HomeMy WebLinkAbout12/17/2019 - Regular1
Vinton Town Council
Regular Meeting
Tuesday, December 17, 2019
NOTICE – IN ANTICIPATION OF LARGE ATTENDANCE, THE MEETING WILL BE HELD AT
THE VINTON WAR MEMORIAL, 814 WASHINGTON AVENUE
AGENDA
Consideration of:
A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
• VINTON TOWN COUNCIL
• VINTON PLANNING COMMISSION
B. MOMENT OF SILENCE
C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS
E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS
F. CONSENT AGENDA
G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions
for issues not listed on the agenda.
I. JOINT PUBLIC HEARINGS WITH VINTON PLANNING COMMISSION
1. Consideration of public comments regarding a Special Use Permit (SUP) Request of Bank
of Botetourt for a Drive-Up/Drive-Thru Facility in Conjunction with their Proposed Bank
Building, located at 410 S. Pollard Street, Tax Map Number 060.16-09-01.00, Zoned CB
Central Business District
a. Open Public Hearing
• Report from Staff – Nathan McClung
• Receive public comments
• Council/Planning Commission discussion and questions
b. Close Public Hearing
c. Planning Commission to make a recommendation
d. Council to consider adoption of an Ordinance
Keith N. Liles, Vice Mayor
Sabrina McCarty, Council Member
Janet Scheid, Council Member
Michael W. Stovall, Council Member
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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2. Consideration of public comments regarding a proposed Ordinance to amend Appendix B,
Zoning, Article IV, District Regulations, Division 1, R-LD Residential Low Density District,
Section 4-2; Division 2, R-1 Residential District, Section 4-7; Division 3, R-2 Residential
District, Section 4-12; Division 4, R-3 Residential District; Section 4-17; Division 5, R-B
Residential Business District, Section 4-23; Division 6, GB General Business District,
Section 4-29; Division 7, CB Central Business District, Section 4-34; Division 8, M-1
Limited Industrial District, Section 4-40; Division 14, Mixed Use Development District
(MUD) District, Section 4-86; Article V, Supplementary Regulations, Division 9,
Telecommunication Facilities, Sections 5-61 through 5-66; Article VI, Nonconforming
Uses, Features, Structures and Lots, Section 6-12; Article VII, Administration &
Enforcement, Division 3, Site Plan Review, Sections 7-17 through 7-22, Section 7-25
through 7-26 and Article X, Definitions, Section 10-2 of the Vinton Town Code.
a. Open Public Hearing
• Report from Staff – Anita McMillan/Mike Lockaby
• Receive public comments
• Council/Planning Commission discussion and questions
b. Close Public Hearing
c. Planning Commission to make a recommendation
d. Council to consider adoption of an Ordinance
J. ADJOURNMENT OF THE PLANNING COMMISSION
K. TOWN ATTORNEY
L. TOWN MANAGER
1. BRIEFINGS
2. ITEMS REQUIRING ACTION
a. Consider adoption of an Ordinance to amend Chapter 82, Streets, Sidewalks, and
Other Public Places, Article I, In General, Sections 82-17 and 82-18, add a new
Section 82-19 and add a new Article V, Mopeds, Bicycles and Electric Power-
Assisted Bicycles, Scooters, and Skateboards to the Vinton Town Code – Nathan
McClung
b. Consider adoption of a Resolution declaring the Town of Vinton a Second
Amendment Sanctuary Town
3. COMMENTS/UPDATES
M. REPORTS FROM COUNCIL COMMITTEES
N. MAYOR
O. COUNCIL
P. ADJOURNMENT
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NEXT TOWN COUNCIL/COMMITTEE MEETINGS:
January 7, 2020 – 7:00 p.m. – 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
December 17, 2019
Department
Planning and Zoning
Issue
Consideration of public comments regarding a Special Use Permit (SUP) Request of Bank of Botetourt
for a Drive-Up/Drive-Thru Facility in Conjunction with their Proposed Bank Building, located at 410 S.
Pollard Street, Tax Map Number 060.16-09-01.00, Zoned CB Central Business District
Summary
On August 12, 2019, Town staff was approached by a potential purchaser of the subject property with
questions regarding the potential use and access for a drive thru window in conjunction with a permitted
use to be developed within the CB District. The party also inquired about the potential of allowing a
private property owner to utilize a public alley for access to this drive-up facility.
On October 7, 2019, the Bank of Botetourt sent a letter of mutual understanding to confirm the Town’s
support of the Bank’s proposed on-street parking on South Pollard Street and the Bank’s non-exclusive
use of the existing alley located to the south of the property and parallel to East Cleveland Avenue. A
schematic site plan was submitted as an illustrative tool to detail these proposed improvements and the
general layout of the development.
On October 24, 2019, Town staff sent a letter to the attorney of the Bank of Botetourt supporting the
Bank’s non-exclusive use of the existing alley with the request that this alleyway be upgraded to support
heavy traffic use and the loading/unloading functions of commercial vehicles. The request only covered
the portion of the alley to be utilized by their consumer base and clientele, rather than the full extent of
this alleyway. This same letter detailed the requirement of a Special Use Permit (SUP) for drive-up
facilities in conjunction with any permitted use in the CB District. The Bank’s application for this permit
was submitted on November 6, 2019 via email.
Town Council was briefed on this request at the Council meeting held on December 3, 2019.
Attachments
Staff Report and supporting documents
Ordinance
Recommendations
Conduct Public Hearing
Motion to adopt Ordinance
Town Council
Agenda Summary
STAFF REPORT
PETITIONER: Bank of Botetourt PREPARED BY: Nathaniel McClung
CASE NUMBER: 19-001 DATE: November 13, 2019
A. NATURE OF REQUEST
The Bank of Botetourt requests a Special Use Permit (SUP) for a drive-up/drive-thru facility in conjunction
with their proposed bank building, which is a permitted use and structure by right, located at 410 South
Pollard Street, tax map number 060.16-09-01.00, zoned CB Central Business District.
B. APPLICABLE REGULATIONS
Article IV, District Regulations, of Appendix B, Zoning, of the Town Code
Division 7, CB Central Business District
The intent of the CB district is to provide for the day-to-day and specialty shopping and service needs of the
community. It is intended to be a compact, densely developed and well-defined area having a strong
pedestrian orientation and urban shopping area character that is compatible with adjacent residential
neighborhoods. The permitted uses and regulations of the district are intended to promote an attractive
pedestrian environment with retail, personal service and office establishments at street level and with
minimal disruption from vehicle-oriented land uses and features that would detract from a safe, convenient
and economically viable pedestrian environment. The district is intended to promote continuity of a
storefront character with minimum interruption by driveways and vehicle traffic across public sidewalk
areas. The district regulations are also intended to preserve the predominant scale of the central business
area, promote retention and appropriate use of existing structures and encourage that new development be
compatible with the area.
§ 4-34 (a). Permitted uses and structures.
(3) Banks and other financial services.
§ 4-34 (b), Special Uses. The following uses and structures are permitted in the CB central business district,
subject to approval of a special use permit by the town council as set forth in article VII of this appendix:
(3) Drive-up facilities in conjunction with any use permitted in this district.
C. ANALYSIS OF EXISTING CONDITIONS
Background – On August 12, 2019, Town staff were approached by a potential purchaser of the subject
property with questions regarding the potential use and access for a drive thru window in conjunction with a
permitted use to be developed within the CB District. The party also inquired about the potential of allowing
a private property owner to utilize a public alley for access to this drive-up facility.
On October 7, 2019, the Bank of Botetourt sent a letter of mutual understanding to confirm the Town’s
support of the Bank’s proposed on-street parking on South Pollard Street and the Bank’s non-exclusive use
of the existing alley located to the south of the property and parallel to East Cleveland Avenue. A schematic
site plan was submitted as an illustrative tool to detail these proposed improvements and the general layout
of the development.
On October 24, 2019, Town staff sent a letter to the attorney of the Bank of Botetourt supporting the Bank’s
non-exclusive use of the existing alley with the request that this alleyway be upgraded to support heavy
traffic use and the loading/unloading functions of commercial vehicles. The request only covered the portion
of the alley to be utilized by their consumer base and clientele, rather than the full extent of this alleyway.
This same letter detailed the requirement of a Special Use Permit (SUP) for drive-up facilities in conjunction
with any permitted use in the CB District. The Bank’s application for this permit was submitted on
November 6, 2019 via email.
Location – 410 South Pollard Street, Portion of Lot 6, Sycamore and 1st Smith Land Subdivision.
Topography/Vegetation – The existing structure is located on a level lot. The corner lot is composed mostly
of impervious surface, but the conceptual site plan details the future use of landscaping elements.
Adjacent Zoning and Land Uses – The surrounding properties to the north, east, and south of the property are
all zoned CB central business. The properties to the north include the Vinton Municipal Building and the
Vinton Branch Library. The property to the east includes a pharmacy and restaurant. The properties to the
south include a church and miscellaneous personal service and retail uses. The property to the west, across
South Pollard Street, is zoned GB General Business and is the location of a medical facility.
D. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture - The current property has contiguous means of entry along both South Pollard
Street and East Cleveland Avenue, and a rear entrance accessed from an alley. The existing structure is to be
demolished and a new structure is to be constructed on the property. The new building will be approximately
2,460 square feet, including an ATM and remote teller. The Petitioner has indicated the location of five (5)
standard parking spaces and one (1) accessible parking space. Approximately .059 acre will also be acquired
from Cundiff’s Properties, to the east, to accommodate the improvements.
Site Access – 10’ one-way alley accessed from South Pollard Street. Handicap parking accessed from East
Cleveland Avenue. On-street parking located along South Pollard Street.
Utilities – Public water and sewer services are available and the existing structure is served by public water
and sewer services.
E. COMPREHENSIVE PLAN/FUTURE LAND USE
The 2004 – 2024 Town Comprehensive Plan designates this property and the surrounding properties as
retail/service commercial land use area.
F. STAFF CONCLUSION
The proposed use as indicated in the special use permit application is consistent with the general
characteristics of the Downtown corridor and the intent of the CB Central Business District. Staff would
like to state that, with a special use permit request, the Planning Commission and Town Council are given
the opportunity to review the proposed request and impose such conditions as reasonably necessary to ensure
the use will be compatible with the surrounding area and consistent with the purposes of the Zoning
Ordinance.
Special Use Permit Application
Town of Vinton, Virginia
Department of Planning and Zoning
Mailing Address:311 S. Pollard Street, Vinton, VA 24179 Phone: 540-983-0605 Fax: 540-983-0621
Website: https://www.vintonva.gov
Property Address: ____________________________________________ Current Zoning: _______________
Tax Map ID #: _______________________________________________ Magisterial District_______________
Subdivision: ___________________________________ Lot: _______ Block: _______ Section: _______
OFFICE USE
Size of the parcel(s): ____________ AC ______________ Sq. ft.
Existing Land use:
Future Land use:
PC Date: TC Date:
Owner:Phone:
Address: Fax:
Email:
City/State/Zip:Owner’s Signature
Applicant: Phone:
Address: Fax:
Email:
City/State/Zip:
Representative: Phone:
Address: Fax:
Email:
City/State/Zip:
To be submitted as part of this application:
Attach Concept Plan of the proposed project. Plan must be 8 ½Plan shall show boundaries and dimensions of
property; location, widths, and names of all existing or platted streets within or adjacent to the development; all buildings,
existing and proposed, dimension, floor area and heights; dimensions and location of all driveways, parking spaces and loading
spaces; existing utilities (water, sewer) and connections at the site; landscaping and the like. Architect’s sketches showing
elevations of proposed buildings and complete plans are desirable and if available, should be filed with application.
Please submit any proffered conditions at the site and show how they are addressed.
The Planning Commission will study the special use permit request to determine the need and justification for the change in
terms of public health, safety, and general welfare. Please answer the following questions
1 of 2
Please answer all three questions as completely as possible. Attach additional pages if necessary.
1.Describe briefly the type of use and improvements proposed. State whether new buildings are to be
constructed, existing buildings are to be used, or additions made to existing buildings.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
2.Why does applicant believe the location of the use in question on the particular property is essential
or desirable for the public convenience or welfare and will not be detrimental to the immediate
neighborhood?
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
3.Please describe the impact of the request on the property itself, the adjoining properties, and the
surrounding area, as well as the impacts on public services and facilities, including water/sewer,
roads, schools, parks/recreation, and fire/rescue.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
I hereby certify that I am the owner of the property or the owner’s agent or contract purchaser and am
acting with the knowledge and consent of the owner.
