 10 spaces per classroom for high schools and colleges
Skating rinks, dance halls, exhibition halls, pool rooms, and other places of amusement or assembly without fixed seating arrangements; 1 for each 50 square feet of floor area
Bowling alleys; 4 for each alley
Health facilities;
Hospitals and similar uses; 1 for each 2 beds, plus 1 for each staff doctor, plus 1 space for each 2 employees, on the maximum working shift
Kennels and animal hospitals; A net parking area equal to 30% of the total enclosed or covered area
Medical, dental and health offices and clinics; At least 10. Three additional parking spaces shall be furnished for each doctor and dentist having office in such clinics in excess of 3 doctors or dentists plus 1 space per each 2 staff and employees.
Homes for adults and similar uses; 1 for each 4 beds plus 1 for every 3 employees
Businesses;
Automobile repair establishments; 1 for each 300 square feet, with a minimum of 10 spaces
Food stores; 1 for each 200 square feet of floor area designated for retail sales only
Restaurants, including, bars, cafes, taverns, nightclubs, lunch counters, and all similar dining and/or drinking establishments 1 for each 4 seats provided for patron use plus 1 per employee on average shift
Office buildings, including banks, business, commercial and professional offices and buildings but not including medical, dental, and health offices and clinics; 1 for each 300 square feet of ground floor area plus 1 for each 500 square feet of upper floor space
General business, commercial or personal service establishments catering to the retail trade; 1 for each 200 square feet of floor area designated for retail sales
Governmental offices; 1 for each 300 square feet of ground floor area plus 1 for each 500 square feet of upper floor area and 1 for each governmental vehicle
Shopping centers; 1 per 200 square feet of retail sales area
Furniture stores; 1 for each 1000 square feet of gross floor area
Public utilities, such as telephone exchanges and substations, and electric power and gas substations; 1 for each employee on the maximum shift plus a parking area equal to 25% of the gross floor area
Mortuaries and funeral parlors; 5 per parlor unit, or 1 per 4 seats, whichever is greater
Industries;
Manufacturing and industrial establishments not catering to the retail trade; 1 for each 3 employees on the maximum working shift plus 1 for each company vehicle or mobile equipment operating from the premises
Wholesale establishments; 1 for every 50 square feet of customer service area, plus 2 for each 3 employees on the maximum working shift plus 1 for company vehicle operating from the premises
§ 110-704. Junk storage and automobile graveyards.
Title 33.1, Chapter 6, § 33.1-348, of the Code of Virginia 1950, as amended, establishes the criteria for review of the proposed location of junkyards and automobile graveyards. Those provisions are hereby incorporated herein.
§ 110-705. Home occupations. [Amended 5-16-1994]
This chapter uses a permit approach to the control of home occupations to ensure compatibility of home occupations with surrounding residential uses. Custom or traditions are not to be considered as criteria for the evaluation of home occupations. The Zoning Administrator may request advice from the Planning Commission as appropriate.
A. Uniform requirements. A home occupation, where permitted, must meet the following uniform requirements:
(1) The applicant shall be the owner of the property on which the home occupation is to be located or, if the applicant is a tenant, shall have written approval of the owner of the property.
(2) The home occupation shall be operated only by the members of the family residing on the premises.
(3) All substantive activity related to the home occupation shall occur within either the dwelling unit or an accessory building, and no evidence of the home occupation shall be visible from outside such building.
(4) The area used for the home occupation shall not exceed an amount equal to 25% of the floor area of the dwelling unit, whether such use occurs within the dwelling unit or in an accessory building.
(5) The home occupation shall not produce obnoxious odors, glare, noise, vibration, electrical disturbance, or other conditions detrimental to the character of the surrounding area, and in general, shall give no evidence of nonresidential character of use other than through the use of a sign meeting requirements for professional name plates, as spelled out in § 110-706.
(6) The home occupation shall not generate more than three customer or vehicle arrivals on the premises during any twenty-four-hour period, including deliveries and couriers, but excluding the vehicle arrivals of those persons engaged in the home occupation.
(7) The building in which the home occupation is to be located shall be an existing structure ready for occupancy and not a proposed structure.
(8) Additional off-street parking may be required upon the recommendation of the Zoning Administrator.
(9) The applicant for a home occupation shall present the recommendation of the Elkton Fire Department with regard to the proposed use of the structure.
(10) Business licenses have been obtained for the activity and all business license taxes are paid within the time required under Article VII.
(11) Special requirements, reasonable to the preservation of the character of the surrounding area, may be imposed as conditions of the permit in addition to the requirements set forth in this subsection.
B. Expiration and revocation. A special exception permit for home occupations shall expire or be revoked under the following conditions:
(1) A permit shall expire whenever the applicant ceases to occupy the premises for which the home occupation permit was issued. No subsequent occupant of such premises shall engage in any home occupation until such person shall have been issued a new permit after proper application.
(2) A permit shall expire whenever the holder fails to engage in a home occupation for any period of six consecutive months.
(3) Upon the request of the Zoning Administrator or upon its own motion, the Town Council may revoke a permit if it finds that the holder of the permit has failed to comply fully with the uniform requirements set forth above or with any special requirements of the permit. The permit holder shall be given reasonable notice of a hearing for the consideration of such revocation and shall have the opportunity to present facts and argument and to question witnesses supporting the revocation.
