Article IX

SPECIAL PROVISIONS

901. Accessory and Temporary Buildings

901.01 Accessory Buildings and Structures. The location of accessory buildings and uses in residential districts must meet the following conditions:

a. Accessory buildings and structures shall not be located in the front yard.
b. Side and rear setbacks shall not be closer to a lot or property line than the required minimum side yard distance for lots within the district.
c. Building height shall not exceed 2 stories.
901.02 Temporary Uses and Temporary Buildings.
[Amended 9/27/01]

Mobile or Modular Offices for Construction Purposes - The Zoning Administrator may issue a temporary zoning permit for a construction trailer on a site with a valid building permit. All front, side, and rear yard requirements shall apply.
Temporary Residential Uses - If fire, explosion, or other accidental cause or natural disaster occurs which results in the destruction of a single family home (with damage costs greater than 60% of the current tax value listing), the Zoning Administrator may issue a temporary zoning permit for one manufactured structure to be used as a temporary residence, subject to the following:

The manufactured structure may not be located in the front yard of the lot.
The manufactured structure may be located no closer than 15 feet from the principal structure on any adjacent lot, and no closer than 10 feet to any lot line.
The use is limited to twelve consecutive months. One six- month renewal may be granted if substantial reconstruction of the dwelling has occurred and work has progressed and continues to do so.

Temporary Classrooms - A manufactured structure as temporary classroom space for any church, school, university, or college, may be permitted as a conditional use under the provisions of Section 606.02 subject to the following:

The structure may be located only in a rear yard.
Underpinning is required for any manufactured structure.
Aesthetically pleasing landscaping in accordance with Section 705 must be employed.
All front, side, and rear yard requirements must be met.
Off street parking in accordance with Section 702 must be employed on site.
The temporary use permit shall expire two years from the date of approval. One renewal may be granted by the City Council for a period of time not to exceed two years. A bone fide capital plan designed to abate the need for the temporary use may be requested.

Upon the expiration of the specified term of temporary use or within thirty (30) days of completion of the permanent facility for which the temporary use is being substituted, any manufactured or mobile structure shall be remoed and any permanent structures must be converted to a use permitted in the applicable district.

902. Automobile Service Stations

902.01 Location. The building and service area (to include all automotive maintenance, cleaning and pumping of gasoline) shall not be within 100 feet of any residential lot, or any property containing a school, public playground, church, hospital, public library, or institution for children or dependents.

902.02 Site Requirements. An automobile service station shall have a minimum frontage on any road of 120 feet and a minimum area of 12,000 square feet. The main buildings excluding canopies, awnings, etc. shall have a minimum setback of forty (40) feet from the right of way line of any street with a right of way of fifty (50) feet or wider, or sixty five (65) feet from the center line of any street with a right of way of less than fifty (50) feet. Curb breaks shall be limited to two, in accordance with VDOT minimum standards of entrance.

902.03 Gasoline Pump Islands. All gasoline pump islands shall be set back at least fifteen (15) feet from the right-of-way line where the right-of-way is fifty (50) feet or wider, or forty (40) feet from the street center line where the right-of-way is less than fifty (50) feet. Where the pump islands are constructed perpendicular to the right-of-way line, the pump island shall be set back at least thirty (30) feet from the right-of-way line where the right-of-way is fifty (50) feet or wider, or fifty-five (55) feet from the street center line where the right-of-way is fifty (50) feet or less.

902.04 Other Site Improvements. In addition to the above requirements, the following additional site improvements shall be required.

a. Exterior lighting shall be arranged so that it is deflected away from adjacent properties.

b. Signs, whether permanent or temporary, shall not be placed within the public right-of-way and shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

c. All drives, parking, storage, and service areas shall be paved.

903. Home Occupations

903.01 Special Requirements. Home occupations, where permitted, must meet the following special requirements:

a. The applicant must be the owner of the property on which the home occupation is to be located, or must have written approval of the owner of the property if the applicant is a tenant.

b. The home occupation shall be operated by the members of the family residing on the premises and no article or service shall be sold or offered for sale except by members of the immediate family residing on the premises.

c. The processing, servicing and storage involved in the home occupation shall be totally within the main building and shall no occupy more than twenty-five percent (25%) of the floor area within said building.

d. The home occupation shall not generate traffic in greater volume than would normally be expected in a residential neighborhood or produce obnoxious odors, glare, noise, vibration, electrical disturbance, radio activity, or other condition detrimental to the character of the surrounding area.

e. The building in which the home occupation is to be located must be an existing structure ready for occupancy and not a proposed structure.

f. The presence of the home occupation shall not change the outside appearance of the dwelling, nor increase the parking area for the dwelling, nor shall any signs for the home occupation be permitted.

903.02 Expiration. A permit for home occupation shall expire under the following conditions:

a. Whenever the applicant ceases to occupy the premises for which the home occupation was issued. No subsequent occupant of such premises shall engage in any home occupation until they have been issued a new permit after proper application.

b. Whenever the holder of such a permit fails to exercise the same for any period of six (6) consecutive months.

904. Signs

Part I. General Provisions

904.01 Intent; Applicability. The purpose of the following sign requirements is to regulate the size, location, height and construction of all signs placed for public observance within the City of Bedford. These regulations are intended to promote and protect the health, safety and welfare of the public and further the economic development goals of the comprehensive plan by:

1. Protecting and enhancing property values;

2. Creating a more attractive and professional business climate and encouraging high professional standards in sign design and display;

3. Protecting the scenic, natural and historic character of the city;

4. Promoting traffic safety by preventing obstructions within public rights-of-way, minimizing visual distractions to motorists, ensuring that sign size and height are appropriate to their location, and preventing conflicts with public safety signs;

5. Ensuring that signs do not interfere with police and fire protection;

6. Protecting the safety of people and property against sign hazards due to collapse, decay or abandonment;

7. Permitting signs that are appropriate to the planned character and development of each zoning district.

These regulations shall apply to the construction, erection, alteration, use, relocation or reconstruction of all signs placed for public observance within the City of Bedford.

904.02 Sign Permit Required - General Requirements.

a. Except as provided in Section 904.03 below, no sign or sign structure shall be erected, displayed, altered, relocated, replaced or reconstructed without a sign permit issued by the Zoning Administrator in accordance with the provisions of Part III of these sign regulations. All signs shall be located on the same lot with the principal use to which they pertain. Failure to adhere to the requirements of this Ordinance automatically cancels such permit and said sign or structure shall be removed forthwith.

b. All signs, whether permanent or temporary, shall comply with all applicable provisions of this Ordinance, the Uniform Statewide Building Code, as amended, and all state and federal regulations pertaining to the display of signs.

904.03 Signs Allowed Without a Permit. Sign permits shall not be required for the following signs; however, all other applicable regulations of this Ordinance shall apply.

Address or identification signs. Signs not exceeding one (1) square foot in area, attached flat against a building or mailbox, or mounted on a post no greater than six (6) feet in height, indicating the address or name of a building occupant.

Changing the message content of a conforming sign.

Commemorative plaques and historical markers erected by a recognized historical organization or governmental body, not exceeding four (4) square feet in area.

