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?CODE OF ORDINANCESTOWN OFBLUEFIELD, VIRGINIA_____________________________Published in 2003 by Order of the Town Council _____________________________OFFICIALS of the TOWN OF BLUEFIELD, VIRGINIA AT THE TIME OF THIS RECODIFICATION _____________________________William H. King Mayor_____________________________Rick Taylor, Vice Mayor Tom Chaffins Brent Chambers Ed Shaffrey Anglis Trigg, Jr. Town Council_____________________________J. C. Higginbotham Town Manager_____________________________Steven Arey Town Attorney_____________________________Patricia Douthat Town ClerkPREFACE This Code constitutes a recodification of the general and permanent ordinances of the Town of Bluefield, Virginia. Source materials used in the preparation of the Code were the 1984 Code, as supplemented through October 28, 1996, and ordinances subsequently adopted by the town council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1984 Code, as supplemented, and any subsequent ordinance included herein. The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code. Chapter and Section Numbering SystemThe chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. Page Numbering SystemThe page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: CHARTER CHT:1 CHARTER COMPARATIVE TABLE CHTCT:1 CODE CD1:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 IndexesThe indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf SupplementsA special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. AcknowledgmentsThis publication was under the direct supervision of Alyce A. Whitson, Senior Code Attorney, and William B. Eddy, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to J. C. Higgenbotham, Town Manager, Stephen E. Arey, Town Attorney, and other members of the town staff for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the town readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the town's affairs. CopyrightAll editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the Town of Bluefield, Virginia. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the Town of Bluefield, Virginia. ??Copyrighted material. Municipal Code Corporation and the Town of Bluefield, Virginia. 2003. SUPPLEMENT HISTORY TABLEThe table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omits." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord. of Include/Omit Supp. No. ?1-?8-2003 Include 4 ?1-12-2009 Include 4 ?3-?9-2009 Include 4 ?3-23-2009 Include 4 ?4-27-2009 Include 4 ?5-12-2009 Include 4 ?6-22-2009 Include 4 12-14-2009 Include 4 10-25-2010 Include 4 11-?8-2010 Include 4 ?1-10-2011 Include 4 ?2-14-2011 Include 4 ?3-24-2011 Include 4 ?3-28-2011 Include 4 ?5-?9-2011 Include 4 ?6-13-2011 Include 5 ?7-25-2011 Include 5 10-10-2011(1) Include 5 10-10-2011(2) Include 5 10-10-2011(3) Include 5 10-10-2011(4) Include 5 10-10-2011(5) Include 5 10-10-2011(6) Include 5 10-10-2011(7) Include 5 10-10-2011(8) Include 5 10-10-2011(9) Include 5 11-14-2011(1) Include 5 11-14-2011(2) Include 5 11-14-2011(3) Include 5 11-14-2011(4) Include 5 11-28-2011 Include 5 ?2-14-2012 Include 5 ?7-12-2012 Include 5 ?8-28-2012(1) Include 5 ?8-28-2012(2) Include 5 10-?9-2012 Include 5 10-24-2012 Include 5 ?1-22-2013 Include 5 ?6-25-2013 Include 5 ?9-10-2013 Include 5 ?9-24-2013 Include 5 10-22-2013 Include 5 ?2-11-2014(1) Include 5 ?2-11-2014(2) Include 5 ?2-11-2014(3) Include 5 ?2-11-2014(4) Include 5 ?4-22-2014 Include 5 ?6-10-2014 Include 5 ?6-24-2014 Include 5 10-14-2014 Include 5 10-24-2014 Include 5 10-27-2014 Include 5 ?7-28-2015(1) Include 5 ?7-28-2015(2) Include 5 ?1-26-2016 Include 6 ?4-26-2016 Include 6 ?8-?9-2016 Include 6 ?3-14-2017 Include 6 ?3-28-2017 Include 6 ?6-27-2017 Include 6 ?9-12-2017 Include 6 ?3-27-2018(1) Include 6 ?3-27-2018(2) Include 6 ?3-27-2018(3) Include 6 ?3-27-2018(4) Include 6 ?3-27-2018(5) Include 6 ?6-26-2018 Include 6 ?7-10-2018 Include 6 ?7-14-2018 Include 6 11-27-2018(1) Include 6 11-27-2018(2) Include 6 ?2-12-2019(1) Include 6 ?2-12-2019(2) Include 6 ?2-12-2019(3) Include 6 ?3-26-2019(1) Include 6 ?3-26-2019(2) Include 6 ?7-23-2019(1) Include 6 ?7-23-2019(2) Include 6 ?9-24-2019 Include 6 ?2-11-2020 Include 6 ?3-?4-2020 Include 6 ?3-10-2020 Include 6 ?7-28-2020 Include 6 PART I?CHARTERCHARTER COMPARATIVE TABLEACTS This table shows the location of the amendments to the Charter. The Charter was derived from the Laws of 1999, chapter 521. Acts Year Chapter ?Section this Charter 2003 880 14 2011 474 2, 8, 9 Ord. of Section ?Section this Charter 11-14-2011(2) 5 11-14-2011(3) 8 11-14-2011(4) 9 ?3-?4-2020 1 5, 8—10 Sec. 1.?Incorporation; body politic and corporate; name.The inhabitants of the Town of Bluefield, Virginia, as its limits are or hereafter may be established, shall continue to be a body politic and corporate, to be known and designated as the Town of Bluefield, and as such shall have and may exercise all powers which are now or hereinafter may be conferred upon or delegated to towns under the Constitution and laws of the Commonwealth of Virginia as fully and completely as though said powers were