§ 110-706. Signs. [Amended 11-15-1990; 7-20-1992; 8-16-1993; 9-20-1993; 2-21-1994; 5-19-1997; 12-18-2000]
A. Purpose. The purpose of the following sign requirements is to promote and protect the public health, welfare, and safety by regulating existing and proposed outdoor advertising, and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, and enhance and protect the scenic and natural beauty of the Town of Elkton. It is further intended to reduce sign or advertising distraction that may be caused by signs or projecting over the public right-of-way, provide more open space, curb the deterioration of the natural environment, and enhance community development. [Amended 12-18-2000]
B. General requirements. Except as provided in § 110-706C below, no sign or sign structure shall be erected without a building permit:
(1) No sign or sign structure shall be located in such a manner as to materially impede the view of any road intersection; or in such a manner as to materially impede the view of the intersection of a road with a railroad grade crossing.
(2) No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape.
(3) No portion of any sign structure, except official road markers, which shall adhere to the applicable state and local laws, shall be less than 10 feet above the level of an adjacent sidewalk or other pedestrian thoroughfare, and no less than 16 feet above the level of an adjacent public driveway, alley or street. [Amended 12-18-2000]
(4) All signs, whether permanent or temporary, shall comply with the applicable requirements of the Building Code.
(5) In the event any sign structure is to be relocated, the owner of said sign shall obtain a new building permit.
(6) A freestanding sign structure may be erected up to a height of 16 feet and shall not be lower at the bottom edge than 10 feet above the surface of the ground.
(7) A sign within the jurisdiction of state and federal laws along interstate highways and federal-aid primary highway systems shall conform to said laws in lieu of any other sign regulations in this chapter. [Amended 12-18-2000]
(8) Informational signs of a public or quasi-public nature identifying or locating civic, educational or cultural purpose, and signs drawing attention to public parking lots, rest rooms or to other public convenience relating to such places or activities are permitted. Such signs shall not exceed an area of six square feet, shall not be illuminated, shall contain no advertising matter, and shall be set back not less than five feet from the fronting highway. Nothing contained herein shall be construed to limit the effect of § 110-706.
(9) Official notices or signs posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties, or by trustees under deeds of trust, deeds of assignment or other similar instruments are permitted. Such signs shall not exceed an area of two square feet, shall not be illuminated and shall contain no advertising matter, other than that which may be required by law.
C. Permissible signs in all districts. The following signs are allowed in all districts and shall be exempt from permit requirements:
(1) Real estate signs.
(a) Real estate signs advertising sale, rental, or lease of the land or building upon which signs are located, provided that:
[1] In residential districts, real estate signs shall not be in excess of six square feet.
[2] In business districts, there shall be no sign area in excess of 32 square feet and no more than three such signs on any single lot.
[3] In industrial districts, and in industrial/business districts there shall be no sign area in excess of 90 square feet and no more than three such signs per single lot.
(b) All signs in this section must be removed within three days after the sale or rental of the advertised land or building.
(2) Directional signs for parks and playgrounds and other permitted nonresidential uses, provided that such signs shall not exceed four square feet in area (§ 110-706) also applies.
(3) Professional name plates not exceeding four square feet in area; such signs to be nonilluminated.
(4) One sign or bulletin board indicating the name of the institution or civic association not exceeding 10 square feet in area on premises of public or semipublic facilities.
(5) Unlighted signs located on the premises describing active construction projects, having an area no larger than 32 square feet with a maximum height of eight feet, unless otherwise mandated by a governmental agency, and which shall be removed upon completion of construction.
(6) Memorial signs or tablets, including names of buildings and date of erection when cut into masonry, bronze, or other materials.
(7) Traffic or other public signs or notices posted or erected by or at the direction of a governmental agency.
(8) Customary sign area in conjunction with residential usage, including mailbox lettering, names of residents, house number, names of farms and estates, and other similar usage not exceeding six square feet.
(9) One subdivision identification sign per entrance to each subdivision, provided that such sign area shall not exceed 32 square feet, which may have indirect lighting but not flashing lighting, and shall make no reference to the sale or lease of the lots or houses located within said identified subdivision.
(10) Political posters and yard sale posters not exceeding three square feet and posted two weeks or less, but such signs shall be removed by the sign owner within five days after the date of the event or activity to which the sign makes, reference, and if not, then by the Zoning Administrator at the owners expense.
D. Signs as permitted uses. The following signs are permitted uses in the following districts:
(1) All districts. Within all districts the following signs are permitted:
(a) Portable signs are permitted, provided that:
[1] Such signs are not displayed longer than seven days prior to the event advertised and are removed the day after the occurrence of the event;
[2] Such signs are not placed upon public streets or sidewalks; and
[3] No more than four portable sign permits shall be issued during each calendar year with respect to a particular lot or adjacent lots used for a common purpose. [Amended 12-18-2000]
(b) Temporary signs are permitted provided that:
[1] Such signs are not displayed longer than 30 days;
[2] Such signs are removed by the sign owner within five days after the date of the event or activity to which the sign makes reference, or if he or she fails to do so, by the Zoning Administrator at the owner's expense.