Flags, emblems or insignias of any government agency or religious, charitable, public, or non-profit organization, provided that no single flag shall exceed 54 square feet in area and the area of any flags beyond four per lot shall be counted as part of the allowable sign area for such lot. An exception may be made for flags approved as part of a Planned Memorial Park District under Section 904.10.

Handicapped parking space signs, not exceeding the minimum requirements legally enforceable by the law.

Traffic Direction. Signs directing traffic movement within a premise not exceeding four square feet in area and not containing a commercial message other than a logo.

Institutional signs. Signs setting forth the name or any simple announcement for any hospital or clinic, or public, charitable, educational, or religious institution, up to an area of 24 square feet. If building-mounted, these signs shall be flat wall signs, and shall not project above the cornice line of the roof. If the sign is freestanding it shall not exceed the height requirements of the zoning district. No such sign shall be internally illuminated.

Integral Signs. Names of buildings, dates of erection, monumental citations, and commemorative tablets when carved into stone, concrete or similar material, or made of bronze, aluminum, or other permanent type construction and forming an integral part of the structure.

Changeable fuel price signs, at gasoline service stations, attached to a conforming freestanding sign and complying with the other provisions of this ordinance. Fuel pricing in excess of six (6) square feet will be considered part of the total allowable signage.

Governmental signs, including traffic, utility and other regulatory signs.

Governmental signs, including traffic, utility and other regulatory signs.

Rental signs. One (1) sign shall be allowed per premise announcing room, apartment or house for rent, provided that such sign is no larger than four (4) square feet in area, greater than six (6) feet in height, and is removed within three (3) days after such vacancy is filled.

Security, warning, and private property signs, provided that any such sign does not exceed one and one-half (1½) square feet in area.

Seasonal or temporary signs proclaiming religious, political or other noncommercial messages (i.e., messages that do not call attention to a product, commodity or service available on the premises), including signs erected in connection with elections or political campaigns. No such signs shall be internally lit or exceed four (4) square feet in surface area. The total area of all such signs located on a single lot shall not exceed 25 square feet. Temporary signs for an event or activity shall be removed within five (5) days after the end of the event or activity to which they pertain. Other noncommercial signs shall be removed within 30 days of their posting.
Signs not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right of way.

Vehicle signs. Signs on trucks, buses, trailers, or other vehicles, unless such vehicles are parked in such a manner that they effectively function as a sign, as determined by the Zoning Administrator.

Temporary private yard sale signs, not exceeding three (3) in number per sale, and not more than four (4) square feet in area per sign. Such signs shall be erected on private property with the permission of the property owner no more than 48 hours before the date of the sale and removed within 24 hours of the end of the sale.

Temporary auction signs, one sign not more than sixteen square feet in area per street frontage each, and up to three off premise directional signs on private property with the permission of the property owner limited to four square feet each. Such signs shall not exceed 6’ in height, with no directional sign erected before the day of the auction. All signs shall be removed immediately after the auction.

Temporary real estate signs, located on the premises, not exceeding a height of six (6) feet and an area of four (4) square feet in residential districts, or a height of eight (8) feet and an area of sixteen (16) square feet in other districts. One real estate sign shall be permitted for each side of the property fronting a public right of way.

Temporary off-premise real estate open house notices. Such signs are permitted on private property with the permission of the property owner and may be displayed on the day of the open house only and must be removed that same day. They shall not exceed three (3) in number per open house, nor more than one (1) at any single location, and state only the words “open house with a directional arrow. They shall be no larger than four (4) square feet or three (3) feet in height.

Temporary Construction signs. One (1) sign on each roadway frontage not exceeding 32 square feet in area in non-residential zoning districts and 12 square feet in area in residential and Limited Professional Districts zoning districts. Signs may state only the names and addresses of the project, contractors, architects, developers, planners, financial institutions, or engineers engaged in the project. Such signs shall only be posted during the time that the construction project is underway.

Temporary on-site special event signs announcing such events as “Grand Opening”, “Going Out of Business”, fairs, festivals or similar events. Such signs shall not exceed twenty (20) square feet in area, be erected more than two weeks before the event, and shall be removed within three (3) days after the event. On a given property, special event signs may be displayed only one (1) time by the same proprietor (as listed on the approved occupancy permit for the use to which the sign pertains) or organization in a three (3) month period.

Temporary/portable changeable message signs permitted only where zero setbacks exist and are allowed, on the public sidewalk, in front of the tenant space, which do not create a safety hazard for pedestrians, and meet the requirements of Table 904.09 and other provisions of this ordinance.

Temporary window signs, covering no more than 25 percent of the window area, not located above the first floor, and not displayed for more than 30 days.

904.04 Prohibited Signs. The following signs shall be prohibited in all districts:

Signs that imitate an official traffic sign or signs of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device, or which hide from view any traffic or street sign or signal, or which obstruct the view in any direction at any street or road intersection or materially impede the view of an intersection of a road with a railroad grade crossing, as required in Section 704 of this Ordinance.

Signs in any public right-of-way other than authorized public signs or temporary signs authorized under this ordinance. Signs projecting over public property shall be permitted in accordance with the building code only where "0" setbacks are allowed.

Signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving or flashing devices, with the exception of seasonal or holiday displays, in accordance with Section 904.03, item (l).

Signs attached to utility poles, trees, other natural vegetation, rocks, or fences; or signs attached to walls or other signs unless authorized as part of an approved sign permit.

Signs advertising activities or products that are illegal under federal, state, or city laws or regulations or that contain statements, words, or pictures of an obscene, indecent, or immoral character.

Signs on vehicles parked in areas visible from a public right-of-way unless such vehicles are used on a regular basis for a business delivery or other form of transportation.

Signs or sign structures that obstruct ingress or egress from any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress or egress for any room or building as required by law.

Signs that reflect or cast glare or light, directly or indirectly, on any public roadway or on adjacent property.

Roof signs.

Flashing signs, except for time and temperature signs.

Freestanding signs greater than 20 feet above the ground.

Portable signs, or any sign that is not permanently affixed to a building, structure or the ground, except for those specifically authorized under Section 904.03 & 904.04 b or permitted under Part II of these sign regulations.

Off-premises signs, including outdoor advertising signs or billboards, except as expressly authorized in these sign regulations.

Internally illuminated, including neon signs, in residential or Limited Professional districts.