Owner’s/Authorized Agent: ____________________________________________________________
2 of 2
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, DECEMBER 17, 2019, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE to approve the petition of the Bank of Botetourt for a Special Use Permit (SUP)
for a Drive-Up/Drive-Thru Facility in Conjunction with their Proposed Bank Building, located at
410 S. Pollard Street, Tax Map Number 060.16-09-01.00, Zoned CB Central Business District.
WHEREAS, on November 14, 2019, at a scheduled lunch work session, members of the
Planning Commission were briefed on the SUP request; and
WHEREAS, on December 2, 2019, a letter was mailed to surrounding property owners notifying
them of the SUP request and informing them of the dates and times of the joint
public hearing of the Planning Commission and Town Council; and
WHEREAS, on December 3, 2019, at the regularly scheduled meeting of Town Council, the
Council members were briefed on the SUP request; and
WHEREAS, the Planning Commission and the Town Council held a joint public hearing on
December 17, 2019, after giving notice in accordance with §15.2-2204, Code of
Virginia, as amended.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia, that
the petition of the Bank of Botetourt for a Special Use Permit (SUP) for a Drive-Up/Drive-Thru
Facility in Conjunction with their Proposed Bank Building, located at 410 S. Pollard Street, Tax
Map Number 060.16-09-01.00, Zoned CB Central Business District be approved.
This Ordinance adopted on motion made by Council Member ________________ and seconded
by Council Member ____________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
__________________________________
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, CMC, Town Clerk
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Meeting Date
December 17, 2019
Department
Planning and Zoning/Town Attorney
Issue
Consideration of public comments regarding a proposed Ordinance to amend Appendix B, Zoning,
Article IV, District Regulations, Division 1, R-LD Residential Low Density District, Section 4-2;
Division 2, R-1 Residential District, Section 4-7; Division 3, R-2 Residential District, Section 4-
12; Division 4, R-3 Residential District; Section 4-17; Division 5, R-B Residential Business
District, Section 4-23; Division 6, GB General Business District, Section 4-29; Division 7, CB
Central Business District, Section 4-34; Division 8, M-1 Limited Industrial District, Section 4-40;
Division 14, Mixed Use Development District (MUD) District, Section 4-86; Article V,
Supplementary Regulations, Division 9, Telecommunication Facilities, Sections 5-61 through 5-
66; Article VI, Nonconforming Uses, Features, Structures and Lots, Section 6-12; Article VII,
Administration & Enforcement, Division 3, Site Plan Review, Sections 7-17 through 7-22, Section
7-25 through 7-26 and Article X, Definitions, Section 10-2 of the Vinton Town Code.
Summary
On November 5, 2019 Council was briefed by Michael Lockaby, a law partner of Jeremy Carroll,
Town Attorney, on Cox Communications’ request to use the Town’s public rights-of-way and
Town-owned facilities such as street lights and traffic signal poles for their small cell facilities.
The Planning Commission held its work session on the proposed wireless facilities regulations on
Thursday, November 14, 2019.
A Request for Proposals (RFP) for a non-exclusive, long-term franchise to use and occupy the
Town’s public rights-of-ways for the purpose of constructing, installing, and maintaining wireless
communication facilities and infrastructure was advertised in The Vinton Messenger.
At the December 3, 2019 Council meeting, the bid opening was held and only one bid was received
from Cox Communications. At that meeting, Mr. Lockaby also briefed Council on the proposed
Town Council
Agenda Summary
2
changes to Appendix B, Zoning of the Town Code in order for the Town to be in compliance with
the current State Code and the Federal Communications Commission (FCC) regulations.
Requirements pertaining to the removal of the abandoned wireless facilities and wireless support
structures on private property has been added to the ordinance. Removal requirements for wireless
facilities and wireless support structures on public properties and/or public right-of-way, will be
incorporated in the franchise agreement between the town and the telecommunication services
provider.
Planning and Zoning staff will be completing a draft of Design Guidelines and will brief members
of the Planning Commission and Council at a Council meeting in January of 2020.
Attachment
Ordinance
Recommendations
Conduct Public Hearing
Motion to adopt Ordinance
1
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, DECEMBER 17, 2019 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE amending Appendix B, Zoning, Article IV, District Regulations, Division 1,
R-LD Residential Low Density District, Section 4-2; Division 2, R-1 Residential District, Section
4-7; Division 3, R-2 Residential District, Section 4-12; Division 4, R-3 Residential District;
Section 4-17; Division 5, R-B Residential Business District, Section 4-23; Division 6, GB General
Business District, Section 4-29; Division 7, CB Central Business District, Section 4-34; Division
8, M-1 Limited Industrial District, Section 4-40; Division 14, Mixed Use Development District
(MUD) District, Section 4-86; Article V, Supplementary Regulations, Division 9,
Telecommunication Facilities, Sections 5-61 through 5-66; Article VI, Nonconforming Uses,
Features, Structures and Lots, Section 6-12; Article VII, Administration & Enforcement, Division
3, Site Plan Review, Sections 7-17 through 7-22, Section 7-25 through 7-26 and Article X,
Definitions, Section 10-2 of the Vinton Town Code.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton
amendments to Appendix B, Zoning, Article IV, District Regulations, Division 1, R-LD
Residential Low Density District, Section 4-2; Division 2, R-1 Residential District, Section 4-7;
Division 3, R-2 Residential District, Section 4-12; Division 4, R-3 Residential District; Section 4-
17; Division 5, R-B Residential Business District, Section 4-23; Division 6, GB General Business
District, Section 4-29; Division 7, CB Central Business District, Section 4-34; Division 8, M-1
Limited Industrial District, Section 4-40; Division 14, Mixed Use Development District (MUD)
District, Section 4-86; Article V, Supplementary Regulations, Division 9, Telecommunication
Facilities, Sections 5-61 through 5-66; Article VI, Nonconforming Uses, Features, Structures and
Lots, Section 6-12; Article VII, Administration & Enforcement, Division 3, Site Plan Review,
Sections 7-17 through 7-22, Section 7-25 through 7-26 and Article X, Definitions, Section 10-2 of
the Vinton Town Code are adopted and enacted as follows:
APPENDIX B. – ZONING
* * *
ARTICLE IV. – DISTRICT REGULATIONS
DIVISION 1 – R-LD RESIDENTIAL LOW DENSITY DISTRICT
* * *
Sec. 4-2. – Permitted uses and structures.
* * *
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(b) Special uses. The following uses and structures are permitted in the R-LD residential
lowdensitylow density district, subject to approval of a special use permit by the town
council as set forth in article VII of this appendix:
(1) Bed and breakfast establishments.
(2) Cemeteries.
(3) Fire stations and rescue squad facilities.
(4) Golf courses and country clubs, including accessory facilities for the sale and serving
of food and beverages and the sale of golfing equipment and supplies.
(5) Major public utilities.
(6) Antennas and any related unmanned equipment buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
(7)(6) Home occupations for personal service businesses.
(8)(7) Family day care homes.
* * *
DIVISION 2 – R-1 RESIDENTIAL DISTRICT
* * *
Sec. 4-7. – Permitted uses and structures.
* * *
(b) Special uses. The following uses and structures are permitted in the R-1 residential
district, subject to approval of a special use permit by the town council as set forth in
article VII of this appendix:
(1) Bed and breakfast establishments.
(2) Cemeteries.
(3) Fire stations and rescue squad facilities.
(4) Major public utilities.
(5) Antennas and related unmanned equipment buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
(6)(5) Home occupations for personal service businesses.
(7)(6) Family day care homes.
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* * *
DIVISION 3 – R-2 RESIDENTIAL DISTRICT
* * *
Sec. 4-12. – Permitted uses and structures.
* * *
(b) Special uses. The following uses and structures are permitted in the R-2
residential district, subject to approval of a special use permit by the town council
as set forth in article VII of this appendix:
(1) Townhouses, subject to development standards specified in article V.
(2) Bed and breakfast establishments.
(3) Fire stations and rescue squad facilities.
(4) Major public utilities.
(5) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V,
division 9, section 5-65(a).
(6)(5) Home occupations for personal service businesses.
(7)(6) Family day care homes.
* * *
DIVISION 4 – R-3 RESIDENTIAL DISTRICT
* * *
Sec. 4-17. – Permitted uses and structures.
* * *
(b) Special uses. The following uses and structures are permitted in the R-3 residential
district, subject to approval of a special use permit by the town council as set forth in
article VII of this appendix:
(1) Manufactured home parks, subject to the development standards in article V of
this appendix.
(2) Fire stations and rescue squad facilities.
(3) Major public utilities.
(4) Multifamily dwellings.
(5) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
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(6)(5) Home occupations for personal service businesses.
(7)(6) Family day care homes.
* * *
DIVISION 5 – R-B RESIDENTIAL-BUSINESS DISTRICT
* * *
Sec. 4-23. – Permitted uses and structures.
* * *
(b) Special uses. The following uses and structures are permitted in the R-B residential-
business district, subject to approval of a special use permit by the town council as set
forth in article VII of this appendix:
(1) Townhouses, subject to development standards specified in article V.
(2) Assisted care facilities.
(3) Funeral homes.
(4) Fire stations and rescue squad facilities.
(5) Major public utilities.
(6) Outdoor display of monuments.
(7) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division 9,
subsection 5-65(a).
(8)(7) Personal service business.
(9)(8) Two-family dwellings that do not meet the lot area and lot width requirements
of section 4-25 of this division.
(10)(9) Family day care homes.
* * *
DIVISION 6 – GB GENERAL BUSINESS DISTRICT
* * *
Sec. 4-29. – Permitted uses and structures.
* * *
(b) Special uses. The following uses and structures are permitted in the GB general business
district, subject to approval of a special use permit by the town council as set forth in
article VII of this appendix:
(1) Commercial indoor amusement uses, including game rooms, billiard and pool halls,
and video arcades. Establishments which provide multiple coin operated amusement
5
or entertainment devices or machines, which would include pinball machines, video
games, and other games of skill or scoring, and would include pool and/or billiard
tables, whether or not they are coin operated.
(2) Auto and truck general repair, including the installation and removal of engines,
transmissions or other major body or mechanical parts, auto upholstery shops, and
auto, truck or trailer rental, but not including body repair or painting.
(3) Flea markets.
(4) Greenhouses.
(5) Major public utilities.
(6) Miniature golf courses, golf driving ranges, batting cages and similar outdoor
recreation uses.
(7) Miniwarehouses and warehouses.
(8) Sports complexes.
(9) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
(10) Towers and/or monopoles, with a related unmanned equipment building and
subject to the provisions set forth in article V, division 9, section 5-65(b).
(11)(9) Counseling services.
(12)(10) Halfway house.
(13)(11) Outpatient mental health centers.
(14)(12) Outpatient substance abuse centers.
* * *
DIVISION 7 – CB CENTRAL BUSINESS DISTRICT
* * *
Sec. 4-34. – Permitted uses and structures
* * *
(b) Special uses. The following uses and structures are permitted in the CB central
business district, subject to approval of a special use permit by the town council as
set forth in article VII of this appendix:
(1) Amusement centers, bowling alleys, skating rinks and dance halls.
(2) Auto and truck sales and service establishments, provided the following
conditions shall be met: …
(3) Drive-up facilities in conjunction with any use permitted in this district.
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(4) Flea markets.
(5) Gasoline service stations, self-service gasoline stations and auto service centers.
(6) Major public utilities.
(7) Parking garages for parking by the general public as a principal or accessory use
of property.
(8) Sports complexes.
(9) Not more than one dwelling unit contained within accessory buildings, provided
the main building on the property contains no dwelling units.
(10) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
* * *
DIVISION 8 – M-1 LIMITED INDUSTRIAL DISTRICT
* * *
Sec. 4-40. – Permitted uses and structures.
(a) Uses and structures permitted by right. The following uses and structures are permitted
by right in the M-1 limited industrial district, subject to all other applicable requirements
of this appendix:
(1) Any use or structure permitted by right in the GB general business district as set
forth in section 4-29 (a) of this appendix, except that:
a. Dwelling use shall be permitted only for purposes of occupancy by a guard,
caretaker or watchman employed in connection with the principal use of the
premises;
b. Outdoor activities, such as storage, display or service which are specified as
prohibited in the GB district, shall be permitted in the M-1 district, provided
such activities are located and screened in accordance with the requirements of
section 4-43.
