Article VII

GENERAL PROVISIONS

701. Non-Conforming Lots, Buildings, and Uses

It is the intent of this Ordinance to recognize that the elimination of existing lots, buildings, and structures or uses that are not in conformity with the provisions of this Ordinance is as much a subject of health, safety, and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this Ordinance. It is therefore the intent of this Ordinance to permit these non-conformities to continue, but not to encourage their survival, permit their expansion, or permit their use as grounds for adding other structures or uses prohibited elsewhere in the same district. Therefore, any structure or use of land existing at the time of the enactment of this Ordinance, and amendments thereto, but not in conformity with its regulations and provisions, may be continued subject to the following provisions:

701.01 Lots of Record. Where a lot of record at the time of enactment of this Ordinance does not contain land of sufficient area or width to permit conformity with the dimensional requirements of this Ordinance, the following provisions shall apply:

a. When two or more adjoining and vacant lots with continuous frontage are in single ownership at the time of enactment of this Ordinance or amendments thereto, and each of such lots have a width or lot area less than is required by the district in which they are located, such lots shall be platted and re-parceled so as to create one or more lots which conform to the minimum lot width and area requirements of the district.

b. Where a single non-conforming lot of record at the time of enactment or amendment of this Ordinance is not of continuous frontage with other lots in the same ownership, such lot may be used as a building site, provided that yard dimensions, and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located. Variances of yard requirements may be obtained only through appeal to the Board, as outlined in Section 1104 herein.

701.02 Non-Conforming Structures. Where a lawful structure exists at the time of enactment or amendment of this Ordinance that could not be built in the district in which it is located by reason of restrictions on area, lot coverage, height, yard dimensions, or other requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a. Any structure or portion thereof declared unsafe by the Building Official may be restored to a safe condition, provided that the requirements of this section are met, and that the cost of restoration of the structure to a safe condition shall not exceed fifty percent (50%) of its replacement cost at the time of the declaration of the Building Official.

b. No non-conforming structure may be enlarged or altered in any way which increases its non-conformity; any structure or portion thereof may be altered to decrease its non-conformity.

c. Notwithstanding the provisions of Section 701.02(b) above, whenever repairs on or installation of plumbing fixtures in residential structures is required by law or administrative action of the Health Department or the Building Official, such alterations shall be permitted, provided that where such alterations require an addition to the structure, such addition shall be no nearer the lot line than permitted by the requirements of this Ordinance. Where an existing residential structure exceeds these requirements the said addition shall extend no nearer the lot line than the existing building line.

d. Should a non-conforming structure be moved, it shall thereafter conform to the yard dimension requirements of the district in which it is located after it is moved.

e. No non-conforming building or structure, if all or substantially all thereof is destroyed or razed, shall be restored in a non-conforming form or location for the continuance of a non-conforming use, except such a building or structure, if destroyed accidentally due to fire, explosion, or other accidental cause, may be restored in substantially the same form but without enlargement, for the continuance of the non-conforming use, provided the pre-existing use is commenced within a period of two years from the date of destruction. If the use of said building or structure which existed prior to its said destruction is not resumed within two years from the date of its said destruction, it shall be presumed to have been abandoned and discontinued, and any use thereafter of said property shall conform to the regulations of the district in which the land, structure or building is located.

701.03 Non-Conforming Uses of Land. Where a lawful use of land exists at the time of enactment or amendment of this Ordinance that would not be permitted by the regulations imposed herein, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

a. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time of enactment or amendment of this Ordinance.

b. No such non-conforming use shall be moved in whole or in part, to any portion of the lot or parcel other than that occupied by such use at the time of enactment or amendment of this Ordinance.

c. No such non-conforming use shall be altered, in whole or in part, to another use which does not conform to the requirements of this Ordinance for the district in which the land is located.

d. In the event that such use ceases for any reason for a period of more than two (2) years any subsequent use shall conform to all requirements of this Ordinance for the district in which the land is located.

e. No additional structure not conforming to the requirements of this Ordinance shall be constructed in connection with such non-conforming use.