904.05 Sign Measurement Rules

a. Determination of Sign Area. The area of a sign shall be computed as the entire surface area within a single, continuous rectilinear perimeter enclosing all parts of the sign face, including the extreme limits of all of the letters, numbers, figures and/or symbols comprising the sign. The sign supports or support structure shall not be included in determining the sign area unless they are designed to form an integral background of the display. However, when a sign is placed within a wall, planter or other similar structure that is designed to serve a separate purpose other than sign support, the area of such structure shall not be counted.

b. Area of Signs with Two or More Sign Faces. The area of a sign with two or more sign faces shall be computed as follows:

1. Sign faces separated by an interior angle of 45 degrees or greater: Both sign faces shall be included;

2. Sign faces separated by an interior angle of less than 45 degrees: One sign face shall be included; provide, however, the area of the largest sign face shall be used when two faces are unequal in area.

c. Calculation of Allowable Sign Area on Corner Lots. On corner lots, the frontage shall be either (1) the side fronting the street providing primary vehicle access, or (2) the side containing the main pedestrian entrance to the principal structure. Where neither of these methods clearly distinguished the front, or where both of these methods would identify a front, the Administrator shall make the determination. For commercial or industrial uses, the front shall not be a primarily residential street.

d. Calculation of Allowable Sign Area for Freestanding & Building-Mounted Signs. For freestanding and building-mounted signs, the following rules shall govern the determination of building frontage and allowable sign area:

1. Buildings with One (1) Tenant or Multiple Tenants with access via Common Outside Entrance(s): Building frontage shall be the one building face or wall architecturally designed as the front of the building and containing the main public entrance. Where more than one building wall meets this description, an average of the linear feet of those walls in question shall be used in calculating allowable sign area.

2. Multiple-Tenant Buildings with Individual Outside Entrances: Building frontage for each tenant shall be the portion of the frontage on the building wall that contains the tenant’s main public entrance. Where a tenant space includes more than one outside building wall, only the one wall containing the primary public entrance shall be used in calculating allowable sign area. Where more than one building wall meets this description, an average of the linear feet of those walls in question shall be used in calculating allowable sign area.
3. Regardless of the number of stories in a building, building frontage shall be determined by one measurement of the linear feet of the wall(s) at a height not greater than ten (10) feet above grade.

f. Determination of Sign Height. The height of a sign shall be calculated as the maximum vertical distance from the uppermost extremity of a sign or sign support and structure to the ground level at the base of the sign. For the purposes of this subsection, “ground level” shall not include any fill placed under or around the sign that has the effect of artificially raising the effective height of the sign.

904.06 Sign Illumination Standards for districts where illumination of signs is permitted.

a. These signs shall not be located within 100 feet of a residential zoning district boundary.

b. Details of any illumination proposed as part of a sign must be provided by the applicant with the sign permit application.

c. The average level of illumination on the face or vertical surface of any sign shall not exceed 3 foot-candles.

d. Lighting design shall be such that no excess light spill or glare occurs. No light from any illuminated sign shall cause or direct non-reflected light from the fixture to shine into or upon any building other than the building to which the sign is related or onto any adjoining property or right-of-way.

e. Any sign containing electrical components shall conform to current UL, ETL, CSA, or ULC standards and display a label from one of these recognized testing labs.

f. Externally Illuminated Signs.

1. Light fixtures illuminating signs shall be carefully located, aimed and shielded so that light is directed only onto the sign face and is prevented from creating glare or lights shining into motorist or pedestrian eyes. Shielding shall be accomplished with architectural elements, landscaping, and/or specific lighting components, such as shields or louvers.

2. The light fixture shall be designed to prevent light spill into the sky and shall not be aimed toward adjacent streets or properties.

3. Neon signs shall have light lettering and logo on an opaque background only.

g. Internally Lighted Signs.

1. The sign shall consist of light lettering, symbols and logo on an opaque or dark colored background only.

2. Light sources internally illuminating signs shall be carefully located, aimed and shielded so that light is directed onto the message only. Shielding shall be accomplished with architectural elements and/or specific lighting components, such as shields or louvers within the sign. Lettering or symbols shall constitute no more than forty percent of the surface area of the sign.

Part II. Permitted Signs by Use and District

904.07 Residential Zoning Districts: Permitted & Conditional Use Signs. Signs that are for permitted or conditional uses shall comply with Table 904.07 and all other applicable provisions of this Ordinance.

TABLE 904.07: Sign Regulations For Residential Zoning Districts

Sign Type	Number	Maximum Size (Square Feet)	Maximum Height (ft.)	Miscellaneous Provisions
Temporarty Event	1 per lot or premise	4	6	Sign must be removed immediately following event.
Institutional Bulletin Board, wall or freestanding (on conforming lots only)	1 per lot or premise	4	6	Freestanding signs shall be landscaped and must be setback at least seven (7) feet from the street r/w
Other Permitted or Conditional Non-Residential Uses	1 of any permitted sign type per lot or premise	24	6	Signs shall contain only name &/or address of establishment. Home occupation signs are not permitted. The landscaping and setback shall be the same as for a freestanding sign.

904.08 Limited Professional Office District (LP): Permitted Signs. Signs that are for permitted or conditional uses shall comply with Table 904.08 and all other applicable provisions of this Ordinance.

a. For each lot tract or parcel in the LP zone, ten (10) square feet of sign area shall be allowed (also see Fig. 1). Such sign area may be in the form of a single sign, or in a combination of not more than two (2) signs subject to the limitations in Table 904.08 & Figure 1 below:

TABLE 904.08: Sign Regulations For LP Zoning District

Sign Type	Number	Maximum Size (Square Feet)	Maximum Height (ft.)	Miscellaneous Provisions
Wall	1 per business with its own outside entrance	1	8	Sign may contain only name & address of business and names, titles & occupations of business principals and shall not cover, cross or hide decorative architectural features, including balconies, trim and cornices, not extend more than 8" beyond wall face.
Wall, directory	1 per building	4	8	Sign may identify occupants of building only and shall be located next to the main entrance.
Freestanding (on conforming lots only) (See Fig. 1)	1 per lot or parcel	6	8	Sign may contain only name & address of business and names, titles & occupations of business principals. Within area landscaping with ornamental plantings. Minimum 3' from ROW Minimum 25' separation from another freestanding sign.

FIGURE 1 Signs Permitted in LP Zone

904.09 Limited Business District (B-1), General Business District (B-2), Commercial/Light Manufacturing District (CLI), and Industrial District (M-1): Signs that are for permitted and conditional uses shall be as described in Figure 2 and Table 904.09 in the B-1, B-2, CLI and M-1 zoning districts are permitted as provided below, subject to the standards of Part I and any other applicable provisions of this Ordinance.

a. For each lot, tract, or parcel, one and one half (1-1/2) square feet of aggregate sign area shall be allowed for each (one) linear foot of building frontage.

b. The permitted total sign area may be in a single sign, or in a combination of signs located on one or more sides of the building, with no more than two (2) signs affixed to a building (including wall, awning, canopy, projecting, and permanent window signs) allowed for each building facade.

c. In addition, one (1) sign shall be permitted to be affixed to the rear of the building, computed on the ratio of one half (1/2) square foot of sign for each (one) lineal foot of building frontage.

d. Illuminated signs meeting the requirements of Section 904.06 are permitted.

e. Off-premise signs otherwise meeting the development standards of Part I and all applicable standards of Part II for the proposed sign type and the zoning district in which the sign will be located. The applicant shall submit in writing with the application such supporting documentation as needed for each sign to show compliance with the following:

1. The proposed sign must be on private property;

2. A notarized written authorization from the property owner;

3. A current, certified and approved survey of property showing the proposed location, including dimensions indicating property and street setbacks of the proposed sign;

