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HomeMy WebLinkAbout1/18/2022 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, January 18, 2022 AGENDA Consideration of: A. 6:00 p.m. - JOINT WORK SESSION WITH PLANNING COMMISSION 1. Discussion of the proposed amendments to the Zoning Ordinance – Anita McMillan/Nathan McClung 2. Briefing on the proposed establishment of Outdoor Refreshment Areas (ORAs) in the Town of Vinton – Nathan McClung B. 7:00 P.M. - ROLL CALL AND ESTABLISHMENT OF A QUORUM C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS F. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS G. CONSENT AGENDA 1. Consider approval of minutes of Regular Meeting of January 4, 2022 2. Consider adoption of a Resolution appropriating funds in the amount of $393.30 received for scrap metal to the Public Works budget H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Vinton First Aid Crew Report – Chief Chris Sayre 2. Vinton Historical Society/History Museum Report – Randy Layman I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. J. TOWN ATTORNEY Bradley E. Grose, Mayor Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 K. TOWN MANAGER 1. BRIEFINGS 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution appropriating funds in the amount of $500.00 received from AMVETS to the Vinton War Memorial Operating Supplies Account – Anne Cantrell b. Consider adoption of a Resolution approving an annual payment of $500.00 and authorizing the Town Manager to execute a Parking and Maintenance Contribution Agreement between the Town and Thrasher Memorial United Methodist Church – Town Manager 3. PROJECT UPDATES/COMMENTS L. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES 1. Western Virginia Regional Industrial Facility Authority M. REPORTS FROM COMMITTEES 1. Finance Committee – Anne Cantrell 2. Public Works Committee – Bo Herndon N. COUNCIL O. MAYOR P. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: January 25, 2022 – 5:00-7:30 p.m. – Town of Vinton/Roanoke County/Western Virginia Water Authority Public Information Open House, Vinton War Memorial January 28, 2022 – 1:00-4:00 p.m. – Council Strategic Planning Retreat, Council Chambers February 1, 2022 – 6:00 p.m. – Regular Council Meeting, Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date January 18, 2022 Department Planning and Zoning Issue Briefing on the adoption of the newly revised Zoning Ordinance and the repealing of the existing Zoning Ordinance for the Town of Vinton. Summary In 2018, the Town of Vinton was awarded a technical assistance grant from the Office of Intermodal Planning and Investment (OIPI). The purpose of this grant was to propose revisions to the Town codes (zoning and subdivision) for the UDAs that have been identified in the Town. Relevant topics included adequate water and sewer, connections to the transportation network, and regulations that allow for Traditional Neighborhood Design (TND). Over the past three years, expanding beyond the proposed changes identified during that grant cycle, town staff and the Planning Commission have been in the process of conducting a complete and in- depth revision of zoning ordinance. After extensive deliberative public feedback processes (both virtual and in-person) and legal reviews, town staff find that the current draft of the revised Zoning Ordinance is prepared for a final stage of review by the Commission and Town Council before its proposed adoption. Attachments 1. Factsheets on each major subject area 2. PowerPoint Presentation Recommendations No action required Town Council Agenda Summary 1 Town of Vinton Planning and Zoning Proposed Sign Ordinance Revisions Main Goals of the Revisions: • Amend regulations related to temporary signs to align with changes made by the US Supreme Court ruling in Reed v. Town of Gilbert, and promote a greater balance between effective business marketing and efficient enforcement strategies. • Develop new methods of measuring sign area to facilitate the permitting process, while preserving the major tenets set out in the purpose section of the signage ordinance. • Promote contemporary sign types that allow for proactive business promotion and economic growth, while restricting current and new sign types that affect public safety and welfare. • Develop a user-friendly ordinance with tables, graphics, and organized sections that will facilitate the permitting process both for the applicant and Town staff. Majors changes to highlight: • Expanded definition lists • New exemptions and prohibitions of certain sign types • Temporary Sign Regulations • New measuring methodology • Illuminated Signs • Obsolete sign removal • Efficient organization and the use of graphics • INTRODUCTION TO THE PROPOSED SIGN ORDINA NCE Although almost every section of the current Sign Ordinance has revisions, much of the previous regulations – types of permitted signs, sizes, etc. – were carried forward. However, there were some topical areas for which this approach was not possible due to lack of clarity in the previous provisions, such as those related to temporary signs, or the need to align the regulations with the new legal requirements resulting from the Reed decision. For this reason, the proposed Sign Ordinance amendment does include new regulations in these areas. 2 PURPOSE, APPLICABILI TY, AND DEFINITIONS PURPOSE Addition: (9) These regulations are not intended to and do not restrict, limit or control the content of any sign message. Justification: The primary results of the recent U.S. Supreme Court ruling in the Reed case are that local sign regulations must be content-neutral and that a sign code will be subject to “strict scrutiny” judicial review if it applies different standards based on a sign’s content, purpose, or who installs the sign. Given these changes, it is important to keep this overarching goal at the forefront of the Town’s main purposes in regulating signage. DEFINITIONS Additions and Revisions: Numerous new definitions of a sign, the various types of signs, and factors to be included in the method of measuring the area of signs. Justification: Numerous definitions were added for the first time to further define both current and new sign types. Also, the actual methodology of measuring the area of signs was moved to its own individual section to improve the ordinance’s navigability and provide greater details on the different forms of measurement. Definitions were also added to assist in clarifying the specific types of signs that are either exempted or prohibited by the sign ordinance. EXEMPTED SIGNS, DISPLAYS AND DEVICES Additions to the exempted sign list include: • On-premises Direction signs o Justification: The main purpose of these signs are more for functionality than advertising. Given this, the recommendations allow for these signs to be installed without a sign permit as long as they follow the stated regulations. The definition section above also allows for the name of the establishment or its commercial logo to be added to the sign face in addition to directional language. o Signs of this type will still have to adhere to the following regulations:  “On-premises directional signs not exceeding four (4) square feet in sign area, and four (4) feet in height for freestanding directional signs. Directional signs shall be located at least three (3) feet from a street line or other property line, with no more than one (1) sign per one-way curb cut and two (2) directional signs per two-way curb cut.” 3 On-premises Direction Sign Example • Routine sign maintenance and the substitution of messages or parts of the signs designed to be regularly changed. o Justification: The addition of this provision falls in line with ensuring that these regulations are content-neutral and for long-term maintenance to proceed without disruptions. • Uniform road signage (Manual of Uniform Traffic Control Devices (MUTCD)) o Justification: These signs are necessary and required for traffic control during roadwork, utility work, etc. • Wall graphics o Justification: Murals and artwork fall into the realm of freedom of speech and expression. Many localities across the nation are using murals and art installations to attract greater commercial and social activity to their downtown areas. • Window Covers o Justification: This provision needed to be included due to the presiding rule that a sign display area may not exceed 25% of the area of the total window and glass door area. This recognizes the need for the interior of buildings that are vacant or being developed to be shielded from public view for a temporary period of time. • “Open” and “Closed” Signs 4 o Justification: This provision allows organizations and businesses to use “open” or “closed” signs up to four (4) square feet in size that can be either illuminated or non-illuminated. • Flags o Justification: Flags have always been an exempted category, however these new provisions assign a maximum number of flags per lot and restrict the height of a flagpole depending on its zoning district. These provisions remain content-neutral while ensuring that a situation isn’t created which could distract, confuse, mislead, obstruct vision or create traffic hazards or other hazards to the community. o Proposed regulations (included in a section outside the Article on sign regulations):  Flags, no more than three (3) per lot.  On a lot developed with a single-family dwelling or two-family dwelling, the height of a flagpole is limited to 30 feet. On a lot developed with a principal use other than a single-family dwelling or two-family dwelling, the height of a flagpole is limited to 60 feet.  Flagpoles, whether freestanding or attached to another structure, shall be located no closer than five feet from any front lot line or street line and are subject to the side and rear setback regulations for accessory structures.  The Town Council may approve an increase in flagpole height in accordance with special use permit process. GRAND OPENING EXEMPTION: ANIMATED SIGNS New addition to the exempted sign type list for grand opening events: • Animated signs are prohibited based on the current and proposed zoning ordinance. • Proposed to allow the following: o “Pennants, streamers, balloons, or other air or gas-filled devices (including one (1) inflatable sign) shall be permitted only for promotion of a new business within the RB, CB, GB, M-1, or M-2 districts, and shall be removed within 14 days after the opening of such business. o For an inflatable sign allowed during this time period, such sign shall be located within 15 feet of a building or designated site entrance that provides access to the use and in no case shall they be located within 15 feet of a street line or property line. PROHIBITED SIGNS New additions to the prohibited sign list includes: • Portable sign, as defined: o Any sign designed and intended to be transported or movable. Such signs are not attached to a building or anchored within the ground and are capable of being moved easily from one location to another on its own chassis or by other means. 5 Portable signs may not be illuminated or include audio equipment. No portable sign may be converted to a permanent sign. o Examples of common features include, but not limited to:  Signs with wheels or with wheels removed.  Signs with chassis or support constructed without wheels.  Signs designed to be transported by trailer, wheels or motorized vehicle.  Signs mounted on a motor vehicle for advertising purposes parked off the public right-of-way, except when the motor vehicle is being used in the normal, routine operations of the business. o A-frame signs and freestanding temporary signs are not included in this category of prohibition. o Justification: Portable signs, as described above, have been shown to be more distracting and hazardous to pedestrian and traffic safety, and are incompatible with the surrounding commercial uses and graphic utilized in the Town of Vinton. Of the nine (9) statements of purpose for these regulations, portable signs directly conflict with five (5) of them. The design and build of these signs are typically of lower quality, which is not cohesive with the current stock of high quality businesses in the town. Continued use of these signs will degrade property values overtime and not emphasize the assets of community appearance and high environmental quality in promoting businesses, industry, and economic development. Example of A-Frame Sign Example of a Freestanding Temporary Sign 6 Examples of Portable Signs • Signs on vacant lots (except for lots that are for sale or lease) o Justification: Placing a sign conflicts with the very definition of sign in the ordinance. Vacant lots should have no product, activity, service, of business to promote and off-premises signs are prohibited in the town, so there is no purpose for signs on such properties. • Mannequin signs o Justification: Traffic and pedestrian safety hazard that have the same issues that arise with portable signs, mentioned above. TEMPORARY SIGNS NON -RESIDENTIAL TEMPORARY SIGN RE GULATIONS Current regulations and procedure: • All temporary signs require a sign permit from the Planning & Zoning office. • No sign shall be displayed for a period exceeding 21 days, nor shall the sign be displayed on the lot more frequently than six (6) times per year. Customers must get a new permit each time they are going to display a sign at the end of the 21 day cycle. • The maximum square footage is based on the building frontage. • The current language does not include a variety of sign types. Proposed regulations and procedure • Temporary signs do not require a sign permit as long as they meet the regulations in the ordinance section. • No time limit on the signage as long as the regulations are being complied with by the property owner, business owner, or agent. • Provisions are specific to certain activities, use types, and sign types. • Active enforcement is required to ensure businesses are meeting the regulations. • A-frame signs and window signs that meet the regulations are not included in the square footage allowance for each property. 7 Effective Business Promotion Efficient Code Enforcement Proposed maximum square footage and number: • For non-residential uses located on a lot with frontage on a public right-of-way, building- mounted and freestanding temporary signs are allowed, not to exceed 24 square feet in total sign area per lot. If freestanding, no more than 2 such signs are allowed per lot with a maximum height of 4 feet (except for feather signs). Justification: The current trend for many localities in the realm of sign regulations is to develop an appropriate balance of effective business promotion and code enforcement. With temporary signs being and continuing to be an effective form of advertising for many businesses, localities must strive to permit this activity in a safe, effective, and transparent format. The current temporary sign permitting process does not allow for either effective business promotion or efficient code enforcement. By giving businesses a clear set of guidelines governing the rules regarding temporary signs, it will allow them to develop a marketing strategy that involves temporary signs on an annual basis. The maximum square footage, maximum number, and sign types will give them plenty of room to work with, while keeping the commercial corridors safe for travelers and aesthetically pleasing. This will foster greater economic growth and define the image of Vinton for both residents and visitors. Also, having a maximum of two (2) freestanding signs allowed per lot will allow for illegal bandit or snipe signs to be more easily enforced. This will allow for our licensed and legitimate businesses in the Town to not have to compete for advertising “space” for companies that do not follow the sign regulations. Example of what a business (or other non-residential establishment) owner could have on their property at one time and remain complaint: Total: 24 sq. ft. 8 TEMPORARY SIGNS ON A LOT DEVELOPED WITH A RESIDENTIAL USE Proposed Regulations: • Temporary signs on any lot developed with a residential use cannot exceed 12 square feet in total area and a height of 4 feet. o Signs do not promote commercial products or services. o Signs that do not comply with the requirements of this section shall be subject to the permit requirements, sign area, setback and other provisions of this chapter. All signs shall comply with general sign regulations per Sec. 6-45. • Justification: These provisions allow the Town to make the necessary revisions to comply with the changes to nationwide sign regulations caused by the recent Supreme Court ruling. The square footage requirements and height requirements promotes governmental interests related to public health and safety, while allowing residents to express their views and beliefs through this medium. SIGN MEASUREMENT RULES Current methodology for defining sign area: • “The area of the smallest individual rectangle, triangle or circle or combination of not more than two contiguous rectangles, triangles or circles which will encompass all elements of the sign which form an integral part of the display, including background, borders and structural trim.” Proposed methodology for defining sign area: • “Sign area is the area within a single continuous rectilinear perimeter of not more than eight (8) straight lines intersecting at right angles, which encloses the outer limits of all words, representations, symbols, and/or pictorial elements, together with all material, color and/or lighting forming an integral part of the display or used to differentiate the sign form the background against which it placed.” Example of Measuring Process Justification: The transition from measuring signs with simple geometric shapes to a single continuous rectilinear perimeter will give contractors and businesses greater flexibility in designing their signage by having a precise means of determining square footage. The precision of measuring will 9 also ensure that businesses and other organizations are able to maximize their square footage allowances based on their zoning district. The change will also allow the permitting process to be facilitated as permit applicants are given more precise parameters to work within when irregular shapes and logos are included in their sign designs and artwork. The new methodology will benefit both staff and applicants through its straightforward and versatile processes. WINDOW SIGN REGULATIONS Proposed revisions: • For non-residential uses where permitted, window and glass door signs are permitted as follows: o The total sign display area at a given establishment, including both permanent and temporary window signs, does not cover more than 25 percent of the total window and glass door area on the lot. o Temporary window and glass door signs are not included in the total permanent sign area calculation. o Window signs are prohibited on a floor above the first floor of a building unless the business advertised is only on the floor where the window sign is displayed. NEW PROPOSED SIGN TYPE: ROOFTOP SCREENING WA LL SIGNS • Intent. Allow for signs to be mounted onto rooftop screening walls of establishments in the CB Central Business District in a way that does not distract, confuse, mislead, obstruct vision or create traffic hazards or other hazards to the community. • Applicability. This sign type shall only be allowed in the CB Central Business District. They shall be permitted by right as long as they meet the following general standards: o Only one (1) rooftop screening wall sign shall be allowed per lot; o Such sign shall be counted towards the maximum sign allotment allowed for the applicable use or premises; o The sign must be mounted flat against the wall, and no part of the sign can extend above or beyond the perimeter of the wall; o The sign cannot be installed more than eight (8) feet above the building roof supporting the screening wall measured from the top of the sign; o Such sign shall not be illuminated through any means. ILLUMINAT ED SIGNS Additions: • No receptacle or device housing a permitted light source which is attached to the sign itself shall protrude more than 15 inches from the face of the sign or building to which it is attached (no more than 60 inches for outdoor advertising signs). If ground lighting is used to illuminate a sign, the receptacle or device should not protrude more than 12 inches. • In no event shall the illumination of any sign resulting from any internal or external artificial light source exceed 100 lumens 10 o Justification: These distances and maximum lumen amount promote public safety and reduce light pollution by ensuring that signs are not illuminated in a way that residual glares go onto an adjoining piece of property or right of way. With the recent changes to the noise ordinance, the possibility of nuisances caused by light are equally as important to regulate. NONCONFONFORMING SIG NS Critical word change: “any casualty” • “Restoration or removal of damaged signs. Any nonconforming sign damaged to the extent that it represents a public hazard as determined by the building official or zoning administrator, or any nonconforming sign damaged by any casualty to an extent exceeding 50 percent of its replacement cost, shall be removed or made to conform to the provisions of this article. In the case of damage of 50 percent or less of the replacement cost of a nonconforming sign damaged by any casualty, such sign may be restored as before the damage, if such restoration is completed within six months of the damage.” o Justification: The current verbiage is restricted to unlikely events that would not allow for most reasonable circumstances in which the sign would be damaged in such a way as to lose its nonconforming status. OBSOLETE SIGNS . Additions: • The proposed adds a defined period of time for a use or an activity to be considered truly vacant or obsolete: two (2) years. o Justification: The procedure for painting out or removing sign faces for uses or activities that no longer exist on a property are preserved, but an actual time limit