701.04 Non-Conforming Uses of Structures. Where a lawful use involving individual structures, or of structures and premises in combination, exists at the time of enactment or amendment of this Ordinance, that would not be permitted in the district in which it is located under the requirements of this Ordinance, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

a. No structure existing at the time of enactment or amendment of this Ordinance devoted to a non-conforming use shall be enlarged, extended, moved, or structurally altered, except repairs on or installation of plumbing fixtures required by law or administrative action of the Health Department or the Building Official, or the changing of interior partitions or interior remodeling; or except in changing the use of the structure to a conforming use.

b. A non-conforming use of a structure may be extended to include use of the entire structure, but shall not be extended to include either additional structures or land outside the structure.

c. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of two consecutive years except when government action impedes access to the premises; or when a non-conforming use is superseded by a permitted use, the structure and premises shall not thereafter be used except in conformity with the regulations of the district in which it is located.

d. Where a structure which is used in combination with its premises for a use not in conformity with the regulations herein is removed or destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at the time of destruction, use of the land shall thereafter conform to the regulations applicable to the district in which it is located.

702. Off-Street Parking, Driveways, and Entrances

Off-street automobile storage or parking space shall be provided on every lot on which any permitted or conditional use is established in accordance with this Ordinance.

702.01 General Requirements. For the purpose of this Ordinance, the following general requirements are specified:

a. All driveway entrances, excluding one and two family residences, shall conform to the Virginia Department of Transportation minimum standards as amended. All other minimum driveway width standards are as follows:

1. Minimum for One and Two Family dwellings, and all uses in the LP district: ten (10) feet wide at property line.

2. Minimum for other than One and Two Family: Thirty (30) feet wide at the property line.

b. The term off-street parking space shall mean a space at least nine (9) feet wide and eighteen (18) feet in length. Minimum two-way traffic aisles in off street lots shall be 24 feet in width. Minimum one way traffic aisles shall be twelve feet in width. Off-street lots and off-street parking spaces shall meet the requirements set by the following policy on parking area dimensions from the current edition of the Transportation and Traffic Engineering Handbook of the Institute of Transportation Engineering.

c. Driveways for other than one or two family dwellings shall meet the following requirements:

1. one way: residential 10' commercial 11' industrial 11'

2. two way: residential 20' commercial 22' industrial 22'

d. Handicapped parking shall be required as provided for in the Virginia Uniform Statewide Building Code.

e. Parking spaces for all dwellings shall be located on the same lot with the main buildings to be served. If an off-street parking space cannot be reasonably provided on the same lot on which the main use is conducted, the Zoning Administrator may permit such space to be provided on other off-street property, provided such space lies within 600 feet of the property line of such main use. Such vehicle parking space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

f. The required number of parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that a portion of the parking space required for an existing church, movie theater, or other use whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sunday.

g. Areas reserved for off-street parking in accordance with the requirements of this Ordinance shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking space is provided to the satisfaction of the Zoning Administrator.

h. Off-street parking existing at the effective date of this Ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use. Existing off-street parking which is provided in an amount less than the requirements stated hereinafter shall not be further reduced.

i. Construction vehicles, trucks, and trailers of a gross weight of more than 6,000 pounds shall not be parked in the area between the front lot line and the setback line in any residential district.

702.02 Parking Space Requirements for All Districts. Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal in area to at least the minimum requirements for the specific land use set forth. The following parking requirements shall apply in all districts, except as noted in Section 702.03.