4. The proposed landscaping around the sign, detailing such items as the species, number and mature size of each plant and the dimensions of the area to be planted. Such plantings shall be non-deciduous only;

5. A detailed drawing of the sign showing the message, size and height dimensions. The message shall be limited to a logo and directional arrow only. The height shall be limited to 3’ and the area shall be limited to 6 square feet;

6. Illumination of signs shall not be allowed unless the Zoning Administrator finds that there is a clearly documented public need;

7. The sign location must be within 50’ of the public right-of-way and within 50’ of an intersection of a designated Primary street;

8. Only one such off-premise sign may be located on a lot and the sign must be within 1,000 feet of the business or tenant being advertised. The business or tenant and their existing signage, must be conforming;

9. Virginia Department of Transportation Approval;

10. The need for such sign shall not be shared by other businesses or tenants located in area, unless the sign message is shared. The applicant must present a space sharing plan for current and possible future business/tenants;

11. Written data showing there is a clear and demonstrated need for the sign for public safety or other public need.

FIGURE 2 Calculation of maximum total sign area in B-1, B-2, CLI & M-1 Zones

Illustration - calculation of maximum total sign area in B-1, B-2, CLI & M-1 Zones

Illustration - calculation of maximum total sign area in B-1, B-2, CLI & M-1 Zones

Building frontage (in feet) x 1.5 = Sign area (in square feet)

NOTE: Signs Located in a Consistent Sign Band on Each Building

TABLE 904.09 Sign Regulations for the B-1, B-2, CLI, and M-1 Zones

Sign Type	Maximum Number	Maximum Size (Square Feet)	Miscellaneous Provisions	Maximum Height (ft.)	Location/Clearance
Wall	- - -	20% of Wall surface area	Sign shall not extend > 12". beyond wall face, nor cover, cross or hide decorative architectural features including balconies, trim and cornices.	Lowest point of roof	Below roof cornice line and within a consistent sign band (Fig. 2)
Freestanding (on conforming lots only)	For 1 use on 1 lot: 1, if building takes up less than 50% of total lot area	20	Shall include only address &/or name of tenant or building. Cannot have both a freestanding and projecting sign on the same street frontage.	Lowest of 20 or lowest point of roof	Within area landscaped with ornamental plantings. Minimum 25' separation from another freestanding sign and setback at least 7' from the street r/w
	For multiple-tenant building: 1 per building	40	Sign shall include only name of building & tenants within the building.
	For shopping center: 12	60	Sign shall include only the name of the center & tenants within center
	For office & industrial centers w/min. 2 acres: 1 per major entrance	40	Sign shall contain only name &/or address of center
Projecting Minimum frontage - 18" of building frontage	- - -	10	Also applies to signs attached to a marquee or roof overhang	Lowest point of roof	Minimum 8' clearance from highest point of ground level below sign. w/Curb: To w/in 1' of curb where "0" setback exists;w/o Curb: To w/in 3' of pavement edge where "0" setback exists. 7' from street r/w in all others.
Awning, Canopy or Marquee	- - -	1 per lin. ft. of canopy/awning face on which sign is located; Maximum: 10	For ground floor uses only. Shall not interfere with or obstruct pedestrian or vehicular traffic.	Lowest of 20 or lowest point of roof	Entirely within face. Min. 7' for the frame & 6'9" for the valance (ground clearance) w/Curb: To w/in 1' of curb or where "0" setback exists; w/o Curb: To w/in 3' of pavement where "0" setback exists & 7' from street r/w in all others.
Portable Message Board, with changeable message only	1	8	Signs shall not remain outside building after business hours.	6'	Allowed in the B1 District Only
Permanent Window Sign	1 per window	25% of glass window area	Signs must be painted on or affixed to interior side of the window.	- - -	- - -
Neon when in a window	- - -	Lesser of: 6 sq. ft. or 25% of window area	Sign shall contain only name and/or logo of the business.	- - -	- - -

2 Signs for Shopping Centers: A master signage plan shall be submitted as part of any proposal for a shopping center. The master signage plan shall be part of the required site plan. All master signage plans shall be of sufficient detail to allow the Zoning Administrator to judge the compatibility of the proposed signage with the character of the surrounding area. At a minimum, all master signage plans shall provide information on the general size, location, style, color, manner of illumination, landscaping and materials of all signs proposed. In evaluating the master signage plan proposal, the Zoning Administrator shall consider the appropriateness of the proposed signage plan in relation to the character and architecture of the proposed development and the surrounding area. Except for the freestanding sign, regulations for other sign types may be modified by the Zoning Administrator as part of its approval of the master signage plan.

904.10 Planned Memorial Park District (PMPD): Permitted Signs. A master signage plan shall be submitted as part of any proposal for a Planned Memorial Park District (PMPD) as authorized elsewhere in this ordinance. The master signage plan shall be part of the required preliminary Master Plan of Development. All master signage plans shall be of sufficient detail to allow the Commission and City Council to judge the compatibility of the proposed signage with the character of the proposed PMPD. At a minimum, all master signage plans shall provide information on the general size, location, style, color, manner of illumination, landscaping and materials of all signs proposed. In evaluating the PMPD proposal, the Commission and City Council shall consider the appropriateness of the proposed signage plan in relation to the character of the proposed development and the surrounding area.

Part III. Administration

904.11 Sign Permit Application. Application for a sign permit shall be filed with the Zoning Administrator on forms provided by the City, accompanied by a filing fee as established by the City Council, and shall contain the following information:

a. Name and mailing address of the sign owner and sign erector;

b. Location address, building and street frontage in linear feet of property on which sign is to be erected;

c. Type of sign and sign structure and general description of structural design and construction materials;

d. Drawings showing the height, sign perimeter and area dimensions, means of support, method of illumination, landscaping, and design for the existing and proposed sign(s);

f. A record plat plan or drawing showing dimensions of building and relationship of building and/or sign to adjacent property lines, sidewalks, streets, intersections and buildings;

g. Any other information that the Zoning Administrator may request to ensure compliance with the provisions of this Ordinance and other applicable City regulations;

h. Name, mailing address and phone number of property owner. Property owner or legal representative must sign all signage applications.

904.12 Expiration of Sign Permits; Extension. A sign permit shall expire and become null and void if the sign is not erected within a period of six (6) months from the date of permit issuance. An application for one six-(6) month extension of the permit may be made to the Zoning Administrator by the permit holder prior to expiration of the original permit. An extension may only be granted when the proposed sign is in compliance with all current applicable regulations, and in no case shall a permit be valid for more than a total of 12 months without the authorized sign being erected.

904.13 Revocation of Sign Permit. The Zoning Administrator may revoke a permit or approval if it is found that there has been concealment or misrepresentation of material facts in either the application or plans. Furthermore, failure to adhere to the requirements of this Ordinance in the construction and maintenance of a sign automatically cancels such permit, and said sign or structure shall be removed by the property owner forthwith.