(2) Auto and truck general repair, including the installation and removal of engines,
transmissions or other major body or mechanical parts, auto upholstery shops,
auto, truck or trailer rental, and body repair or painting.
(3) Boatbuilding.
(4) Bottling plants.
(5) Cabinet, furniture, woodworking and upholstery shops, when conducted within
completely enclosed buildings.
(6) Coal[yards] and woodyards.
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(7) Contractors' and construction equipment storage yards and rental of contractors'
or construction equipment.
(8) Ice manufacturing and packaging.
(9) Laboratories and research and development facilities, when conducted within
completely enclosed buildings.
(10) Machine shops, excluding punch presses exceeding forty-ton rated capacity and
drop hammers, welding shops and blacksmith shops.
(11) Manufacturing, compounding, assembling, treatment or packaging of articles of
merchandise from the following materials, when such materials are refined,
prepared or initially processed elsewhere: Bone, canvas, cloth, cork, feathers, felt,
fiberglass, fibers, fur, glass, hair, horn, leather, paper, plastic, precious or
semiprecious metals or stones, rubber, shell, straw, textiles, tobacco, wood, yarn,
and similar materials.
(12) Manufacturing, compounding, processing, treatment or packaging of bakery
goods, candy, cosmetics, dairy products, food products, perfumes,
pharmaceuticals, soaps, toiletries and similar products.
(13) Manufacturing of pottery, figurines and other similar ceramic products, using
only previously pulverized clay and kilns fired only by electricity or gas.
(14) Manufacturing or assembling of electronic equipment, instruments, devices,
components and parts, electrical appliances, medical equipment, musical
instruments, toys, novelties, small parts and similar products.
(15) Monument and stone works.
(16) Printing and publishing plants.
(17) Sales, rental, servicing and repair of boats, trailers, recreational vehicles,
motorcycles, mobile homes, machinery and equipment, provided all servicing and
repair is conducted within completely enclosed buildings.
(18) Sheet metal and metal fabrication shops.
(19) Signs as permitted in article V of this appendix.
(20) Warehouses, miniwarehouses, storage and distribution facilities.
(21) Wholesale businesses, including storage.
(22) Accessory uses and structures.
(23) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
* * *
DIVISION 14 – MIXED USE DEVELOPMENT DISTRICT (MUD) DISTRICT
8
* * *
Sec. 4-86. – Utilities.
The following provisions shall apply to providing utilities in the MUD district:
(a) All development within a MUD district shall be served by public water and sewer
facilities.
(b) Utilities (and associated pedestals, cabinets, junction boxes and transformers) including
electric, cable TV, telephone and natural gas service shall be located underground and
to the rear of properties in alley rights-of-way (ROW) or the ROW of minor streets,
and all utilities shall be located within a public utility easement. Above-ground utilities
are permissible if identified and approved in the development plan submitted at the
time rezoning is approved.
(c) Wireless facilities may be approved either as part of a master plan of development
under this division or as an accessory or modification to the master plan of development
following the general procedures for approval of such facilities set forth in this
appendix.
* * *
ARTICLE V. – SUPPLEMENTARY REGULATIONS
* * *
DIVISION 9 – TELECOMMUNICATION FACILITIES
Sec. 5-61. – Purpose and short title.
This division may be referred to as the “Town of Vinton Telecommunications Zoning Ordinance.”
The Virginia Zoning Enabling Act, Va. Code §§ 15.2-2280 et seq., to ensure the orderly
development of land within the Town and to protect the public health, safety, general welfare, and
as good zoning practice, and to further those public purposes set forth in section 15.2-2283 of the
Code of Virginia, 1950, as amended.
(Statutory Reference: Va. Code § 15.2-2280 et seq., 15.2-2316.3 et seq.)
Sec. 5-62. – Applicability.
(a) The requirements set forth in this division shall govern the location of all
telecommunications towers, monopoles, antennas, small wireless facilities, and amateur
radio antennas, constructed to a height greater than 16 feet 6 inches in height from ground
level, as well as all base stations.
(b) This division applies to all wireless facilities located or to be located on all property located
within the incorporated limits of the Town of Vinton, regardless of the use, ownership, or
dedication of such property to public use or the use of a certificated public service
company.
(Statutory Reference: Va. Code § 15.2-2281, cross-ref.: § 15.2-2030.)
9
Sec. 5-63. – Development standards for small wireless facilities attached to existing
structures.
(a) Emissions from small wireless facilities attached to existing structures shall not materially
interfere with existing communications facilities or facilities planned for future public
safety communications.
(b) If, during the site plan, plot plan, or scaled elevation approval process, a public safety
agency identifies a public safety concern or a critical public safety need, the small wireless
facility shall be disapproved.
(c) For small wireless facilities in the public rights-of-way or other publicly-owned or
publicly-controlled property, such facilities must be painted or otherwise be designed to
match the color and texture of the structure upon which they are affixed.
(d) No small wireless facility shall fail to have and provide all required approvals from all
departments, authorities, and agencies with jurisdiction over the property, provided that the
zoning administrator may grant preliminary approval prior to other approvals being
granted, but such preliminary approval shall not be a final approval authorizing
establishment of any use or structure and must be followed with a final plot plan and scaled
elevation for approval based on the final permits, and shall not be construed as an approval
that would vest a right.
(e) No small wireless facility may collocate on a structure that is illegally nonconforming until
and unless such nonconforming structure is brought into compliance with the provisions
of this Appendix.
Sec. 5-64. – Development standards for new support structures for small wireless facilities.
(a) Small wireless facility support structures may be considered either principal or accessory
uses. A different existing use of an existing structure on the same lot shall not preclude the
installation of a small wireless facility support structure on such lot.
(b) When a new small wireless facility support structure is a replacement for an existing
structure or is in the line of existing structures of similar height and bulk, e.g., a replacement
for an electric pole or a new faux streetlight, the structure shall be designed so as to
resemble, as closely as practical, the form and type of the existing structure or the structures
in the same line.
(c) Wiring, cable, and conduit requirements:
(1) All wiring and cables must be firmly secured to the utility distribution or transmission
pole or other support structure.
(2) All mounting brackets and wiring, cables, and conduits that are not located in a fully
enclosed structure must be same color as, or otherwise demonstrated to match or blend
with, the new structure on which they are mounted.
(3) Spools or coils of excess fiber optic or cables or any other wires may not be stored on
the new structure except completely within approved enclosures or cabinets.
(d) Equipment and facilities standards:
10
(1) All equipment and support structures located on the new structure:
a. Must be the same color or material as the new structure and covered by rust-
proof treatment or material.
b. Must be flush-mounted to the new structure or supported by mounting brackets.
c. The support brackets may not extend beyond the new structure by more than
eight inches.
d. Must not exceed 32 cubic feet in volume.
(2) Ground-mounted equipment (or base stations associated with a small wireless facility)
must:
a. In public rights-of-way abutting single-family residential districts or areas in
which attached or detached single-family dwellings are the predominant use or
development pattern, each small cell facility is limited to one cabinet or
structure that does not exceed five feet in height and a total of 70 cubic feet in
volume. Ground-mounted equipment cabinets must be located adjacent to the
support structure.
b. When the related equipment is not located on property that meets subsection a.,
each provider is limited to a cabinet or structure which does not exceed 12 feet
in height and a total of 500 square feet in gross area. The cabinet or structure
must be adjacent to the pole. The cabinets or equipment must be secured by a
wall, berm, or evergreen hedge sufficient to screen it from view from the street,
or with an eight-foot fence, wall, berm, or landscaping combination.
(e) The minimum horizontal distance between poles is:
(1) When located in zoning districts that are zoned for single-family dwellings or areas in
which attached or detached single-family dwellings are the predominant use or
development pattern, not less than 300 feet.
(2) When located in all other areas, not less than 100 feet.
Sec. 5-65. – Application requirements for legislative process projects.
Each applicant for a monopole or tower shall submit six copies of a scaled concept plan
and a scaled elevation view and other supporting drawings, calculations, and other documentation,
signed and sealed by appropriate licensed professionals, showing the location and dimensions of
all improvements, including information concerning topography, radio frequency coverage, height
and antenna location requirements, setbacks, ingress/egress, parking, fencing, landscaping,
easements, adjacent uses, and other information deemed necessary to assess compliance with the
regulations of this ordinance. Additionally, the applicant shall provide actual photographs of the
site from designated relevant views that include a simulated photographic image of the proposed
monopole or tower. The photograph with the simulated image shall include the foreground, the
midground, and the background of the site. An engineering report, certifying that the proposed
monopole or tower is compatible for collocation with a minimum of three compatible users
including the primary user, must accompany the application.
11
Sec. 5-65.1. – Provisions for legislative process projects.
(a) A wireless support structure for a wireless facility that is not a small wireless facility, a
small wireless facility support structure, a small wireless facility collocation, or an eligible
facilities request, shall be permitted only upon approval of a special use permit by the town
council as set forth in article VII of the zoning ordinance and in accordance with the
following provisions:
(1) No advertising or signs shall be allowed on an antenna.
(2) No signals, lights, or illumination shall be permitted on an antenna unless required by
the FCC, FAA, or the Town of Vinton.
(3) A base station shall not contain more than 750 square feet of gross floor area or be more
than 12 feet in height.
(4) A base station or wireless support structure shall meet all zoning and building code
requirements including, but not limited to, minimum yard requirements for primary
structures.
(5) A base station shall be landscaped with a buffer of plant materials that effectively
screens the view of the base station from adjacent property. The standard buffer shall
consist of a landscaping strip of at least four feet wide outside the perimeter of the
enclosure. Existing mature tree growth and natural land form on the site shall be
preserved to the maximum extent possible. In locations where the visual impact of the
unmanned equipment building would be minimal, the landscaping requirement may be
reduced or waived by the council as part of the special use permit approval.
(b) Wireless support structures and base stations subject to the legislative process shall be
subject to the following provisions:
(1) The height of wireless support structures shall not exceed 199 feet, including antennas.
(2) Monopoles or towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FCC or FAA, be painted a neutral color, unless an
alternative camouflage is approved by the town council as part of the special use permit
process.
(3) The design of base stations and other related structures shall use materials, colors,
textures, screening, and landscaping that will blend the facilities to the natural setting
and the built environment. Dish antennas and covers will be of a neutral, nonreflective
color with no logos or markings not required for identification or safety markings
required by applicable codes.
(4) Base stations shall not contain more than 750 square feet of gross floor area or be more
than 12 feet in height, and shall be located in accordance with the minimum yard
requirements of the zoning district in which they are located.
(5) Transitional yard and screening shall be provided on accordance with the provisions of
article V of the zoning ordinance. Monopole or tower facilities shall be landscaped with
a buffer of plant materials that effectively screens the view of the support buildings
12
from adjacent property. Existing mature tree growth and natural land form on the site
shall be preserved to the maximum extent possible.
(6) Monopoles and towers shall not be artificially lighted, unless required by the FCC or
FAA. If lighting is required, the council may review the available lighting alternatives
and approve the design that would cause the least disturbance to surrounding views.
(7) Signs shall only be permitted on a wireless support structure as may be provided in
Article V, Division 7 of this appendix.
(8) All monopoles or towers must meet or exceed current standards and regulations of the
FAA, the FCC, and any other agency of the federal government with the authority to
regulate towers and antennas and their construction methods. If such standards and
regulations are changed, then the owners of the towers and antennas governed by this
ordinance shall bring such towers and antennas into compliance with such revised
standards as required. To ensure the structural integrity of monopoles and towers, the
owner of such shall ensure that it is constructed and maintained in compliance with
standards contained in applicable federal, state, and local building codes and
regulations.
(9) Wireless support structures must satisfy the minimum zoning district setback
requirements for primary structures. For wireless support structures in the public rights-
of-way that are subject to the legislative process, the setback shall be 40 feet from the
edge of the existing pavement or sidewalk, whichever is closer, and one-half the height
of the support structure, including antennas if they extend beyond the top of the
structure, from the nearest existing structure.
(10) Monopoles or towers shall be enclosed by security fencing not less than six feet in
height and shall be equipped with appropriate anticlimbing device.
(11) No new legislative process facility shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the council that no existing monopole, tower, or other
structure can accommodate the proposed antenna, and that neither of the sites identified
in section 5-65 (c) can accommodate construction of the proposed antenna or of an
antenna which reasonably meets the applicant's needs.
Sec. 5-66. – Special provisions on disapproval of a legislative process facility.