specifically enumerated herein, and no enumeration of particular powers by this charter shall be held to be exclusive. Sec. 2.?Boundaries.The territory contained within the limits of the town shall be the same as heretofore and hereafter established by the Acts of the General Assembly of Virginia, and as enlarged by an order of the Circuit Court of Tazewell County, entered on February 13, 1926, and is more particularly described in § 2 of Chapter 150 of the Acts of Assembly of 1930; Chapter 32 of the Acts of Assembly of 1962; in a decree of the Circuit Court of Tazewell County, Virginia, dated December 24, 1968, and recorded in the clerk's office of the Circuit Court of Tazewell County, Virginia, in Law Order Book 26 at page 592 et seq.; in a decree of the Circuit Court of Tazewell County, Virginia, dated June 14, 1985, of record in said clerk's office in Law Order Book 43 at page 51 et seq.; in a decree of the Circuit Court of Tazewell County, Virginia, dated January 30, 2003, of record in said clerk's office in Chancery Order Book 74 at page 144 et seq.; and in a decree of the Circuit Court of Tazewell County, Virginia, dated October 11, 2005, of record in said clerk's office in Chancery Order Book 79 at page 507 et seq. (Acts of 2011, ch. 474, § 1)Sec. 3.?Powers of town generally.The Town of Bluefield shall have and may exercise all powers which are now or hereafter may be conferred upon or delegated to towns under the Constitution and laws of the Commonwealth of Virginia, as full and completely as though such powers were specifically enumerated herein, and no enumeration of particular powers by this charter shall be held to be exclusive and the town shall have, exercise and enjoy all the rights, immunities, powers and privileges and be subject to all the duties and obligations now appertaining to and incumbent on the town as a municipal corporation. Sec. 4.?Council created; powers generally.There is hereby created a council which shall have full power and authority, except as herein otherwise provided, to exercise all the powers conferred upon the town, and to pass all laws and ordinances relating to its municipal affairs, subject to the Constitution and general laws of the Commonwealth and of this charter. Sec. 5.?Composition of council and vacancies.The council shall consist of six members and a mayor. The six council members, who shall be voted for at large, shall have terms of office of four years. At the November election, 2020, and every four years thereafter, three council members shall be elected, being the three candidates who receive the largest number of votes, individually, at such election, who will serve for terms of four years from January 1, 2021, and thereafter until their successors have been elected and qualified. At the November election, 2022, and every four years thereafter, three council members shall be elected, being the three candidates who receive the largest number of votes, individually, at such election, who shall serve for terms of four years from January 1, 2023, and thereafter until their successors have been elected and qualified. All elections for members of the council shall be held at the time and in the manner provided for by general law. Vacancies on the council shall be filled within thirty days, for the unexpired term, by a majority vote of the remaining council members. (Ord. of 11-14-2011(2); Ord. of 3-4-2020, § 1)Sec. 6.?Council; qualification of members.Any person qualified to vote in the town in the election in which he offers shall be eligible to the office of council member. Sec. 7.?Council; limitations on powers; disqualifications.A.Any member of the council who shall have been convicted of a felony while in office shall thereby forfeit his office. B.Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the town manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the town manager, either publicly or privately. Any such orders or other interferences on the part of the council or any of its members with subordinates or appointees of the town manager, instead of dealing with or communicating directly with the town manager, is prohibited. Sec. 8.?Council; organization.A.At a time designated by the council on the first day of January, or at some other times as designated by the council, following a regular municipal election, or if such a day be a Sunday, then on the day following, the council shall meet at the usual place for holding the meetings of the legislative board of the town, at which time the newly elected council members and the mayor, after first having taken the oaths prescribed by law, shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution except that they shall regularly meet not less than once each month. The mayor, any council member, or the town manager may call special meetings of the council, at any time at least twelve hours after written notice, with the purpose of said meeting stated therein, to each member served personally or left at his usual place of business or residence, or such meeting may be held at any time without notice, provided all members of the