904.14 Sign Construction and Maintenance Standards.

a. Building Code Compliance. All signs shall be constructed in compliance with the Uniform Statewide Building Code and any other applicable City building regulations.

b. Sign Maintenance. All signs, sign components and supports shall be maintained in good repair and in safe, clean and attractive condition.

c. Repair or Removal of Unsafe or Hazardous Signs. The Zoning Administrator may cause to have removed or repaired immediately without written notice any sign that, in his opinion, has become insecure, in danger of falling or otherwise unsafe and, as such, presents an immediate threat to the public safety. If such action is necessary to render a sign safe, the cost of such emergency removal or repair shall be at the expense of the owner or lessee thereof.

904.15 Removal of Illegal Signs. The Zoning Administrator may order the removal of any illegal sign at the expense of the property owner. Notice and enforcement of such a violation shall be accordance with Article XV of this ordinance. An illegal sign is any sign erected without a permit as described by Section 904.02 & 904.04 of these regulations or which does not comply with any provision of these regulations.

904.16 Removal of Obsolete Signs and Sign Structures. Any sign that is obsolete or abandoned because of discontinuance of the advertised activity or any other reason which would cause the sign to be obsolete shall be removed by the property owner within 30 days from the termination of such activities. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. Obsolete or abandoned signs are prohibited and shall be removed by the owner of the sign or property owner.

904.17 Non-conforming Signs

a. Any sign that was lawfully in existence at the time of the effective date of this Ordinance that does not conform to the provisions herein, and any sign that is accessory to a non-conforming use, shall be deemed a non-conforming sign and may remain on a lot of record except as qualified in paragraph (b) below. No non-conforming sign shall be enlarged, extended, structurally altered or reconstructed in any manner.

b. Non-conforming signs may remain on a lot of record, provided they are kept in good repair, except for the following:

1. Change of Use. Whenever a change of use occurs upon a lot that contains a non-conforming sign, such sign shall not be permitted to remain without being modified in such a manner as to be in full compliance with these sign regulations.

2. Relocation. No non-conforming sign shall be moved for any distance on the same lot or to any other lot unless such change in location will make the sign conform to the provisions of this Ordinance.

3. Damage or Destruction of Sign. A non-conforming sign that is destroyed or damaged to an extent exceeding 50 percent of its fair market value shall not be repaired, altered, replaced or reinstalled unless it is in conformance with these regulations. If the damage or destruction is 50 percent or less of the fair market value, the sign may be restored within two years of the destruction, but shall not be enlarged in any manner.

4. Damage or Destruction of Use. A non-conforming sign shall be removed if the structure or use to which it is accessory is destroyed or demolished to an extent exceeding 50 percent of the principal structure’s fair market value.

905. Mobile Home Parks

Mobile Home Parks where permitted must meet the following special requirements:

905.01 Mobile Homes. Any mobile home placed in any new or existing mobile home park after the date of enactment or amendment of this Ordinance shall meet the following requirements:

a. All mobile homes shall meet the plumbing requirements and the electrical wiring and connection requirements of the Building Code, and the construction blocking, and anchoring requirements of the Virginia State Corporation Commission; and shall display the seal of a testing laboratory approved by the Commonwealth of Virginia.

b. All mobile home units shall be completely skirted, such that no part of the undercarriage shall be visible to a casual observer, in accordance with methods and materials approved by the Building Inspector.

905.02 Mobile Home Accessory Structures. All mobile home accessory structures erected or constructed in any new or existing mobile home park after the date of enactment or amendment of this Ordinance must meet the following requirements:

a. All mobile home accessory structures must meet the plumbing, electrical connection wiring, construction, and applicable requirements of the Building Code.

b. Except in the case of an awning, ramada, or other shade structure, where a mobile home accessory structure is attached to the mobile home unit, a substantial part of one wall of the accessory structure shall be flush with part of the mobile home unit, or such accessory structure shall be attached to the mobile home in a substantial manner by means of a roof. All mobile home accessory structures, whether attached or detached, shall be designed and constructed as free standing structures. No detached mobile home accessory structure, except ramadas, shall be erected closer than twenty (20) feet to a mobile home.

c. Mobile home accessory structures, except ramadas, shall not exceed the heights of the mobile home.

d. No mobile home accessory structure shall be erected or constructed on any mobile home lot except as an accessory to a mobile home.

e. Every room in a cabana, herein defined as any habitable mobile home accessory structure, shall have access to at least one exterior door opening without requiring passage through the mobile home; shall be ventilated either by windows capable of opening to the outside to an area of five percent (5%) of the floor area, or by a ventilation system capable of producing a change of air in the room every thirty (30) minutes, with at least twenty percent (20%) of the air supply taken from the outside; shall have a total glazed area not less than ten percent (10%) of the floor area of the cabana; and in the case of attached structures, shall not be constructed adjacent to more than one (1) exterior door in the mobile home, nor to more than one (1) side of the mobile home.

f. Awnings and other shade structures, except ramadas, shall conform to the requirements of applicable sections of the Building Code.

g. Where a ramada extends over a mobile home, it shall exceed the height of the mobile home by no more than thirty-six (36) inches nor less than eighteen (18) inches and shall have a clearance of not less than six (6) inches in a horizontal direction from each side of a mobile home. Cross braces, structural ties, or other architectural appurtenances shall not obstruct movement of any mobile home.

h. A ramada shall not be enclosed or partly enclosed on any side, except that one side may be enclosed when the ramada roof is continuous with the roof of a cabana.

I. A ventilation opening of at least twenty-eight (28) square inches in area shall be provided at the highest point in the ramada roof; all chimneys or vents shall extend through the ramada roof and terminate a safe distance above the ramada.

j. Porches may be placed adjacent to mobile homes, provided they are constructed in accordance with the provisions of the Building Code.

905.03 Mobile Home Lot Requirements. All mobile home lots shall meet the following minimum requirements.

a. The area of any mobile home lot shall not be less than that specified in Section 905.07 for the area of common open space provided, and in no instance shall be less than 3400 square feet.

b. No mobile home or permanent building shall be closer than twenty (20) feet to any mobile home.

c. The minimum length of a mobile home lot shall be eighty-five (85) feet; the minimum width shall be forty (40) feet. On all lots larger than the minimum, the ratio of length to width shall not exceed 2.2 to 1.0.

d. Mobile home stands adjacent to public streets shall be oriented such that the long axis of the mobile home shall be parallel to the road.

e. Where laundry facilities are not made available, the rear yard of each mobile home lot shall be provided with a clothesline which shall be exempt from setback and other requirements of mobile home accessory structures.

f. A patio of two hundred (200) square feet in area shall be provided adjoining each mobile home stand.

g. No more than one (1) detached mobile home accessory structure shall be permitted on any mobile home lot.

905.04 Mobile Home Park Application and Site Plan. Applicants for conditional use permits for mobile home parks shall follow procedures outlined in Section 1002.03 of this Ordinance, and in addition, shall meet the following special requirements:

a. Site plans may be on one (1) or more numbered sheets, and shall be legibly drawn at a scale of one (1) inch to one hundred (100) feet.

b. The following information shall be required in addition to the information required of site plans and applications in Section 1002.03 of this Ordinance:

1. The date of the site plan, the name of the surveyor or engineer preparing it, and the number of sheets comprising the site plan.