(a) The town council shall provide an applicant a written statement of the reasons for
disapproval within three business days following the disapproval. The council may
delegate the preparation of the statement to the zoning administrator and the town attorney.
(b) Town Freedom of Information Act Officer shall, upon request, provide a copy of the
written record of the application in accordance with the provisions of the Virginia Freedom
of Information Act, Chapter 37 of Title 2.2 of the Code of Virginia, 1950, as amended.
Sec. 5-67. – Abandoned wireless support structures on private property.
Abandoned wireless support structures and wireless facilities are hereby declared to be
public nuisances and shall be abated as provided in this article. If the use of a wireless support
structure or wireless facility is discontinued for a continuous period of 24 months or more, such
13
wireless support structure or wireless facility shall be presumed abandoned. In the event the owner
wishes to extend the time for removal, he or she shall provide an application, accompanied by an
application fee of $250.00, giving a statement of the reasons for the extension. For good cause
shown, the county administrator may grant the owner up to a 60-day grace period before taking
action to abate the nuisance.
(Statutory Reference: Va. Code § 15.2-900, 15.2-2307.)
* * *
ARTICLE VI. – NONCONFORMING USES, FEATURES, STRUCTURES AND LOTS
* * *
Sec. 6-12. – Wireless facility modifications.
Any eligible facilities request for a modification of an existing, lawfully-established
wireless tower or base station that does not substantially change the physical dimensions of such
tower or base station shall not be treated as a nonconforming use or extension of a nonconforming
use and shall be approved. Upon submission of an application for a site plan, plot plan, or scaled
elevation in accordance with and meeting all standards of Article VII, Division 3 of this appendix,
and in conformance of this section, such approval shall be granted.
(Statutory Reference: 47 U.S.C. § 1455, 47 C.F.R. § 1.6100, Va. Code § 15.2-2307.)
ARTICLE VII. – ADMINISTRATION & ENFORCEMENT
* * *
DIVISION 3 – SITE PLAN REVIEW
* * *
Sec. 7-17. – Applicability of site plan review.
Site plan review shall be required prior to issuance of any zoning permit, building permit
or land disturbing permit for any of the following:
(a) Construction of a new building, other than a single-family dwelling or building
accessory thereto.
(b) Enlargement of an existing building, other than a single-family dwelling or building
accessory thereto, when such enlargement exceeds ten percent of the floor area of the
building or 500 square feet, whichever is less.
(c) Construction of a parking area for five or more vehicles, or any addition to or alteration
of the arrangement or means of access to an existing parking area for five or more
vehicles.
(d) Small wireless facilities applications shall require a plot plan and a scaled elevation.
14
(c)(e) Wireless facilities applications other than small wireless facilities shall require a
site plan and a scaled elevation.
(Statutory Reference: Va. Code § 15.2-2286(A)(8), § 15.2-2246.)
Sec. 7-18. – General requirements for site plans, plot plans, or scaled elevations.
Site plans shall be prepared by a professional engineer, certified land surveyor, licensed
architect or certified landscape architect in accordance with criteria established by the zoning
administrator regarding scale and format. Plot plans and scaled elevations need not be prepared by
a licensed design professional, but must be clear, neat, and to scale in accordance with criteria
established by the zoning administrator.
(Statutory Reference: Va. Code § 15.2-2241(A)(1).)
* * *
Sec. 7-19.1. – General requirements for plot plans.
Plot plans must be neat, clear, drawn to scale, and otherwise meet the standards set by the
zoning administrator, but do not need to be stamped by a design professional. A plot plan must
include:
(1) Location, by a vicinity map at appropriate scale.
(2) Identification of the property by street address, tax parcel number, and owner name, if
a parcel; or by reference to number of feet to the nearest intersection if in the public
right-of-way.
(3) A north arrow and scale.
(4) Existing zoning classification, or zoning classification of nearest parcel if in the public
right-of-way.
(5) Width of existing streets, location and size of existing sanitary and storm sewers,
culverts, curbs and gutters, water lines, gas lines, and other utilities.
(6) Location and extent of existing buildings or structures and buildings or structures
proposed to be constructed.
(7) Screening methods.
(8) Such other and further materials as the zoning administrator may determine necessary
to confirm compliance with applicable laws.
Sec. 7-19.2. – General requirements for scaled elevations.
Scaled elevations must be neat, clear, drawn to scale, and otherwise meet the standards set
by the zoning administrator, but do not need to be stamped by a design professional. A scaled
elevation must include:
(1) Location, by a vicinity map at appropriate scale.
15
(2) Identification of the property by street address, tax parcel number, and owner name, if
a parcel; or by reference to number of feet to the nearest intersection if in the public
right-of-way.
(3) Existing zoning classification, or zoning classification of nearest parcel if in the public
right-of-way.
(4) Existing grades for the area of the proposed or existing structure.
(5) The height and extent of existing buildings or structures and buildings or structures
proposed to be construed.
(6) If the existing or proposed structure is a small wireless facility or support structure that
proposes to qualify as a small wireless facility by comparison to other existing
structures, a table of the heights and locations of the existing structures.
(7) Screening or camouflage methods proposed for the wireless facility.
(8) A sketch of the appearance of the proposed wireless facility, or a photograph or
photographs of a substantially identical facility in a similar installation.
(1)(9) Such other and further materials as the zoning administrator may determine
necessary to confirm compliance with applicable laws.
Sec. 7-20. – Waiver of certain site plan requirements.
Required plans described in sections 7-19, 7-19.1, and 7-19.2 are intended in cases where
extensive plans and information are necessary to determine compliance with the provisions of this
appendix. With prior approval by the zoning administrator, particular information may be omitted
from required plans when, due to the nature or limited scope of a project, the zoning administrator
determines such information is not necessary for evaluation of the site plan or for maintaining a
record of site plan review.
(Statutory Reference: Va. Code § 15.2-2242(1).)
Sec. 7-21. – Procedure for site plan review and approval.
(a) Every site plan shall be submitted to the zoning administrator, who shall review such plan
for compliance with the applicable provisions of this appendix and other applicable
requirements. Within 10 days after submission of a site plan application, with the required
fee, the zoning administrator shall make a preliminary determination of completeness. If
the site plan application is complete, tThe zoning administrator shall circulate the site plan
to the town engineer and other relevant town and state agencies and officials for review
and comment prior to taking action. If the application is incomplete, the zoning
administrator shall return the plan to the applicant, together with the application fee and a
cover letter setting forth the reasons why the application is incomplete. A determination of
completeness shall in no manner be construed to be an approval of a site plan, in whole or
in part.
(b) The zoning administrator shall approve, approve with modifications or conditions, or
disapprove the site plan within 45 days of receipt of all required plans and information60
days from receipt of a complete application if no outside agency review is required, or
16
within 35 days after receiving all outside review comments if such comments are
necessary, whichever is later. The zoning administrator shall notify the applicant in writing
of the action taken. In the case of approval with modifications or conditions or disapproval
of the site plan, such notification shall describe the modifications or conditions of approval
or reasons for disapproval, including changes which would make the site plan acceptable.
(c) The zoning administrator shall act upon site plans previously deemed complete but
disapproved and resubmitted within 45 days of submission or within 35 days following
receipt of all state agency approvals, whichever is later.
(b) (d)All site plans approved by the zoning administrator shall comply with the district
regulations, supplementary regulations and other applicable requirements of this appendix. The
zoning administrator shall have no authority to waive such regulations or requirements unless
specific authority to do so is set forth in this appendix.
(Statutory Reference: Va. Code § 15.2-2258, § 15.2-2259.)
Sec. 7-21.1. – Procedure for approval of plot plans and scaled elevations for small wireless
facilities.
The timelines in this section govern processing of plot plans and scaled elevations for small
wireless facilities.
(a) Base Calculation. The period to act for an application for a plot plan or scaled elevation
for a small wireless facility is the sum of:
(1) The number of days of the presumptively reasonable time period for the pertinent type
of application, pursuant to subsection (b); and
(2) The number of days of tolling period, if any, under subsection (c).
All dates are calculated in calendar days, not business days. If the last day to complete an
approval falls on a weekend or holiday, the last day shall be construed to be the next
following business day.
(b) Review periods for specific applications. The following are the presumptively reasonable
periods of time to act on site plans, plot plans, and scaled elevations for wireless facilities:
(1) Application to collocate a small wireless facility on an existing structure: 60 days.
(2) Application to deploy a small wireless facility using a new structure: 90 days.
If a single application plot plans or scaled elevations multiple sites, all of which fall within
the same category, then the presumptively reasonable time is equal to that for a single
deployment within that category. If a single application seeks authorization of deployments
to multiple sites that fall within subsections (b)(1) and (b)(2), then the presumptively
reasonable period of time is 90 days.
(c) Tolling. The following rules govern tolling of the review periods for specific applications:
(1) For an initial application for a plot plan or scaled elevation for a small wireless facility,
if the Town notifies an applicant on or before the tenth day after submission that the
application is materially incomplete, and specifically identifies the missing documents
or information and the specific rule or regulation creating the obligation to submit such
17
documents or information, the period to act shall reset to zero on the date on which the
applicant submits all documents and information identified by the Town to render the
application complete.
(2) For all other initial applications, the tolling period shall be the number of days from:
(i) The day after the date when the Town notifies the applicant, in writing, that the
application is materially incomplete and clearly and specifically identifies the
missing documents or information that the applicant must submit to render the
application complete and the specific rule or regulation creating this obligation;
until
(ii) The date when the applicant submits all the documents and information
identified by the siting authority to render the application complete;
(iii) But only if the notice in subsection (i) is made on or before the thirtieth day
after the date when the application was submitted; or
(3) For resubmitted applications following a notice of deficiency, the tolling period shall
be the number of days from:
(i) The day after the date on which the Town notifies the applicant in writing that
the applicantsapplicant’s supplemental submission was not sufficient to render
the application complete and clearly and specifically identifies the missing
documents or information need to be submitted based on the Town’s original
request for supplementation; until
(ii) The date when the applicant submits all the documents and information
identified by the Town to render the application complete;
(iii) But only if the notice under subsection (i) is made on or before the tenth day
after the date on which the applicant made its supplemental submission.
(Statutory Reference: 47 C.F.R. § 1.6003.)
Sec. 7-22. – Modifications to approved site plan, plot plan, or scaled elevation.
(a) Minor modifications to an approved site plan, plot plan, or scaled elevation may be
authorized in writing by the zoning administrator when such modifications comply with
the requirements of this appendix and do not materially affect approvals granted or permits
issued pursuant to the approved site plan. Any deviation from an approved site plan without
the written approval of the zoning administrator shall void the site plan and require
submission of a new site plan for consideration in accordance with the provisions of this
article.
(b) Major revisions to an approved site plan which, in the judgment of the zoning
administrator, significantly alter the proposed development or materially affect approvals
granted or permits issued pursuant to the approved site plan shall require that a new site
plan be prepared and submitted for consideration.
(Statutory Reference: Va. Code § 15.2-2242(1).)
18
* * *
Sec. 7-25. – Expiration of approved site plan, plot plan, or scaled elevation.
(a) An approved final site plan shall be valid for a period of one not less than five years from
the date of approval by the zoning administrator and shall become null and void if, within
such period, work has not proceeded and no building permit pursuant thereto has been
issued. In any case where an approved site plan has expired, the site plan may be
resubmitted for review and approval in accordance with the provisions of this article. A
site plan shall be deemed final once it has been reviewed and approved by the zoning
administrator if the only requirement remaining to be satisfied in order to obtain a building
permit is the posting of any bonds and escrows.
(b) Application for minor modifications to final site plans made during the periods of validity
of such plans established in accordance with this section shall not constitute a waiver of
the provisions hereof nor shall the approval of minor modifications extend the period of
validity of such plans.
(c) If construction of any wireless facility does not commence within 24 months after approval,
or, if commenced, is not diligently pursued to completion, the zoning administrator may
revoke the approval by sending notice of such revocation to the last known address of the
owner and marking the plot plan and/or scaled elevation “VOID” in his or her files.
(Statutory Reference: Va. Code § 15.2-2261, § 15.2-2316.4:2(A)(10).)
Sec. 7-26. – Failure to act; Appealsappeals.
Any person aggrieved by any decision of the zoning administrator regarding a site plan
may appeal such decision to the board of zoning appeals in accordance with the provisions of
article IX of this appendix.