council attend. No business other than that mentioned in the call shall be considered at such meeting. Notice of any meeting of the council shall be in accordance with the provisions of the Freedom of Information Act as contained in the Code of Virginia. B.All meetings of the council shall be public, and any citizens may have access to the minutes and records thereof at all reasonable times; however, by majority vote of the council, it may convene an executive session to consider such matters as may be the appropriate subject of an executive session as provided by the Code of Virginia. C.The council shall appoint a town manager and a town clerk. During the organizational meeting, the council shall appoint one of the members of the council as vice-mayor to act in the absence or disability of the mayor. The vice-mayor shall be appointed by a majority vote of all the council members and shall serve for a period of two years until the next organizational meeting of the council. D.The council may appoint all such other boards and commissions as may be deemed proper, and prescribe the powers and duties thereof. The council may determine its own rules or procedures, may punish its own members for misconduct and may compel attendance of members. It shall keep a journal of its proceedings. A majority of all members of the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time, and may compel the attendance of absentees. All elections and appointments by the council shall be recorded in the journal of the council. E.The council shall fix the compensation for its members, the mayor, and all other officers the compensation of whom is not otherwise provided for herein. (Acts of 2011, ch. 474, § 1; Ord. of 11-14-2011(3); Ord. of 3-4-2020, § 1)Sec. 9.?Council; mayor generally.A.At the November election, 2020, and every four years thereafter, the candidate for mayor who receives the largest number of votes at such election shall be elected and shall serve for a term of four years from January 1, 2021, and thereafter until a successor has been elected and qualified. B.The mayor shall preside at meetings of the council, shall perform such other duties consistent with the office as may be imposed by the council, shall have a voice in the proceedings, shall vote only in the case of a tie, and shall have no veto power. The mayor shall be the official head of the town; however, he shall have no jurisdiction or authority to hear, determine or try any civil or criminal matters. In times of public danger or emergency, the mayor, or during the mayor's absence or disability, the town manager, may take command of the police and maintain order and enforce laws, and for this purpose may deputize such assistant policemen as may be necessary. During the mayor's absence or disability, except as above provided, the mayor's duties shall be performed by the vice-mayor. The mayor shall authenticate by his signature such instruments as the council, this charter, or the laws of the Commonwealth shall require. C.A vacancy in the office of mayor or vice-mayor shall be filled, within thirty days for the unexpired term, by a majority vote of the remaining council members. (Acts of 2011, ch. 474, § 1; Ord. of 11-14-2011(4); Ord. of 3-4-2020, § 1)Sec. 10.?Ordinances and resolutions.A.In addition to the ability to act by motion, the council may act by ordinance or resolution and, with the exception of ordinances making appropriations or authorizing the contracting of indebtedness, shall be confined to one subject. B.Each proposed ordinance or resolution shall be introduced in a written or printed form, and the enacting clause of all ordinances passed by the council shall be, substantially: "Be it ordained by the council of the Town of Bluefield, Virginia." C.No ordinance, resolution having the effect of an ordinance, or resolution suspending an ordinance, unless it is an emergency measure, shall be passed until it has been read at two meetings not less than one week apart, one of which shall be a regular meeting and the other of which may be either an adjourned or called meeting; however, the requirement of a second reading by the affirmative vote of a majority of the members of the council may be confined to the reading of the title only. Any ordinance or resolution read at one such meeting may be amended and passed as amended at the next such meeting, provided that the amendment does not materially change the ordinance. No ordinance shall be amended unless such section or sections as are intended to be amended shall be reenacted. The ayes and nays shall be taken and recorded upon the passage of all ordinances or resolutions and entered upon the journal of the proceedings of the council. Except as otherwise provided by this charter, the Constitution of Virginia, or the Code of Virginia, a majority vote of council members shall be necessary to adopt any ordinance or resolution. D.An emergency measure is an ordinance for the immediate preservation of the public peace, property, health or safety, or providing for the daily operation of a municipal department. The emergency shall