Land Use	Parking Requirements
Dwellings:
a. One and Two Families	Two (2) spaces for each dwelling unit. New parking shall be provided on side and rear yards only
b. Multi-family	Two (2) spaces per dwelling unit
c. Hotels	One (1) space for each bedroom plus one (1) additional space for each two (2) employees
d. Motels, tourist courts	One (1) space for each sleeping room plus one (1) space for each two (2) employees
e. Mobile home parks	Two (2) spaces per mobile home
f. Travel trailer parks	One (1) space for each travel trailer, Motor home, or camper
g. Boarding and rooming houses, dormitories	One (1) space for each bedroom
Public Assembly:
a. Churches and other places of worship	One (1) space for each four (4) seats in the main auditorium or sanctuary.
b. Private clubs, lodges, and fraternal buildings not providing overnight accommodations	One (1) space for each five (5) members
c. Theaters, auditoriums, coliseums, stadiums and similar places of assembly	One (1) space for each four (4) seats
d. Libraries, museums	Three (3) spaces for each 500 square feet of gross floor area
e. Schools, including kindergarten, playschools and daycare centers	One (1) space for each four (4) seats in assembly hall, or one (1) space for each employee, including teachers and administrators, whichever is greater, plus five (5) spaces per classroom for high school and colleges
f. Skating rinks, dance halls, exhibition halls, pool rooms, and other places of amusement or assembly without fixed seating arrangements	Four (4) spaces for each 200 square feet of floor area
g. Bowling alleys	Four (4) spaces for each alley
Health Facilities:
a. Hospitals, sanitariums, nursing homes, homes for the aged and similar institutional uses	Two (2) spaces for each three (3) beds, plus one (1) space for each staff or visiting doctor, plus one (1) space for each other four (4) employees, on the working shift
b. Kennels and animal hospitals	A net parking area equal to thirty percent (30%) of the total enclosed or covered area
c. Medical, dental and health offices and clinics	One (1) space for each 200 square feet of floor area used for offices and similar purposes
d. Mortuaries and funeral parlors	Five (5) spaces per parlor or chapel unit, or one (1) space per four (4) seats, whichever is greater
Businesses:
a. Automobile repair and service establishments	One (1) space for each regular employee plus one (1) space for each 200 square feet of floor area used for repair
b. Food stores	One (1) space for each 100 square feet of floor area designated for retail sales only
c. Restaurants, including bars, cafes, taverns, night clubs, lunch counters, and all similar dining and/or drinking establishments	One (1) space for each 75 square feet of public floor area provided that this number will be adequate for the nature of the eating establishment and that there are a minimum of eight (8) spaces provided.
d. Office buildings including banks, businesses, commercial and professional offices and buildings	One (1) space for each 300 square feet of floor area
e. General business, commercial or personal service establishments catering to the retail trade but excluding food stores	One (1) space for each 200 square feet floor area
f. Shopping centers	Seven (7) spaces for each 1,000 square floor area designated for retail sales only for centers up to fifteen (15) acres in size and one (1) space for each 200 square feet of floor area designed for retail sales only for centers fifteen (15) or more acres in size
g. Furniture stores	One (1) space for each 300 square feet of gross floor area
h. Public utilities, such as telephone exchanges and substations, radio and electric power and gas substations	A parking area equal to twenty-five percent (25%) of the gross floor area
i. Drive-in or take-out restaurants where seating is not provided	One (1) parking space for every 75 square feet of gross floor area, with a minimum of six (6) spaces
Industries:
a. Commercial, manufacturing and industrial establishments not catering to the retail trade	One (1) space for each three (3) employees on the maximum working shift, plus one (1) space for each company vehicle operating from the premises
b. Wholesale establishments	One (1) space for every fifty (50) square feet of customer service area, plus one (1) space for each three (3) employees on the maximum working shift, plus one (1) space for each company vehicle operating from the premises

702.03 Parking Requirements: Limited Business District B-1, and Limited Professional District LP.

In cases in which existing lot or building sizes prohibits feasible satisfaction of the requirements within the Limited Business District B-1, or Limited Professional District LP, the Zoning Administrator may adjust and review the parking requirements. Procedures specified do not apply to existing buildings, in which case the parking requirements of this Ordinance may be waived by the Zoning Administrator. In a LP district, however, the development requirements for parking may be waived only when a minimum of two permanent, off-street parking spaces can be demonstrated.