(a) Failure to act on any site plan within the time periods set forth in section 7-21, upon an
initial submission, shall be appealable to circuit court in the manner provided by law
following 10 days’ notice to the zoning administrator. Failure to act upon a site plan
resubmitted following being deemed complete and disapproved within the time periods set
forth in this division is deemed approval.
(b) Failure to act on any plot plan or scaled elevation for a small wireless facility within the
time periods set forth in section 7-21.1 shall be deemed approval.
(c) Notwithstanding the approval or deemed approval of any site plan, plot plan, or scaled
elevation, any deficiency in any proposed plat or plan, that if left uncorrected, would violate
local, state or federal law, regulations, mandatory Department of Transportation
engineering and safety requirements, and other mandatory engineering and safety
requirements, shall not be considered, treated or deemed as having been approved by the
zoning administrator.
(d) If the zoning administrator disapproves a site plan, plot plan, or scaled elevation and the
applicant contends that the disapproval was not properly based on the ordinance applicable
thereto, or was arbitrary or capricious, he or she may appeal to the circuit court having
jurisdiction of such land and the court shall hear and determine the case as soon as may be,
19
provided that his appeal is filed with the circuit court within 60 days of the written
disapproval by the zoning administrator.
(Statutory Reference: Va. Code § 15.2-2258, § 15.2-2259; 47 C.F.R. § 1.6003.)
* * *
ARTICLE X. – DEFINITIONS
* * *
Sec. 10-2. – Words and terms defined.
* * *
(b)
(b) Certain words and terms defined. The following words and terms shall be interpreted as
having such meaning as described herein, unless a specific meaning to the contrary is
indicated elsewhere in this appendix:
* * *
(#)Alternative tower structure. Manmade trees, clock towers, bell steeples, lightpoles and
similar alternative-design mounting structures that camouflage or conceal the presence of
antennas or towers.
* * *
(#)Antenna means an apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated from a fixed location pursuant to FCC authorization, for the
provision of personal wireless service and any commingled information services. This
definition does not include unintentional radiators, mobile stations (e.g., handheld devices),
or fixed wireless reception equipment in residential districts.
(#)Antenna equipment means equipment, switches, wiring, cabling, power sources,
shelters, or cabinets associated with an antenna, located in the same fixed location as the
antenna, and, when collocated on a structure, is mounted or installed at the same time as
such antenna.
(#)Antenna facility means an antenna and associated antenna equipment.
* * *
(#)Base station. A structure or equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communications
network. The term does not encompass a tower as defined in this subpart or any equipment
associated with a tower.
(A) The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such as microwave
backhaul.
20
(B) The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable equipment,
regardless of technological configuration (including Distributed Antenna Systems
and small-cell networks).
(C) The term includes any structure other than a tower that, at the time the relevant
application is filed with the State or local government, supports or houses
equipment described in paragraphs (A) and (B) of this definition that has been
reviewed and approved under the applicable zoning or siting process, or under
another State or local regulatory review process, even if the structure was not built
for the sole or primary purpose of providing such support.
(D) The term does not include any structure that, at the time the relevant application is
filed with the State or local government under this section, does not support or
house equipment described in paragraphs (A) and (B) of this definition.
* * *
(#)Collocation may, depending on context, mean:
(A) Either or both of:
(1) Mounting or installing an antenna facility on a pre-existing structure; and/or
(2) Modifying a structure for the purpose of mounting or installing an antenna
facility on that structure.
(B) With respect to wireless facility modifications, the mounting or installation
of transmission equipment on an eligible support structure for the purpose
of transmitting and/or receiving radio frequency signals for
communications purposes.
* * *
(#)Eligible facilities request. This term means any request for modification of an existing
wireless tower or base station that involves:
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(#)Eligible support structure. Any tower or base station provided that it is existing at the
time the relevant application is filed with the Town.
* * *
(#)FAA. The Federal Aviation Administration.
(#)FCC. The Federal Communications Commission.
* * *
21
(#)Site. For towers other than towers in the public rights-of-way, the current boundaries of
the leased or owned property surrounding the tower and any access or utility easements
currently related to the site, and, for other eligible support structures, further restricted to
that area in proximity to the structure and to other transmission equipment already deployed
on the ground.
* * *
(#)Substantial change. A modification to a wireless facility substantially changes the
physical dimensions of an eligible support structure if it meets any of the following criteria:
(i) For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever
is greater; for other eligible support structures, it increases the height of the
structure by more than 10% or more than ten feet, whichever is greater;
(ii) For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the tower structure at the
level of the appurtenance, whichever is greater; for other eligible support structures,
it involves adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
(iii)For any eligible support structure, it involves installation of more than the standard
number of new equipment cabinets for the technology involved, but not to exceed
four cabinets; or, for towers in the public rights-of-way and base stations, it involves
installation of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation of ground
cabinets that are more than 10% larger in height or overall volume than any other
ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements of the eligible support structure; or
(vi) It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in paragraphs (i) through (iv) of this definition.
Changes in height, for the purposes of this definition, should be measured from the original
support structure in cases where deployments are or will be separated horizontally, such as
on buildings’ rooftops; in other circumstances, changes in height should be measured from
the dimensions of the tower or base station, inclusive of originally approved appurtenances
and any modifications that were approved prior to February 22, 2012.
* * *
22
(#)Transmission equipment. Equipment that facilitates transmission for any FCC-licensed
or authorized wireless communication service, including, but not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.
The term includes equipment associated with wireless communications services including,
but not limited to, private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
* * *
(#)Wireless facility. Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including (i) equipment
associated with wireless services, such as private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services, such as microwave
backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration.
(#)Wireless support structure. A freestanding structure, such as a monopole, tower, either
guyed or self-supporting, or suitable existing structure or alternative structure designed to
support or capable of supporting wireless facilities. “Wireless support structure” does not
include any telephone or electrical utility pole or any tower used for the distribution or
transmission of electrical service.
This Ordinance adopted on motion made by Council Member ____________________ and
seconded by Council Member ____________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, CMC, Town Clerk
1
Meeting Date
December 17, 2019
Department
Planning and Zoning
Issue
Consider adoption of an Ordinance to amend Chapter 82, Streets, Sidewalks, and Other Public
Places, Article I, In General, Sections 82-17 and 82-18, add a new Section 82-19 and add a new
Article V, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Scooters, and Skateboards to
the Vinton Town Code.
Summary
In light of the Virginia General Assembly enabling local governments to develop their own
regulations concerning dockless mobility operations with a deadline set for January 1, 2020, Town
staff has developed an Ordinance revising certain sections of the Town Code and an administrative
policy that governs specific rules and permitting procedures. The Ordinance sets forth the creation
of a dockless mobility operation permitting policy and provides provisions for parking various
mobility devices around the town.
The policy covers all the parameters that companies will have to follow ranging from the
equipment requirements to insurance and liability requirements. Based on suggestions during the
briefing of the Town Council on December 3, 2019, changes were made to specific sections that
are highlighted in yellow in the attached document. Also, a table was developed to reflect the
approach other localities across the Commonwealth are taking to implement a permit process with
an associated annual cost and setting the maximum/minimum number of devices allowed by
operators of different device types.
Town staff has also found it appropriate to update the Town Code to align with the changes to the
State laws governing mopeds in 2014. These changes include the requirements for the registration
of mopeds in Virginia as well as the rules concerning their operation and use.
Town Council
Agenda Summary
2
Attachments
Ordinance
Dockless Mobility Operations Administrative Rules and Permitting
Table: Virginia Locality Benchmarks
Recommendations
Motion to adopt Ordinance
Town of Vinton
Dockless Mobility Operations
Administrative Rules and Permitting
2019-_____
1
Table of Contents
I. Policy Statement and Purpose ............................................................................................................... 2
II. Permit Application Procedures ............................................................................................................. 2
III. Equipment Requirements .................................................................................................................. 2
IV. Operations ......................................................................................................................................... 3
V. Safe Riding and Storage of Shared Mobility Devices ...................................................................... 3
VI. Equitable Access ............................................................................................................................... 5
VII. Customer Service Requirements ....................................................................................................... 5
VIII. User Protections ................................................................................................................................ 6
IX. Insurance and Liability: .................................................................................................................... 7
X. Effective Dates .................................................................................................................................... 10
2
I. Policy Statement and Purpose
a. The purpose of this policy is to establish rules and regulations governing the
temporary operation of a dockless bicycle and e-scooter sharing system within the
Town of Vinton (hereinafter referred to as "Town" or "Town of Vinton") and to
ensure that such mobility sharing systems are consistent with the safety and well-
being of bicyclists, pedestrians, people with disabilities, and other users of the
public rights-of-way for the duration of the program.
b. In Virginia Code §§ 15.2-2015 and 46.2-1315, the General Assembly has granted
express authority for these regulations. These provisions apply to any deployment
of shared mobility systems (to include direct rental or similar programs) within
the Town's jurisdictional boundaries.
II. Permit Application Procedures
a. Any person seeking to operate a shared mobility system within the Town shall
first obtain a Permit from the Town, conditioned on compliance with the
regulations contained in this policy and any other conditions (including insurance
and indemnity) established by the issuing official. The Permittee will be required
to obtain a business license and will be responsible for all applicable local fees
and taxes.
b. A prospective Operator shall submit a completed application on a form provided
by the Town. Required information and required fees shall be submitted with the
permit application for the application to be considered complete.
c. The permit fee for use of Town right-of-way is $1,000.00 per year submitted upon
permit approval.
d. No person shall operate a shared mobility system within the Town without a
Permit. Any person who operates a shared mobility system without a permit shall
be subject to a civil penalty not to exceed one thousand dollars ($1,000.00) for
each violation within the discretion of the court. Each day of violation shall
constitute a separate offense.
e. The Town Manager or the Manager's designee, may revoke any Permit without
prior notice for failure to comply with the Operating Regulations.
f. Any person whose Permit application has been denied, or whose Permit has been
revoked or terminated, may file an appeal with the Town Manager by submitting
a written statement to the Town Manager within 10 business days of the denial or
revocation. The written statement shall describe the basis of the appeal. The Town
Manager shall issue a final decision on the appeal within 10 business days. Any
Permittee whose Permit has been revoked may not apply for another Permit
within six months.
g. The term of a permit is 12 months from the date it was issued.
III. Equipment Requirements
a. All bicycles shall meet the safety standards outlined in the Code of Federal
Regulations Title 16, Chapter II, Subchapter C, Part 1512- Requirements for
3
Bicycles. In addition, all bicycles shall meet the standards established in the Code
of Virginia (§ 46.2-1015), as amended, including for lighting during operation in
darkness.
b. Any electric Bicycles with a permit issued under this program shall meet the
definition of electric power-assisted bicycle in Virginia Code §46.2-100, as
amended, and shall be subject to the same requirements as ordinary Bicycles.
Electric bicycles shall have a top motor-powered speed not to exceed 15 mph.
c. Any electric Scooter with a permit issued under this program shall meet the
definition of motorized scooter in Virginia Code §46.2-100, as amended. Scooters
shall have a top motor-powered speed not to exceed 15 mph.
d. The Town may modify the top speed of any electric Bicycles and electric
Scooters at its discretion over the course of the program.
e. All scooters shall meet the safety standards established in the Code of Virginia (§
46.2-1015), as amended, requiring both headlight and taillight.
f. Each shared mobility device shall be equipped with an on-board GPS device
capable of providing real-time location.
g. All shared mobility devices should be equipped with devices that allow the
permittee to remotely render a shared mobility device inoperable that has been
reported as being either damaged or defective.
h. All Electric Scooters/Bicycles must be certified as safe to operate under any
applicable standard by Underwriters Laboratories or an equivalent safety rating
agency.
IV. Operations
a. Each Permit shall designate the specific number of shared mobility devices that
the Permittee may deploy in the Town. The permit will establish a minimum and
maximum fleet size for an operator, with separate limits established for scooters
and bicycles.
b. The Town may make reasonable adjustments to the maximum fleet size during
the permit term.
c. The Town Manager reserves the right to order the removal of all devices due to
weather or other local situations, events, or emergencies for up to 48 hours.
d. Permittees must be aware of and plan for Town or Town-sponsored events,
providing additional staffing, rider education/awareness, and temporary no-ride
and no-park zones as necessary.
e. Permittees shall provide administrative access for Town officials to relocate
devices that are blocking the public right- of-way or creating obstacles for
vehicles or pedestrians.
V. Safe Riding and Storage of Shared Mobility Devices
a. Devices shall be parked upright on hard surfaces in a manner that does not
obstruct or impede the public right of way in locations specified in Chapter 82 of
the Town Code.