be stated in every such measure. Ordinances appropriating money may be passed as emergency measures; however, no measure selling or conveying any real estate; making a grant, renewal, or extension of a franchise or other special privilege; or regulating the rate to be charged for its service by any public utility, shall ever be so passed. E.Every ordinance or resolution having the effect of an ordinance when passed shall be recorded and indexed by the town clerk in a book kept for that purpose, and shall be authenticated by the signatures of the presiding officer and the town clerk. F.All ordinances and resolutions of the council may be read in evidence in all courts and in all other proceedings in which it may be necessary to refer thereto, either from the original record thereof, from a copy thereof certified by the town clerk, or from any volume of ordinances printed by authority of the council. (Ord. of 3-4-2020, § 1)State law reference(s)—Requirement for passage of certain ordinances, Code of Virginia, § 15.2-1428. Sec. 11.?Town manager.The administrative and executive powers of the town, including the power of appointment of officers and employees, are vested in an official to be known as the town manager, who shall be appointed by the council at its first meeting or as soon thereafter as practicable, shall serve at the will and pleasure of council, and may be dismissed at any time by council. He shall receive such compensation as shall be fixed by the council by ordinance, shall devote his entire time to the business of the town, and need not be a resident or citizen of Virginia. He shall be bonded as the council may deem necessary, which bond shall be with corporate surety approved by the council. Sec. 12.?Powers and duties of the town manager.The town manager shall be responsible to the council for the proper administration of all affairs of the town coming within his jurisdiction under this charter, the general law or the ordinances or resolutions of the council. He shall have power and it shall be his duty to: 1.See that all laws and ordinances are enforced. 2.See that such town officers and employees as the council shall determine are necessary for the proper administration of the town be appointed, and they may be removed by the town manager; however, the appointment and removal of the police chief shall be subject to the approval of the council. The town manager shall report each appointment and removal to the council at the next meeting thereof following any such appointment or removal. 3.See that all terms and conditions imposed in favor of the town or its inhabitants in any public utility franchise or any contract are faithfully kept and performed; upon knowledge of any violation thereof to call the attention of the same to the council, whose duty it shall be forthwith to direct such steps as are necessary to protect and enforce the same. 4.Exercise supervision and control over all departments and divisions created herein, or that may be hereafter created by the council, and have general supervision over all public improvements, works and undertakings, except as otherwise provided in this charter. 5.Attend all meetings of the town council with the right to take part in the discussion but having no vote. 6.Recommend to the council for adoption such measures as he may deem necessary or expedient. 7.Prepare the annual budget and keep the town council fully advised as to financial conditions and needs of the town. 8.Make all such contracts in behalf of the town as may be authorized by this charter, or in accordance with the provisions of the appropriation made by the council or under continuing contracts or loans authorized under the provisions of this charter, or pursuant to a resolution or ordinance of the council. 9.Perform such other duties as may be prescribed by this charter or be required of him by ordinance or resolution of the town council. 10.Perform such other duties as may be prescribed by the council not in conflict with the foregoing. Sec. 13.?Town clerk.A.The town clerk shall be elected by the council for a term of two years, subject to removal at the pleasure of the council. He shall be the clerk of the council, and shall keep a permanent record of its proceedings. He shall keep all papers, documents and records pertaining to the Town of Bluefield, Virginia, the custody of which is not otherwise provided for. B.He shall be custodian of the town seal, and shall affix it to all documents and instruments requiring the seal, and shall attest the same. He shall give to the proper department or officials ample notice of the expiration or termination of any franchise, contract or agreement. C.He shall, upon final passage, transmit to the proper departments or officials copies of all ordinances or resolutions of the council relating in any way to such departments or to the duties of such officials. He shall perform such other duties as are required by this charter or by the council by ordinance or resolution. Sec. 14.?Town treasurer.A.A town treasurer shall be appointed by the town manager, and shall serve until