[3] Such signs are not placed upon public streets or sidewalks.
(2) Residential districts. Within any residential district the following signs are permitted:
(a) One sign for each subdivision relating to the sale of property within said subdivision, provided that such sign shall be within said subdivision, shall not exceed 30 square feet per sign area, shall not be illuminated, shall be maintained at subdivider's expense, and shall be removed by subdivider when 80% of the lots in said subdivision are sold. [Amended 12-18-2000]
(b) Where multifamily dwellings are a permitted use, one sign for identifying multifamily dwellings of more than six units, provided that such sign be located only on the premises of the multifamily dwellings, shall not exceed nine square feet in area, shall indicate nothing other than the name and/or address of the premises, and the name of the management, and may be illuminated by indirect illumination.
(c) Directional signs for parks and playgrounds and other permitted nonresidential use, provided that such signs shall not exceed four square feet in area, shall be within one mile of the use, and shall not be illuminated.
(3) Business districts. Within any business district, the following signs are permitted:
(a) Except as provided in Subsection D(3)(b) below, no sign except those suspended from buildings shall be erected or placed between the street line and the building line in any business district. Signs suspended from any building shall not project more than 60 inches from any building and the bottom of such sign shall be not less than 10 feet above the finished grade of the sidewalk. A sign projecting or suspended from a building shall not contain more than 42 square feet in area and shall not exceed 12 feet in height, except that a sign exceeding 12 feet in height may be permitted if designed as an integral part of a building, upon approval of the Zoning Administrator, and provided further that only one projecting sign shall be permitted for each building.
(b) A Class A freestanding sign may be erected or displayed upon a lot only where drive-in service or parking for more than 10 cars is provided, provided that not more than one such Class A freestanding sign shall be permitted for any one such drive-in service area, parking area, or setback. No sign other than the sign described on the sign permit application shall be attached to a Class A freestanding sign. A Class A freestanding sign shall not exceed 20 square feet in sign area. However, a Class A freestanding sign not exceeding 60 square feet in sign area will be permitted to the extent that the sign area does not exceed 0.2 square foot of lot frontage for the lot on which it is situated, and provided further that the other conditions for freestanding signs hereinabove set out are met. In calculating the lot of frontage of any corner lot or double frontage lot, the lot frontage of the lot on all streets may be included. No portion of a Class A freestanding sign shall be higher than 16 feet above the grade level of the property on which the sign is erected. The lower edge of the sign face of a Class a freestanding sign shall be at least 10 feet above the grade level of the base of the sign. No Class A freestanding sign shall be closer than two feet from any right-of-way line or lot line or within 25 feet from any adjacent lot located within a residential districts.
(c) A Class B freestanding sign upon a lot may be erected or displayed only where there is no drive-in service provided. Only one Class B freestanding sign shall be permitted for each street on which the property fronts. A Class B freestanding sign shall not materially impede the view of vehicle operators or pedestrians at an intersection of any street or private thoroughfare or driveway. A Class B freestanding sign shall be no closer to a property line than one foot for every foot in sign height. No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign other than the one indicated on the sign application shall be attached to a Class B freestanding sign. A Class B freestanding sign shall not exceed 20 square feet in sign area. However, a Class B freestanding sign not exceeding 60 square feet will be permitted to the extent that the sign area does not exceed 0.2 square foot for each foot of lot frontage for the lot on which it is situated, and provided further that the other conditions for freestanding signs hereinabove set out are met. In calculating the lot frontage of any corner lot or double frontage lot, the lot frontage of the lots on all streets may be included. No portion of a Class B freestanding sign shall be higher than 16 feet above the grade level of the property on which the sign is erected. The lower edge of the sign face of a Class B freestanding sign shall be at least two feet above the grade level of the base of the sign. No Class B freestanding sign shall be closer than two feet from any right-of-way line or lot line. No Class B freestanding sign shall be placed on any street corner of any corner lot within 25 feet of any adjacent lot located within a residential district.
(d) An electronic message board sign may be attached to either a Class A or Class B freestanding sign. An electronic message board sign so attached shall not exceed six feet in length or 12 square feet in sign area. Sign area of the attached electronic message board shall be included for purposes of computing sign area of the Class A or Class B freestanding sign.
(e) No part of an awning shall be less than seven feet above the sidewalk level.
(f) The light from any illuminated sign shall not cause direct glare into or upon any building or property other than the building or property to which the sign applies.
(4) Industrial districts. Any sign permitted in any business district pursuant to § 110-706D(3) is permitted within any industrial district.
E. Signs as special exceptions. The following signs are permitted for uses pursuant to special exception permits:
(1) Except as hereinafter provided within any residential district, signs for buildings and uses permitted pursuant to a special exception permit are permitted, provided that they shall not exceed 20 square feet per sign area; shall indicate nothing other than the activity engaged in, the name of the owner, firm, organization, or agency, and the hours of activity, shall be limited to two signs per use; and may be indirectly illuminated at the discretion of the Council. In any business and industrial districts, signs for buildings uses permitted pursuant to a special exception permit, provided that all requirements of sign area and characteristics for permitted are met.