702.04 Site Requirements. Excepting parking and driveways of 1 and 2 family dwellings, all off-street parking shall be laid out, constructed, and maintained in accordance with the following requirements:

a. All such parking and drive areas shall be graveled or paved before being opened to the public.

b. Entrances shall be constructed in accordance with requirements of the City of Bedford.

c. Lighting facilities shall be so arranged that light is reflected away from adjacent properties.

d. The parking lot shall be adequately drained in accordance with the specifications and requirements of the City of Bedford.

e. In B-1 and B-2 districts, all parking areas must be paved, and parking spaces with street frontage must also be provided with concrete curbs or other restrictive barriers.

f. The parking lot shall be landscaped in accordance with the requirements specified in Section 705.00

703. Off-Street Loading and Unloading Space

Off-street loading and unloading spaces shall be provided as hereinafter required by this Ordinance, or in accordance with the Transportation and Traffic Engineering Handbook of the Institute of Transportation Engineering or the current edition of Architectural Graphic Standards.

703.01 Connection to Road or Alley. Each required off-street loading space shall have direct access to a road or alley to have a driveway which offers satisfactory ingress and egress for trucks.

703.02 Space Provided. There shall be provided for each hospital, hotel, commercial, or industrial building, or similar use requiring the receipt of distribution of materials or merchandise off-street loading space adequate in size and number for use. Such space shall be so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, road, or alley.

703.03 Space Required. There shall be provided for each hospital, hotel, commercial or industrial building, or similar use requiring the receipt or distribution of materials or merchandise, off-street loading space adequate in size and number for use. Such space shall not be located so as to hinder the free movement of pedestrians and vehicles over a sidewalk, road or alley.

703.04 Bus and Trucking Terminals. There shall be provided sufficient space to accommodate the maximum number of buses or trucks to be stored or to be located at the terminal at any one time.

703.05 Location of Off-Street Loading Spaces. All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve, or on an adjacent lot when shared with the use occupying said adjacent lot.

703.06 Permanent Reservation. Areas reserved for off-street loading in accordance with the requirements of this Ordinance shall not be reduced in area or changed to any other use unless the use which is served is discontinued or modified, except where equivalent loading space is provided and is approved by the Zoning Administrator.

704. Control of Vision Clearance

No fence, wall, shrubbery, sign, marquee, or other similar obstruction to vision between the heights of two and one-half (2 1/2) and ten (10) feet from the ground level shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of two roads or railroad lines, or of a road intersection with a railroad line.

705. Landscaping

It is recognized that the planting of trees and vegetation, as well as the conservation of existing trees and vegetation, can serve to significantly improve the quality of the physical environment. It is also recognized that the uncontrolled cutting or destruction of trees and wooded areas can significantly damage the physical environment, causing increased municipal costs, the encouragement of substandard development, and the reduction of property values. It is therefore in the interest of the public health, safety, and welfare to enact regulations that would promote the planting and preservation of landscape materials which:

a. provide screening between incompatible land uses,

b. provide for the protection of ground water and air quality,

c. promote traffic safety by controlling views,

d. provide shade and enhancement for urban areas, and

e. provide a natural habitat for wildlife.

705.01 Application of this Article. Except as otherwise provided, the landscaping requirements of this chapter shall apply to all land, public and private, located in the City of Bedford's zoning jurisdiction. However, none of these requirements shall apply to:

a. Improvements or repairs to interior and exterior features of existing structures or buildings which do not result in expansion, reconstruction, nor changes in the type of occupancy as set forth by the Virginia State Building Code.

b. A single or two (2) family detached dwelling on its own lot.