his successor has been appointed, and shall be bonded, by corporate bond, as the council may deem necessary. B.The town treasurer shall be the disbursing agent of the town and have the custody of all moneys, and all evidence of value belonging to the town or held in trust by the town. C.He shall receive all moneys belonging to and received by the town and keep a correct account of all receipts from all sources and expenditures of all departments. He shall collect all taxes and assessments, water rents, and other charges belonging to and payable to the town, and for that purpose he is hereby vested with any and all powers which are now or may hereafter be vested in county and city treasurers for the collection of county, city and state taxes under the general law. D.He shall pay no money out of the treasury except in the manner prescribed in this charter. E.He shall make all such reports and perform such other duties as may be required by the council or by this charter. F.The treasurer shall not be entitled to any commission whatsoever for handling the funds of the town; he shall be paid for his services such salary as may be provided by the town manager. G.The treasurer shall, as soon as the Tazewell County commissioner of the revenue completes the land and personal property books, take such books and carefully audit them, and compare them with the books of the previous year. The land book shall be compared with the assessor's book lodged in the clerk's office of Tazewell County, and the personal property book shall be compared with the books of the previous year, and the treasurer shall ascertain which of the citizens, if any, have not been assessed by the Tazewell County commissioner of the revenue, and the list of those not assessed shall be laid before the town council at its next meeting. The treasurer shall examine the books and shall see that the amount of tax is correctly extended in accordance with the rate of taxation at that time in force, and the columns of such book shall be carefully audited and the errors therein, if any, shall be corrected. The treasurer shall take the delinquent lists and lay them before the town council, and it shall be the duty of the council to carefully examine the delinquent report of both real and personal taxes. If the treasurer has returned any tax, either real or personal, delinquent that should not under the provisions of the ordinances of the town have been returned delinquent, the council shall refuse to allow him credit therefor and shall strike from the delinquent report any and all such taxes. After such report has been corrected as herein provided, the treasurer will be credited accordingly. H.The treasurer shall serve as the town's director of finance and perform such other duties as may be required of him by this charter, the council, or the town manager. (Acts of 2003, ch. 880)Sec. 15.?License taxes.A.License taxes may be imposed by ordinance on businesses, trades, professions and callings and upon the persons, firms, associations and corporations engaged therein, and the agents thereof, except in cases where taxation by the localities shall be prohibited by the general law of the state. Nothing herein shall be construed to repeal or amend any general law with respect to taxation. B.The council may subject any person, who, without having obtained a license therefor, shall do any act or follow any business, occupation, vocation, pursuit, or calling in the town for which a license may be required by ordinance, to such fine or penalty as it is authorized to impose for any violation of its laws. State law reference(s)—License tax authority, Code of Virginia, § 58.1-3700 et seq. Sec. 16.?General taxes.A.The council of the Town of Bluefield is authorized to, and shall annually, order a town levy for so much as, in their opinion, is necessary to be raised in that way, in addition to what may be received for licenses and from other sources, to meet the appropriations made, or to be made, and all sums required by law to be raised for the purposes of the town. The levy so ordered may be upon any property therein subject to local taxation and not expressly segregated to the Commonwealth for purposes of state taxation only. B.It is hereby expressly provided that the council shall, in its discretion, be authorized to fix such annual levy on property subject to taxation in the Town of Bluefield, for town purposes, without any limit as to the rate thereof, any provisions of the general laws of the Commonwealth to the contrary notwithstanding; however, the council shall not fix such levy on property partially segregated to the Commonwealth for purposes of state taxation at a rate higher than is or may be permitted by the general laws relating thereto. C.If the treasurer ascertains that any real or personal property, subject to local taxation, has not been assessed for town taxation for any year or that the same has been assessed at less than the law requires for any year or that the taxes thereon for any cause have not been realized, it shall be the duty of the treasurer to list the same, and assess