on what constitutes “cessation” will allow the Town to enforce this provision more effectively. ORGANI ZATION AND GRAPHICAL REPRESENTATIONS The entire sign ordinance will be reorganized in order to have the section ordered in such a way that promote efficiency based on the user. A few sections were added or changed during the revision process based on new rules and regulations. The revised sign ordinance will include graphics and pictures for the public and applicants to utilize when reviewing these provisions. Having visual aids will assist all parties involved in the sign permitting process in determining the means of measuring sign height, sign area, and distinguishing various sign types. Examples are included below: 11 Example of Sign Height Measurement Example of Maximum Temporary Sign Allotment for a Non-Residential Use 1 Town of Vinton Planning and Zoning Accessory Dwelling Unit Regulations INTRODUCTIO N TO ACCESSORY DWELLING U NITS Accessory Dwelling Units (ADUs) are independent housing units created within single-family homes or on their lots. The names ascribed to these units come in different forms and have popularly been called mother-in-law suites, accessory apartments, garden cottages, granny flats, and over a dozen other names.1 In addition to the variability of their names, these units located on the same lot as the principal single-family dwelling may take the form of an dwelling unit over a garage, a tiny house (on a foundation) in the rear yard, or a basement dwelling unit. Appendix 1 includes images that give reputable examples for each of these categories. The potential benefits of ADUs includes giving elderly populations the capability to age-in-place, potential secondary income resources for homeowners, and long-term cost savings for public utilities through limiting greater suburban sprawl. This report will cover various land use regulations and development standards to research when developing a local ADU ordinance that is tailored to meet the needs specific to our community. ZONING DISTRICTS AND PERMITTED USAGE The consultant’s recommendation of allowing ADUs in the R-2 district was qualified with a number of benefits including supporting downtown businesses through new development potential, and the process of allowing additional income through rent to expand the range of housing types available in town. However, during the final UDA meeting in December 2018, various questions were raised as to why these units would not be allowed in other residential zoning districts as well. A minimal provision of a majority of zoning ordinances includes ADUs being allowed to exist in zoning districts designed primarily to permit single-family dwellings on individual lots. Under the zoning heading of the comparative diagram in Appendix 2, it is shown that most localities allow ADUs in multiple residential zoning districts where single-family dwellings are permitted by-right. The consultant’s recommendation also poses the questions concerning whether or not these ADUs should be allowed by-right or through the special use permitting process. For example, the City of Roanoke requires a special exception for ADUs to exist in most of their residential zoning districts which is authorized by the Board of Zoning Appeals. If these units are not allowed by-right, then the Planning Commission will need to consider the time and resources required to accommodate for the proposal of these developments, and determine which type of special use and/or permit process to be utilized. 1 https://accessorydwellings.org/what-adus-are-and-why-people-build-them/ 2 STAFF RECOMMENDATION • Staff recommends that ADUs should be permitted by-right as an accessory use to detached single-family dwelling. o The residential zoning districts where this use type would be permitted include R- LD, R-1, R-2, R-3, and R-B. • Justification: An accessory dwelling unit is classified as an accessory use to a detached single family dwelling and the minimum lot dimensions are equal to or greater across the zoning districts that allow this principal use. Based on this research, Town staff recommend permitting this use based primarily on the use classification rather than on the zoning district. Given that the property owner will have to meet all the zoning and building code requirements to proceed with this project, the special use permit process will add burdensome steps to this process that will not be necessary. However, the Planning Commission will decide whether or not to recommend a special use permit or not for these types of uses. Also, other localities have been shown to allow ADUs in commercial districts as well. The major reason for the difference between the Town’s ordinance revisions and others is based on semantics. The Town has, and intends to continue, to allow apartments in a mixed-use format in specific commercial districts but we differentiate between these “apartments” and ADUs. OWNER OCCUPANCY REQUIREMENTS AND RENTABILITY The first regulation to investigate when developing an ordinance for an ADU is whether or not the property owner will need to reside on the premises for the entirety or only a portion of the calendar year. Potential benefits of requiring owner to occupy the property at all times is that it incentivizes greater maintenance standards and corrects behavior patterns that could be detrimental to a neighborhood. Town staff recommends that owner occupancy be required in order for an ADU to exist on a property. Beyond owner occupancy, an important aspect that the Town will need to decide is whether these ADUs will be able to be rented out or not. This decision will be grounded in structuring the main purposes of these units as either family-based ventures that promote aging-in-place or a secondary means of income for property owners. Other options that promote a combination of various factors from each of these core groups could exist, but the means of enforcement and permitting become complex and arduous. RENTABILITY • The property owner shall reside on-site, either in the principal dwelling or in the ADU, during times that the unit is available for rent. • The owner must reside on the premises, in either the principal dwelling or the accessory dwelling unit, for at least nine (9) calendar months cumulatively in a calendar year. If an owner will be in residence less than nine (9) months in any calendar year, then the Planning 3 and Zoning Department must be informed and the owner will not be permitted to rent the accessory dwelling unit during that year. OFF-STREET PARKING R EQUIREMENTS With more individuals living on a property, it is inevitable that more parking will be required to accommodate for these new occupants. Most localities that allow ADUs only require one (1) additional parking space, especially if the same requirement exists for the principal dwelling unit. Requiring one (1) additional unobstructed parking space is also important in relation to public safety by allowing for a safe form of vehicular egress. It also limits congestion by reducing the number of vehicles utilizing on-street parking in a specific neighborhood. STAFF RECOMMENDATION • One (1) additional unobstructed parking space shall be required for the accessory dwelling unit. ACCESSORY DWELLING U SE SIZE REQUIREMENTS The two measurements related to the overall size requirements of an ADU include both minimum and maximum square footage. The overall square footage can also be restricted in the form of a percentage of the gross floor area of the principal dwelling. In 2000, the Public Policy Institute research group of AARP surveyed over 1,600 planning agencies and consultants to develop a model ordinance and standards for ADUs. In their report, they found that a common minimum size requirement for an ADU is 300 square feet; a frequent maximum on number of bedrooms is two (2); and the maximum size is in the range of 600 to 1,200 square feet, with 800 square feet occurring most often as a maximum size.2 A good knowledge of the locality’s housing stock will allow for the development of minimum and maximum standards that are reasonable for providing adequate living standards while preserving the character of a neighborhood. STAFF RECOMMENDATION • Staff does not recommend a restriction on the number of bedrooms. o Evidence shows that many localities do not restrict the number of bedrooms in an ADU. Utilizing square footage restrictions allow for greater flexibility across different ADU types and building code requirements concerning what can be a sleeping/dwelling area will remain in place for these structures or spaces. • The minimum floor area of the ADU shall be three hundred (300) square feet. o Justification: When analyzing requirements of other localities in our region and surrounding regions, these maximums and minimums were found to be a recurring average. The minimum standard promotes safety and livability, while the maximum preserves the character of the neighborhood and the primary use of the single family residence. 2 https://www.aarp.org/livable-communities/housing/info-2015/accessory-dwelling-units-model-ordinance.html 4 • Maximum floor area will be determined based on the type of ADU and the existing conditions of the property (if applicable): o Measurement procedures. For the purpose of determining the size of an accessory dwelling unit, regardless of the definition in Article XI, gross floor area includes the area of any basement or cellar having a structural headroom of seven feet or more, but does not include a garage. o For attached or internal ADUs, the floor area of the ADU shall not exceed the lesser of eight hundred (800) square feet or forty (40) percent of the finished floor area of a principal residential use to which it is associated, or  The entirety of the basement or cellar may be used, up to the size of the basement or cellar as of the date of the adoption of this ordinance. Minimum floor area requirement still applicable. o For detached ADUs in separate freestanding structures, the floor area of the ADU shall not exceed the lesser of six hundred (600) square feet or forty (40) percent of the finished floor area of a principal residential use to which it is associated, or  The entirety of the second floor of an existing freestanding nondwelling accessory structure, up to the size of the second floor area as of the date of the adoption of this ordinance. Minimum floor area requirement still applicable. GENERAL AND DEVELOPM ENT STANDARDS The following recommended general and developmental standards are included with the main purpose of ensuring that ADUs remain accessory to the principal use of the property as a single- family residence and preserve the major characteristics that define neighborhoods in the Town of Vinton. RECOMMENDED GENERAL STANDARDS • An accessory dwelling unit (ADU) shall be accessory only to a single-family detached dwelling, and shall be located on a lot that complies with the minimum area, dimensional, and lot coverage standards of the zoning district in which it is located; • Only one (1) ADU shall be allowed on any one (1) lot or parcel; • Lots that are non-conforming with regard to minimum lot size are eligible for an accessory apartment provided that no additions or changes to the footprint of the existing structure occur. No freestanding structures can be used in the case of this non-conformity; • An ADU shall have the same street address and mailbox as the principal single-family detached dwelling; • Not be subdivided or otherwise segregated in ownership from the principal single-family detached dwelling. • No commencement of use of an ADU shall occur until the property owner has an approved zoning permit from the Town of Vinton and any building permits have been issued for construction related to the accessory dwelling unit and the work completed and approved by the Roanoke County Office of Building Safety. 5 RECOMMENDED DEVELOPM ENT STANDARDS • Detached accessory dwelling unit are those which are not attached to the primary residence. o Front and secondary front yard setback requirements are the same as the primary dwelling unit; and the rear and side setbacks, and separation from other structures are five feet minimum. An ADU is not allowed in front of the primary dwelling unit. o A detached accessory dwelling unit may be located over a garage, workshop, studio or similar structure or built as a free standing cottage. o First floor areas may be used as garages, limited access and limited storage; • All façades of an attached accessory dwelling shall have similar materials and architectural treatment that are balanced with the main building design and exterior elevation. • Exterior entrances to an accessory dwelling unit in a principal structure shall be located so as to appear as a single family dwelling. The accessory dwelling unit entrance shall be located on the side or in the rear of the single family residence. • One (1) additional unobstructed parking space shall be required for the accessory dwelling unit. • An accessory building in which the accessory dwelling unit is located shall not be separately metered for utilities (water, sanitary sewer, gas, electric, etc.) from the principal single-family detached dwelling; • Use the same driveway as the principal dwelling, unless it is accessed from a right-of-way not used by the principal use (e.g., a rear alley or separate street access on a corner or through-lot). CONCLUSION By 2035, older individuals are projected to outnumber children for the first time in U.S. history.3 Given this statistic and the rising costs of retirement communities and assisted-living facilities, the concept of aging-in-place is becoming a more popular and cost effective option for many of our nation’s elderly populations. In addition to the factor of age, there are countless reasons why families may want to reside on the same property including economic situations, cultural elements, physical and mental disabilities, etc. ADU ordinances differ when it comes to these provisions with some requiring the occupant of the ADU be a family member or caregiver and others having limited or no restrictions in this area Accessory dwelling units will continue to become popularized in communities across the nation given the aging population and the financial constraints individuals and families are facing. Many factors surround the zoning and development standards necessary for ADUs which can be tweaked and tailored to meet the unique needs of a community. For example, the increasing rates renter- occupied units within the Town of Vinton may require restrictions that disallow for this alternative 3 https://www.census.gov/newsroom/press-releases/2018/cb18-41-population-projections.html 6 form of leasing. However, it may also incentivize new ranges of housing types located within the town and reduce the long-term demands of public water and sewer infrastructure projects. 7 APPENDIX 1 ADU Over the Garage Detached Small House in Backyard 8 ADU in Basement Photo Credits: Image #1 and #3: accessorydwellings.org Image #2: cityofestacada.org 9 APPENDIX 2 Accessory Dwelling Unit Research Comparative Diagram Locality Occupancy Parking ADU Size Required Familial Restrictions Zoning Special Use Permit? Ability to Rent? Blacksburg Y N 800 square feet maximum N detached single-N homestay Christiansburg Y Y None member or caregiver Districts allowing detached single- family residences N N Roanoke County Y Y 50% of finished floor area of principal dwelling. Minimum of N Districts allowing detached single- family residences, and C-1 and C-2 Y, only if the lot standards cannot be met. Y City of Roanoke N N 80% of the gross floor N detached single-Y, except in RM- 2 Y City of Salem Y N percent of the floor area of the principal dwelling. Not less than 300 square feet or more than 1,000 square feet of floor Y, family member of caregiver only Districts allowing detached single- family residences N N 1 Town of Vinton Planning and Zoning Proposed Homestay Regulations INTRODUCTIO N TO HOMESTAYS The use of short-term rental units (or homestays) is continuing to grow across the United States and the world as individuals seek alternative options of lodging when traveling and vacationing. The main draw of these lodging opportunities includes their affordability, uniqueness, locations, and convenience. Unlike the typical hotel or bed and breakfast, these rental units are housed within the homes, accessory dwelling units, etc. of individuals who can utilize these spaces for secondary means of income. Despite the mass appeal of these online platforms and the convenience they bring to guests and hosts alike, local governments must provide standards and regulations in order to promote equity among businesses, protect public health and safety, and effectively provide enforcement to preserve the residential character of their neighborhoods. As shown in Appendix 1 of this memorandum, the homestay ordinances from various localities differ in many ways as they seek to tailor these regulations to match the demands and needs of their respective jurisdiction. REGISTRATION REQUIREMENTS First and foremost, the capability and level of enforcement is a major function that a locality should analyze for issuing any form of restriction within their ordinance. Some localities have an annual registration requirement with the dual purpose of verifying the applicant’s credentials to have this use and collect information for tax purposes. The registration process ensures that the dwelling unit is located on the property that is the principal residence of the property owner. It also allows localities to track the collection of a transient lodging tax from these property owners through various physical and/or digital means. The lodging tax promotes fairness within this specific industry by requiring these entities to not be exempted from the taxes that bed and breakfast establishments, hotels, motels, etc. have to pay regularly in their operations. RECOMMENDED REGISTRA TION REQUIREMENTS • No host occupant shall operate a homestay or advertise a residential property for homestay use without first registering and obtaining a permit for homestay with the town. • The host occupant shall register with the department of finance to collect and remit the town's transient lodging tax and other applicable fees and taxes as set forth in chapter 86, taxation. • The registration shall be valid from January 1st (or from whatever date the registration first occurs) through December 31st of the calendar year, and shall be renewed annually. 2 USE REGULATIONS The use regulations attached to these homestays serve the purpose of ensuring that the residential character of neighborhoods are preserved and the original intentions of these business ventures as short-term rentals are upheld. RECOMMENDED USE REGU LATIONS • The dwelling shall be the principal residence of the host occupant. o Justification: Some localities in the Commonwealth restrict the total number of rental days in a calendar year due to their proximity to major entertainment venues, collegiate institutions, etc. Although there are minimum and maximum day limits placed on individual stays, staff do not find it practical to place a maximum number on total number of rental days in a calendar year. o Definition of principal residence: “Principal residence means a person's principal home and domicile. If a person maintains more than one residence, their principal residence, for the purpose of this Appendix, shall be the residence where they live for more than half of the calendar year. However, if (1) the person owns another dwelling unit that is not licensed for long term rental; (2) the person's spouse or domestic partner has a different principal residence; (3) the person's driver's license, voter registration or any dependent's school registration shows a different residence address; or (4) the Roanoke County Assessor lists a mailing address from the dwelling unit address, it shall be presumed that the dwelling unit in question is not a principal residence. Provided, however, no presumption shall apply in any criminal proceeding.” • Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed fourteen (14) days. The minimum contract rental period for the guest party shall be 24 hours. o Justification: Maintains the original purpose of these stays being short term and does not allow a landlord-tenant relationship to be created. • The maximum number of adult guests in a homestay unit is limited to six (6) and no more than five (5) sleeping rooms can be utilized during any one stay. • The principal guest of a homestay unit shall be at least eighteen (18) years of age. • The name and telephone number of the host or the host's designee shall be conspicuously posted within the homestay unit. The host shall answer calls twenty-four (24) hours a day, seven (7) days a week for the duration of each short term rental to address any problems associated with the homestay unit. o Justification: Use regulations can also include limitations on the number of occupants per visit and factors related to communication and accountability. Accountability is of the utmost importance when contriving these regulations, as it ensures that both hosts and guests are held responsible for the actions and potential nuisances that occur on the property. In light of this, some jurisdictions have an age limit and require the hosts to be available to address complaints and concerns of the guest and/or locality on a 24/7 basis. The occupancy restrictions of these 3 benchmarked localities range from 4 to 8 guests, which also addresses safety concerns related to variable fire risks. • The garbage and recycling collection schedule and guidelines shall be posted in a prominent location inside the dwelling. • No recreational vehicles, buses, watercraft, personal utility trailers, or recreational equipment trailers shall be parked on the adjoining street or on the property in conjunction with the homestay use. • No outdoor signs in conjunction with the homestay shall be displayed on the property o Justification: The regulation that most jurisdictions share includes the prohibition of signage advertising the homestay unit on the property. This regulation coincides with the current signage ordinance revisions. SAFETY REGULATIONS Although these dwelling units serve a purpose of lodging, not all residential properties are set up in a way that promotes safety and welfare. In comparison to hotel establishments, these dwelling units will pale in comparison to the building and fire code restrictions they must follow. However, these regulations ensure a level of safety precautions and set the precedent for the protection of life and property. Potential safety measures include requiring for an appropriate means of ingress/egress in a unit, working smoke and carbon monoxide detectors, fire extinguishers in the kitchen, and more devices that help save lives in times of emergency. RECOMMENDED SAFETY R EGULATIO NS • There shall be a working fire extinguisher located in the kitchen. • The unit shall have smoke alarms and carbon monoxide detectors meeting current Underwriters Laboratory standards installed as follows: o In all sleeping areas. o In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. o In each story within the sleeping unit, including basements. • Any sleeping area must have one (1) other adequate method of egress beyond the entrance point. • As part of the registration process, the host shall certify that the homestay unit meets the requirements of this section. The registration forms shall also provide that, as part of the registration, the host is agreeing to permit inspections of the home (at reasonable times and after notice has been provided) to address complaints. The failure to permit such an inspection is grounds for registration suspension. REGISTRATION SUSPENSION AND CANCELLATION The final section of a homestay ordinance is necessary for all regulations, which includes the level and mechanism for penalties to be imposed on property owners who are noncompliant with these provisions. 