(2) Within any residential district, directional signs for uses and building permitted pursuant to special uses and building permitted pursuant to special exception permits are permitted, provided that they do not exceed four square feet per sign area, are within one mile of the use, and are not illuminated.
F. Signs prohibited in all districts. The following signs are prohibited in all districts:
(1) Any sign erected or painted upon a fence, tree, fire escape, or utility pole.
(2) Any sign which uses the word "Stop" or "Danger" prominently displayed or which is a copy or imitation of official traffic control signs.
(3) Any sign which contains flashing or intermittent illumination.
(4) Any sign which is mobile and is designed to and effectively does distract the attention of passing motorists on any highways by loud and blatant noises or movable objects.
G. Maintenance and removal of signs:
(1) All signs and sign structures shall be kept in good repair and in proper state of preservation.
(2) Signs which are no longer functional or are abandoned shall be repaired, removed, or relocated at the owner's expense in compliance with the provisions of this chapter within 30 days following dysfunction.
(3) Signs and structures which do not conform to the regulations and restrictions as set forth in this article may be continued only so long as the existing or more restrictive use of a sign is not discontinued for more than two years and so long as the signs are maintained in their sound structure/condition. The uses of such signs shall conform to the provisions of this article whenever the signs are enlarged, extended, reconstructed, altered, or structurally altered. No nonconforming sign may be moved' on the same lot, building or structure or to any other lot, building or structure which does not permit such nonconforming sign.
§ 110-707. Manufactured homes.
A. Any manufactured home placed in the Town of Elkton after the date of enactment or amendment of this chapter shall meet the following requirements:
(1) All manufactured homes shall meet the plumbing requirements and the electrical wiring and connection, construction, blocking, and anchoring requirements of the Virginia State Building Code and shall display the seal of a testing laboratory approved by the State of Virginia.
(2) All manufactured homes shall be completely skirted; such that no part of the undercarriage shall be visible to a casual observer, in accordance with methods and materials approved by the Building Official.
(3) All manufactured homes shall be supplied with public water and wastewater disposal.
B. Manufactured home lot requirements. Individual manufactured home lot requirements are found in Table 2.
Table 2
Town of Elkton
Lot Regulations for Manufactured Homes, Parks, and Subdivisions
|
Requirement |
Manufactured Home Park (feet) |
Lot Within Park (feet) |
Manufactured Home Subdivision (feet) |
Subdivision Manufactured Home Lot (feet) |
|
Area |
130,680 sq. ft. (3 acres) |
3,400 sq. ft. |
435,600 sq. ft. |
6,000 sq. ft. |
|
Setback |
25 |
N/A |
25 |
25 |
|
Setback line |
150 |
40 |
150 |
50 |
|
Yard: |
|
|
|
|
|
One side |
25 |
7 1/2 |
25 |
10 |
|
Both sides |
50 |
15 |
50 |
20 |
|
Rear |
25 |
7 1/2 |
25 |
25 |
|
Height |
35 |
35 |
35 |
35 |
|
Accessory buildings |
35 |
mobile home height |
35 |
35 |
C. Manufactured home park and setback requirements. All manufactured home parks shall meet the following minimum area and setback requirements;
(1) All manufactured home parks shall have a minimum area of at least three acres. A minimum of three spaces shall be completed and ready for occupancy before the first occupancy is permitted.
(2) The overall density of any manufactured home park or subdivision shall not exceed eight units per gross acre. The density of any particular acre within such park shall not exceed eight units per gross acre.
(3) No main or accessory building shall be located closer than 25 feet to any property line of a manufactured home park.
D. Manufactured home stand requirements. All manufactured home lots shall meet the following requirements:
(1) The area of any manufactured home lot shall not be less than 3,400 square feet.
(2) No manufactured home or permanent building shall be closer than 10 feet to any lot line.
(3) The average side length of a manufactured home lot shall be 85 feet; the average side width shall be 40 feet.
E. Manufactured home accessory structures. All manufactured home accessory structures erected or constructed after the date of enactment or amendment of this chapter must meet the following requirements:
(1) All manufactured home accessory structures must meet the plumbing, electrical connection, wiring, construction, and other applicable requirements of the Building Code.
(2) Except in the case of an awning, ramada, or other shade structure, where a manufactured home accessory structure is attached to the manufactured home unit, a substantial part of one wall of the accessory structure shall be flush with part of the manufactured home unit, or such accessory structure shall be attached to the manufactured home unit in a substantial manner by means of a roof. All manufactured home accessory structures, whether attached or detached, shall be designed and constructed as freestanding structures. No detached manufactured home accessory structure, except ramadas, shall be erected closer than 10 feet to a manufactured home.
(3) Manufactured home accessory structures, except ramadas, shall not exceed the height of the manufactured home.
(4) No manufactured home accessory structure shall be erected or constructed on any manufactured home lot or lot except as an accessory to a manufactured home.
F. Manufactured home park application and site plan. Applicants for manufactured home parks shall meet the following special requirements:
(1) Site plans shall be legibly drawn at a scale consistent with its purpose.
(2) The following information shall be required of site plans:
(a) The date of the site plan, the name of the surveyor and the number of sheets comprising the site plan.
(b) The scale and the North designation.