4
b. Permittee shall apply geofencing specifications provided by the Town to direct
users to specified designated parking areas. Users shall not be allowed to sign out
of their ride unless parked in a designated area.
c. Bicycles and e-scooters shall be parked in such a manner as to provide a 4-foot
pedestrian clear zone area in the sidewalk.
d. Bicycles and e-scooters shall not be parked in such a manner as to impede or
interfere with any fire hydrant, call box, or other emergency facility; bus stops; or
utility pole or box; or the reasonable use of any commercial window display or
access to or from any building.
e. Bicycles and e-scooters shall not be parked in such a manner as to impede or
interfere with the reasonable use of any bicycle rack or news rack.
f. The Town Manager, or the Manager’s designee, reserves the right to determine
certain blocks where bicycle share or e-scooter parking is prohibited.
g. Bicycles and e-scooters may be left in on-street parking spaces only if the Town
Manager, or the Manager’s designee, has officially designated those spaces as
dockless mobility parking stations in connection with this program. The Town
will apply visible markings or post signs to identify any such parking stations.
Permittees shall not apply any markings or post any signs in public right-of-way.
h. Bicycles and e-scooters shall not be parked adjacent to or within:
i. Transit zones, including bus stops, shelters, passenger waiting areas and
bus layover and staging zones, except at existing bicycle racks;
ii. Loading zones;
iii. Disabled parking zone;
iv. Street furniture that requires pedestrian access (for example - benches,
parking pay stations, bus shelters, transit information signs, etc.);
v. Curb ramps;
vi. Entryways; and
vii. Driveways.
i. To the extent a Permittee desires to park bicycles or e-scooters in areas other than
the public right-of-way (e.g. parks, plazas, parking lots, private property, or transit
stations), the Permittee must first obtain the right to do so from the Town
Manager.
j. Permittee shall stop placing scooters or allowing contractors to place scooters
and/or bicycles in front of any address provided by the Town within 48 hours of
notice.
k. Permittee shall apply geofencing specifications provided by the Town to prohibit
riding/parking/locking scooters and/or bicycles in specified areas and geographic
areas of the Town (such as the Wolf Creek Greenway, Glade Creek Greenway,
Glade Town Trail, etc.). When the device enters a geofenced area, the Permittee
will either disable the vehicle or reduce the speed to 5 mph or less. In addition to
limiting operation, the Permittee will notify the user of the restriction.
l. Any shareable mobility device found to be in violation of this section is subject to
removal; the Permittee must pay thirty-five dollars ($35.00) for each scooter
5
removed and five dollars ($5.00) per day of storage, including the day of removal
and the day of release from storage. The Town shall provide notice of removal
within twenty-four (24) hours of removal.
m. During deployment and rebalancing, employees and contractors of the Permittee
shall obey all Town Permit Program Regulations and shall not block traffic lanes,
parking lanes, and bus lanes without receiving prior permit approval. Permittee
shall abide by all Town Street and Sidewalk Closure requirements and standards.
n. Permittees shall provide notice to all users by means of signage and through a
mobile or web application that:
i. Bicyclists and e-scooters must not ride on sidewalks, trails, or greenways
and must yield to pedestrians at crosswalks; and
ii. Use of helmets are strongly encouraged for all users.
iii. Operation by anyone less than 16 years old is prohibited.
iv. All users must carry a government-issued photo ID when operating a
device.
v. Bicycles and electric scooters shall ride on streets, and where available, in
bike lanes;
vi. Stand-up electric scooters are to stay to the right of street lanes and to
offer the right of way to bicycles on bike lanes and bike paths
vii. Parking must be done in designated areas;
viii. Wearing headphones on or in both ears while riding a bicycle or scooter is
prohibited;
ix. Operating a shared mobility device while texting or while under the
influence of alcohol is prohibited.
o. Permittee shall provide education on the Town's existing rules and regulations,
safe and courteous riding, and proper parking.
VI. Equitable Access
a. Permittee will provide a non-credit and non-smartphone mechanism to access its
services.
b. The Town reserves the right to propose or designate service areas that will ensure
access to a variety of neighborhoods.
c. Mobile apps and other customer interface technology must be fully accessible to
persons with disabilities and accessible to screen readers, and must comply with
Section 508 of the United States Workforce Rehabilitation Act of 1973.
VII. Customer Service Requirements
a. Permittee shall provide easily visible contact information, including a toll-free
phone number and e-mail address on each bicycle or electric scooter for Town
employees and/or members of the public to make relocation requests or to report
other issues with devices.
b. Permittees shall maintain a local Permittee representative and provide a direct
point of contact to the Town and its residents.
6
c. Permittees shall maintain a 24-hour customer service phone number for customers
to report safety concerns, complaints, or to ask questions. This phone number and
its website shall be provided on every device that is in service in the Town.
d. Permittee will maintain a multilingual website, call center, and mobile App
customer interface that is available twenty-four hours a day, seven days a week.
e. Upon notification by the Town, any scooter and/or bike belonging to Motorized
Dockless Scooter/Bike Share Program Operator that is improperly parked, left
standing, or unattended on any sidewalk, street, or public right-of-way under the
jurisdiction of the Town, the Motorized Dockless Scooter/Bike Share Operator
shall remove the scooter and/or bicycle within two (2) hours.
f. In the event a bicycle or e-scooter is not relocated, re-parked, or removed within
the timeframes specified herein, such devices may be removed by the Town or its
designee and taken to a facility for storage at the expense of the Permittee.
Notwithstanding any other provision of the Municipal Code of the Town of
Vinton, the Permittee shall be required to pay a fine for each device that is
removed from the public right-of-way by the Town, in addition to any storage
expenses. The amount of the fine shall be set by the Town Manager and shall be
contained in the permit.
g. Customers using scooters and/or bicycles that are permitted under this program
must be provided with a mechanism to notify the Permittee that there is a safety
or maintenance issue with the scooter and or bicycle.
h. In the event a safety or maintenance issue is reported for a specific device, that
bicycle or e-scooter shall immediately be made unavailable to users and shall be
removed within the timeframes provided herein. Any inoperable or unsafe device
shall be repaired before it is put back into service.
VIII. User Protections
a. Permittee must employ an electronic payment system that is compliant with the
Payment Card Industry Data Security Standards (PCI DSS).
b. Permittee must provide a Privacy Policy that safeguards customers' personal,
financial, and travel information and usage including, but not limited to, trip
origination and destination data. Permittee agrees to make its policies, procedures
and practices regarding data security available to the Town, upon request, and
further agrees that the Town reserves the right to hire a third party to perform a
security audit mid-way through the permit term, or at any time the Town
determines that an audit is warranted.
c. Permittee must provide customers the opportunity to assent explicitly to any
privacy policy, terms of service, or user agreements. Separately, customers must
have the ability to decline sharing any data not required to enable the Permittee to
process and complete the transaction. The customer's options with regard to these
requirements shall be clearly stated and easily accessed by the customer.
d. Permittee shall produce a Privacy Policy that complies with any data protection
laws applicable to minors, and further, expressly limits the collection, storage, or
7
usage of any personally identifiable information to the extent absolutely required
to successfully accomplish the provision of an e-scooter and/or bicycle
transportation service. Without limitation to other permitting provisions requiring
anonymized origin/destination and route data for solely public purposes set forth
by the Town, Permittee may not make any personal data of program participants
in the Town available to any third party advertiser or other private entity,
including another entity that may be affiliated with or jointly owned by the entity
that owns Permittee.
e. Permittee shall not claim any legal right in its Terms of Use, Privacy Policy, or
elsewhere to institute retroactive changes to its Privacy Policy and shall provide
an opportunity for the customer to explicitly assent prior to any changes to its data
practices, including uses of data Permittee collected under a prior policy.
f. Permittee may not collect Personal Data related to, nor sort Personal Data nor
individual data subjects according to, the protected classes of race, color, religion,
sex (including, but not limited to, gender identity, transgender status, or sexual
orientation, pregnancy, childbirth or related medical conditions, national origin,
age, marital status, or disability, except for survey data collected on an opt-in
basis and for a public purpose expressly set forth by the Town. Permittee may not
deny service to any user on the basis of their refusal to provide any such survey
information or on the basis of their actual or perceived membership in any of the
protected classes listed above. The Town shall consult the Human Rights
Commission if it receives any complaints based upon any potential violations of
this provision.
g. Permittee must disclose any and all existing data sharing agreements and must
notify the Town in advance of any prospective partnership, acquisition or other
data sharing agreement. Permittee may not engage in or facilitate any inter-app
operability or other form of private partnership that includes data acquisition or
other data sharing model with any entity if the entity does not meet the standards
set forth herein.
h. Permittee shall disclose all data breaches to an affected customer within thirty
days of the breach.
IX. Insurance and Liability:
a. By signing and submitting a permit application, the Permittee certifies that it will
purchase and maintain, at its sole expense, and from a company or companies
authorized to do business within the Commonwealth of Virginia, insurance
policies containing the following types of coverages and minimum limits,
protecting from claims which may arise out of or result from the Permittee's
performance or non-performance of services under this agreement, or the
performance or non-performance of services under this agreement by anyone
directly or indirectly employed by the Permittee or for whose acts it may be
liable:
8
i. Workers' Compensation - Statutory requirements and benefits. Coverage is
compulsory for employers of three or more employees, to include the
employer. Contractors who fail to notify the Town of increases in the
number of employees that change their workers' compensation
requirements under the Code of Virginia during the course of the
agreement shall be in noncompliance with the agreement. This policy shall
specifically list Virginia as a covered state.
ii. Employer's Liability - $100,000. This policy shall specifically list Virginia
as a covered state.
iii. Commercial General Liability - $1,000,000 per occurrence. Commercial
General Liability is to include bodily injury and property damage,
personal injury, advertising injury, contractual liability, and products and
completed operations coverage. The Town and its officers, employee
agents and volunteers must be named as an additional insured and so
endorsed on the policy.
iv. Automobile Liability - $1,000,000 per occurrence. (Only used if motor
vehicle is to be used in the agreement.)
v. Cyber Liability/ Information Technology - $1,000,000 per claim,
including coverage for costs of 3rd party notification, credit monitoring,
and fraud protection.
vi. All insurance coverage:
1. Shall be issued by an insurance carrier authorized to do business
within the Commonwealth of Virginia and rated A - VIII or better,
by A. M. Best Company or equivalent rating from an alternate
recognized ratings agency, and otherwise acceptable to the Town;
2. Shall be kept in force throughout performance of services;
3. Shall be an occurrence based policy;
4. Shall include completed operations coverage;
5. Shall contain a cross liability or severability of interest clause or
endorsement. Insurance covering the specified additional insured
shall be primary and non-contributory, and all other insurance
carried by the additional insureds shall be excess insurance;
6. Where additional insured required, such policy shall not have a
restriction on the limits of coverage provided to the Town as an
additional insured. The Town shall be entitled to protection up to
the full limits of the Permittee's policy regardless of the minimum
requirements specified in the Agreement.
b. Proof Of Insurance: Prior to performance of any services or delivery of goods, the
Permittee shall:
i. Have all required insurance coverage in effect;
ii. The Permittee shall deliver to the Town certificates of insurance for all
lines of coverage, or other evidence satisfactory to the Town in its sole
discretion. The Permittee shall be responsible that such coverage
9
evidenced thereby shall not be substantially modified or canceled without
30 days prior written notice to the Town; and
iii. The Permittee shall deliver to the Town endorsements to the policies
which require the Town and its officials, officers, employees, agents and
volunteers be named as "additional insured". Policies which require this
endorsement include: Commercial General Liability and Auto Liability.