4 RECOMMENDED PROVISIO NS FOR SUSPENSION • A registration may be suspended or cancelled for the following reasons: o Failure to collect and/or remit the transient occupancy tax. o Three or more substantiated complaints within a 12-month period for violations of the Vinton Town Code or the use regulations and safety regulations outlined in this section. o The failure of any homestay host to maintain his or her principal place of residence or domicile at the dwelling unit used as a limited residential lodging. • Before any suspension or cancellation can be effective, a duly designated officer of the town shall give written notice to the homestay host. The notice of suspension or cancellation issued under the provisions of this chapter shall contain: o A description of the violations constituting the basis of the suspension or cancellation; o If applicable, a statement of acts necessary to correct the violation; and o A statement that if no request for a hearing is made within ten (10) days from the date of the notice, the registration will be suspended or cancelled; • The notice shall be given to the host by delivering a copy of the notice in person. If the host cannot be found, such notice shall be sent by: o Certified mail or e-mail to the addresses in the registration form; and o A copy of the notice shall be posted in a conspicuous place on the premises. • If requested, a hearing shall be held before the town manager or the town manager's designee. It is the burden of the host to demonstrate, by a preponderance of the evidence, why the suspension or cancellation should not go into effect. The decision of the town manager or designee may be appealed to the town council. • It shall be unlawful to operate a homestay without registering as required by this article, after a registration has been suspended or cancelled or in violation of any other requirement of this article; the penalty shall be a fine of one thousand dollars ($1,000.00) per occurrence. CONCLUSION Homestay dwelling units will continue to be utilized by individuals across the country as it grows in popularity and demand. Localities must be proactive in preparing a section of their ordinances that addresses all the concerns and issues that may arise from these operations. If a locality has an existing homestay ordinance and tax collection system that can be enforced and operated, they will have the legal, operational, and political ability to effectively manage these new enterprises. 5 APPENDIX 1 DEFINITIONS Blacksburg, VA: Homestay means the accessory or secondary use of a residential dwelling unit or a portion thereof by a host to provide room or space that is intended for short term transient rental purposes in exchange for a charge for the occupancy. The primary use of the homestay unit shall remain residential. For each booking transaction, all applicable taxes must be collected and remitted to the town as required by chapter 22 by either the host or the associated hosting platform. Such accessory or secondary use shall not create a landlord/tenant relationship. Christiansburg, VA: Homestay means an accessory use to a dwelling where the host occupant offers their primary residence or a portion thereof to a guest party for short-term occupancy for compensation in accordance with Sec. 42-664. Roanoke City, VA: Homestay: An establishment that offers for compensation a portion of any dwelling unit for overnight stays to guests, and not meeting the definition of a bed and breakfast. IMPORTANT FACTORS DI AGRAM Regulations Blacksburg Christiansburg Roanoke City Registration Requirements Registration with the locality each calendar year. X X Collection of transient lodging tax X X X Primary residence of the property owner X X X Use Regulations Limitations on the total number of rental days in a year X No signs advertising the homestay unit on property X X X Exterior changes to the building must maintain the character of the building X Restriction on additional services (food/beverage) provided by host X Use of accessory structures for living accommodations 6 X X X No recreational vehicle, buses, or trailers parking in conjunction with use X X Prominent posting of garbage guidelines for guests X X Owner or leaseholder must occupy dwelling unit during stays X Contact information of host posted with 24/7 availability required X Each stay shall not exceed fourteen (14) days X The principal guest must be at least eighteen (18) years of age X No more than two (2) bedrooms for guests X Occupancy restrictions include: 6 adults 4 total guests 1 Town of Vinton Planning and Zoning Proposed Off-Street Parking Revisions RECOMMENDED REVISION S The section of the ordinance that deals with Off-Street Parking should be selectively revised to modernize and update the parking standards. Outdated ways of calculating parking by number of employees or number of seats, for example, should be replaced by more universal parking requirements by square footage. These standards will be modified in the existing chart that distinguishes various use types. In addition, a maximum parking standard will be added for most non-residential uses. JUSTIFICATION OF CHA NGES Many localities around the country are modernizing their parking standards to be more in line with current parking needs. In particular, more and more localities are bringing their standards in line with those recommended in the Institute of Transportation Engineers' Parking Generation Manual, as well as other national standards and recent standards adopted by other local governments. These standards show reductions in standards for many types of uses, which were formerly based on suburban models which quite often had excess parking capacity. In addition, capping excess parking at a maximum of 150% of the minimum parking requirement allows for right-sized parking lots and precludes large expanses of unused parking that aggravate stormwater runoff issues and are unsightly when viewed from the street. Many of these more modern parking standards also follow basic principles of Traditional Neighborhood Design (TND) by making for more compact, walkable and attractive communities. MAXIMUM MOTOR VEHICLE PARKING Additional Section: • In order to minimize the adverse impacts caused by improving large areas with impervious surfaces, including increased stormwater run-off, urban heat island effects, and nonpoint source pollution, the total number of motor vehicle parking spaces serving a use identified in the parking requirements table as requiring this maximum shall not exceed 150 percent of the minimum parking standards shown in that same table, unless either of the following apply: o Any spaces in excess of 150 percent of the minimum number required are located in a structured parking facility; or o A landscape plan that provides additional pervious landscape surfaces and increases stormwater filtration has been reviewed and approved by the Zoning Administrator. 2 Example of Proposed Changes Medical or dental clinic 5 per doctor, plus 1 per employee 1 per 250 sq. ft. Church, other place of worship 1 per 4 seats in main auditorium 1 per 50 sq. ft. of assembly area Restaurants 1 per 100 sq. ft. floor area enclosed assembly Y bedrooms dwelling N OPTION: REDUCTION FO R ON -STREET PARKING Proposed additional provision for the option to reduce the total number of required off-street parking spaces: • The total number of required off-street parking spaces for a non-residential use as set forth in schedule of parking requirements may be reduced by one (1) space for every twenty (20) feet of lot frontage on a street to the extent that on-street is permitted along the same frontage. The Vinton Public Works Department shall determine if on-street parking is permitted along the said frontage used for this reduction. OPT ION: REDUCTION FOR PROXIMITY TO PUBLIC T RANSIT Proposed additional provision for the option to reduce the total number of required off-street parking spaces: • Where a use is located within one thousand two hundred (1,200) feet of a public transit route, the total number of required off-street parking spaces, unassigned to specific persons, may be reduced to eighty (80) percent of that otherwise required as set forth in the schedule of parking requirement. For the purpose of this provision, the distance shall be measured from the public transit route to the property line of the use via a normal pedestrian route of travel. OPTION: OFF-SITE, OF F-STREET PARKING OPTIONS Proposed additional provisions for the option to provide off-street parking spaces at an off- site premises: Required off-street parking spaces shall be located on the same lot or on a contiguous lot under the same ownership as the use for which they are required, provided that spaces for any use in the CB, GB, MUD, M-1, or M-2 district, where applicable, may be located off the premises in the form of off-site, off-street parking, when all of the following conditions are met: 3 1) The parking area within which such parking spaces are provided shall comply with the use regulations and all other requirements of the district in which it is located; 2) All such parking spaces shall be located within 500 feet by normal pedestrian route of a principal entrance to the building they serve. For the purpose of this requirement, the distance from off-street parking spaces to the lot served shall be measured from the nearest parking space to the principal entrance to the building on the lot of the use served; 3) Off-site, off-street parking shall be designated for the purpose of the off-site use it serves and shall not be used to meet the minimum off-street parking requirements of another use, unless the Zoning Administrator determines that the uses for which the off-street parking spaces are designated do not constitute simultaneous use of the parking spaces; 4) The off-site, off-street parking area shall either be owned by the owner of one (1) of the uses or leased for at least a 20-year term or through a permanent easement by the owner of the uses being served; 5) No changes shall be made to the shared parking area which would reduce the parking provided for the uses, unless the owner of one (1) of the uses makes other arrangements to provide parking. No such changes shall be made without Zoning Administrator approval; 6) Handicap parking spaces cannot be shared, unless the uses that are to share the spaces are adjacent to the handicap spaces and no inconvenience to the users of such spaces would be created; 7) Any proposed change in the use of a structure that shares a parking area will require proof that adequate parking is available. Should ownership or lease agreement terminate, the use for which off-site parking was provided shall be considered nonconforming and any and all approvals, including a special use permit, shall be subject to revocation. Continuation or expansion of the use shall be prohibited unless the use is brought into compliance with the parking regulations of this appendix. MAINTENANCE OF PARKI NG AREAS Proposed addition requiring maintenance: • All parking and off-street loading areas, including those areas with pervious or semi- pervious parking lot surfacing materials shall be subject to an on-going maintenance program, and maintained in safe condition and good repair at all times so as not to constitute a hazard to public safety or a visual or aesthetic nuisance to surrounding land. All signage and pavement markings shall also be maintained. 4 P ERVIOUS OR SEMI -PER VIOUS SURFACING • The use of pervious or semi-pervious parking lot surfacing materials—including, but not limited to—pervious asphalt and concrete, open joint pavers, and reinforced grass/gravel/shell grids may be approved for off street parking and loading areas except on industrial and other sites where there is reasonable expectation that petroleum and other chemical products will be spilled, and provided such surfacing is subject to an on-going maintenance program (e.g., sweeping, annual vacuuming). Any pervious or semi-pervious surfacing used for aisles within or driveways to parking and loading areas shall be certified by a design professional as capable of accommodating anticipated traffic loading stresses and maintenance impacts or as approved by the Director of Public Works. Where possible, such materials should be used in areas proximate to and in combination with onsite stormwater control devices. o Justification: This section was added to allow flexibility for those properties that desire to include pervious paving materials for a more environmentally friendly approach to development and potential credit toward stormwater management requirements. 1 Town of Vinton Planning and Zoning Proposed Dimensional Revisions INTRODUCTION TO THE REVISIONS The following proposed changes involve revisions to the dimensional standards for lots in various zoning districts in the Town of Vinton. The dimensional standards in question involve setback distance, building height, and potential lot coverage requirements. R-B RESIDENTIAL -BUSINESS FRONT YARD SETBACK REDUCTION Suggested Changes: • Reduce the front yard setbacks from 25 ft. to 15ft. o Justification: Most of the R-B zoning is along Washington and Virginia Avenues. There are a number of older homes converted or converting to commercial uses with non-conforming front setbacks smaller than 25 ft. The reduced front setback would bring many of these into conformance. The reduced setback also promotes walkability. The 15 ft. front setbacks would allow development closer to the sidewalks while still providing appropriate separation from traffic on the arterial roadways. Graph 1 shows that currently 49% of all the properties zoned R-B are not in compliance with the 25 feet setback requirements in a legal non-conforming way. Graph 2 show the percentage changes in compliance that would take place if the setback requirements were reduced to 15 feet. The data reveals this change would allow for 83% of the total properties zoned R-B to become compliant with the new zoning regulations. The change would allow for a 32% increase in compliant R-B properties and reduce legal non-conforming R-B properties to account for a mere 17% of the total. Overall, implementing this recommendation allows for more properties to become compliant with the zoning code and foster a pedestrian friendly environment for current and future developments in R-B districts. cb CEntral Business setback and building height 2 PROPOSED CHANGES IN THE CENTRAL BUSINESS DISTRICT INCREASE BUILDING HE IGHT LIMIT Revision: • The first major recommendation is to increase the height limit in this district from 35 feet to 45 feet or four (4) stories, whichever is less. • Justification: The main justification for this increase would be to allow for greater density, particularly in relation to future mixed-use development with dwelling units being located above retail spaces. During the final UDA advisory committee meeting in December 2018, it was recommended that we change the regulation to allow for four (4) stories in general, rather than setting a specific maximum in feet. In preparation of this memorandum, sixty- six (66) properties in the CB District were analyzed to calculate their building height (in stories). Chart 1 shows the percentages of different building heights among these properties. Overall, 55% of the buildings in the Downtown area are between 11 and 19 feet in height. Presently, the tallest building in this district is only 36 feet in height, so these revisions will not cause legal non-conformities. Current and future developments or redevelopments will have the potential to incorporate a higher number of residential dwellings in the upper floors in a mixed-use format if this height limit is increased. 3% 55% 33% 9% Chart 1. Building Heights (ft.) in the CB District 0-10 ft. 11-19 ft. 20-29 ft. 30+ ft. 3 ESTA BLISH A MAXIMUM FRONT YARD SETBACK DISTANCE Revision: • Revise the front yard setback requirement in the CB District to have a maximum of 15 ft. • Justification: The establishment of a maximum front yard setback ensures that buildings are not set back too far to incentivize walkability and keep storefronts closer to the sidewalk where pedestrian traffic will flow. This recommendation was presented by consultants in 2018 and originally included the front setback requirements being described as a range, with a minimum and maximum yard requirement. The reason for the minimum was to allow for a buffer for potential utility improvements and allow for a minimal sidewalk to be located within the public right of way. Although the Town staff agrees with the utilization of a front yard setback maximum in this district, they requested the Planning Commission forfeit the recommendation of a minimum requirement. Our current zoning regulations and other localities in the Commonwealth utilize a zero-foot minimum setback to accommodate for the existing structures typically found in Downtown areas and foster a pedestrian-oriented urban streetscape. The data collected during this research phase shows the existing front yard setbacks of structures located in the CB District in the Town of Vinton, which will allow for these regulations to be tailored specifically for our present and future developmental standards. Table 1 shows the frequency of front yard setback (in feet) amounts among the 66 properties in the CB District. Presently, 34 of the properties currently have a zero-foot front yard setback which constitutes 52 percent of the total number of properties as indicated in Graph 2. With over half of the properties having this setback characteristic, we should be attentive when preparing regulations for future developments to follow. For example, if an existing block has a row of parcels with zero-foot front yard setbacks, we should be weary of requiring a new infill development to have front yard setback greater than zero. Of course, the nature of each block may vary in the CB District, so different approaches should be taken when constructing these developmental standards. 34 5 6 8 13 0 5 10 15 20 25 30 35 40 0 0-5 5-10 10-15 15+ Fr e q u e n c y Setback (ft.) Ranges Table 1. Front Yard Setbacks (ft.) in CB District 1 Town of Vinton Planning and Zoning Proposed New and Revised Use Regulations INTRODUCTION TO USE CLASSIFICATIONS The following proposed new and revised use classifications include entirely new uses that were previously not in the Zoning Ordinance, or revisions of the organization or supplemental regulations associated with pre-existing uses. Each of the sections below will cover the new, revised, or reorganized use classifications and its supplemental regulations, if applicable. In many cases, a use will be permitted by right only in the case that all the supplemental regulations are able to be met. These supplemental regulation ensure that particular uses do not impede the promotion of the health, safety, and general welfare of the public and other objectives set out in the Code of Virginia, § 15.2-2200. MULTI -FAMILY DEVELOPMENTS IN THE R -3 DIS TRICT Overview Based on research of high density/multi-family zoning districts located within the Commonwealth, it has been shown that most all localities permit the development of multi-family dwellings by- right up to specifically set dwelling units per acre threshold (See Appendix 1). By using this measure of dwelling units per acres, localities can ensure that a development’s size is compatible with the intent or purpose of the zoning district, while still ensuring that there is not an undue burden on public services or related causes of congestion/overcrowding of land. Town staff are recommending that multi-family dwellings that are proposed to be 12 or fewer du per acre be permitted by right in this zoning district. These developments would still have to follow the existing supplemental regulations in the zoning district, and there would still be a set maximum density even in the case of a special use permit request. The table below shows the proposed classification categories: Dwelling Units (du) per acre Permission Classification 12 or fewer du per acre By Right Between 13 and 24 du per acre Special Use Permit (SUP) ALTERNATIVE FINANCIAL INSTITUTIONS Definitions • Alternative Financial Institution. Check cashing establishment (as a primary use), motor vehicle title lender, payday lender, or precious metals dealer, as defined in this Article. 