(c) The name and signature of the owner, and the name of the proposed park; said name shall not closely approximate that of any existing manufactured home park or subdivision in the Town of Elkton or surrounding area.
(d) A vicinity map showing the location and area of the proposed park.
(e) The boundary lines, area, and dimensions of the proposed park, with the locations of property line monuments shown.
(f) The names of all adjoining property owners.
(g) Proposed layout, including interior streets with dimensions and such typical street cross sections and center line profiles as may be required in evaluating the street layout; water, sewer, drainage, and utility lines, facilities and connections, with dimensions shown; location and type of solid waste collection facilities; interior monuments and lot lines, dimensions, and areas of manufactured home lots, common space and recreation areas and common parking areas, and other common areas; locations and dimensions of manufactured home lots and parking spaces, management offices, laundry facilities, recreation buildings, and other permanent structures; location and nature of fire-fighting facilities, including hydrants, fire extinguishers, and other fire-fighting equipment; location of fuel storage facilities and structures of high flammability; and location and dimensions of landscaping amenities, including streetlights, sidewalks, planted areas, significant natural features to be retained, and fencing and screening. [Amended 12-18-2000]
(3) The site plan shall be accompanied by a narrative statement describing how the standards and requirements set forth herein are to be met and, where appropriate, statements from the Highway Engineer certifying approval of the street and drainage, waste and sewer, or utility system layouts by the owner/operator.
G. Manufactured home park design standards.
(1) Streets. An internal street system shall be provided to furnish convenient access to manufactured home lots and other facilities in the park, shall be designed such that connection to existing drainage and utility systems is convenient, and shall meet the following requirements; in addition to such other reasonable standards and requirements as may be established by the Town Council.
(a) All internal streets shall be permanently paved with a durable, dust-proof, hard surface. Minimum pavement widths shall be 20 feet for streets and a minimum fifty-foot right-of-way. [Amended 12-18-2000]
(b) Dead-end streets shall be limited in length to 600 feet, shall be provided with cul-de-sacs with turning areas of not less than 40 feet in radius. [Amended 12-18-2000]
(c) Streets shall be adapted to the topography, shall follow the contours of the land as nearly as possible, and shall have safe grades and alignments.
(d) Driveway entrances to manufactured home parks from any public street or road shall conform to the current construction standards of the Virginia Department of Transportation.
(e) Sidewalks and curb and gutter shall be provided and built to the Department of Transportation standards.
(2) Vehicle parking. Off-street parking shall be provided for the use of occupants at the minimum ratio of two car spaces (each space containing a minimum of 180 square feet) for each manufactured home. Each off-street parking space shall be paved and have unobstructed access to a public street. On-street parking is prohibited unless the paved street on which the manufactured home fronts is expanded to accommodate additional parking lanes or parking bays.
(3) Lighting. All streets and walkways within the manufactured home development shall be lighted at intervals and levels established by the town.
(4) Disposal of garbage and rubbish. It shall be the responsibility of the manufactured home park to collect or cause to be collected and disposed of garbage and rubbish as frequently as may be required by the town. Dumpsters may be used at approved locations. [Amended 12-18-2000]
(5) Installation of storage tanks. Gasoline, liquefied petroleum, gas, or oil storage tanks shall be so installed as to comply with all county, state, and federal fire prevention and protection regulations.
(6) Open spaces. Where manufactured home lot sizes are relied on primarily to provide for open space, lots shall be so grouped as to maximize the amount of usable space, while meeting the minimum yard requirements set forth in § 110-707B of this chapter.
(7) Record of tenants for manufactured home parks. The operator of a manufactured home park shall keep an accurate register of all tenants occupying manufactured homes located in the park. The register shall show the name and permanent residence address of the owner and occupants of any manufactured home located in the park; the make and registration of any manufactured home; the time and date of arrival and departure; and such other information as might be necessary to provide information about the occupants of the manufactured home. These records shall be open to the law enforcement officers and public officials whose duties necessitate acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three years following the date of departure of the registrant from the park.
(8) Certificate of use and occupancy required. No manufactured home or accessory structure shall be occupied in any manufactured home park until a certificate of occupancy shall have been issued by the Zoning Administrator to the effect that the manufactured home park or the portion thereof for which such certificate is requested is in compliance with all applicable provisions of this chapter and the Uniform Building Code. Such certificate shall not be issued until after the same has been approved by the Health Department, Zoning Administrator, Building Official, and other agencies as may be required.
§ 110-708. Nonconforming lots, buildings, and uses.
A. It is the intent of this chapter to recognize that the elimination of existing lots, buildings, and structures or uses that are not in conformity with the provisions of this chapter is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this chapter. It is, therefore, the intent of this chapter to permit these nonconformities to continue, but not to encourage their survival, permit their expansion, or permit their use as grounds for adding other structures or uses prohibited elsewhere in the same district.
B. Therefore, any structure or use of land existing at the time of the enactment of this chapter, and amendments thereto, but not in conformity with its regulations and provisions, may be continued subject to the following provisions:
(1) Lots of record. If a lot of record at the time of enactment of this chapter does not contain land of sufficient area or width to permit conformity with the dimensional requirements of this chapter, then the following provisions shall apply:
(a) Except as set forth in § 110-708B(2) with respect to lots in a Low-Density Residential District R-2, a single nonconforming lot of record at the time of enactment of this chapter may be used as a building site, provided that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulation for the district in which such lot is located. Variances of yard requirements may be obtained only through appeal to the board, as outlined in § 110-807 herein.