Such endorsements must be approved by the Town, and
iv. Upon the request of the Town, provide any other documentation
satisfactory to the Town in its sole discretion, evidencing the required
insurance coverage, including but not limited to a copy of the insurance
policy and evidence of payment of policy premiums. The Permittee shall
require each of its subcontractors and suppliers to have coverage per the
requirements herein in effect, prior to the performance of any services by
such subcontractors and suppliers. Further, the Permittee shall ensure that
all Required Insurance coverages of its subcontractors and suppliers is and
remains in effect during performance of their services on the Project and
certifies by commencement of the Work that this insurance and that of
subcontractors is in effect and meets the requirements set forth herein. The
Town shall have no responsibility to verify compliance by the Permittee or
its subcontractors and suppliers.
c. Effect Of Insurance: Compliance with insurance requirements shall not relieve the
Permittee of any responsibility to indemnify the Town for any liability to the
Town, as specified in any other provision of this agreement, and the Town shall
be entitled to pursue any remedy in law or equity if the Permittee fails to comply
with the contractual provisions of this agreement. Indemnity obligations specified
elsewhere in this Agreement shall not be negated or reduced by virtue of any
insurance carrier's denial of insurance coverage for the occurrence or event which
is the subject matter of the claim, or by any insurance carrier's refusal to defend
any named insured. Permittee explicitly acknowledges and understands that it
assumes the risk of placing its dockless mobility devices on Town property and
that the Town will not be responsible for any damages to such devices arising
from their presence on Town property.
d. Waiver Of Subrogation: The Permittee agrees to release and discharge the Town
of and from all liability to the Permittee, and to anyone claiming by, through or
under the Permittee, by subrogation or otherwise, on account of any loss or
damage to tools, machinery, equipment or other property, however caused.
e. Sovereign Immunity: Nothing contained within this agreement shall effect, or
shall be deemed to affect, a waiver of the Town's sovereign immunity under law.
No agreement awarded as a result of this procurement transaction shall contain
any provisions requiring the Town to waive or limit any sovereign or
governmental immunity to which it may be entitled.
f. Right to Revise or Reject: The Town reserves the right, but not the obligation, to
revise any insurance requirement not limited to limits, coverages and
10
endorsements, or reject any insurance policies which fail to meet the criteria
stated herein. Additionally, the Town reserves the right, but not the obligation, to
review and reject any insurer providing coverage due to its poor financial
condition or failure to operate legally.
X. Effective Dates
a. This policy shall be effective from________, 20__ and shall terminate on
___________, 20__. During the time the program is in effect, the Town Manager
may amend the program regulations from time to time to ensure that participants
are meeting program goals. Any changes or amendments to program regulations
shall go into effect immediately. The Town shall notify Permittees of any such
changes or amendments as soon as practicable.
b. The Town reserves the right to terminate the program prior to ______, 20__ if, in
the sole opinion of the Town Manager, the use or accessibility of public right-of-
way is compromised or compliance with program regulations is inadequate. If the
Town Manager terminates the program, Permittees shall remove all devices from
Town right-of-way within five (5) business days.
Dockless Mobility Permitting Benchmarks
Commonwealth of Virginia
Locality Annual Permit Cost ($) # of Devices
City of Alexandria $5,000 200 (more w/ permission)
County of Arlington $8,000 350 per operator
City of Charlottesville $500 + ($1/day/scooter) 100 (more w/ permission)
Town of Christiansburg $100 Unknown
County of Fairfax $1,000 + ($28/device/year) 300-600 per operator
City of Fairfax $5,000 + $0.05/trip 250
City of Falls Church $3,500 + $0.05/trip 25 per device type for pilot
City of Radford $500 + ($1/day/scooter) 100 per operator (3 operators
maximum)
City of Roanoke $5,000 Case by case
Town of Vienna $5,000 150 per operator
Staff Recommendation
Town of Vinton $1,000 100 per operator (3 operators
maximum)
1
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, DECEMBER 17, 2019 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE amending Chapter 82, Streets, Sidewalks, and Other Public Places, Article I,
In General, Sections 82-17 and 82-18, adding a new Section 82-19 and adding a new Article V,
Mopeds, Bicycles and Electric Power-Assisted Bicycles, Scooters, and Skateboards to the Vinton
Town Code.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that
Chapter 82, Streets, Sidewalks, and Other Public Places, Article I, In General, Sections 82-17
and 82-18 of the Vinton Town Code are amended, and Section 82-19 and Article V, Mopeds,
Bicycles and Electric Power-Assisted Bicycles, Scooters, and Skateboards are adopted and
enacted as follows:
Chapter 82 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE I. - IN GENERAL
* * *
Sec. 82-17. - Use of wheelbarrows, handcarts, bicycles, skates, skateboards, scooters, etc., on
sidewalks. roller skates, skateboards and bicycles in certain designated areas prohibited.
(a) No person shall operate, on any sidewalk, any wheelbarrow, handbarrow, handcart, hand
carriage or other carriage or vehicle, whatever, except in passing directly across such
sidewalk for the purpose of delivering goods or other articles. This subsection shall not
prohibit the use of carriages or wheelchairs used to carry infants or invalids on the
sidewalks, nor shall this subsection prohibit the placement of a street vending cart by a
vendor with a valid itinerant vendor license or the maneuvering of such cart to an authorized
street vending site.
(ba) It is prohibited to use roller skates and skateboards and/or ride bicycles or scooters, or
electric power assisted bicycles or scooters, on designated sidewalks or crosswalks,
including those of any church, school, recreational facility, or any business property open to
the public where such activity is prohibited.
(cb) A person riding a bicycle or scooter or an electric power assisted bicycle or scooter on a
sidewalk, or across a roadway on a crosswalk, shall yield the right- of- way to any
pedestrian and shall give an audible signal before overtaking and passing any pedestrian.
(dc) A violation of this section shall be punishable by a civil penalty of not more than $50.00.
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Sec. 82-18. – Parking provisions for bicycles, skateboards, and scooters.
(a) No person shall park or leave standing a bicycle, skateboard, or scooter, except when
necessary to avoid conflict with other traffic or in compliance with the directions of a police
officer or traffic-control device, in any of the following places:
(1) Any sidewalk area where free passage of sidewalk users would be obstructed,
(2) Any street or driveway area where free passage of vehicular traffic would be obstructed,
(3) Any entrance area of a building or facility where reasonable access to such building or
facility would be obstructed, or
(4) Any area where the Town prohibits parking of such vehicles.
(b) If parked in a sidewalk area, skateboards, scooters, and bicycles shall be parked in the
planter and utilities zone or in an area designated by the Town for parking of such vehicles.
The planter and utilities zone shall be defined as the area lying between the street side edge
line of unobstructed sidewalk and the curb line or edge of street pavement. The Town
Manager shall have discretion to determine the appropriateness of certain areas for parking
of bicycles, skateboards and scooters.
(c) Scooters and bicycles shall not be parked in on-street spaces where and when time
limitations on parking are in effect.
Sec. 82-198. - Property owners and town to share cost of installation of curbs, gutters and
sidewalks.
One-half of the cost of the installation of curbs, gutters and sidewalks shall be paid by the
property owner and the town will bear the remaining one-half of the cost of such installation.
When the approximate cost of the installation is determined by the town, the property owner
shall pay his one-half to the town treasurer prior to the installation. Any adjustment that is
necessary will be made after the final cost has been determined, and the property owner shall pay
the balance due the town upon receipt of a statement of account from the town.
Secs. 82-19-20—82-35. - Reserved.
* * *
ARTICLE V. – MOPEDS, BICYCLES AND ELECTRIC POWER-ASSISTED BICYCLES,
SCOOTERS, AND SKATEBOARDS
DIVISION 1. - GENERALLY
Sec. 82-76. - Definition, age of operation.
The following terms, as used in this chapter, shall have the meanings as herein described
below:
All-terrain vehicle means a motor vehicle having three (3) or more wheels that is powered
by a motor and is manufactured for off-highway use. "All-terrain vehicle" does not include four-
wheeled vehicles commonly known as "go-carts" that have low centers of gravity and are
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typically used in racing on relatively level surfaces, nor does the term include any riding lawn
mower.
Bicycle means a device propelled solely by human power, upon which a person may ride
either on or astride a regular seat attached thereto, having two or more wheels in tandem,
including children's bicycles, except a toy vehicle intended for use by young children. For
purposes of this article, a bicycle shall be a vehicle when operated on a street.
Dockless mobility operation means a business that rents skateboards, scooters, or bicycles to
users, and such vehicles are generally inoperable unless activated by a user authorized by the
business operator.
Electric personal assistive mobility device means a self-balancing two-nontandem-wheeled
device that is designed to transport only one (1) person and powered by an electric propulsion
system that limits the device's maximum speed to fifteen (15) miles per hour or less. For
purposes of this article, an electric power assistive mobility device shall be a vehicle when
operated on a street.
Electric power-assisted bicycle means a vehicle that travels on not more than three (3)
wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by
human power and (ii) an electric motor with an input of no more than one thousand (1,000) watts
that reduces the pedal effort required of the rider and ceases to provide assistance when the
bicycle reaches a speed of no more than twenty (20) miles per hour. For purposes of this article,
an electric power-assisted bicycle shall be a vehicle when operated on a street.
Moped means every vehicle that travels on not more than three (3) wheels in contact with
the ground that has (i) a seat that is no less than twenty-four (24) inches in height, measured from
the middle of the seat perpendicular to the ground; and (ii) a gasoline, electric, or hybrid motor
that (a) displaces fifty (50) cubic centimeters or less or (b) has an input of one thousand five
hundred (1500) watts or less; (iii) is power-driven, with or without pedals that allow propulsion
by human power; and (iv) is not operated at speeds in excess of thirty-five (35) miles per hour.
“Moped” does not include a motorized skateboard or scooter. For purposes of this article, a
moped shall be a vehicle when operated on a street.
Motorized skateboard or scooter means every vehicle, regardless of the number of its
wheels in contact with the ground, that (i) is designed to allow a person to stand or sit while
operating the device, (ii) has no manufacturer-issued vehicle identification number, (iii) is
powered in whole or in part by an electric motor, (iv) weighs less than one hundred (100)
pounds, and (v) has a speed of no more than twenty (20) miles per hour on a paved level surface
when powered solely by the electric motor. Motorized skateboard or scooter includes vehicles
with or without handlebars but does not include electric personal assistive mobility devices.
Sec. 82-77. - Penalties.
Any person who shall remove, change, alter or mutilate any electric power-assisted bicycle
or moped frame number shall be deemed guilty of a class 3 misdemeanor; and except as
otherwise provided herein, any person who shall violate any other provision of this article shall
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be deemed guilty of a traffic infraction which shall be punishable by a fine of not more than two
hundred dollars ($200.00).
Sec. 82-78. - Sale, rental of electric power-assisted bicycles and mopeds—Information required.
Information regarding the sale or rental of electric power-assisted bicycles and mopeds
shall be available to the chief of police upon the chief's request from vendors and lessors of
electric power-assisted bicycles and mopeds.
Sec. 82-79. - Summons.
Whenever any police or other officer charged with the duty of enforcing this article shall
discover any person violating any of the provisions of this article, such officer shall take the
name and address of such person and issue a summons to or otherwise notify such person in
writing, if such person be under eighteen (18) years of age, to appear before the judge of the
juvenile and domestic relations court of the Town and if such person be eighteen (18) years of
age or over, to appear before the general district court of the Town, at a time to be specified in
such summons or notice, to be there dealt with according to the provisions of this article and the
laws of the state applicable thereto.
DIVISION 2. - REGISTRATION
Sec.82-80. - Required for mopeds.
It shall be unlawful for any person who resides in the Town to operate or use a moped upon
any of the streets of the Town, or for any parent or guardian to allow any person under the age of
sixteen (16) years, who resides in the Town, to operate or use a moped upon any of the streets of
the Town unless such moped has been properly registered with the Virginia Department of
Motor Vehicles.
Sec.82-81. - Impoundment of abandoned or unregistered and mopeds.
Any moped found without a number plate or tag issued by the Virginia Department of Motor
Vehicles in accordance with section 82-80 of this article and unattended shall be deemed
abandoned. If a reasonable attempt to locate the owner or user in the immediate vicinity of the
moped fails to produce such owner or user, any moped so abandoned shall be taken into custody
and impounded by the chief of police or any officer of the police department.
Sec. 82-82. - Impoundment of unregistered mopeds.
(a) When any police officer or other officer charged with the duty of enforcing this article shall
discover any unregistered moped in any public place in the possession or control of any
person, the officer may take custody of such moped and impound the same. Any moped so
impounded shall be released only upon a satisfactory showing of ownership, payment of five
dollars ($5.00) for storage charges, and proper registration and display of a tag or number
plate by the owner or an agent of the owner.
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(b) Any juvenile whose moped is impounded pursuant to this section shall be escorted forthwith
to his or her place of residence or other appropriate place.
(c) An officer impounding a moped under this section shall inform the person from whom
possession or control of the moped was removed of the provisions of this section. Upon the
taking of the moped into the officer's possession, the officer shall mail or hand-deliver a
notice containing the provisions of this section. In the case of a juvenile, such notice shall be
mailed or hand-delivered to the juvenile's parent or guardian.