705.02 General Requirements and Minimum Standards. The following general requirements and minimum standards shall apply for all landscaping required by this code:

a. Existing tree cover within any proposed subdivision or development plan shall be retained to the greatest extent possible and taken fully into account in the design of the improvements and grading of any property.

b. Existing trees preserved on the site may be used to satisfy the requirements for landscaping. Any existing tree used to meet the requirements of this Ordinance must be at least three (3) inch caliper, in healthy condition, and be protected from construction activity.

c. The owner is responsible for maintaining all required plant material in good health. All plant materials shall conform to the Association of Nurserymen Standards for Nursery Stock. Any dead, unhealthy, or missing plants must be replaced within six (6) months with locally adapted vegetation which conforms with the planting standards of this code.

d. All shade trees must be 10 to 12 feet high and one and a half (1-1/2) to two (2) inch caliper when planted. All flowering trees must be 6 (six) feet high and three quarters (3/4) inch caliper when planted. All shrubs must be at least one (1) gallon container size when planted. All plantings must be in a mulched planting bed.

e. Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles, or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety. Whenever the enforcement of the provisions of this Ordinance may be deemed a traffic hazard, the Zoning Administrator may waive any or all requirements.

705.03 Required Landscaping.

a. Street trees shall be required along existing and proposed streets for any commercial, multifamily, townhouse or industrial development which is subject to site plan approval or not exempted in Section 705.01 of this ordinance.

1. Along any street right of way on which the utility pole for power, street lights and/or telephone service is or will be located, at least one (1) flowering or ornamental tree shall be planted for every 25 feet of street frontage at approximately 20 feet on center.

2. On any street right of way on which utilities are not and will not be located, one (1) shade tree shall be planed for every 50 feet, or portion thereof, of road frontage or one (1) flowering or ornamental tree shall be planted for every 25 feet of street frontage at approximately 25 feet on center.

Shade trees every 50 feet

b. The following landscaping shall be required for parking lots consisting of five (5) or more spaces:

1. When a parking lot fronts on an existing or proposed street, trees shall be planted in accordance with Section 705.03(a). An additional row of low shrubs shall be required between the street and the parking lot consisting of at least one (1) low shrub for every five (5) feet of street frontage.

2. Interior landscaping for parking lots shall consist of one (1) shade tree for every twelve (12) parking spaces.

c. Vegetative screening shall be required at all side and rear yards when limited professional, commercial, industrial, multifamily or townhouse developments abut a single family residential district R-1, low density residential district R-1A, medium density residential district R-2, or a detached single family developed lot or subdivision in a high density residential district R-3. Such screening shall be at least six (6) feet in height. If using approved vegetation, such screening shall consist of one row planted not more than ten (10) feet on center or two staggered rows planted not more than fifteen (15) feet on center. Screening shall not be required when abutting an existing or proposed street, in which case the street tree (705.03a) requirements of this article shall apply. Alternate methods of screening such as walls or earth berms may be used in lieu of vegetative screening with the approval of the Zoning Administrator.

d. Suggested Trees and Shrubs.

1. Street and shade trees: Green Ash, Red Maple, Norway Maple, Sugar Maple, Red Oak, Willow Oak, Japanese Pagoda Tree, Littleleaf Linden, Silver Linden, Zelkova, Yellowwood.

2. Ornamental or flowering trees: Amur Maple, Dogwood, Washington Hawthorn, American Plum, Bradford Pear, Serviceberry, Redbud and Shadblow.

3. Evergreen or flowering shrubs: English Yew, Japanese Yew, Azalea, Chinese Holly, Rhododendron, Abelia, Cotoneaster, Forsythia, Viburnum, Winged Euonymus, and Flowering Quince.

4. Screening: Cedar, Austrian Pine, Norway Spruce, American Holly, Arborvitae, Foster Holly, Cypress and White Pine

705.04 Enforcement.

a. When the submission of a site plan is required by this Ordinance, a landscape plan shall also be required. This plan shall include the following information: the location, size and type of all proposed plant materials, and verification that the minimum landscaping and screening requirements specified in this article have been met. If such information is already included on the site plan to the satisfaction of the Zoning Administrator, this requirement may be waived.

b. Final certificates of zoning may be held pending completion of the landscaping to the satisfaction of the zoning administrator. A certified check, irrevocable letter of credit or other surety satisfactory to the city may be secured to allow for the issuance of the certificate prior to completion; however, such certificate should be obtained prior to issuance of a building permit.