(b) Except as provided hereafter, the owner of a lot in a Low-Density Residential District R-2 which has lot frontage at the setback line of at least 50 but less than 100 feet, and which is not contiguous to one or more of other lots owned by the same person such that the combined lot frontage at the setback line is equal to or more than 100 feet, may apply for a special exception permit in accordance with Article VIII herein, to use such lot as a building site, provided that yard dimensions and requirements other than those applying to area, width of the lot or such yard shall conform to the regulation for such district. Such a lot which at the time of the enactment of enactment of this chapter is contiguous to one or more other lots owned by the same person such that the combined lot frontage at the setback line is equal to or more than 100 feet may not be used as a building site unless the interior lines are revised by combining such lot with one or more contiguous lots,' so that such lot complies with all yard dimensions and requirements. The restriction in the foregoing sentence applies whether or not such lot is subsequently owned by a person who does not also own one or more contiguous lots.
(2) Nonconforming structures. Where a lawful structure exists at the time of enactment or amendment of this chapter that could not be built in the district in which it is located by reason of restrictions on lot coverage, height, yard dimensions, or other requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: [Amended 12-18-2000]
(a) Any structure or portion thereof declared unsafe by the Building Official may be restored to a safe condition rather than be demolished, provided that the requirements of this section are met, and that the cost of restoration of the structure to a safe condition shall not exceed 75% of its replacement cost at the time of the Building Official's declaration.
(b) No nonconforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(c) Notwithstanding the provisions of Subsection B(2)(b) above, whenever repairs on or installation of plumbing fixtures in residential structures is required by law or administrative action of the Health Official or the Building Official, such alterations shall be permitted, provided that if such alterations require an addition to the structure, then such addition shall be no nearer the lot line than permitted by the requirements of this chapter. Where an existing residential structure exceeds these requirements, said addition shall extend no nearer the lot line than the existing building line.
(d) Should a nonconforming structure be moved, it shall thereafter conform to the yard dimension requirements of the district in which it is located after it is moved. [Amended 12-18-2000]
(e) A structure which by reason of the passage of this chapter has become nonconforming which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than 50% of its assessed value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than 50% of its assessed value, a nonconforming structure may be repaired or reconstructed, and used as before the time of damage, provided that such repairs or reconstruction are completed within one year of the date of such damage.
(3) Nonconforming uses of land. Where a lawful use of land exists at the time of enactment or amendment of this chapter that would not be permitted by the regulations imposed herein and where such is either an accessory use involving the use of no separate accessory structure or a principal use involving no individual structure, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the time of enactment or amendment of this chapter. [Amended 12-18-2000]
(b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the time of enactment or amendment of this chapter.
(c) In the event that such use ceases for reasons other than destruction for a period of more than two years, any subsequent use shall conform to all requirements for this chapter for the district in which the land is located. [Amended 11-19-1990]
(d) No additional structure not conforming to the requirements of this chapter shall be constructed in connection with such nonconforming use.
(4) Nonconforming uses of structure. Where a lawful use involving an individual structure or structures in combination exists at the time or enactment or amendment of this chapter, that would not be permitted in the district in which it is located under the requirements of this chapter, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
(a) No structure existing at the time of enactment or amendment of this chapter devoted to a nonconforming use shall be enlarged, extended, moved, or structurally altered, except repairs on or installation of plumbing fixtures required by law or administrative action of the Health Official or the Building Official, or the changing of interior partitions or interior remodeling; or in changing the use of the structure to a conforming use.
(b) A nonconforming use of a structure may be extended to include use of the entire structure, but shall not be extended to include either additional structures or land outside the structure.
(c) When a nonconforming use of a structure or structures and premises in combination is' discontinued or abandoned for two years, except when government action impedes access to the premises; or when a nonconforming use is superseded by a permitted use; the structure and premises shall not thereafter be used except in conformity with the regulations of the district in which it is located. [Amended 11-19-1990]
§ 110-709. Special regulations for townhouses.
A. No more than eight townhouses shall be included in any townhouse grouping. [Amended 7-20-1992]
B. Attached dwellings shall be separated by a noncombustible party wall to the roofline in accordance with designated Building Code requirements.
C. Each townhouse building shall front on a street dedicated to public use. If access is to be provided by means of privately maintained streets, the streets including curbs, gutters, and sidewalks shall be developed according to standards found in Subdivision Street Requirements by the Virginia Department of Transportation by authority of Title 33.1 of the Code of Virginia, 1950, as amended.
D. Any common areas shall be maintained by and be the sole responsibility of the developer-owner of the townhouse development until such time as the developer-owner conveys such common area to a homeowners' association whose members shall be all the individual owners of the townhouses in the townhouse development. Said land shall be conveyed to and be held by said homeowners' association solely for recreational and parking purposes of the owners of the individual townhouse lots in the development. In the event of such conveyance by the developer-owner to a homeowners' association, deed restrictions and covenants shall provide that any assessments and charges for cost of maintenance of such common areas shall constitute a lien upon the individual townhouse lots. The restrictions and covenants shall provide that either a homeowners' association or individual owners shall pay or maintain townhouse exteriors, lawns, refuse removal, taxes, lighting, and drainage. [Amended 12-18-2000]
E. See definition of "townhouse" and definition of "dwelling, single-family attached."
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. On 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 lines.