(d) If any moped impounded under this section is not reclaimed within thirty (30) days from the
date of impounding, the chief of police or an agent of the chief of police shall cause the
moped to be sold or donated.
DIVISION 3. - OPERATION
Sec. 82-83. - Compliance with traffic signals.
Every person riding a bicycle, electric power-assisted bicycle, moped, or motorized
skateboard or scooter over any public street shall comply with all traffic signs, signals and lights
and with all directions by voice, hand or otherwise, given by any officer of the police department
and shall have all of the rights and duties applicable to the driver of a motor vehicle, unless the
context of the Town code clearly indicates otherwise.
Sec. 82-84. - Hand on handlebars.
No person shall ride a bicycle, electric power-assisted bicycle, moped, or motorized scooter
on any street without having at least one (1) of his or her hands upon the handlebars and no
person operating a bicycle or moped on a street shall carry any package, bundle, or article which
prevents the driver from keeping at least one (1) hand on the handlebars.
Sec. 82-85. - Riding on sidewalks.
No person shall ride a bicycle, electric power-assisted bicycle, moped, or motorized scooter
upon any sidewalk or cross a roadway on a crosswalk, whether paved or unpaved, in the Town.
Sec. 82-86. - Reckless riding.
No person shall ride a bicycle, electric power-assisted bicycle, moped, or motorized
skateboard or scooter recklessly or at a speed or in a manner so as to endanger the life, limb or
property of the rider or of any other person.
Sec. 82-87. - Carrying other persons.
No person riding a bicycle, electric power-assisted bicycle, moped, or motorized skateboard
or scooter shall carry any additional person on the same.
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Sec. 82-88. - Holding on to moving vehicle.
No person riding a bicycle, electric power-assisted bicycle, moped, or motorized skateboard
or scooter shall take or catch hold of or attach the same or himself/herself to any moving
automobile, bus or other vehicle of any kind upon any street, for the purpose of being drawn or
propelled by the same.
Sec. 82-89. - Hand signals.
Before turning or altering the course of operation of any bicycle, electric power-assisted
bicycle, or motorized skateboard or scooter, the operator thereof shall give signals by extension
of the hand to indicate the direction in which it is intended to proceed.
Operators of mopeds shall use the electronic signaling devices that the moped is equipped
with before turning or altering course of operation. If operating a moped with malfunctioning
signal devices, or no signaling devices, the operator shall use hand signals.
Sec. 82-89. - Method of riding.
Any person operating a bicycle, electric personal assistive mobility device, electric power-
assisted bicycle, moped, or motorized skateboard or scooter on a street at less than the normal
speed of traffic at the time and place under conditions then existing shall ride as close as safely
practicable to the right curb or edge of the street except under any of the following
circumstances:
(1) When overtaking and passing another vehicle proceeding in the same direction;
(2) When preparing for a left turn at an intersection or into a private road or driveway;
(3) When reasonably necessary to avoid conditions including, but not limited to, fixed or
moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or
substandard width lanes that make it unsafe to continue along the right curb or edge;
(4) When avoiding riding in a lane that must turn or diverge to the right; and
(5) When riding upon a one-way street, a person may also ride as near to the left-hand curb
or edge of such street as safely practicable.
For purposes of this section, a "substandard width lane" is a lane too narrow for bicycle,
electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard
or scooter, or moped and another vehicle to pass safely side by side within the lane.
Persons riding bicycles, electric personal assistive mobility devices, electric power-assisted
bicycles, or motorized skateboard or scooter on a street shall not ride more than two (2) abreast.
Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic,
shall move into a single file formation as quickly as is practicable when being overtaken from the
rear by a faster moving vehicle, and, on a laned roadway, shall ride in a single lane.
Sec. 82-90. - Brakes.
Every bicycle, electric power-assisted bicycle, moped, or motorized skateboard or scooter
operated on any street shall be equipped with adequate brakes.
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Sec. 82-91. – Lights.
Every bicycle, electric personal assistive mobility device, electric personal delivery device,
electric power-assisted bicycle, moped, and motorized skateboard or scooter with handlebars
when in use between sunset and sunrise shall be equipped with a headlight on the front emitting
a white light visible in clear weather from a distance of at least 500 feet to the front and a red
reflector visible from a distance of at least 600 feet to the rear when directly in front of lawful
lower beams of headlights on a motor vehicle. Such lights and reflector shall be of types
approved by the chief of police or his or her designee. A lamp emitting a red light visible in clear
weather from a distance of five hundred (500) feet to the rear may be used in lieu of or in
addition to the red reflector. Such lights and reflector shall be of types approved by the chief of
police or his or her designee.
Sec. 82-92. - Riding out of lanes, alleys and driveways.
Every person riding a bicycle, electric power-assisted bicycle, moped, or motorized
skateboard or scooter out of a lane, alley or private driveway across a sidewalk or sidewalk area
shall first bring such bicycle, electric power-assisted bicycle or moped to a stop before crossing
such sidewalk or sidewalk area.
Sec. 82-93. - Law enforcement officers.
(a) Any law enforcement officer of the Town, operating a bicycle, electric power-assisted
bicycle, all-terrain vehicle, moped, or motorized skateboard or scooter during the course of
his or her duties, shall be exempt from the provisions of this division.
(b) Any bicycle, electric power-assisted bicycle, all-terrain vehicle, moped, or motorized
skateboard or scooter being operated by a law enforcement officer of the Town, during the
course of his or her duties, shall be deemed to be a law enforcement vehicle and shall have
the same rights and privileges as any other law enforcement vehicle when the bicycle, all-
terrain vehicles or moped is being operated in response to an emergency call, while engaged
in rescue operations or in the immediate pursuit of an actual or suspected violator of the law.
Sec. 82-94. - Requirement of safety equipment for mopeds.
(a) Any person who operates a moped on a public street shall wear a face shield, safety glasses,
or goggles of a type approved by the superintendent of the Virginia State Police, or have the
moped equipped with safety glass or a windshield at all times while operating such moped,
and operators and passengers thereon, if any, shall wear a protective helmet of a type
approved by the superintendent of the Virginia State Police.
(b) Any person who knowingly violates this section shall be guilty of a traffic infraction and be
subject to a fine of not more than fifty dollars ($50.00).
(c) A violation of this section shall not constitute negligence, be considered in mitigation of
damages of whatever nature, be admissible in evidence or be the subject of comment by
counsel in any action for the recovery of damages arising out of the operation, ownership, or
maintenance of a moped, nor shall anything in this section change any existing law, rule, or
procedure pertaining to any civil action.
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Sec. 82-95. - Persons riding upon mopeds.
(a) No person under the age of sixteen (16) years shall operate a moped on any street in the
Town.
(b) No person other than the operator thereof shall ride upon a moped unless such moped is
designed to carry more than one (1) person, in which event a passenger may ride upon a
separate and permanent seat attached thereto; provided, however, that such moped is also
equipped with a footrest for such passenger. A violation of this section shall constitute a
traffic infraction punishable by a fine of not more than two hundred dollars ($200.00).
Sec. 82-96. - Parking.
No person shall park a bicycle, electric power-assisted bicycle, or motorized skateboard or
scooter in a manner that impedes the normal movement of pedestrian or other traffic or where
such parking is prohibited by official traffic control devices.
DIVISION 4. - DOCKLESS MOBILITY OPERATIONS
Sec. 82-97. - Permit requirement.
The operation of a dockless mobility operation within the Town's rights-of-way shall be
prohibited without a permit issued by the Town Manager. The vehicles of an unpermitted
dockless mobility operation shall be subject to confiscation by the Town.
Sec. 82-98. - Permitting and permit requirements.
The Town Manager shall develop and publish a process for issuance of permits under this
section as well as rules and regulations for dockless mobility operations as a condition of
permitting. The fee for such permit shall be established by Town Council as a part of the Town's
fee compendium.
This Ordinance adopted on motion made by Council Member ____________________ and
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
December 17, 2019
Department
Administration
Issue
Consider adoption of a Resolution declaring the Town of Vinton a Second Amendment Sanctuary Town
Summary
Town staff was contacted by a Town of Vinton resident, who requested that Council consider declaring
the Town a Second Amendment Sanctuary Town. The Town Attorney was contacted and has prepared
the attached Resolution for Council’s consideration.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
DECEMBER 17, 2019 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179.
A RESOLUTION IN SUPPORT OF THE SECOND AMENDMENT
OF THE UNITED STATES CONSTITUTION
WHEREAS, the Second Amendment of the United States Constitution reads: “A well regulated
Militia, being necessary to the security of a free State, the right of the people to
keep and bear Arms, shall not be infringed;” and
WHEREAS, Article 1, Section 13, of the Constitution of Virginia provides “[t]hat a well
regulated militia, composed of the body of the people, trained to arms, is the proper,
natural, and safe defense of a free state, therefore, the right of the people to keep
and bear arms shall not be infringed;” and
WHEREAS, the members of the Town Council of the Town of Vinton (“Council”) have taken
an oath to defend and uphold the constitutions of the United States and the
Commonwealth of Virginia; and
WHEREAS, the Council is concerned that certain legislation prefiled for introduction in the 2020
Virginia General Assembly, and certain legislation that has been introduced in the
United States Congress, may have the effect of infringing on the rights of law-
abiding citizens of the Town to keep and bear arms, as guaranteed by the United
States and Virginia Constitutions; and
WHEREAS, the Council is concerned that the passage of any bill imposing unnecessary burdens
on law-abiding citizens will, if the burdens are to be enforced by local officials,
effectively impose unfunded mandates on the Town associated with the
enforcement of new laws and regulations; and
WHEREAS, the Council wishes to express its deep commitment to the rights of all citizens of
the Town of Vinton to keep and bear Arms; and
WHEREAS, the Council wishes to express opposition to any law that would unconstitutionally
restrict the rights of the citizens of the Town to keep and bear arms; and
WHEREAS, the Council wishes to express its intent to stand as a Sanctuary community for
Second Amendment rights, and to oppose, within the limits of the Constitutions
and laws of the United States and the Commonwealth of Virginia, any efforts to
unconstitutionally restrict such rights, and to use such legal means at its disposal to
protect the rights of the citizens of the Town to keep and bear arms, including
through legal action, petition for redress of grievances, and not enforcing any law
ruled unconstitutional; and
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WHEREAS, the Council is aware that, pursuant to Section 15.2-915 of the Code of Virginia,
1950, as amended, the Town has no legislative or enforcement authority related to
“the purchase, possession, transfer, ownership, carrying, storage or transporting of
firearms, ammunition, or components or combination thereof other than as
expressly authorized by statute”; and
WHEREAS, the Council nevertheless wishes to express its sentiments, together with the
sentiments of the Vinton community as a whole, with regard to this important
matter, and its continuing intent to take lawful action to protect these important
rights.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VINTON, VIRGINIA, AS FOLLOWS:
1. The Town Council of the Town of Vinton hereby declares the Town of Vinton to be a
Second Amendment Sanctuary community, wherein the rights of law-abiding citizens to
keep and bear arms for the purposes of lawful self-defense, community defense, and
hunting, as protected by the United States and Virginia Constitutions, is part of the fabric
of the community since before the foundation of the Republic, and is and must be respected,
celebrated and upheld; and
2. The Town Council of the Town of Vinton affirms its support for the rights ensured and
protected by the Constitutions of the United States and Virginia, including the rights of
law-abiding citizens to keep and bear arms; and
3. The Town Council of the Town of Vinton urges the General Assembly, the United States
Congress, and other agencies of State and Federal government to vigilantly preserve and
protect those rights and not to adopt, accept, or enact any provision, law, or regulation that
may infringe, have the tendency to infringe, or place any additional burdens on the right of
law-abiding citizens to keep and bear arms; and
4. The Town Council of the Town of Vinton expresses its intent to continue to take lawful
actions to protect and support the rights of its citizens to keep and bear arms as guaranteed
by the United States and Virginia Constitutions; and
5. The Town Council of the Town of Vinton opposes, in particular, any provision, law, or
regulation that may impose additional regulatory burdens on its citizens or result in
mandates, whether mandatory or practical, to expend additional public funds on
enforcement or administration of such laws; and
6. The Town Manager is directed to cause true copies of this resolution to be forwarded to
the Town’s representatives in the General Assembly and the United States Congress and
to the Governor of Virginia; and
7. This Resolution is effective upon adoption.
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This Resolution was 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