2 o Check cashing primary use. Person or establishment engaged in the business of cashing checks, drafts or money orders for compensation, and registered with the state corporation commission pursuant to Code of Virginia. o Motor vehicle title lender. Establishment engaged in the business of lending money secured by a non-purchase interest in a motor vehicle. o Payday Lender. Establishment, other than a bank, credit union, or savings and loan, engaged in the business of making short-maturity loans on the security of a check, any form of assignment of an interest in the account of an individual at a depository institution, or any form of assignment of income payable to an individual, other than loans based on income tax refunds. o Precious metals dealer. Any person or establishment defined as a dealer in the Vinton Town Code Sec. 74-30 that is not accessory to a jewelry or coin store. Permitted zoning districts include: • General-Business (GB): By-right • Central-Business (CB): Not permitted MASSAGE PARLORS & MASSAGE CLINICS Definitions • Massage Parlor. Any establishment having a fixed place of business where massages are administered or any establishment holding itself out through representations of its employees or agents or in any advertising medium as a place where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a duly licensed physician, surgeon, physical therapist, chiropractor, osteopath, a massage therapist who is licensed by the Virginia Board of Nursing, or a barber shop or beauty salon in which massages are administered only to the scalp, face, the neck or the shoulders. • Massage Clinic. An establishment where all active employees are massage therapists certified by the Virginia Board of Nursing, as evidenced by the holding and continual renewal of a license issued by the Board, carries out measures prescribed by doctors, chiropractors, and other medical professionals. Proposed Changes: The proposal included is to ensure that licensed medical professionals who start businesses in the Town of Vinton are protected and can continue to provide high quality services to the public without disruptions from outside parties. Town staff are proposing that any establishment that meets the definition of “massage parlor” be classified under the “adult use” category in the Zoning Ordinance, which would require it to be located in the specifically permitted zoning districts and meet the supplemental regulations stated within. Additionally, these uses would need to pay annual license tax through a specific category designated in the Vinton Town Code. 3 COUNSELING SERVICES Proposed Change: • Remove the special use requirement for “counseling services” and permit is by right as an “office use” in R-B, GB, and CB. Definition of “Office” • Office. An establishment primarily engaged in providing professional, financial, administrative, management, clerical or other services not involving the manufacture, assembly or repair of goods, or the storage or direct transfer of goods to the customer on the premises, except as may be incidental to a service provided on the premises. If the establishment provides counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, or similar conditions, this shall only occur for part of a 24-hour day. RESEARCH AND DEVELOPMENT FACILITY Definition • Research and Development Facility. An establishment which engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of communication systems, alternative energy sources, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes may be associated with this use. Excluded from this use are any facilities which mass produce one (1) or more products directly for the consumer market. Permitted zoning districts include: • General-Business (GB): By-right • Central-Business (CB): By-right Supplemental Regulations: Standards in the GB and CB Districts. (1) No exterior odor, dust, noise, or other objectionable impacts shall be produced as a result of the use; (2) Where appropriate to protect adjacent uses, hours of operation may be restricted. PET DAYCARE FACILITY AND ANIMAL -RELATED FACILITIES Definition • Pet daycare facility. A facility where animals may be groomed, trained, exercised, and/or socialized. 4 Permitted zoning districts include: • Animal hospital or veterinary clinic, with outside runs, play yards, pens, or training areas. o General-Business (GB): Special Use Permit • Pet shops, pet grooming, and pet daycare facility, completely enclosed o Residential-Business (R-B): By-right o General-Business (GB): By-right o Central-Business (CB): By-right • Pet shops, pet grooming, and pet daycare facility, with outside runs, play yards, pens, or training areas. o General-Business (GB): Special Use Permit o M-1 and M-2 Industrial: By-right Supplemental Regulations for completed enclosed facilities: (a) Applicability. The supplemental regulations of this section shall apply to any animal hospital, veterinary clinic, pet shop, pet grooming service, and/or pet day care facility that is completely enclosed permitted by this appendix, by right or by special use permit. (b) Standards in the GB, CB, and MUD Districts: (1) All facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sound produced by animals kept or treated therein are not audible outside of the building. (2) These supplemental regulations shall not prohibit the occasional use of outdoors areas for supervised animal relief. Supplemental Regulations for those with outdoor components: (a) Applicability. The supplemental regulations of this section shall apply to any animal hospital, veterinary clinic, pet shop, pet grooming service, and/or pet day care facility with outdoor play yards, runs, pens, or training areas permitted by this appendix, by right or by special use permit. (b) Standards in the GB, M-1, and M-2 Districts: (1) No facility may be established within 300 feet of a residentially zoned district (R- LD, R-1, R-2, R-3, R-B). (2) Outdoor play yards shall be screened from view so as not to be visible from any public street or adjacent property. (3) Any outdoor play yard shall only be used between dawn and dusk for supervised exercise and training use. This shall not prohibit the occasional use of outdoor areas for supervised animal relief outside of these hours. (c) Measure of distance (1) All distances specified in this division shall be measured from the property line of one use to another. The distance between a property containing this type of facility and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district. 5 MOTOR VEHICLE OR TRAILER PAINTING AND BO DY REPAIR Purpose of these revisions: • The previous ordinance definition required that certain auto or truck general repair services to attain a special use permit in the GB district due the definition including the following activities: o Installation or removal of engines o Transmissions or other major body or mechanical parts o Body repair o Painting or storage of wrecked vehicles • After further research, it has been found that many of these activities, except body repair, painting, and storage, pose no more risk or potential danger to public health and safety than many of the common functions of a typical auto service center. With this, a new use category will be added that specifically includes the main functions of motor vehicle or trailer painting and body repair. The provisions surrounding wrecked vehicles still stands as this use is only permitted in an automobile graveyard or junkyard. Definition • Motor vehicle or trailer painting and body repair. Any facility, or portion thereof, used for the repair, replacement, or straightening of a motor vehicle body or frame or painting of motor vehicles. Mechanical service and engine repair may be performed as an ancillary function of the body work. Permitted zoning districts include: • General-Business (GB): Special Use Permit • M-1 and M-2 Industrial: By-right BREWERIES, MICROBREWERIES, DISTILLERIES, AND MICRODISTILLERIES Definitions • Brewery. An establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of greater than 315,000 gallons per year. A brewery may include a restaurant or public tasting room as an accessory use. • Micro-brewery. An establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of not more than 315,000 gallons per year. A micro- brewery may include a restaurant or public tasting room as an accessory use. • Distillery. An establishment primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity greater than 5,000 gallons 6 of finished product per year. A distillery may include a restaurant or public tasting room as an accessory use. • Micro-distillery. An establishment primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of not more than 5,000 gallons of finished product per year. A micro-distillery may include a restaurant or public tasting room as an accessory use. Permitted zoning districts include: • Brewery o M-1 and M-2 Industrial: By-Right • Microbrewery o General-Business (GB): By-Right o Central-Business (CB): By-Right • Distillery o M-1 and M-2 Industrial: By-Right • Microdistillery o General-Business (GB): By-Right o Central-Business (CB): By-Right Supplemental regulations (equivalent to that of an eating and drinking establishment): • No deck, patio, terrace or other outside area for the service or accommodation of patrons shall be situated within 100 feet of any property in any residential or R-B district; • Covered trash containers shall be provided in service areas, and screening shall be provided around service areas in accordance with the requirements for screening set forth in Article V, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets; • No music or public address system shall be operated in a manner that sound produced is audible beyond the boundaries of the premises. RETAIL STORES AND SHOPS, BOUTIQUE Purpose Retail uses have never been permitted in any form in the R-B Residential-Business district in the town. However, due to a recorded history of requests by citizens and business owners to permit a form of retail in this zoning district, it is being proposed by staff to allow for smaller-scale, specialty retail uses in this district that would not cause any more land use or traffic impacts than any other use currently permitted by right. Definition Retail store or shop, boutique. A small-scale (less than two thousand five hundred (2,500) square feet) retail use which offers for sale items of art or crafts, clothing, prepackaged food and beverages, gift bags, limited household supplies and hardware, or which offers for sale items related to a specific theme, e.g., kitchen wares, pet care, Amish products, etc. “Boutique retail 7 stores or shops” shall not include fuel pumps or the selling of fuel for motor vehicles. “Boutique retail stores or shops” shall not include the selling of tobacco products, nicotine vapor products, alcoholic beverages, or lottery tickets or shares. “Boutique retail stores and shops” shall not include a use that offers the sale of antiques as its principal activity. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old. Permitted zoning districts include: • Residential-Business (R-B): By-Right • General-Business (GB): By-Right • Central-Business (CB): By-Right RETAIL STORES AND SH OPS, LARGE FORMAT Purpose This was initially proposed by Town staff in 2008 and is a good general practice to require legislative review and approval of very large and complex development projects in certain zoning districts in a locality. Definition Retail store or shop, large format. Retail sales uses, including those uses classified more specifically by these use type classifications, located in any newly constructed or enlarged building containing greater than 30,000 square feet of floor area devoted to retail and related accessory use, whether on a single lot or contiguous lots owned or operated as associated, integrated, or cooperative business enterprises Permitted zoning districts include: • General-Business (GB): Special Use Permit • Central-Business (CB): Special Use Permit MIXED -USE BUILDING Purpose Mixed-use buildings have been permitted by right in the GB and CB districts for some time now, however the floor area requirements disallowed the extent to which the residential component could be utilized. The new supplemental regulations remove the provisions concerning the floor area requirements to incentivize more mixed-use developments or redevelopments in the Town’s commercial districts. Revised supplemental regulations: (a) Applicability. The supplemental regulations of this section shall apply to any mixed-use building permitted by this appendix, by right or by special use permit. (b) Standards in the GB and CB Districts. 8 (1) Dwelling units shall be located above the first floor of the building or to the rear of other permitted uses; (2) Dwelling units shall be designed as an integral part of a building or group of buildings, containing other permitted uses within the applicable zoning district. DRIVE -UP FACILITIES Purpose The addition of supplemental regulations to drive-up facilities gives greater clarity to the standards to meet which were previously housed in other sections of the zoning ordinance. The following standards for drive-up facilities are intended to allow for such facilities in a manner that promotes public safety and efficient operation by addressing their unique challenges, such as the siting of the building, high volumes of traffic, vehicular access, and on-site circulation. A special use permit is still required for drive-up facilities in conjunction with any use permitted in the Central-Business (CB) district. Supplemental Regulations: (a) Purpose. The following standards for drive-up facilities are intended to allow for such facilities in a manner that promotes public safety and efficient operation by addressing their unique challenges, such as the siting of the building, high volumes of traffic, vehicular access, and on-site circulation. The specific purposes of this section are to: (1) Minimize the negative impact of drive-through facilities created by additional traffic hazards from motor vehicles entering and existing the site; (2) Promote safer and more efficient on-site vehicular and pedestrian circulation; (3) Reduce conflicts between queued motor vehicles and traffic on adjacent streets; and (4) Minimize the negative impacts drive-through facilities create on abutting residential properties. (b) Applicability. The supplemental regulations of this section shall apply to any drive-up facilities permitted by this appendix, by right or by special use permit. (c) Definitions. For the purposes of this section, the following words and terms are defined as set forth below: (1) Access: A way or means of approach to provide motor vehicle or pedestrian entrance to or exit from a property. (2) Access connection: Any driveway, street, curb cut, turnout, or other means of providing for the movement of motor vehicles to or from the street network. (3) Stacking lane: An area of stacking spaces and driving lane provided for motor vehicles waiting for drive-through service that is physically separated from other motor vehicle and pedestrian circulation on the site. (4) Stacking space: An area within a stacking lane for a motor vehicle waiting to order or finish a drive-through transaction. (d) Standards. 9 (1) Drive-up facilities shall provide a minimum number of stacking spaces on site in accordance with the standards below: Use with Which Drive-up Facility is Associated Stacking Spaces Required per Stacking Lane (2) Each stacking space shall be a minimum of twenty (20) feet in length and ten (10) feet in width along straight portions. Stacking spaces and stacking lanes shall be a minimum of twelve (12) feet in width along curved segments. (3) The minimum distance to any access connection for the site from the centerline of the final transaction window shall be forty (40) feet. (4) Stacking lanes shall be clearly identified and delineated from traffic aisles and parking areas by means of striping, curbing, landscaping, or the use of alternative paving materials or raised medians. (5) Entrances to stacking lanes shall be clearly marked and shall be located at a minimum of forty (40) feet from the intersection with the street. The distance shall be measured from the property line along the street to the beginning of the entrance. The entrance into the drive-through lanes shall not conflict with general access to the site. (6) Stacking lanes shall be designed so that they do not interfere with circulation both on site and on adjacent streets. Toward that purpose, stacking lanes shall be designed so they: (A) Do not impede or impair access into or out of parking spaces; (B) Do not impede or impair motor vehicle or pedestrian traffic movement; (C) Minimize conflicts between pedestrian and motor vehicular traffic with physical and visual separation between the two; and 10 (D) Do not interfere with required loading and trash storage areas, and loading or trash operations shall not impede or impair motor vehicle movement. If separate stacking is curbed, an emergency by-pass or exit shall be provided. (7) Stacking lanes shall not enter or exit directly from or into a public right-of-way; however, the Zoning Administrator may eliminate and/or allow the use of a public alley standard based on specific conditions of the site. (8) The intersection of stacking lanes and walk-in customer access shall be a minimum of twenty (20) feet from any access connections and transaction windows. Such intersections shall be provided with a crosswalk that uses alternative paving and striping and includes warning signage aimed at both the pedestrian and motor vehicle. (9) Speakers shall be located at least fifty (50) feet from the property line of any residentially zoned property. (10) Menu boards, which shall not count toward freestanding sign allocations set forth in Article V, shall be a maximum of fifty (50) square feet, with a maximum height of eight (8) feet. OUTDOOR DISPLAY USE Definition Outdoor display area. The placement of goods or merchandise for sale or for advertisement, outside of the building or structure in which the merchandise is normally sold. For purposes of this definition, motor vehicle inventory for sale or lease, motor vehicle rental inventory, motor vehicle and commercial motor vehicle fleets associated with a business establishment, and the inventory of a nursery or commercial greenhouse shall not be considered an "outdoor display area." Supplemental Regulations: • Such outdoor display area shall be located on the same lot as the principal use and shall be customarily incidental to the principal use; • Such outdoor display area shall be limited in square footage to fifteen (15) percent of the area of the principal building; • The maximum height of stacked displayed merchandise in such outdoor display area shall be limited to six (6) feet; • All outdoor display of merchandise shall be located immediately adjacent to the front or side of the principal building, and not in drive aisles, loading zones, fire lanes, or parking lots. • Such outdoor display area shall be furnished with a surface material such as asphalt or concrete; and • Merchandise shall not be placed or located so as to interfere with pedestrian or building access or egress, required vehicular parking and handicap parking, drive aisles, site access 11 or egress, loading spaces or access thereto, public or private utilities, drainage systems, fire lanes, alarms, hydrants, standpipes or other fire protection equipment, or emergency access or egress. • An obstruction-free area at least five feet wide shall be maintained through the entire length of the display area or between it and adjacent parking areas so as to allow pedestrians and handicapped persons to safely and conveniently travel between parking areas or drive aisles to the building and along the front and side of the building, without having to detour around the display area. • Merchandise shall not encroach into required setbacks, buffer yards, or the public right-of- way, except for vehicle display areas. Permitted zoning districts include: • R-B Residential-Business District: By Right • General-Business (GB): By Right • Central-Business (CB): By Right OUTDOOR STORAGE USE Definition Outdoor storage. The keeping or storing, other than in a wholly enclosed building, of any goods, items, materials, or merchandise for more than twenty-four (24) consecutive hours. "Outdoor storage" shall be permitted only as an accessory use where allowed by this chapter. For purposes of this definition, motor vehicle inventory for sale or lease, motor vehicle rental inventory, motor vehicle and commercial motor vehicle fleets associated with a business establishment, and the inventory of a nursery or commercial greenhouse shall not be considered "outdoor storage." Supplemental Regulations: • Outdoor storage areas shall not be located in any required yard, in any area included in the calculation of required open space, or in any required off-street parking spaces, vehicular or pedestrian access, or landscaped areas. • Outdoor storage areas shall not be located closer to a public street than the primary building façade on the lot. • Outdoor storage areas shall be situated on an improved surface or on a gravel or similar surface. The Zoning Administrator may require a development plan including satisfactory specifications for a sub-base, and the size, tamping, and containment of gravel and documentation that dust will not be generated in an amount in excess of that which would be generated by a paved surface or permeable pavement system prior to approval. • Storage of bulk material, including, but not limited to sand, gravel, mulch or soil shall be contained on site to prevent material deposition into or upon public or private streets or alleys, any adjacent properties, or storm drainage system or waterway. Such containment shall be shown on a development plan submitted to the Zoning Administrator for approval and shall be in place prior to commencement of the storage activity. 