2. The scale and the north meridian, designated "true" or "magnetic".

3. The name and signature of the owner, and the name of the proposed park; said name shall not closely approximate that of any existing mobile home park or subdivision in the City of Bedford or in Bedford County.

4. A vicinity map showing the location and area of the proposed park.

5. The boundary lines, area, and dimensions of the proposed park, with the locations of property line monuments shown.

6. The names of all adjoining property owners, the location of each of their common boundaries, and the approximate area of each of their properties.

7. The location and dimensions of all existing streets and street rights-of-way, easements, water, sewerage, drainage facilities, and other community facilities and utilities on and adjacent to the proposed park.

8. All existing significant natural and historical features on or adjacent to the proposed park, including, but not limited to, significant vegetation; lakes, streams, swamps, lands subject to flooding, and other waterways; views from the property, and views from adjoining properties that might be affected by the proposed park; existing structures; and topographic features shown by contour lines.

9. Proposed layout, including interior streets with dimensions and typical street cross sections and center line profiles as may be required in evaluating the street layout; water, sewer drainage, and utility lines, facilities and connections, with dimensions shown; location and type of solid waste collection facilities; interior monuments and lot lines, dimensions, and areas of mobile home lots, common open space and recreation areas, common parking areas, and other common areas; locations and dimensions of mobile home stands and parking spaces, management office, laundry facilities, recreation buildings and other permanent structures; location and nature of fire-fighting facilities, including hydrants, fire extinguishers, and other fire fighting equipment; location of fuel storage facilities and highly flammable structures, and location and dimensions of landscaping amenities, including street lights, sidewalks, planted areas, significant natural features to be retained, and fencing and screening.

c. The site plan shall be accompanied by a narrative statement describing how the standards and requirements set forth herein are to be met; approval of the proposed site plan; and a statement from the City Engineer certifying approval of the street, drainage, water and sewer and utility systems layouts.

d. If and when such site plan is approved, an irrevocable letter of credit, certified check, performance bond, or other surety of a surety company licensed to conduct business in Virginia will be required in an amount equal to the total construction expense, as estimated by the engineer of the developer and the Engineering Representative of the City of Bedford, satisfactory to the City Attorney and the City manager, and approved by the Zoning Administrator. Said bond shall be forfeited if construction is not completed within a period of one (1) year from the date of the bond or such other period specified and approved by the Zoning Administrator.

905.05 Mobile Home Park Area and Setback Requirements. All mobile home parks shall meet the following minimum area and setback requirements:

a. All mobile home parks shall have a minimum area of at least ten (10) acres, and no fewer than fifty (50) mobile home stands. However, expansion of mobile home parks existing prior to enactment of this Ordinance need not bring the total acreage and/or number of stands to the minimum.

b. The areas of existing mobile home parks expanded after enactment of this Ordinance shall meet all requirements of this Ordinance.

c. The following minimum yard requirements shall apply for all parks:

1. No mobile home unit, management office, or other structure except decorative fencing, lighting, wall, entrance, or other decorative feature, shall be located closer than thirty-five (35) feet to a street right-of-way of fifty (50) feet or greater, nor closer than sixty (60) feet to the centerline of a street with a right-of-way of less than fifty (50) feet.

2. No main or accessory building shall be located closer than twenty-five (25) feet to any other property line of a mobile home park.

905.06 Mobile Home Park Utilities and Streets. All mobile home parks shall meet the following minimum requirements for utilities and streets:

a. All mobile home parks shall connect to the water and sewer systems of the City; the internal layout of the water and sewer systems of the park shall be of a design satisfactory to the City Engineer, and shall be open to his inspection.

b. The storm drainage facilities of the park shall connect to the storm sewer system of the City, where available; where such systems are unavailable, the park storm drainage system may drain to any existing natural drainage system. Where a natural drainage way is relied on, on-site retention of storm waters is encourage provided that the requirements of Section 15.1-867 of the Code of Virginia and the sediment basin design standards of the City of Bedford Erosion Sediment Control Handbook are complied with. All storm drainage facilities shall meet the requirements of the City Engineer. Curbs and gutters shall be provided on all internal streets, and shall meet standards for curbs and gutters for public streets established by the Virginia Department of Transportation.

c. An internal street system shall be provided to furnish convenient access to mobile home stands and other facilities in the park, shall be designed such that connection to existing drainage and utility systems is convenient, and shall meet the following requirements:

1. All internal streets shall be permanently constructed to current standard of VDOT and maintained by park management. Minimum pavement widths shall be twenty two (22) feet for streets providing access to forty (40) more mobile home stands, and twenty (20) feet for streets providing access to less than forty (40) mobile home stands. Widths shall be measured from curbface to curbface.

2. No on-street parking shall be permitted.

3. Dead end streets shall be limited in length to 800 feet, shall be provided with cul-de-sacs with turning areas of not less than 40 feet in radius, or with "T" or "Y" turning areas, and shall provide access to no more than 20 mobile home stands.

4. Street intersections shall be within twenty (20) degrees of perpendicular for no less than 100 feet each way from intersections. Street intersections shall be direct crossing or offsets of no less than one hundred twenty-five feet from centerline. Intersections of more than two streets at one point shall be prohibited.

5. Streets shall be adapted to the topography, shall follow the contours of the land as nearly as possible, and shall have grade and alignments. No grade shall exceed eight percent (8%) and no curve shall have an outside radius of less than 80 feet.

6. Lighting shall be provided in such a way as to produce a minimum of 0.1 foot-candles at street level throughout the system, with at least 0.3 foot-candles at street intersections, park entrances, and other potentially hazardous locations in or around the park.

7. Entrances shall be provided in a sufficient number to insure safe and convenient access and egress. Where the proposed park adjoins two or more streets, entrances shall be provided on at least two streets where possible, provided that the street system shall be so designed as to discourage through traffic. Entrances shall be no closer than one hundred twenty-five (125) feet from an existing street intersection.

d. The utility and sanitation systems of all mobile home parks shall meet the following requirements:

1. Electrical supply and distribution systems shall meet applicable requirements of the Building Code and of the City Electric Department and shall connect to the electrical system of the City; all electrical facilities except necessary connections shall be installed below ground.

2. Telephone service shall be provided to mobile home stands; except for necessary connections, installation shall be underground.

3. Where centralized natural or liquid propane gas supply and distribution systems are installed, they shall conform to applicable requirements of the Building and Fire Prevention Code. Piping shall be installed at least eighteen (18) inches underground, except where necessary connections are made, provided that no piping shall be installed underground beneath a mobile home stand.

4. Where centralized fuel oil supply and distribution systems are installed they shall be designed in accordance with accepted engineering practice and shall comply with the Building Code and Fire Prevention Code. All storage and distribution facilities except necessary connections and vents shall be installed at least eighteen (18) inches underground, provided that no storage of fuel oil shall be permitted inside, beneath, or within five (5) feet measured horizontally of any mobile home.

5. Individual natural or liquid propane gas, or fuel oil systems shall be installed in accordance with applicable provisions of the Building Code and Fire Prevention Code.