C. Electric fences on property lines are not permitted in the Town except in agricultural districts. No fence in any residential district shall exceed six feet in height.
D. All fences, other than wire, shall have a finished side facing the adjoining property owner.
§ 110-711. Telecommunications facilities. [Added 12-18-2000]
A. Purpose and intent. The purpose of this section is to establish general guidelines for the siting and/or colocation of telecommunications facilities. The goals of this section are to:
(1) Encourage the location of telecommunications facilities in nonresidential areas and minimize the total number of telecommunications facilities and sites throughout the town;
(2) Encourage strongly the joint use of new and existing telecommunications facilities;
(3) Encourage users of telecommunications facilities to locate them, to the extent possible, in areas where the adverse impact on the Town is minimal;
(4) Encourage users of telecommunications facilities to configure them in a way that minimizes the adverse visual impact of the telecommunications facilities; and
(5) Provide adequate sites for the provision of telecommunications services with minimal negative impact on the resources of the town.
B. Applicability.
(1) Limitations. The requirements set forth in this section shall govern the siting of antennas, telecommunications towers, and telecommunications facilities unless specifically excluded herein.
(2) Amateur radios. This section shall not govern any amateur radio, or its installation, if it is owned and operated by a federally licensed amateur radio station operator and used exclusively for noncommercial purposes.
(3) Television reception antennas. This section shall not govern any television reception antenna or its installation, if it is under 50 feet in height and is used exclusively for noncommercial purposes.
C. Siting requirements. The requirements for siting and construction of all telecommunications facilities regulated by this ordinance shall include the following:
(a) An inventory and contour map of its existing facilities, including specific information about the location, height, coverage and capacity zones, and design of each telecommunications tower and antenna;
(b) A conceptual plan of proposed sitings;
(c) A scaled site plan including topography;
(d) A scaled elevation view and other supporting drawings;
(e) Calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements;
(f) Radio frequency coverage;
(g) Setbacks;
(h) Parking;
(i) Security fencing;
(j) Landscaping;
(k) Adjacent uses;
(1) An engineering report, certifying that the proposed telecommunications tower is compatible for a minimum of three similar users including the primary user;
(m) Information demonstrating that antennas, telecommunications towers, and telecommunications facilities for possible colocator antennas are no higher in elevation than necessary;
(n) Height of the proposed telecommunications tower;
(o) Proximity of the telecommunications tower to residential structures and residential district boundaries;
(p) Nature of the uses on adjacent and nearby properties;
(q) Surrounding topography (at least a four-hundred-foot radius);
(r) Surrounding tree coverage and foliage (at least a four-hundred-foot radius);
(s) Design of the telecommunications facility and telecommunications tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(t) Proposed ingress and egress;
(u) Colocation policy which outlines policy regarding company's willingness to colocate on other company's telecommunications towers and company's willingness to accept other users on its telecommunications towers;
(v) Consistency with the comprehensive plan and the purposes to be served by zoning;
(w) Actual photographs from the site showing adjoining properties and other relevant views and simulated photographic image of the proposed telecommunications tower from the adjoining properties; and
(x) Other information deemed by the town to be necessary to assess compliance with this section.
(2) The following requirements shall pertain to the colocation of an antenna that will be placed on a telecommunications facility or telecommunications tower that was sited under the provisions of this section and will not increase the height of the telecommunications tower:
(a) An inventory and contour map of its existing facilities that are within the town and at least five miles from the town line, including specific information about the location, height, coverage and capacity zones, and design of each telecommunications facility, telecommunications tower and antenna.
(b) A conceptual plan of proposed sitings.
(c) Calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements.
(d) Radio frequency coverage.
(e) Height of telecommunications tower with proposed antennas.
(f) Other information deemed by the town to be necessary to assess compliance with this division.
(3) The Planning and Zoning Department may share such information with other applicants applying for approvals or special use permits under this section or other organizations seeking to locate telecommunications towers within the town; provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
J. Removal of defective or abandoned telecommunications facilities. Any antennas, telecommunications tower, or telecommunications facility found to be defective or unsafe shall be repaired to meet federal, state, and local safety standards or removed within six months at the owner's or operator's expense. Any antenna, telecommunications tower, or telecommunications facility that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of such antenna, telecommunications tower, or telecommunications facility shall remove same within 90 days of receipt of notice from the town notifying the owner of such removal requirement. Removal includes the removal of the antennas, telecommunications towers, and telecommunications facilities, fence footers, underground cables and support buildings. The buildings and foundation may remain with land owner's approval. If there are two or more users of a single telecommunications facility or telecommunications tower, then this provision shall not become effective until all users cease using the antennas and telecommunications tower. If the antenna, telecommunications tower, and telecommunications facility are not removed as herein required, the town may either seek court enforcement of such removal or the town may remove the antenna, telecommunications tower, and telecommunications facility at the expense of the owner or operator of the telecommunications facility as the town, in its sole discretion, determines.