12 • Areas devoted to outdoor storage of materials, supplies, equipment or outdoor servicing, truck loading and unloading, trash collection or similar activity shall not be located within any required yard, and shall be screened from all adjacent streets and properties by buildings or by solid structural or vegetative screening material not less than six feet in height. Structural and vegetative screening shall follow the standards for buffer yard planting and screening set forth in the landscaping section of the Ordinance. Permitted zoning districts include: • General-Business (GB): Special Use Permit • M-1 and M-2 Industrial: By-right CONSOLIDATION OF USE CATEGORIES The consolidation of numerous specific use categories under a single heading assists with organization and allows uses that share the same foundational characteristics and classification to share the same permissions in each respective zoning district. Below are examples of new use categories that encompass numerous existing use classifications that are further expanded and defined in the Article X, Definitions section. USE CATEGORIZATION Revisions Use: Eating and drinking establishment • Definition: Eating and Drinking Establishment. An establishment engaged in the preparation and selling of food to the customer in a ready-to-consume state, and where the customer consumes these foods on or off the premises, including the function of selling beer, wine, or other alcoholic beverages for consumption on the premises. Such establishment may provide, as an accessory function, live performances with only non- electronic musical instruments or recorded background music and a dance floor not to exceed ten (10) percent of the seating area of the establishment. Use: Amusement, commercial, indoor • Definition: Amusement, commercial, indoor. An establishment primarily engaged in the provision of four (4) or more amusement or entertainment devices or machines or games of skill, chance, or scoring to the general public for a fee, where all such activity occurs enclosed in a building. Such games include billiards, pool, table tennis, dartboards, foosball, pinball, video games, and other similar amusement or entertainment devices, whether or not they are coin-operated. Typical uses include billiard and pool halls, video arcades, and game rooms. "Indoor commercial amusement" establishments may include accessory uses, such as snack bars, which are designed and intended primarily for the use of patrons of the amusement use. "Indoor commercial amusement" establishments do not include gun-firing ranges or any use which is otherwise specifically listed in the Use Tables in Article IV of this chapter. 13 Use: Amusement, commercial, outdoor • Definition: Amusement, commercial, outdoor. An establishment primarily engaged in the provision of four (4) or more amusement or entertainment devices or games of skill or scoring to the general public for a fee where any portion of the activity takes place outside of a building, including miniature golf course, golf driving ranges, batting cages, or similar facility. "Outdoor commercial amusement" establishments do not include go-cart or motorcycle courses, raceways, drag strips, overnight camping, or gun-firing ranges, or any use which is otherwise specifically listed in the Use Tables in Article IV of this chapter. Use: Recreation, commercial, outdoor • Definition: Recreation, commercial, outdoor. The provision of recreation facilities which are predominantly participatory uses, and which are conducted in open or partially enclosed or screened facilities. Typical uses include swimming pools, tennis or other outdoor racquet courts, basketball courts, athletic fields, sports complexes, skateboarding courses, or similar recreation uses. "Outdoor recreation" facilities may include any accessory uses, such as snack bars, pro shops and clubhouses, which are designed and intended primarily for the use of patrons of the principal recreational use. "Outdoor recreation" facilities shall not include paintball fields or areas, go-cart or motorcycle courses, raceways, drag strips, overnight camping, or gun-firing ranges, or any use which is otherwise specifically listed in the Use Tables in Article IV of this chapter. Use: Recreation, commercial, indoor • Definition: Recreation, commercial, indoor: The provision of recreation facilities which are predominantly participatory uses, and which are located and conducted entirely within a building. Typical uses include bingo halls, tennis or other racquet courts, swimming pools, bowling alleys, ice skating or roller skating rinks, batting cages, paintball facilities, climbing walls, or similar recreation uses. "Indoor commercial recreation" establishments may include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use. "Indoor recreation" establishments shall not include any use which is otherwise specifically listed in the Use Tables in Article IV of this chapter. 14 Appendix 1 Multi-Family Dwelling Use Research Town of Vinton Zoning Ordinance Updates Locality Permissions Zoning District Maximum Density Reference Town of Vinton (pop. 8,231) Special Use Permit R-3 Residential District 24 du per acre Roanoke County (pop. 95,583) By-right R-3 (Medium-density) 12 due per acre Article III, Sec. 30-45, Sec. 30-46 By-right 24 du per acre City of Roanoke (pop. 99,920) By-right for 10 or fewer (SUP if more) RM-2 Residential Mixed Density 1 du per 1,000 sq. ft. Chapter 36.2, Article III, Div. 1 By-right RMF Residential Multifamily 1 du per 2, 2,500 sq. ft. Town of Blacksburg (pop. 44,215) By-right 27 du per acre Article III, Div. 8 48 du per acre Christiansburg By-right R-3 Multiple-Family Residential 10 du per acre Chapter 42, Article VI. By-right RMF Residential Multi-Family 15 Town of Vienna, VA By-right RM-2 Multi-family, Low Density 1 due per 2,00 sq. ft. Chapter 18, Article IX VA By-right R-3 High Density Residential 12 du per acre Article VI, Sec. 605 Town of Culpepper, VA (pop. 17,557) By right 12 du per acre Chapter 27, Article II, Sec. 27-31 R3 – Residential High Density 24 du per acre Town of Warrenton, VA (pop. 9,897) By-right RMF Residential Multifamily District 10 du per gross acre Article III, Sec. 3-4.5 Town of Orange, VA (pop. 4,947) By-right Traditional Residential – High Density 30 du per acre Article V, Sec. 5-30 Purcellville, VA (pop. 9,232) By-right R-15 Apartment residential district 15 du per acre Article 4, Sec. 1.2.64 1 Town of Vinton Planning and Zoning Proposed Landscape Ordinance INT RODUCTION This proposed new division introduces new landscaping standards to enhance the Town’s aesthetic and environmental context in relation to stormwater management, reducing urban heat island effects, and enhancing public health and safety. Screening and buffer yard requirements have been in existence, however these revisions provide greater guidance on the standards, installation methods, and use types that require such provisions. These provisions are intended to be flexible and allow space for creativity during the design and construction phases of a new development or redevelopment project. DRAFT OF LANDSCAPING ORDINANCE DIVISION 5 . – LANDSCAPING, SCR EENING, AND BUFFER Y ARD REQUIREMENTS Sec. 6-18 - Purpose. (a) Purpose. The purpose of this section is to provide for landscape planting. Landscaping standards are intended to: (1) Promote public health, safety and resilience; (2) Prevent soil erosion; (3) Provide shade; (4) Conserve natural resources; (5) Enhance the overall appearance of development sites. (6) Mitigate potential negative impacts from development on adjoining lands; (7) Provide a transition between private lands and the public realm; (8) Create an attractive edge along the street for motorists and pedestrians; and (9) Improve stormwater infiltration in certain locations. Sec. 6-19. - Applicability. (a) Applicability. All of the following types of development shall comply with the standards in this section: (1) The requirements of this division apply to any development for which a site development plan is required by Article VIII, Division 3, "Site Plan Review.” (2) The Town Council shall also have the authority to apply any of these requirements as a condition of a special use permit approved by the Council. Sec. 6-20. – Enforcement procedures and penalties. (a) All landscaping, buffering, and screening materials must be in place prior to issuance of a certificate of zoning compliance. In situations where a building, structure, or property, must be occupied or used prior to completion of landscaping requirements, the Town may issue a temporary or partial 2 certificate of zoning compliance. A bond in the amount of forty (40) percent of the total cost of landscaping shall be held until final zoning approval. (b) Any violations shall be subject to Article VIII, Division 5, Section 8-41 of the Town of Vinton Zoning Ordinance. Sec. 6-21. – Landscaping plan. (a) Landscaping Plan. A landscaping plan shall be submitted with an application for any development subject to the requirements of this section. The plan shall depict how the proposed development complies with the standards of this section. (b) Landscaping Plan Preparation. A landscaping plan, when required through site plan review, shall be prepared by a Virginia Licensed Landscape Architect, Virginia Certified Landscape Designer, or a Certified Horticulturist or Arborist. (c) Proposed planting chart shall be indicated on the landscaping plan. A landscape planting chart showing the planting schedule, minimum size at planting, total canopy percentage, species, and total canopy coverage for the site. Sec. 6-22. – General standards for landscaping and screening. (a) General Requirements. (1) Acceptable vegetative ground cover consists of shrubs and ground cover including grass. Using standards from recognized texts on the subject, the Zoning Administrator shall decide the appropriateness of any such trees and ground cover. (2) Species of trees shall not be planted if the roots cause damage to public utilities, the branches are subject to a high incidence of breakage, or the fruit is considered a nuisance or high maintenance, as determined by the Zoning Administrator. (3) Landscaping within a sight distance triangle shall not include any evergreen tree and, furthermore, shall not include shrubs or ground cover exceeding thirty (30) inches in height above the graded ground level. (4) When a determination of the number of required trees or shrubs, as set forth in this division, results in a fraction, any fraction shall be counted as one (1) tree or shrub. (5) If the development of any portion of a lot includes the creation of a slope of two to one (2:1), horizontal to vertical, or greater, such slope shall be planted with vegetative cover, subject to determination of the Zoning Administrator that the methods of planting will hold the soil in place and that the proposed vegetative cover and rate of planting will ensure stabilization of the slope. (6) Trees planted to meet any of the requirements below may also be used to meet any other screening or landscaping requirement within this Article. (b) Planting materials. Where landscaping is required by this division, the following standards shall apply: (1) Trees used to meet the requirements of this division shall be selected from the current list of landscape trees approved and published by the Zoning Administrator. Such list shall specify minimum height or minimum caliper at planting, the 20-year canopy of trees in square feet, and the suitability of each species for parking areas, site canopy, or buffer yards. 3 (2) Existing vegetation which meets the standards prescribed by this division, as determined by the Zoning Administrator, may be preserved and may be used to meet some or all of the landscaping requirements. Any existing vegetation to be preserved and incorporated into the landscape must be adequately protected during construction to insure their survival, as specified in the protection and preservation methods section below (Sec. 6- 23). (3) All required landscaping materials shall meet the specifications and standards of the AmericanHort, previously the American Nursery and Landscape Association. Native plantings are encouraged when compatible with the surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscape and avoid the use of highly invasive species. (4) Where the planting of trees which have a height at twenty-year maturity which would interfere with overhead utility lines, the Zoning Administrator may, as a part of development plan approval, permit the substitution of trees with a lesser height at maturity, provided the substitute trees shall be provided at a rate that will result in the same amount of total tree canopy. (c) Installation. The installation of required tree canopies, landscaping, buffering, and screening shall meet the following requirements: (1) Landscaping required by this ordinance shall be planted during an opportune planting season, and shall be in place and in good condition prior to a final certificate of zoning compliance being issued for the site. (2) The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nursery and Landscape Association, the Virginia Society of Landscape Designers, and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation. (3) Minimum tree and shrub size. New and existing tree and shrub types shall be defined by the height, caliper, and diameter at breast height per the Table below, Minimum Tree and Shrub Size. Table 1. Minimum Size and Spacing Requirements Height At Planting Final Height Requirements 12″ 2′ minimum or deciduous) 24″ 6′ minimum 5′ on center 5′ 15′ minimum 15′ on center 8′ 50′ minimum 20′ on center 1½″ caliper 15′ minimum 4 Large deciduous trees 2″ caliper 50′ minimum N/A (4) Maintenance. After approval by the Zoning Administrator that all landscaping required by this chapter is complete and in healthy condition, the property owner shall be responsible for the ongoing protection and maintenance of all required landscaping in a manner that complies with the requirements of this chapter and in conformance with the approved development plan. Where necessary to comply with the requirements of this chapter and the approved development plan, dead or damaged landscaping materials shall be replaced by the property owner within six (6) months of notification by the Town Sec. 6-23. – Protection and preservation methods. (a) Vegetation designated for protection and/or preservation shall be enclosed in a protection zone which establishes limits of construction disturbance to the root area of designated plant material. All protection zones and measures shall be established to the satisfaction of the zoning administrator. During construction, plastic or wood fencing shall be installed at the perimeter of all protection zones. (1) Vegetation of specimen quality, historic designation or cultural value: Provide extraordinary measures to ensure complete protection/preservation. (2) Type of material specified may vary due to site-specific determinants. Silt, erosion control, or geotechnical fabric materials are not acceptable for use as vegetation protection. (b) Areas designated for protection and/or preservation shall not be violated throughout the entire construction period by actions including, but not limited to: (1) Placing, storing, or stockpiling backfill or construction related supplies. (2) Felling trees into the designated area. (3) Burning within or in close proximity. (4) Modifying site topography in a manner which causes damage by collection/ponding or flow characteristics of site drainage. (5) Trenching or grading operations. (6) Operating equipment or machinery. (7) Parking of construction vehicles. (8) Temporary or permanent paving or impervious surface installation. (9) Temporary or permanent utility construction installation. (10) Disposal of construction debris or chemical pollutants. (c) Work or construction related activities within areas designated for protection and/or preservation of existing vegetation shall be accomplished only with prior approval of the zoning administrator. Sec. 6-24. – Canopy coverage requirements. (a) Definition of tree canopy. For purposes of this section, "tree canopy" shall include all areas of coverage by existing plant materials exceeding five (5) feet in height, and the extent of planted 5 tree canopy at maturity shall be based on the "canopy at 20 years" as set forth in the current list of landscape trees referenced above in Sec 6-22. (b) Trees shall be provided within the limits of construction to the extent that at twenty years from the date of planting, tree canopies or covers will provide at least the following minimums: Table 2. Canopy Coverage Requirements by District Zoning District Tree Canopy R-LD 20% R-1, R-2 20% CB 20% R-3 10% GB, R-B, M-1, M-2 10% PD, MUD Per Uses Above (c) Existing trees or wooded areas which are to be preserved, at the applicants option may be included to meet all or part of the canopy requirements, provided the site plan identifies such trees and the trees meet the standards of size, health, placement, etc. set out in this section. The Zoning Administrator shall evaluate the use of existing trees to ensure they have adequate health and strength to allow such use. (d) Existing trees designated to be included as part of these requirements shall be protected during construction by fencing placed at a distance in feet equal to or greater than the diameter of the tree in inches at the height of 4½ feet. (e) This section does not replace, or negate full compliance with, the requirements of any other section of this chapter. However, if the trees provided to satisfy the requirements of street yard trees (Section 6-26), buffer yards (Section 6-28) and parking areas (Section 6-25) equal or exceed the tree canopy required by this section, no further planting of trees or tree replacement is required in order to comply with the requirements of this section. Sec. 6-25. – Parking lot landscaping. (a) The following provisions are intended to require that 5% of the entire parking lot, excluding the access drive, is landscaped with trees and vegetative ground cover. The area of the parking lot is the square foot area of the parking spaces and aisles and interior parking lot islands, excluding access drives that do not contain either parallel or perpendicular parking spaces. (b) Within the parking lot there shall be planted one tree per ten spaces, rounded down to the closest whole number. (c) Planter islands or peninsulas containing trees shall be located within the parking lot, such that each island or planter is surrounded on at least 3 sides by parking lot or an access road to the parking lot. Their minimum size shall be 162 square feet in area, or equal total area in irregular shapes such that adequate space is provided for adequate tree canopy maturation and protection of the landscaping materials planted therein. (d) Planter islands may be combined or placed together such that more than one tree may be provided in the combined planter island, so long as the total space equals a multiple of the requirements above. (e) Perimeter plantings may be used to satisfy this requirement in parking facilities less than forty-two feet in width. (f) Perimeter planting beds at least 10 feet in width shall be provided whenever a parking area is immediately adjacent to a public right-of-way. If a question arises as to whether or not a parking 6 area is immediately adjacent to a public right-of-way, the Zoning Administrator shall make the determination. (1) Plantings within this area shall include trees and vegetative ground cover. (2) Berms may be used in addition to, but not instead of plantings. Sec. 6-26. – Adjacent right-of-way/street side plantings. (a) Where a new or expanded development, or reconfigured parking area is proposed adjacent to a public street right-of-way, a planting strip shall be established between the parking areas and the adjacent right-of-way. The planting strip shall have a minimum width of ten (10) feet. (b) Within this planting strip a minimum of one (1) large deciduous tree shall be planted every thirty (30) linear feet along the public street right-of-way. Small trees planted every twenty (20) linear feet, may be used where an overhead power line or other obstruction is present. (c) The trees shall be planted adjacent to the public right-of-way on the site being developed, or with the concurrence of the developer and the Zoning Administrator, in the public right-of-way. (d) The Zoning Administrator may reduce or eliminate this standard based on the size, street frontage, existing vegetation, and specific conditions of the site. Sec. 6-27. – Applicability of buffering and screening requirements. (a) A buffer yard shall be required of any lot in any zoning district when the lot in that district abuts a zoning district of lower intensity as shown on the table in Sec. 6-28. (b) Changes in use that require site plan approval, or a change in use of an existing development where an existing use is replaced with a new more intense use (e.g., from a residential use to an institutional use, or from a commercial use to an industrial use), shall be subject to these buffering and screening requirements to the maximum extent practicable. Sec. 6-28. – Perimeter buffer standards. (a) Buffer Yard Standards (1) Location and depth. A buffer yard shall be provided in any case where a side or rear lot line of a lot abuts or is situated across an alley from property located in a district of lower intensity as shown on the following table. The buffer yard shall be provided on the lot in the higher intensity district. (2) Buffer yards containing specified screening and plantings shall be required between zoning districts of different intensities as shown in Table 3. For each required buffer type, the developer of the site shall choose which option to install. Buffer yards shall be installed in the higher intensity zoning district. (3) Required buffer yards shall be located such that they provide a visual and physical barrier between abutting zoning districts of different intensities and shall buffer and screen all exterior storage, service, refuse, maintenance, repair, processing, salvage, and other similar areas. No use of the site may be extended beyond the required buffer yard. (4) Required buffer yards shall not be located on any portion of any existing or dedicated public or private street or right-of-way, shall not obstruct the visibility of traffic circulation, and shall not interfere with the use of adjoining properties. 