6. Refuse shall be stored in an area enclosed to a height of at least five (5) feet with a concrete base and with sufficient screening (either constructed or fully developed vegetative) to prevent outside view of the stored refuse. Each refuse area shall be at least fifty (50) feet from the nearest mobile home stand. Each mobile home stand will be within five hundred (500) feet of at least one refuse storage area. Refuse shall be stored in water resistant, rodent proof containers with attached lids. Such containers shall be of sufficient capacity to store all refuse properly. Refuse shall be removed from the park at least twice each week.

e. Paved parking spaces shall be provided in accordance with Section 702 of this Ordinance. Parking facilities may be clustered to serve groups of mobile home stands provided that no parking space serving a mobile home stand shall be further than sixty (60) feet from the stand, and that at least one of the parking spaces shall be within thirty (30) feet of the mobile home stand. Paved driveways may serve as one or both of the parking spaces required per mobile home stand.

f. For purposes of fire protection, all permanent buildings and mobile home units shall be provided with an approved portable fire extinguisher labeled as suitable for Class A, B, and C type fires. Fire extinguishers may be provided to mobile home units on a deposit basis, as provided in Section 905.08 below. In addition, all mobile home stands shall be within five hundred (500) feet of at least one fire hydrant.

905.07 Mobile Home Park Amenities. All mobile home parks shall meet the following minimum requirements for open space, recreation, screening, and other amenities:

Significant natural features identified on the site plan shall be retained to the maximum extent feasible in the provision and design of open space and recreation areas.

Open space areas, including those portions of mobile home lots not occupied by mobile home stands, accessory buildings, driveways, or parking areas, as well as common open space, including outdoor recreation areas shall meet the following requirements:

Provision shall be made for common open space such that a density of no greater than seven (7) mobile home units shall be permitted per acre of total usable area and such that ten percent (10%) of the total usable area of the park shall be reserved for common open space and recreation areas, as a minimum, where total usable area excludes area reserved for public street rights-of-way. Larger percentages of common space are encouraged provided the maximum lot coverages specified below are met.

Lot coverage, herein defined as the percentage of the mobile home lot area covered by the mobile home stand and any mobile home accessory structure, driveway, and parking area, excluding patios, shall not exceed thirty-five percent (35%) as an average, nor forty percent (40%) for a given lot; the minimum area of any lot devoted to common open space shall be ten thousand (10,000) square feet.

Where mobile home lot sizes are relied on primarily to provide for open space, lots and stands shall be so grouped as to maximize the amount of usable space, while meeting the minimum yard requirements set forth in Section 905.03 of this Ordinance.

Where possible, provision shall be made for separation of recreational areas by age groups; in mobile home parks of over 150 units in size, provision shall be made for adequate supervision of recreational areas.

Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from concentrations of vehicular traffic.

Fencing or vegetative screening shall be provided as specified in Section 705.03, Required Landscaping. Fencing where required shall be maintained in safe condition and shall be kept in good repair.

Paved common walks of a width of at least five feet (5') shall be provided on at least one (1) side of all streets, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities; walks may be incorporated into the street curb. Walk grades shall not exceed ten percent (10%); lights shall be provided sufficient to illuminate steps to a level of at least 0.3 foot-candles.

Paved individual walks of at least three (3) feet in width shall be provided to connect all mobile home stands with parking spaces or driveways and common walks.

905.08 Park Management Requirements. The management of mobile home parks shall be in accordance with the following requirements:

The minimum number of mobile home lots and stands completed and ready for occupancy before the first occupancy is permitted shall be twelve (12); no lot or stand shall be rented for a period of less than sixty (60) days;

Permanent buildings housing management offices, child care centers, laundry facilities, or indoor recreational facilities or other service facilities may be permitted in mobile home parks provided that they:

Shall meet parking requirements for such facilities as specified in Section 702;

Shall be subordinate to the residential use and character of the park;

Shall be located, designed, and intended to serve the needs of persons residing in the park;

Shall present no visible evidence of their non-residential character to any area outside the park;

Shall meet all applicable federal, state and local requirements pertaining to such uses; and

Shall not occupy more than ten percent (10%) of the area of the park.

The mobile home park management shall maintain a register of mobile home park occupants at all times, and shall prepare a list of park rules, including but not limited to the following:

Recommended procedures to be followed in the event of fire or other disaster;

The rental agreement, embodying the terms and conditions concerning the use and occupancy of mobile home lots and premises and other facilities or services provided by the landlord, and specifying requirements for ownership or use with deposit of a portable fire extinguisher of a type suitable for Class A, B, or C fires; and

The responsibilities of the management and of park occupants concerning but not limited to sanitation, solid waste disposal and park maintenance.

906. Multi-Family, Townhouse and Condominium Development

Applicants for use permits for multi-family developments, herein defined as one or more multi-family buildings, shall meet the following special requirements. These requirements shall apply to any structure of similar use, physical structure and character, regardless of type of ownership.

906.01 Commission Action on Site Plan. Within 60 days after the submission of the site plan to the Zoning Administrator, the Commission shall make a recommendation to the Zoning Administrator on its approval, conditional approval, or disapproval, stating the areas of compliance and/or noncompliance with the provisions of this ordinance.

906.02 Site Plan. A site plan shall be prepared in accordance with the following site requirements:

Site plans may be on one (1) or more numbered sheets, and shall be legibly drawn at a scale of one (1) inch to not more than one hundred (100) feet.

The following information shall be required in addition to the information required of site plans and applications in 1002.03 of this Ordinance.

The date of the site plan, the name of the surveyor or engineer preparing it, and the number of sheets comprising the site plan.

The scale and the north meridian, designated "true" or "magnetic"

The name and signature of the owner, and the name of the proposed development; said name shall not closely approximate that of any development or subdivision in the City of Bedford or in Bedford County.

A vicinity map showing the location and area of the proposed development.

The boundary lines, area, and dimensions of the proposed development, with the locations of property line monuments shown.

The location and dimensions of all existing streets and street rights-of-way, easements, water, sewerage, drainage facilities, and other community facilities and utilities on and adjacent to the proposed development.

All existing significant natural and historical features on or adjacent to the proposed development, including, but not limited to, significant vegetation, lakes, streams, swamps, lands subject to flooding, and other waterways, views from the property, and views from adjoining properties that might be affected by the proposed development, existing structures, and topographic features shown by contour lines.

Proposed layout, including interior streets with dimensions and such typical street cross sections and center line profiles as may be required in evaluating the street layout; water, sewer, drainage and utility lines, facilities and connections, with dimensions shown; location and type of solid waste collection facilities; interior monuments and lot lines, dimensions, and areas of lots, common open space and recreation areas, common parking areas, and other common areas; management office, laundry facilities, recreation buildings, and other permanent structures; location and nature of fire fighting facilities, including hydrants, fire extinguishers, and other fire fighting equipment; location of fuel storage facilities and highly flammable structures; and location and dimensions of landscaping amenities, including street lights, sidewalks, planted areas, significant natural features to be retained, and fencing and screening.