§ 110-712. Yard sales. [Amended 12-18-2000]
A. Definitions. For the purpose of this section, the following words shall have the meanings ascribed to them by this section:
YARD SALE — A sale conducted at the primary personal residence of the vendor or, if a civic organization is the vendor, at any location for the organization, of personal property which has been used generally in the household of the vendor or its members and has not been acquired for resale except by donation. The term shall include, but not necessarily be limited to, garage sales, attic sales, moving sales, porch sales, and lawn sales.
VENDOR — The person or persons conducting the yard sale. Except for civic organizations, which may receive donated sale items from any number of persons, no more than four persons shall combine personal property for a yard sale.
B. No more than three yard sales shall be conducted at any particular location during a calendar year.
C. No yard sale shall continue for longer than 48 hours after its commencement.
ARTICLE VIII
Administration
§ 110-800. Applicability of provisions.
These regulations shall be administered in accordance with the provisions below.
§ 110-801. Zoning Administrator.
A. Appointment. The Zoning Administrator shall be appointed by and shall serve at the pleasure of the Town of Elkton Town Council which shall fix the compensation of the Zoning Administrator.
B. Powers and duties relating to zoning. The Zoning Administrator is authorized and empowered on behalf of and in the name of the Elkton Town Council to administer and enforce the provisions set forth herein, including receiving applications, inspecting premises, and issuing building permits and certificates of occupancy for uses and structures which are in conformance with the provisions of this chapter. The Zoning Administrator shall have all necessary authority on behalf of the Elkton Town Council to administer and enforce this chapter, including ordering, in writing, the remedy for any condition found in violation of this chapter, and the bringing of legal actions, including injunction or abatement, or other appropriate action or proceedings, to ensure compliance with this chapter. The Zoning Administrator does not have the authority to take final action on applications or matters involving variances or on special exceptions, on which final action is reserved to the Board of Zoning Appeals or governing body.
C. Zoning administration process. Figure 1 outlines the administrative process to be followed under various provisions of this chapter.
§ 110-802. Zoning and building permit procedures.
Zoning and building permits shall be issued in accordance with the following provisions and procedures:
A. Issuance and display. The Zoning Administrator shall issue a zoning permit for any permitted use or structural alteration, provided that such proposed use of land or structure, or structural alteration, is in conformance with the provisions set forth herein. The zoning permit shall indicate whether the use is a permitted use, a special exception, or a variance and shall be conspicuously posted and displayed on the premises during the period of construction or reconstruction. The building permit shall be issued by the Rockingham County Building Inspector and shall also be conspicuously posted and displayed on the premises during the period of construction or reconstruction.
B. Application procedure for permitted uses. An application for a zoning permit shall be submitted to the Zoning Administrator according to the following provisions:
(1) An application for a zoning permit for a permitted use shall be accompanied by one copy of an acceptable site plan with such reasonable information shown thereon as shall be required by the Zoning Administrator. Such site plan shall include, as a minimum, the following: lot dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourses; fences; street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.
(2) Each application for a zoning permit, upon, issuance of the permit, shall be accompanied by payment of a fee as set forth in Article X.
(3) The Zoning Administrator shall sign and return one copy of the site plan to the applicant and shall issue a zoning permit, if the proposed use or construction described in the application required by Subsection B(l) above is in conformity with the provisions set forth herein, other appropriate codes, and regulations of the Town of Elkton and the following:
(a) Health Department approval of septic tank system. [Amended 12-18-2000]
(b) Highway Department entrance permit.
(c) Flood insurance (floodplain provisions, § 110-615).
(d) Erosion and Sediment Control Ordinance plan.
The Zoning Administrator shall retain the application and one copy of the site plan for his or her records.
(4) If the application and site plan submitted describes work which does not conform to the requirements set forth herein, the Zoning Administrator shall not issue a zoning permit, but shall return one copy of the site plan to the applicant along with a signed refusal in writing. Such refusal shall state the reasons for refusal and shall cite the portions of this chapter with which the submitted plan does not comply. The Zoning Administrator shall retain one copy of the site plan and one copy of the refusal.
C. Application procedure for special exceptions. An application for a special exception permit for a special exception shall be submitted to the Zoning Administrator, who shall refer the application to the governing body for a public hearing. An application for a special exception permit must be submitted in accordance with the following procedures:
(1) An application shall be accompanied by two copies of an acceptable site plan drawn in accordance with applicable provisions of this § 110-802 of this chapter, with such reasonable information shown thereon as may be required by the Zoning Administrator. Such site plan shall include, as a minimum, the following: the dimensions with property line monuments located thereon; location and size of existing and proposed structures; yard dimensions and the use of structures; easements (private and public); watercourses, fences, street names and street right-of-way lines; and such other information regarding abutting property as directly affects the application.
(2) An application for a special exception permit for a special exception shall be accompanied by payment of a fee as set forth in Article X to help defray the cost of publicizing and conducting the public hearing.
(3) The application shall be sent to the Commission for review and recommendation, and said Commission shall have 60 days within which to submit a report. If the Commission fails to submit a report within a six