7 Table 3. Type of Required Buffer Yard Zoning District Abutting Zoning District R-LD, R-1, R-2, or R-3 RB GB or CB RB A N/A N/A GB or CB B A N/A M-1 or M-2 C C B Note: Buffer yard types are defined in the table below. Table 4. Buffer Yard Requirements yard, one row of small small evergreen trees, one row yard, one row of large evergreen trees, one row of small evergreen trees large evergreen trees, one row of small evergreen trees, and one row large of evergreen (5) The buffer yard shall be reserved solely for screening and plantings, except for required pedestrian or vehicular access driveways to the property, passive recreation areas, or pedestrian or bicycle trails, which can be accommodated in a manner that preserve the intended screening function between abutting zoning districts of different intensities. In no case shall any portion of a required buffer yard be used for parking, service, refuse, storage, maintenance, or any other use that impairs the intended buffer function. (6) The property owner or lessee shall have the responsibility to continuously maintain the required buffer yards, screening and plantings such that they continue to meet the specified standards and intent of this section. All materials shall be properly installed and of durable construction. Sec. 6-29. – Standards for buffer yard planting and screening. (a) Planting required by this section shall be provided in accordance with the following standards: (1) Vegetative material shall consist of evergreen shrubs or evergreen trees of such species, size, shape and spacing as will provide effective visual screening in accordance with the requirements of this section. (2) Where necessary to provide the required screening effect, the planting pattern shall be staggered. (3) Where required, all evergreen shrubs shall have a height of at least 24 inches at the time of planting and an ultimate height of six feet or more. Some evergreen shrubs that meet these standards are various types of hollies, yews, and junipers. (4) Where required, each small evergreen tree shall have a height of at least five feet at time of planting and an ultimate height of 15 feet or greater. Some small evergreen trees that meet these standards are various types of pines, hollies, upright arborvitae and junipers. (5) Where required, each large evergreen tree shall have a height of at least six to eight feet at the time of planting and an ultimate height of 50 feet or greater. Some large evergreen trees that meet these standards are various types of pines, firs and hemlocks. (6) Existing evergreen trees and shrubs which meet the requirements of this section may be counted as contributing to total planting requirements. (7) All portions of buffer yard areas not containing plantings shall be seeded with lawn grass of other approved vegetative ground cover. 8 (b) Screening required by this section shall be provided in accordance with the following standards: (1) Screening shall be visually opaque and shall be constructed of a durable material. It shall be installed within the required buffer yard, and shall be continuously maintained. (2) Acceptable screening materials shall include stockade fences, decorative masonry walls, brick walls, earth berms, and/or evergreen vegetation. Alternate materials may be approved, if in the opinion of the Zoning Administrator, their characteristic and design meet the intent and standards of this section. (3) Screening shall be provided, in addition to the requirements listed above, for: (A) All articles or materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged, such that the activity is not visible from surrounding properties or roads. (B) Refuse storage and loading areas such that these activities are not visible from surrounding properties or roads. (C) Rooftop and ground level mechanical equipment such that it is not visible from surrounding properties or roads. (D) All trash dumpsters or containers used for recycling shall be screened so that it is not visible from surrounding properties or roads. At minimum, the dumpster or container shall be screened on three (3) sides with architectural screening. Screening shall be based upon the standards above and subject to the approval of the Administrator. (1) Four (4) foot tall architectural screening is acceptable when household style trash containers are used in place of dumpsters. Sec. 6-30. – Modifications. (a) Screening, landscaping, and buffer yards required by this section shall be applied equally to all similarly situated properties. Modifications to these standards may be granted in writing by the administrator if the administrator finds any of the following circumstances exist on the proposed building site, or surrounding properties: (1) Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of this section; (2) Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening or buffering effect. (3) The required screening would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site. (4) The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity. (5) The size or character of the area or equipment to be screened is such that screening may be ineffective in carrying out the intention of this section. (b) When the acreage of a site is significantly larger than the area proposed for physical improvements or active usage, buffer yards shall be reserved as required by the section. However, to achieve the intent of this section, the administrator may approve an alternative location and design for required screening and plantings. (c) When property lines abut an adjacent jurisdiction, the administrator shall determine the specific screening and buffering requirements along that property line(s) after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the Town. (d) When a site plan is submitted to modify or expand an existing building or site improvements, or accommodate a change in land use, buffer yard and screening requirements shall only be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the administrator. (e) The areas of any required buffer yard shall not be required to exceed fifteen (15) percent of the site proposed for development. In such cases, the administrator shall allow the width or location 9 of certain buffer yards to be reduced or eliminated. The administrator shall require additional landscaping and/or screening within the remaining buffer yards, or elsewhere on the site. (f) No landscaping or screening shall be required which in the opinion of the administrator interferes with traffic safety, or which violates the provisions that govern the establishment of sight triangles. Sec. 6-31. – Credit toward other standards. (a) Buffer yard areas and associated vegetation within such areas may be credited toward compliance with the Canopy coverage requirements in Sec. 6-24, above. 1/14/2022 1 Town of Vinton Zoning Ordinance Update Joint Town Council & Planning Commission Work Session  January 18, 2022 2 Timeline of Events Grass Trees Maintained  Gardens Woodlands Excluding: UDA Final Advisory  Committee Meeting  December 2018 Joint Meeting with  PC/TC  January 2019 2019 Work Sessions  with PC on Z.O.  Revisions Mar., Apr., Jun.,  Oct., Nov., Dec. Staff commence in‐ depth R&D phase  based on PC  feedback 1/14/2022 2 3 Timeline of Events Grass Trees Maintained  Gardens Woodlands Excluding: Online Public Survey  Campaign July ‐August 2020   PC Work Session on  Survey Results Nov. 2020 2nd Phase of ZO  Revisions Nov. 2020 – July  2021 Final PC Work  Session before  Community Meeting July 2021 4 Timeline of Events Grass Trees Maintained  Gardens Woodlands Excluding: Legal Review of the  Entire Draft of ZO  Revisions August 2021 In‐Person  Community Meeting  September 2021 Council/PC Work  Session January 18, 2022 PC and Council  Public Hearings TBD 1/14/2022 3 5 Introduction to Major Subject Areas Major subject areas of focus include •Signage Regulations •Accessory Dwelling Units (ADUs) •Homestays (AirBnB, Vrbo, etc.) •Off‐Street Parking Regulations •Dimensional Regulations (setbacks, building height, etc.) •Proposed New and Revised Use Regulations •Landscaping, Buffering, and Screening Requirements Grass Maintained  Gardens Woodlands Excluding: 6 1/14/2022 4 7 Major Goals of the Revisions •Amend regulations related to temporary signs to align with changes made by the US Supreme Court ruling in Reed v. Town of Gilbert, and promote a greater balance between effective business marketing and efficient enforcement strategies. •Develop new methods of measuring sign area to facilitate the permitting process, while preserving the major tenets set out in the purpose section of the signage ordinance. •Promote contemporary sign types that allow for proactive business promotion and economic growth, while restricting current and new sign types that affect public safety and welfare. •Develop a user-friendly ordinance with tables, graphics, and organized sections that will facilitate the permitting process both for the applicant and Town staff. 8 Section Revisions Overview: •Expanded definition lists •New exemptions and prohibitions of certain sign types •Temporary Sign Regulations •New sign types (both permanent and temporary) •New measuring methodology •Illuminated signs •Obsolete sign removal •Efficient organization and the use of graphics 1/14/2022 5 9 Purpose Statements: Addition of Content Neutrality Language Addition: •“(9) These regulations are not intended to and do not restrict, limit or control the content of any sign message.” Justification:The primary results of the recent U.S. Supreme Court ruling in the Reed case are that local sign regulations must be content-neutral and that a sign code will be subject to “strict scrutiny” judicial review if it applies different standards based on a sign’s content, purpose, or who installs the sign. Given these changes, it is important to keep this overarching goal at the forefront of the Town’s main purposes in regulating signage. 10 Definitions Section Additions and Revisions: Numerous new definitions of a sign, the various types of signs, and factors to be included in the method of measuring the area of signs. Justification:Numerous definitions were added for the first time to further define both current and new sign types. Also, the actual methodology of measuring the area of signs was moved to its own individual section to improve the ordinance’s navigability and provide greater details on the different forms of measurement. Definitions were also added to assist in clarifying the specific types of signs that are either exempted or prohibited by the sign ordinance. 1/14/2022 6 11 Exempted Signs, Displays, and Devices Additions to the exempted sign list include: •On-premises directional signs •Routine sign maintenance and the substitution of messages or parts of the signs designed to be regularly changed. •Uniform road signage - Manual of Uniform Traffic Control Devices (MUTCD) •Wall graphics •Window Covers (vacant/under-construction storefronts) •“Open” and “Closed” Signs •Flags 12 Flags and Flagpoles Proposed regulations: •On a lot developed with a single-family dwelling or two-family dwelling, the height of a flagpole is limited to 30 feet. On a lot developed with a principal use other than a single-family dwelling or two-family dwelling, the height of a flagpole is limited to 60 feet. •Flagpoles, whether freestanding or attached to another structure, shall be located no closer than five feet from any front lot line or street line and are subject to the side and rear setback regulations for accessory structures. •Maximum of three (3) flags are permitted per lot. •The Town Council may approve an increase in flagpole height in accordance with special use permit process. 1/14/2022 7 13 Grand Opening Exemption (Animated Signs) •Animated signs are prohibited based on the current and proposed zoning ordinance. •However, it is proposed to allow the following: •Pennants, streamers, balloons, or other air or gas-filled devices (including one (1) inflatable sign) shall be permitted only for promotion of a new business within the RB, CB, GB, M-1, or M-2 districts, and shall be removed within 14 days after the opening of such business. •For an inflatable sign allowed during this time period, such sign shall be located within 15 feet of a building or designated site entrance that provides access to the use and in no case shall they be located within 15 feet of a street line or property line. 14 Prohibited Sign Additions: “Portable Signs: Portable signs, as defined: Any sign designed and intended to be transported or movable. Such signs are not attached to a building or anchored within the ground and are capable of being moved easily from one location to another on its own chassis or by other means. Portable signs may not be illuminated or include audio equipment. No portable sign may be converted to a permanent sign. A-frame signs and freestanding temporary signs are not included in this category of prohibition. 1/14/2022 8 15 Prohibited Sign Additions: Signs on Vacant Lots Signs on vacant lots Except for lots that are for sale or lease. Justification:Placing a sign conflicts with the very definition of sign in the ordinance. Vacant lots should have no product, activity, service, of business to promote and off-premises signs are prohibited in the town, so there is no purpose for signs on such properties. 16 Prohibited Sign Additions: Mannequin Signs Addition: “Signs placed on mannequins, costumed characters, or similar objects, except in the interior of a building or a window display.” Justification:Traffic and pedestrian safety hazard that have the same issues that arise with portable signs, mentioned above. 1/14/2022 9 17 Proposed Temporary Sign Regulations: Procedures Temporary signs will not require a sign permit as long as they meet the regulations in the ordinance section. No time limit on the signage as long as the regulations are being complied with by the property owner, business owner, or agent. Provisions are specific to certain activities, use types, and sign types. Active enforcement is required to ensure businesses are meeting the regulations. A-frame signs and window signs that meet the regulations are not included in the square footage allowance for each property. 18 Proposed Temporary Sign Regulations: Maximum # and Square Footage For non-residential uses located on a lot with frontage on a public right-of-way, building-mounted and freestanding temporary signs are allowed, not to exceed 24 square feet in total sign area per lot. If freestanding, no more than 2 such signs are allowed per lot with a maximum height of 4 feet (except for feather signs). 1/14/2022 10 19 Temporary Signs on a Lot Developed with a Residential Use Proposed regulations: •Temporary signs on any lot developed with a residential use cannot exceed 12 square feet in total area and a height of 4 feet. Justification:These provisions allow the Town to make the necessary revisions to comply with the changes to nationwide sign regulations caused by the recent Supreme Court ruling. The square footage requirements and height requirements promotes governmental interests related to public health and safety, while allowing residents to express their views and beliefs through this medium. 20 New Sign Measure Rule: Eight (8) Line Rule 1/14/2022 11 21 Window Coverage Regulations •For non-residential uses where permitted, window and glass door signs are permitted as follows: •The total sign display area at a given establishment, including both permanent and temporary window signs, does not cover more than 25 percent of the total window and glass door area on the lot. •Temporary window and glass door signs are not included in the total permanent sign area calculation. •Window signs are prohibited on a floor above the first floor of a building unless the business advertised is only on the floor where the window sign is displayed. 22 New Sign Type: Rooftop Screening Wall Signs •Intent. Allow for signs to be mounted onto rooftop screening walls of establishments in the CB Central Business District in a way that does not distract, confuse, mislead, obstruct vision or create traffic hazards or other hazards to the community. •General Standards: •Only one (1) rooftop screening wall sign shall be allowed per lot; •Such sign shall be counted towards the maximum sign allotment allowed for the applicable use or premises; •The sign must be mounted flat against the wall, and no part of the sign can extend above or beyond the perimeter of the wall; •The sign cannot be installed more than eight (8) feet above the building roof supporting the screening wall measured from the top of the sign; •Such sign shall not be illuminated through any means. 1/14/2022 12 23 Nonconforming Signs, “casualty” Key word change: •“Restoration or removal of damaged signs.Any nonconforming sign damaged to the extent that it represents a public hazard as determined by the building official or zoning administrator, or any nonconforming sign damaged by any casualty to an extent exceeding 50 percent of its replacement cost, shall be removed or made to conform to the provisions of this article. In the case of damage of 50 percent or less of the replacement cost of a nonconforming sign damaged by any casualty, such sign may be restored as before the damage, if such restoration is completed within six months of the damage.” 24 Miscellaneous Signage Revisions Revisions: •Illuminated Signs Additional language concerning the way lighting fixtures that illuminate signs are attached and placed, and/or the intensity of the light level. •Obsolete Signs The proposed defined period of time for a use or an activity to be considered truly vacant or obsolete:two (2) years. 1/14/2022 13 25 Organization and Use of Diagrams Questions? 26 1/14/2022 14 27 28 Potential Benefits of ADUs •Provide elderly populations the capability to age-in-place. •Potential secondary income resources for homeowners. •Long-term cost savings for public utilities through limiting greater suburban sprawl. 1/14/2022 15 29 Types of ADUs 30 Permitted By-Right •Staff recommends that ADUs should be permitted by-right as an accessory use to detached single-family dwelling. •ADUs will only be permitted in the R-LD, R-1, R-2, R-3, and R-B zoning districts. 1/14/2022 16 31 General Standards: Rentability •The property owner shall reside on-site, either in the principal dwelling or in the ADU, during times that the unit is available for rent. 32 ADU Size Requirements •Measurement procedures. For the purpose of determining the size of an ADU, gross floor area includes the area of any basement or cellar having a structural headroom of seven feet or more, but does not include a garage. •The minimum floor area of the ADU shall be three hundred (300) square feet. •For attached or internal ADUs, the floor area of the ADU shall not exceed the lesser of eight hundred (800) square feet or forty (40) percent of the finished floor area of a principal residential use to which it is associated, or The entirety of the basement or cellar may be used, up to the size of the basement or cellar as of the date of the adoption of this ordinance. •For detached ADUs in separate freestanding structures, the floor area of the ADU shall not exceed the lesser of six hundred (600) square feet or forty (40) percent of the finished floor area of a principal residential use to which it is associated, or The entirety of the second floor of an existing freestanding nondwelling accessory structure, up to the size of the second floor area as of the date of the adoption of this ordinance. 1/14/2022 17 33 Town of Vinton, SFR Finished Floor Area Research •Average finished square footage for SFR style housing in Vinton:1,420 s.f. •So, for a lot with the average size SFR home (1,420 s.f.) located on it, the maximum size ADU that could be developed on the property would be: •For attached or internal ADUs, the maximum floor area would be 568 s.f. •For a detached ADU, the maximum floor area would also be 568 s.f. 34 General Standards •The owner must reside on the premises, in either the principal dwelling or the accessory dwelling unit. If an owner will not reside on the property in a way that constitutes their principal residence, then the Planning and Zoning Department must be informed and the owner will not be permitted to rent the accessory dwelling unit during that year. •Only one (1) ADU shall be allowed on any one (1) lot or parcel. •The parcel meets the minimum lot size requirement of the zoning district it is located in. •An accessory structure shall be located behind the front building line of the principal structure and comply with the minimum front yard setback for the underlying zoning district. •An ADU inside or attached to the principal structure shall comply with all applicable zoning requirements for a principal building. •An ADU inside or attached to the principal structure shall comply with all applicable zoning requirements for a principal building. •A detached ADU in a separate freestanding structure shall comply with the applicable zoning requirements of the underlying residential zoning district and the development standards relating to accessory buildings. 1/14/2022 18 35 General Standards: Non-Conforming Lots •Lots that are non-conforming with regard to minimum lot size are eligible for an accessory apartment provided that no additions or changes to the footprint of the existing structure occur. No freestanding structures can be used in the case of this non-conformity. 