Land for condominiums shall not be subdivided into separate parcels when the development or building contains three (3) or more units in which case all land must remain in common ownership. Subdivision of land for duplex type condominiums shall be permitted only when the subdivision can comply with the single family dwelling requirements of the Ordinance.

The Zoning Administrator may waive site plan requirements, other than Planning Commission review, provided the development is along a publicly dedicated and approved street accepted for maintenance by the City and no new streets, water or sewer lines are involved.

When and if such site plan is approved, an irrevocable letter of credit, certified check, performance bond or other surety of a surety company licensed to conduct business in Virginia will be required in an amount equal to the total construction expense, as estimated by the engineer of the developer and the City's Engineering Representative, satisfactory to the City Attorney and City Manager, and approved by the Zoning Administrator. Said bond shall be forfeited if construction is not completed within period of one (1) year from the date of the bond, or such other period specified and approved by the Zoning Administrator.

906.03 Site Area and Density Requirements. Minimum site area for a multifamily development shall be 12,000 square feet and with a density of no more than 12 units per acre.

906.04 Utilities and Streets. All multi-family developments shall meet requirements for utilities and streets corresponding to those specified for mobile home parks in Sections 905.06, a, b, c, d-1, 2, 4, 5, and e.

906.05 Amenities. All multi-family developments shall meet the following minimum requirements for open space, recreation, and other amenities:

Significant natural features identified on the site plan shall be retained to the maximum extent feasible in the provision and design of open space and recreation areas.

Open space area, excluding those portions of the multi-family development occupied by multi-family dwellings, accessory buildings, driveways, or parking areas, and including outdoor recreation areas, shall meet the following requirements:
1. Provision shall be made for common open space such that one percent (1%) of the gross area of the site shall be devoted to common open space for each dwelling unit per acre of density. Common open space shall not include areas included in minimum yard area requirements.
2. In multi-family developments of over 150 units in size, provision shall be made for adequate supervision of recreational areas.
3. Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from concentrations of vehicular traffic.
Fencing or vegetative screening shall be provided, as outlined in Section 705 of this Ordinance. Fencing where required shall be maintained in a safe condition and shall be kept in good repair.

Paved common walks of a width of at least four and a half (4.5) feet shall be provided on at least one (1) side of all streets and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks may be incorporated into the street curb. Walk grades shall not exceed ten percent (10%), lights shall be provided sufficient to illuminate steps to a level of at least .03 foot-candles.

Refuse shall be stored in an area enclosed to a height of at least five (5) feet with a concrete base and with sufficient screening (either constructed or fully developed vegetative) to prevent outside view of stored refuse. Refuse shall be stored in water resistant, rodent proof containers with attached lids. Such containers shall be of sufficient capacity to store all refuse properly.
Street trees shall be provided as outlined in Section 705 of this Ordinance.

906.06 Management Requirements. The management of multi-family developments shall be in accordance with the following requirements:

a. Permanent buildings housing management offices, day care centers, laundry facilities, or indoor recreational facilities or other service facilities may be permitted in multi-family developments provided that they:

1. Shall meet parking requirements for such facilities as specified in Section 702.

2. Shall be subordinate to the residential use and character of the development;

3. Shall be located, designed and intended to serve the service needs of persons residing in the development;

4. Shall present no visible evidence of their non-residential character to any area outside the development;

5. Shall meet all applicable federal, state and local requirements pertaining to such uses; and

6. Shall not occupy more than ten percent (10%) of the area of the development.

906.07. In addition to the above requirements, townhouse and duplex type condominium or rental developments shall meet the following specific requirements:

a. No more than twelve (12) townhouses shall be included in any building, each of which shall be at least sixteen (16) feet in width, all of which shall have an average width of at least twenty (20) feet. Duplex lot width, lot area, lot width at corner lots, and maximum coverage shall meet the requirements of Section 801.

b. Minimum yard requirements shall be provided as follows:

1. Front yard depths on internal private streets shall be at least fifteen (15) feet from any street or parking area.

2. Front, rear and side yard requirements on public streets or other land not part of the proposed development shall be as prescribed in Section 803, for the district in which the development is located, except that yard requirements for duplex type condominiums shall not apply to the party wall side yards.

3. Any building containing a group of five (5) or more units shall be separated by at least forty (40) feet from any other dwelling unit building. Any building containing a group of four (4) or less units shall be separated by at least twenty (20) feet from any other building containing a group of four (4) or less dwelling units.

c. Height shall be no more than forty (40) feet measured from the average level of the ground adjacent to the front exterior wall.

906.08. In addition to the requirements specified for multi-family dwellings in Sections 906.01 through 906.05, apartment developments shall meet the following special requirements:

a. Minimum yard requirements for apartment developments shall be the same as for single family dwellings in the district in which the development is located, provided that for each additional foot of height over 40 feet, an additional foot of yard depth shall be required.

b. Interior yards shall be provided as follows:

1. Front yard depths on internal streets shall be at least fifteen (15) feet in depth provided that for each foot above forty (40) feet in height, an additional foot of front yard depth shall be provided.

2. Distances between multi-family dwellings shall be as provided in Section 906.09, provided that for each additional foot in height per building over forty (40) feet, one additional foot of distance between buildings shall be provided.

c. Height of multi-family dwellings shall be no more than fifty (50) feet measured from the average level of the ground adjacent to the front exterior wall.

d. Party walls and other fire retardation structures shall be provided in accordance with specifications of the Building Official.

906.09 Minimum Distance Between Buildings. The following minimum distances between buildings located on the same lot or parcel shall be required unless otherwise specified within this Ordinance:

a. Front to front arrangement - 40 feet

b. Front to rear arrangement - 50 feet

c. Rear to rear arrangement - 30 feet

d. Side to side arrangement - 30 feet

e. All other arrangements - 30 feet.

907. Commercial Communications Towers

[Amended 10/10/00]
907.01 Definition. A commercial communication tower is any pole, tower, tripod, which supports a device used for the transmission, retransmission or reception of electronic signals or information for commercial use.

907.02 Location. Commercial communications towers shall have a minimum front, side and rear yard equal to two feet for every on foot of tower height. Height shall mean the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

907.03 Signage. The use of any portion of a commercial communication tower for signs other than warning or equipment information signs is prohibited.

907.04 Special Requirements. Commercial communications towers, where permitted, must meet the following special requirements:

a. To encourage future shared use of commercial communications towers, the tower owner must demonstrate that the tower will support a specified number of antennas, and must file a letter of intent with the City to lease the space to other users in good faith.

b. No new commercial communication tower may be established if there is technically suitable space available on an existing tower within the geographic area that the proposed tower is to serve.

c. The entire facility must be aesthetically compatible with its environment. If not otherwise camouflaged, commercial communication towers shall be of a coloration that will blend with the surroundings.

d. All obsolete or unused facilities must be removed within six months of cessation of operations at the site.

e. No more than one commercial communication tower shall be constructed on a single tax parcel, Where a commercial communication tower is present on any single tax parcel, no other use of the parcel is permitted.

f. Commercial communication towers shall not be artificially lighted except to ensure human safety as required by the Federal Communications Commission and the Federal Aviation Administration.

g. There shall be no outdoor storage associated with the facility.