36 Development Standards •For, detached ADUs: •Front and secondary front yard setback requirements are the same as the primary dwelling unit; and the rear and side setbacks, and separation from other structures are five feet minimum. An ADU is not allowed in front of the primary dwelling unit. •A detached accessory dwelling unit may be located over a garage, workshop, studio or similar structure or built as a free standing cottage. •First floor areas may be used as garages, limited access and limited storage. 1/14/2022 19 37 Development Standards (cont.) •All façades of an attached accessory dwelling shall have similar materials and architectural treatment that are balanced with the main building design and exterior elevation. •Exterior entrances to an accessory dwelling unit in a principal structure shall be located so as to appear as a single family dwelling. The accessory dwelling unit entrance shall be located on the side or in the rear of the single family residence. •One (1) additional unobstructed parking space shall be required for the accessory dwelling unit. •An accessory building in which the accessory dwelling unit is located shall not be separately metered for utilities (water, sanitary sewer, gas, electric, etc.) from the principal single-family detached dwelling. •Use the same driveway as the principal dwelling, unless it is accessed from a right-of-way not used by the principal use (e.g., a rear alley or separate street access on a corner or through-lot). Questions? 38 1/14/2022 20 39 40 Homestay Definition •“Homestay. The accessory or secondary use of a residential dwelling unit or a portion thereof by a host to provide room or space that is intended for short term transient rental purposes in exchange for a charge for the occupancy. The primary use of the homestay unit shall remain residential. For each booking transaction, all applicable taxes must be collected and remitted to the town as required by Chapter 86 by either the host or the associated hosting platform. Such accessory or secondary use shall not create a landlord/tenant relationship.” 1/14/2022 21 41 Registration Requirements •No host occupant shall operate a homestay or advertise a residential property for homestay use without first registering and obtaining a permit for homestay with the town. •The host occupant shall register with the department of finance to collect and remit the town's transient lodging tax and other applicable fees and taxes as set forth in chapter 86, taxation. •The registration shall be valid from January 1st (or from whatever date the registration first occurs) through December 31st of the calendar year, and shall be renewed annually. 42 Use Regulations •The dwelling shall be the principal residence of the host occupant. •Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed fourteen (14) days. The minimum contract rental period for the guest party shall be 24 hours. •The maximum number of adult guests in a homestay unit is limited to six (6) and no more than five (5) sleeping rooms can utilized during any one stay (building code implications). •The principal guest of a homestay unit shall be at least eighteen (18) years of age. •No outdoor signs in conjunction with the homestay shall be displayed on the property. •No RVs, buses, watercraft, personal utility trailers, or recreational equipment trailers shall be parked on the adjoining street or on the property in conjunction with the use. •The garbage and recycling collection schedule and guidelines shall be posted in a prominent location inside the dwelling. •The name and telephone number of the host or the host's designee shall be conspicuously posted within the homestay unit. The host shall answer calls twenty-four (24) hours a day, seven (7) days a week for the duration of each short term rental to address any problems associated with the homestay unit. 1/14/2022 22 43 Safety Regulations •There shall be a working fire extinguisher located in the kitchen. •The unit shall have smoke alarms and carbon monoxide detectors meeting current Underwriters Laboratory standards installed as follows: In all sleeping areas. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. In each story within the sleeping unit, including basements. •Any sleeping area must have one (1) other adequate method of egress beyond the entrance point. •As part of the registration process, the host shall certify that the homestay unit meets the requirements of this section. The registration forms shall also provide that, as part of the registration, the host is agreeing to permit inspections of the home (at reasonable times and after notice has been provided) to address complaints. The failure to permit such an inspection is grounds for registration suspension. 44 Suspension, Cancellation, and Penalties •A registration may be suspended or cancelled for the following reasons: Failure to collect and/or remit the transient occupancy tax. Three or more substantiated complaints within a 12-month period for violations of the Vinton Town Code or the use regulations and safety regulations outlined in this section. The failure of any homestay host to maintain his or her principal place of residence or domicile at the dwelling unit used as a limited residential lodging. •Before any suspension or cancellation can be effective, a duly designated officer of the town shall give written notice to the homestay host. If requested, a hearing shall be held before the town manager or the town manager's designee. It is the burden of the host to demonstrate, by a preponderance of the evidence, why the suspension or cancellation should not go into effect. The decision of the town manager or designee may be appealed to the town council. •Penalty:It shall be unlawful to operate a homestay without registering as required by this article, after a registration has been suspended or cancelled or in violation of any other requirement of this article; the penalty shall be a fine of one thousand dollars ($1,000.00) per occurrence. 1/14/2022 23 Questions? 45 46 1/14/2022 24 47 Refinement of Parking Schedule (Uses) 48 Maximum Motor Vehicle Parking •In order to minimize the adverse impacts caused by improving large areas with impervious surfaces, including increased stormwater run-off, urban heat island effects, and nonpoint source pollution, the total number of motor vehicle parking spaces serving a use identified in the parking requirements table as requiring this maximum shall not exceed 150 percent of the minimum parking standards shown in that same table, unless either of the following apply: Any spaces in excess of 150 percent of the minimum number required are located in a structured parking facility; or A landscape plan that provides additional pervious landscape surfaces and increases stormwater filtration has been reviewed and approved by the Zoning Administrator. •The use of pervious or semi-pervious parking lot surfacing materials—including, but not limited to—pervious asphalt and concrete, open joint pavers, and reinforced grass/gravel/shell grids may be approved for off street parking and loading areas except on industrial and other sites where there is reasonable expectation that petroleum and other chemical products will be spilled, and provided such surfacing is subject to an on-going maintenance program (e.g., sweeping, annual vacuuming). 1/14/2022 25 49 Maximum Motor Vehicle Parking: Scenarios Scenario #1: Small Business Development •New business with a minimum # of off-street parking spaces set at:11 parking spaces •Maximum # of parking spaces= 11 * 1.5= 16.5 ->17 parking spaces Scenario #2: Larger Shopping Center Development •Shopping center with a minimum # of off-street parking spaces set at:200 parking spaces •Maximum # of parking spaces= 200 * 1.5=300 parking spaces 50 Reduction for On-Street Parking •The total number of required off-street parking spaces for a non-residential use as set forth in schedule of parking requirements may be reduced by one (1) space for every twenty (20) feet of lot frontage on a street to the extent that on-street is permitted along the same frontage. The Vinton Public Works Department shall determine if on-street parking is permitted along the said frontage used for this reduction. 1/14/2022 26 51 Reduction for Proximity to Public Transit •Where a use is located within one thousand two hundred (1,200) feet of a public transit route, the total number of required off-street parking spaces, unassigned to specific persons, may be reduced to eighty (80) percent of that otherwise required as set forth in the schedule of parking requirement. For the purpose of this provision, the distance shall be measured from the public transit route to the property line of the use via a normal pedestrian route of travel. 52 Off-Site, Off-Street Parking Arrangements •Required off-street parking spaces shall be located on the same lot or on a contiguous lot under the same ownership as the use for which they are required, provided that spaces for use in the CB, GB, MUD, M-1, or M-2 district, where applicable, may be located off the premises in the form of off-site, off-street parking, when all of the following conditions are met: The parking area within which such parking spaces are provided shall comply with the use regulations and all other requirements of the district in which it is located; All such parking spaces shall be located within 500 feet by normal pedestrian route of a principal entrance to the building they serve. For the purpose of this requirement, the distance from off-street parking spaces to the lot served shall be measured from the nearest parking space to the principal entrance to the building on the lot of the use served; Off-site, off-street parking shall be designated for the purpose of the off-site use it serves and shall not be used to meet the minimum off-street parking requirements of another use, unless the Zoning Administrator determines that the uses for which the off-street parking spaces are designated do not constitute simultaneous use of the parking spaces; 1/14/2022 27 53 Off-Site, Off-Street Parking Arrangements (cont.) The off-site, off-street parking area shall either be owned by the owner of one (1) of the uses or leased for at least a 20-year term or through a permanent easement by the owner of the uses being served; No changes shall be made to the shared parking area which would reduce the parking provided for the uses, unless the owner of one (1) of the uses makes other arrangements to provide parking. No such changes shall be made without Zoning Administrator approval; Handicap parking spaces cannot be shared, unless the uses that are to share the spaces are adjacent to the handicap spaces and no inconvenience to the users of such spaces would be created; Any proposed change in the use of a structure that shares a parking area will require proof that adequate parking is available. Should ownership or lease agreement terminate, the use for which off-site parking was provided shall be considered nonconforming and any and all approvals, including a special use permit, shall be subject to revocation. Continuation or expansion of the use shall be prohibited unless the use is brought into compliance with the parking regulations of this appendix. 54 Maintenance of Parking Areas 1/14/2022 28 Questions? 55 Dimensional Revisions 56 1/14/2022 29 57 R-B Residential-Business Front Yard Setback Reduction Suggested Change: •Reduce the front yard setbacks from 25 feet to 15 feet 58 CB Central Business: Increase Building Height Limit Suggested Change: •Increase the height limit in this district from 35 feet to 45 feet or four (4) stories, whichever is less. 1/14/2022 30 59 CB Central Business: Establish a Maximum Front Yard Setback Suggested Addition: •Establish the front yard setback requirement in the CB District to have a maximum of 15 feet. Questions? 60 1/14/2022 31 61 Multi-Family Development in the R-3 District 62 Dwelling Units (du) per acre Permission Classification  12 or fewer du per acre By Right Between 13 and 24 du per acre Special Use Permit (SUP) 1/14/2022 32 Alternative Financial Institutions 63 •Check cashing primary use •Motor vehicle title lender •Payday lender •Precious metals dealer •Banks •Credit unions •Other financial firms, etc. Alternative Financial Institutions Financial Institutions Massage Parlors v. Massage Clinics •Massage Parlor. Any establishment having a fixed place of businesswhere massages are administered or any establishment holding itselfout through representations of its employees or agents or in anyadvertising medium as a place where massages are administered.This definition shall not be construed to include a hospital, nursinghome, medical clinic or the office of a duly licensed physician,surgeon, physical therapist, chiropractor, osteopath, a massagetherapist who is licensed by the Virginia Board of Nursing, or a barbershop or beauty salon in which massages are administered only to thescalp, face, the neck or the shoulders. •Massage Clinic.An establishment where all active employees aremassage therapists certified by the Virginia Board of Nursing, asevidenced by the holding and continual renewal of a license issuedby the Board, carries out measures prescribed by doctors,chiropractors, and other medical professionals. 64 Adult Use 1/14/2022 33 Counseling Services •Remove SUP stipulation for counseling services and permit it by right as an office use in R- B, GB, and CB. •Definition of “Office” •“Office.An establishment primarily engaged in providing professional, financial, administrative, management, clerical or other services not involving the manufacture, assembly or repair of goods, or the storage or direct transfer of goods to the customer on the premises, except as may be incidental to a service provided on the premises. If the establishment provides counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, or similar conditions, this shall only occur for part of a 24-hour day.” 65 Research And Development Facility •Research and Development Facility. An establishmentwhich engages in research, or research anddevelopment, of innovative ideas in technology-intensive fields. Examples include research anddevelopment of communication systems, alternativeenergy sources, transportation, geographicinformation systems, multi-media and videotechnology. Development and construction ofprototypes may be associated with this use. Excludedfrom this use are any facilities which mass produceone (1) or more products directly for the consumermarket. •Permitted zoning districts include: •General-Business (GB): By-right •Central-Business (CB): By-right 66 1/14/2022 34 Pet Daycare Facility and Animal-related Facilities •Supplemental Regulations for completed enclosed facilities. •Standards in the GB, CB, and MUD Districts: •All facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sound produced by animals kept or treated therein are not audible outside of the building. •These supplemental regulations shall not prohibit the occasional use of outdoors areas for supervised animal relief. 67 Pet Daycare Facility and Animal-related Facilities •Supplemental Regulations for those with outdoor components. •Standards in the GB, M-1, and M-2 Districts: •No facility may be established within 300 feet of a residentially zoned district (R-LD, R-1, R-2, R-3, R-B). •Outdoor play yards shall be screened from view so as not to be visible from any public street or adjacent property. •Any outdoor play yard shall only be used between dawn and dusk for supervised exercise and training use. This shall not prohibit the occasional use of outdoor areas for supervised animal relief outside of these hours. 68 1/14/2022 35 Motor Vehicle Or Trailer Painting And Body Repair •The previous ordinance definition required that certain auto or truck general repair services to attain a special use permit in the GB district due the definition including the following activities: •Installation or removal of engines •Transmissions or other major body or mechanical parts •Body repair •Painting or storage of wrecked vehicles •After further research, it has been found that many of these activities, except body repair, painting, and storage, pose no more risk or potential danger to public health and safety than many of the common functions of a typical auto service center. With this, a new use category will be added that specifically includes the main functions of motor vehicle or trailer painting and body repair. The provisions surrounding wrecked vehicles still stands as this use is only permitted in an automobile graveyard or junkyard. 69 Classification of Breweries, Distilleries, etc. 70 Microbrewery Brewery 1/14/2022 36 Retail Stores and Shops, Boutique Definition •Retail store or shop, boutique.A small-scale (less than two thousand five hundred (2,500) square feet) retail use which offers for sale items of art or crafts, clothing, prepackaged food and beverages, gift bags, limited household supplies and hardware, or which offers for sale items related to a specific theme, e.g., kitchen wares, pet care, Amish products, etc. “Boutique retail stores or shops” shall not include fuel pumps or the selling of fuel for motor vehicles. “Boutique retail stores or shops” shall not include the selling of tobacco products, nicotine vapor products, alcoholic beverages, or lottery tickets or shares. “Boutique retail stores and shops” shall not include a use that offers the sale of antiques as its principal activity. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old. •Permitted zoning districts include: •Residential-Business (R-B): By-Right •General Business (GB): By-Right •Central Business (CB): By-Right 71 Retail Stores and Shops, Large Format Purpose •This was initially proposed by Town staff in 2008 and is a good general practice torequire legislative review and approval of very large and complex developmentprojects in certain zoning districts in a locality. Definition •Retail store or shop, large format.Retail sales uses, including those uses classifiedmore specifically by these use type classifications, located in any newly constructedor enlarged building containing greater than 30,000 square feet of floor areadevoted to retail and related accessory use, whether on a single lot or contiguouslots owned or operated as associated, integrated, or cooperative businessenterprises. Permitted zoning districts include: •General-Business (GB): Special Use Permit •Central-Business (CB): Special Use Permit 72 1/14/2022 37 Mixed-use Building Requirements 73 Drive-up Facilities: Expanded/Refined Regulations 74 1/14/2022 38 Accessory Use Categories: Outdoor Storage & Display 75 Outdoor Display Area Outdoor Storage Area Questions? 76 1/14/2022 39 77 Questions? 78 Meeting Date January 18, 2022 Department Planning and Zoning Issue Briefing on the proposed establishment of Outdoor Refreshment Areas (ORAs) in the Town of Vinton. Summary On July 1, 2021, Virginia ABC replaced the application for Local Special Events (LSE) licenses with Designated Outdoor Refreshment Area (ORA) licenses. As with the LSE license, an ORA license may be issued only to a locality, business improvement district or nonprofit organization and authorizes the consumption of alcoholic beverages within public spaces of the ORA, any permanent retail on-premise licensee that is located within the ORA and any business without a license so long as the business owner agrees. The locality must be part of the discussion of boundaries for the ORA. No more than 16 events of no more than three days per year will be granted ORA licensees unless the locality adopts an ordinance requesting an increase in frequency and duration. The ordinance must specify the size and boundaries of the ORA, a public safety plan and any other considerations deemed necessary by ABC. Attachments 1. Ordinance Draft Recommendations No action required Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, FEBRUARY _____, 2022 AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE amending Chapter 6, Amusements and Entertainments by adding a new Article III, Outdoor Refreshment Areas (ORAs) to the Vinton Town Code. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Chapter 6, Amusements and Entertainments, Article III, Outdoor Refreshment Areas (ORAs) is adopted and enacted as follows: Chapter 6 – AMUSEMENTS AND ENTERTAINMENTS * * * ARTICLE III. – OUTDOOR REFRESHMENT AREAS (ORAs) Sec. 6-29. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Outdoor refreshment area means an area within a locality covering an area of up to one-half square mile that features a combination of dining, entertainment, office, residential, or hotel establishments located in a physically integrated outdoor setting that is or can be made pedestrian friendly. TNC partner means a person authorized by a transportation network company to use a TNC partner vehicle to provide prearranged rides on an intrastate basis in the Commonwealth. TNC partner vehicle means a personal vehicle authorized by a transportation network company and used by a TNC partner to provide prearranged rides on an intrastate basis in the Commonwealth. Sec. 6-30. – Designation of outdoor refreshment areas (ORAs). (a) The Town may designate up to three (3) outdoor refreshment areas within its jurisdictional boundaries. (b) The Town will post appropriate signage that demarcates for the public the boundaries of the outdoor refreshment area. 2 Sec. 6-31. – General regulations. (a) Only alcoholic beverages purchased from permanent retail on-premises licensees located within the designated outdoor refreshment area may be consumed within the outdoor refreshment area, including sidewalks and the premises of businesses not licensed to sell alcoholic beverages at retail, upon approval of such business. Additionally, (1) Such alcoholic beverages shall only be contained in paper, plastic, or similar disposable containers with a maximum capacity of no more than 16 fluid ounces that clearly display the name or logo of the retail on-premises licensee from which the alcoholic beverage was purchased. (b) Alcoholic beverages may only be consumed within an outdoor refreshment area during the hours of _______ p.m. and ________p.m. (c) The consumption of alcoholic beverages is prohibited on the exterior premises of any (i) church, synagogue, mosque, or other place of religious worship or (ii) public, private, or parochial school or an institution of higher education located within the outdoor refreshment area. Sec. 6-32. – Public Safety Plan Adoption. A public safety plan will be established for each outdoor refreshment area within the Town prior to the adoption of this ordinance in order to promote to public safety, health, morals, public convenience, and general prosperity. Such plan shall: (a) Detail local strategies for managing pedestrian and motor vehicle traffic within the outdoor refreshment area; (b) Identify and designate at least one TNC partner vehicle pickup area within or near each outdoor refreshment area to help facilitate efficient and safe travel to and from the outdoor refreshment area; (c) Incorporate local law-enforcement agencies to provide for the safety and welfare of individuals and businesses located within the outdoor refreshment area; and (d) Incorporate local law-enforcement agencies to provide for the safety and welfare of individuals and businesses located within the outdoor refreshment area. State Law reference— Authority of town to create outdoor refreshment areas, Code of Virginia, § 15.2-926.5. This Ordinance adopted on motion made by Council Member ____________________ and seconded by Council Member ____________________, with the following votes recorded: 3 AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 18, 2022 Department Town Clerk Issue Consider approval of minutes of the Regular Meeting of January 4, 2022 Summary None Attachments January 4, 2022 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, JANUARY 4, 2022, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles MEMBERS ABSENT: Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Town Manager Cody Sexton, Assistant Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Police Chief The Mayor called the regular meeting to order at 6:00 p.m. The Town Clerk called the roll with Council Member Liles, McCarty and Mayor Grose present. Council Member Mullins and Council Member Stovall were absent. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ announcements, Vice Mayor McCarty announced the following: January 5 – 1:00 p.m. – Open Ice Skating with Railyard Dogs; January 7 & 8 – 7:30 p.m. - VT Hockey v. Ohio; January 15 – 2:00 p.m. – Railyard Dogs and 7:30 p.m. – ASU – Lancerlot. Council Mem announced January 8-9 – tribute to Elvis – Rosie’s. Vice Mayor McCarty made a motion to approve the Consent Agenda as presented; the motion was seconded by Council Member Liles members voting: Vote 3-0; Yeas (3) – Liles, McCarty, Grose; Nays (0) – None; Absent (2) – Mullins, Stovall. Approved December 7, 2021 Under awards, introductions, presentations and proclamations, Chief Travis Griffith with the Roanoke County Fire & Rescue gave an update 2 Griffith first commented that the merger in 2019 of the Vinton Fire Department with the Roanoke County Fire & Rescue was as flawless as any merger could go and in the Fall of that year the Station. Chief Griffith next commented build a new station in the Bonsack area. They have been fortunate with the assistance of Town Supervisors and County Administration that even through COVID and the ups and downs of the economy, they are not cutting but expanding services. It is in the budget this year to purchase the land and in the CIP for FY2023 to build the station with the hope of staffing and beginning services out of this new Station in 2024. Chief Griffith next commented that they have agreements. Once the agreements are finalized, instead of trucks passing s run calls, those stations will be running calls and the County will also be running calls into the City and Salem. Also, through an RFP process, the department has hired a consultant to assist with developing a strategic plan to include identifying internal and external stakeholders and involving community partners to comprehensive three-five year plan. They will begin meeting in February with a goal to get it implemented and in place the first of July. With regard to the Vinton Station, were ran in 2020 and 2,855 calls were ran in 2021. Vinton is the second b Roanoke County with Cave Springs being first. In response to a question from Council Member Liles on where they are looking to build the Bonsack station, Chief Griffith commented Kroger. Based on data analysis, from the Read Mountain Station, they are reaching 72% of the minutes. Moving down the 460 corridor around Kroger or CVS will get them into the 98-100% range, so it makes sense to put it where they can 3 the Mayor expressed appreciation on behalf of Council for the good report. Anne Cantrell gave the presentation of Certificate of Distinguished Budget Presentation Award for the Fiscal Year beginning July 1, 2021 awarded to the Treasurer/Finance Department Ms. Cantrell commented this is the sixth award that the Town has received and the first submittal was her first year with the Town. receive the award, our budget document has to operations guide and a communications device. Mayor, Council, Town Staff and the Town Clerk for all of their work on the budget and making it possible to receive this award. We received excellent comments this year and look forward to continuing the relatively new tradition. The next item on the agenda was consideration of public Vinton’s FY 2021- funding for eligible expenditures on multi-year expenditures in the amount of $2,750,167.73. The Mayor opened p.m. Anne Cantrell commented the primary purpose of the Public Hearing is to appropriate funding for years and for repair, grant match and other small items such Section 15.2-2507 of the 1950 Code of Virginia requires any locality to hold a Public Hearing in order to amend its budget when the amendment exceeds 1% of total expenditures. Public Hearing at 6:23 p.m. Council Member Liles made a motion to adopt the Resolution as presented seconded by Vice Mayor McCarty and carried by the following roll call voting: Vote 3-0; Yeas (3) – Grose; Nays (0) – None; Absent (2) – Mullins, Public Hearing opened Public Hearing closed Adopted Resolution No. 2469 amending the Town of Vinton’s FY 2021- appropriate funding for eligible expenditures on multi-year grants, paving, capital projects, and 4 The next item on the agenda was a briefing on a proposed Parking a Contribution Agreement between the Town and Thrasher Memorial United Methodist Church maintenance of their parking lot since it is utilized events. We also have an equitable relationship Church for the use of their parking lot for various Town sponsored festivals and events. It seemed Thrasher. The Board of Directors has reviewed and approved the draft agreement for use of the parking lot as long as it does not interfere with existing church activities. This matter will be brought back to Council for their consideration at the January 18, 2022 meeting. The Town Manager gave updates on the following: the analysis of Mountain View Road for potential reconstruction is on-going; contract has been signed for the 3rd project with work to begin soon; design work is being done for some on-going repairs to the Garthright Bridge; the 1st signal for 3rd Street should be coming in soon. The Town Manager also commented that Phase Accommodations Improvements is getting ready to go out for bid. This is the section from 5th Street to the Town limit, which is million grant funded project. Staff will be address will be in early March. Anne Cantrell, Cody Sexton and the Town Clerk have already been doing a lot of work on documents. The Mayor planning ahead on such projects as the 3rd Street pump station upgrade and the Garthright bridge happens. In response to a question from Council Member rd 5 Station would work, the Town Manager commented there are four pumps and one will be taken off-line at a time as they pump. The new pumps will actually create more efficiency and there is the potential that the two new ones might suffice instead of having four. Under reports from Council Committees, Anne Cantrell first commented that the Finance Committee met on December 6 Committee received the audit presentation from Brown Edwards, which was given to Council at their December 7, 2021 meeting. They reviewed the October 31, 2021 Financial Statements, the grant fund rollover that was approved earlier in the meeting and the FY2023 Budget Calendar. Ms. Cantrell next commented that the October financial statement continues to show favorable performance but this is primarily because capital projects are utilizing fund balance from last year. Revenues currently out-performing budget include personal property tax, business license, pari-mutuel tax, meals tax, cigarette tax, War Memorial rentals, recoveries and rebates and State sales tax. The Utility fund also had a favorable billing revenue balance of $130,000. The overall fund is short anticipated use of fund balance. As of October 31, 2021, cash on hand across all investments on hand at $3.3 million. Restricted cash funds were $4.7 million or about 36% of our cash and investments on hand. Vice Mayor McCarty made a motion to approve the October 31, 2021 presented; the motion was seconded by Council Member Liles and carried by the following vote, with all members voting: Vote 3-0; Yeas (3) – Liles, McCarty, Grose; Nays (0) – None; Absent (2) – Mullins, Stovall. Report Council Members commented on the new Christmas lights throughout the Town, the 2022 Town calendar and the success of the Employee Holiday Luncheon and the Santa Crawl on th 6 The Mayor commented on the recent RND Coffee ribbon cutting they did during the recent snow event. He also commented on the recent opening of the Rosie’s expansion families of Steve Lonker and Nick Peters. Council Member Liles Roanoke County Administrator and that he has been a lot of help to the Town. The Mayor commented that we are going to invite him to a meeting to be recognized by Council. adjourn the meeting; the motion was seconded by Vice Mayor McCarty following vote, with all members voting: Vote 3- 0; Yeas (3) – Liles, McCarty, Grose; Nays (0) – None; Absent (2) – Mullins, Stovall. The meeting APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 18, 2022 Department Public Works Issue Consider adoption of a Resolution appropriating funds in the amount of $393.30 received for scrap metal to the Public Works budget. Summary A check for $393.30 has been received from D. H. Griffin Wrecking Co., Inc. and deposited in Revenue Account 200.1901.001 Recoveries and Rebates. The check for $393.30 is for scrap metal from the Public Works Department. It is necessary to appropriate the $393.30 to Public Works Administration Operating Budget Account Number 200.1221.350, Maintenance and Repairs Building. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 18, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton had scrap metal from the Public Works Department through D. H. Griffin Wrecking Co., Inc.; and WHEREAS, the revenue received from the scrap metal has been received into the Revenue Account 200.1901.001– Recoveries and Rebates in the amount of $393.30; and WHEREAS, in order that the money can be used for building needs and repair work in the Public Works Department, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Public Works Administration Operating Budget Account Number 200.1221.350, Maintenance and Repairs Building. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: 200.25100 Appropriations $393.30 200.25000 Estimated Revenue $393.30 FROM REVENUE: 200.1901.001 Recoveries and Rebates $393.30 TO EXPENDITURE: 200.1221.350 Maintenance & Repair Building $393.30 This Resolution adopted on motion made by Council Member______ , seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 18, 2022 Department Administration Issue Vinton First Aid Crew Report Summary Chris Sayre, Chief of the Vinton First Aid Crew, will be at the meeting to give this report. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 18, 2022 Department Administration Issue Vinton Historical Society/Vinton Museum Report Summary Randy Layman, President of the Vinton Historical Society, will be at the meeting to give this report. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 18, 2022 Department Vinton War Memorial Issue Consider adoption of a Resolution appropriating funds in the amount of $500.00 received from AMVETS to the Vinton War Memorial Operating Supplies Account Summary AMVETS made a donation to the Vinton War Memorial in the amount of $500.00. The donation has been received into the Donations for Veterans Monument Revenue Account and needs to be appropriated to the Vinton War Memorial Operating Supplies Account. The Finance Committee reviewed this request at their January 10, 2022 meeting and recommends Council approval. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 18, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, AMVETS made a donation to the Vinton War Memorial in the amount of $500.00; and WHEREAS, the donation has been received into the Donations for Veterans Monument Revenue Account and needs to be appropriated to the Vinton War Memorial Operating Supplies Account. NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Vinton, Virginia does herby approve the following transaction: BUDGET ENTRY GENERAL LEDGER 200.25100 Appropriations $500.00 200.25000 Estimated Revenue $500.00 FROM REVENUE: 200.1899.027 Donations for Veterans Monum $500.00 TO EXPENDITURE: 200.7103.551 Other Operating Supplies $500.00 This Resolution adopted on motion made by ____________________, seconded by ___________________ with the following votes recorded: AYES: NAYS: APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 18, 2022 Department Administration Issue Consider adoption of a Resolution approving an annual payment of $500.00 and authorizing the Town Manager to execute a Parking and Maintenance Contribution Agreement between the Town and Thrasher Memorial United Methodist Church Summary The Town has worked closely with Thrasher Memorial United Methodist Church to have their parking lot available to the public for various Town sponsored festivals and special events. To this end, the Town will provide a financial contribution to assist cost of resealing, restriping, and maintaining the parking lot. As proposed, the Town would contribute an annual payment of $500.00 to assist with said parking lot maintenance. Council was briefed on this matter at their January 4, 2022 meeting. Attachments Parking and Maintenance Agreement Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 PARKING AND MAINTENANCE CONTRIBUTION AGREEMENT THIS AGREEMENT is entered into this 1st day of January, 2022 (“Effective Date”), by and between the TOWN OF VINTON (hereinafter, "TOWN"), 311 South Pollard Street, Vinton, VA 24179 and the THRASHER MEMORIAL UNITED METHODIST CHURCH, (hereinafter, "CHURCH"), 707 E. Washington Avenue, Vinton, VA 24179. WITNESSETH: WHEREAS, the TOWN has requested permission for the public to use the CHURCH’s parking lot located at 707 E. Washington Avenue in the Town of Vinton for public parking for various TOWN sponsored Festivals and Special Events; and WHEREAS, the CHURCH agreed to allow its private parking lot to be used for public parking for the aforementioned purposes when the use does not conflict with other church activities; and WHEREAS, in consideration of this agreement with the CHURCH, the TOWN agreed to contribute towards the annual maintenance and up-keep of the parking lot; NOW, THEREFORE AND IN CONSIDERATION of the above, the parties memorialize their agreement as follows: 1. PARKING. CHURCH shall allow the general public to use its private parking lot at 707 E. Washington Avenue in the Town of Vinton for parking associated with various TOWN sponsored Festivals and Special Events. TOWN shall provide CHURCH with reasonable notice of TOWN sponsored Festivals and Special Events where parking at the CHURCH will be required. Within seven (7) days of receiving notice from the TOWN about TOWN sponsored Festivals and Special Events, CHURCH shall advise TOWN if there is any conflict with any CHURCH activity that would limit parking for any of those Festivals and Special Events. 2. PARKING LOT MAINTENANCE ASSISTANCE. TOWN agrees to pay CHURCH an annual fee of Five Hundred Dollars and No/100 ($500.00) to assist with the cost of resealing, restriping, and maintaining the CHURCH parking lot. 3. TERM OF AGREEMENT. This Agreement will commence on the Effective Date listed above and shall continue for a period of thirty (30) months thereafter (“Termination Date”). Unless either party gives the other party written notice of termination as provided in Section 6, this Agreement shall automatically renew thereafter for successive one-year renewal terms. 2 4. INSURANCE. TOWN shall carry public liability insurance for its sponsored activities and name the CHURCH as additional insured. 5. ENTIRE AGREMENT. This Agreement contains the entire agreement between the parties and may be changed only by a written amendment, signed by both parties. This Agreement shall be governed by the laws of the Commonwealth of Virginia. It shall not be assigned by Lessee without the prior written approval of Lessor. 6. TERMINATION. Either party may terminate this Agreement by giving the other party written notice at least thirty (30) days prior to the Termination Date of this Agreement or prior to the expiration of any subsequent renewal term. 7. NOTICES. All notices pertaining to this Agreement shall be in writing and shall be transmitted either by personal hand delivery or through the U.S. Postal Service by certified mail, return receipt requested. The addresses set forth above for the respective parties shall be the places where notices shall be sent, unless written notice of a change of address is given. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed this ________ day of _______________, 2022. TOWN OF VINTON THRASHER MEMORIAL UNITED METHODIST CHURCH ___________________________________ ___________________________________ By: Richard W. Peters, Jr. By Its: Town Manager Its:________________________________ APPROVED AS TO FORM: ____________________________________ Town Attorney RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 18, 2022 AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, for many years, the Town of Vinton (“Town”) has worked closely with Thrasher Memorial United Methodist Church (“Church”) to use the Church’s parking lot at 707 E. Washington Avenue for public parking for various Town sponsored Festivals and Special Events; and WHEREAS, because of the Town’s use of said parking lot, the Town will make a financial contribution to assist with the cost of resealing, restriping, and maintaining the parking lot; and WHEREAS, the Town has agreed to pay the Church an annual fee to assist with said parking lot maintenance in the amount of $500.00; and WHEREAS, Town staff recommends that a Parking and Maintenance Contribution Agreement be executed to formalize said agreement between the parties and that said Agreement have an effective date of January 1, 2022. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the payment of $500.00 to the Church and authorizes the Town Manager to execute the Parking and Maintenance Contribution Agreement as presented to Council and approved as to form by the Town Attorney. This Resolution adopted on motion made by _______________________, seconded by _______________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk 1 Meeting Date January 18, 2022 Department Council Issue Appointments to Boards/Commissions/Committees Summary Council needs to make appointments to the following: Western Virginia Regional Industrial Facility Authority Mayor Grose and Cody Sexton’s terms expire on February 3, 2022. Council needs to re-appoint them to new four year terms beginning February 4, 2022 and ending February 3, 2026. Attachments None Recommendations Nominate and motion to appoint individuals Town Council Agenda Summary Meeting Date January 18, 2022 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on January 10, 2022 and the following items were discussed at the meeting: • November 30, 2021 Financial Statements • Scrap Metal Resolution • AMVETS Donation Resolution • SLAF Grant Resolution • 2016 Write-Offs for Tax and Utility Attachments November 30, 2021 Financial Report Summary Recommendations Motion to approve November 2021 Financial Report Town Council Agenda Summary Financial Report Summary November 30, 2021 Budget Budget Posted Posted Balance YTD General Fund 200 Revenues 8,032,258 2,197,198 568,879 2,680,853 483,654 122% Expenditures 8,032,258 3,613,002 754,731 2,944,558 (668,445) 81% Revenues over/(under) Expenditures (1,415,804) (185,852) (263,705) Grant Fund 250 Revenues 384,800 397,744 3,928,587 4,210,675 3,812,932 1059% Expenditures 384,800 393,344 17,382 126,510 (266,835) 32% Revenues over/(under) Expenditures 4,399 3,911,205 4,084,165 Utility Fund 300 Revenues 4,513,595 1,630,639 123,987 1,728,513 97,874 106% Expenditures 4,513,595 2,388,734 211,032 1,777,440 (611,294) 74% Revenues over/(under) Expenditures (758,095) (87,045) (48,927) Capital Fund 400 Revenues 835,000 1,387,298 45,833 229,167 (1,158,131) 17% Expenditures 835,000 1,421,211 96 470,567 (950,644) 33% Revenues over/(under) Expenditures (33,913) 45,737 (241,400) Stormwater Fund 600 Revenues 414,328 172,568 34,527 172,637 69 100% Expenditures 414,328 161,225 36,486 167,515 6,290 104% Revenues over/(under) Expenditures 11,342 (1,959) 5,121 Total All Funds Revenues 14,179,981 5,785,447 4,701,814 9,021,844 3,236,397 156% Expenditures 14,179,981 7,977,517 1,019,727 5,486,590 (2,490,927) 69% Revenues over/(under) Expenditures (2,192,070) 3,682,087 3,535,254 Meeting Date January 18, 2022 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on January 12, 2022 and the following items were discussed at the meeting: • Signal Updates • Hardy Road Street Light Update • Meter Project Update • Private Stormwater Infrastructure Repair (Shepherd) • Mountain View Road Update • CIP Budget Requests Attachments None Recommendations No action required Town Council Agenda Summary