town taxes thereon at the rate prescribed for that year, adding thereto interest at a maximum rate as provided in the Code of Virginia. Where the same was omitted by no fault of the person charged with the taxes, no interest shall be charged. D.The provisions of this charter, insofar as applicable, with respect to the collection of taxes, shall apply to the assessment and collection, and the administration of the assessment and collection, of taxes on personal property and all classes thereof. Sec. 17.?Audit of accounts.Upon the death, resignation, removal or expiration of the term of any officer of the town, the town manager may order an audit and investigation to be made of the accounts of such officer and report to the council. Sec. 18.?Oath of office and qualifications of officers.Except as otherwise provided by general law or this charter, all officers elected or appointed under the provisions of this charter shall, before entering upon the discharge of their duties, take the oath of office and shall execute such bond as may be required by general law, this charter, or ordinance or resolution of the council, and file the bond with the town clerk. If the requirements of this section have not been complied with by any officer within ten days after the term of office shall have begun or after his appointment to fill a vacancy, the office shall be considered vacant. Sec. 19.?Books and papers to be delivered to successor or town clerk.Any person holding a municipal office and vacating the same on account of removal or otherwise shall deliver over to his successor in office, or to the town clerk, all property and books and papers belonging to the town, or appertaining to such office which may be in his possession or under his control. Sec. 20.?Powers of town police.For the purpose of enabling the town to execute its duties and powers, each member of the police force and each policeman is hereby made and constituted a conservator of the peace and endowed with all the powers of a constable in criminal cases and all other powers which under the ordinances of the town may be necessary to enable him to discharge the duties of his office. Sec. 21.?Ordinances to continue in force.All ordinances now in force in the Town of Bluefield, not inconsistent with this charter, shall be and remain in force until altered, amended or repealed by the council of said town. Sec. 22.?Council to settle controversies between officers.If the town manager, or other officers appointed by the council, in the administration of their respective duties, disagree or have any controversy with any of the officers of the town elected by the voters, such matter in dispute or controversy shall be referred to the council for review and decision. Sec. 23.?Severability of provisions.If any clause, sentence, paragraph, or part of this charter shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this charter, but shall be confined in its operations to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which the judgment has been rendered. Sec. 24.?General laws to apply.The enumeration of particular powers and authority in this charter shall not be deemed or held to be exclusive. In addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, the said town shall have and may exercise all other powers which are now or may hereafter be possessed or enjoyed by towns under the Constitution and general laws of this Commonwealth. Subpart A?GENERAL ORDINANCESChapter 1?GENERAL PROVISIONSSec. 1-1.?How Code designated and cited.The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of Ordinances, Town of Bluefield, Virginia," and may be so cited. Such ordinances may also be cited as "Bluefield Code." (Code 1984, § 1-1)Charter reference(s)—Authority of town to enact ordinances, § 10; admissibility of ordinances as evidence in courts, § 10. State law reference(s)—Authority to codify ordinances, Code of Virginia, § 15.2-1433. Sec. 1-2.?Definitions and rules of construction.In the construction of this Code and of all ordinances and resolutions of the town, the following rules shall be observed unless otherwise specifically provided or unless such construction would be inconsistent with the manifest intent of the council: Charter. The term "Charter" means the Charter of the town, as it now exists or as it may be amended in the future. Code. Whenever the term "Code" is referred to, without further qualification, it means the Code of Ordinances, Town of Bluefield, Virginia, as designated in section 1-1. Computation of time. Whenever a notice is required to be given, or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted. Whenever the last day falls on a Saturday, Sunday or legal holiday, the notice may be given or the act may be done on the next day that is not a Saturday, Sunday or legal holiday. State law reference(s)—Similar rules of construction, Code of Virginia, §§ 1.13-3, 1.13-3:1. Council; town council. The terms "council" and "town council" mean the town council of the Town of Bluefield. County. The term "county" means the County of Tazewell in the State of Virginia. Gender. A term importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males. State law reference(s)—Similar rule of construction, Code of Virginia, § 1.13-7. Health officer. The term "health officer" means the health director of the county health department or his duly authorized agent. May. The term "may" is permissive. Number. A term importing the singular number only may extend and be applied to several persons or things as well as to one person or thing; a term importing the plural number only may extend and be applied to one person or thing as well as to several persons or things. State law reference(s)—Similar rule of construction, Code of Virginia, § 1.13-15. Oath. The term "oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath. State law reference(s)—Similar definition, Code of Virginia, § 1.13-16. Officers, boards, etc. Whenever reference is made to a particular officer, department, board, commission or other agency, without further qualification, such reference shall be construed as if followed by the term "of the Town of Bluefield, Virginia." A reference to a specific officer shall include that officer's duly authorized deputies and agents, subject, however, to the provisions of Code of Virginia, § 15.2-1502. Person. The term "person" means associations, firms, partnerships and bodies politic and corporate as well as individuals. State law reference(s)—Similar definition, Code of Virginia § 1.13-19. Preceding; following. The terms "preceding" and "following" mean next before and next after, respectively. State law reference(s)—Similar definitions, Code of Virginia, §§ 1.13-6, 1.13-23. Shall. The term "shall" is mandatory. Sidewalk. The term "sidewalk" means any portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line, intended for the use of pedestrians. State and commonwealth. The terms "state" and "commonwealth" shall be construed as if the term "of Virginia" followed such terms. State code. The terms "state code" and "Code of Virginia" means the Code of Virginia, 1950, as amended. Street. The term "street" means avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the town, and shall mean the entire width thereof between abutting property lines; it shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the council. Swear; sworn. The terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed" in all cases in which by law an affirmation may be substituted for an oath. State law reference(s)—Similar definition, Code of Virginia, § 1.13-28. Town. The term "town" shall be construed as if the term "of Bluefield" followed it. State law reference(s)—Similar definitions and rules of construction generally, Code of Virginia, § 1.13-1 et seq. (Code 1984, § 1-2)Sec. 1-3.?Catchlines of sections.The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections; nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Code 1984, § 1-3)State law reference(s)—Similar provisions, Code of Virginia, § 1.13-9. Sec. 1-4.?History notes and references.The history notes appearing in parentheses at the end of each section as well as references appearing in eight-point type are merely for the benefit of the user of this Code and shall have no legal effect. (Code 1984, § 1-4)Sec. 1-5.?References to chapters or sections.All references to chapters or sections are to the chapters or sections of this Code unless otherwise specified. Sec. 1-6.?References and editor's notes.Editor's notes, cross references and state law references that appear in this Code after sections or subsections are provided for the convenience of the user of the Code and have no legal effect. Sec. 1-7.?Continuation of existing ordinances.The provisions of this Code, insofar as they are substantially the same legislation previously adopted by the city relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. (Code 1984, § 1-5)Sec. 1-8.?Effect of repeal of ordinances.(a)The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. (b)The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed or cause of action arising under the ordinance repealed. (Code 1984, § 1-9)Sec. 1-9.?Certain provisions saved from repeal.Nothing in this Code or the ordinance adopting this Code shall repeal the following, when not inconsistent with this Code: (1)Any ordinance or resolution promising or guaranteeing the payment of money for the town or authorizing the issue of any bonds of the town or any evidence of the town's indebtedness or any contract or obligation assumed by the town; (2)Any annual tax levy; (3)Any right or franchise conferred by ordinance or resolution of the town on any person or corporation; (4)Any ordinance adopted for purposes which have been consummated; (5)Any ordinance which is temporary, although general in effect, or special, although permanent in effect; (6)Any ordinance relating to the salaries of the town officers or employees; (7)Any ordinance annexing territory to the town; (8)Any ordinance opening, accepting or vacating streets or alleys in the town; (9)Any ordinance relating to rezoning property or amendment to zoning map; and all such provisions shall remain in full force and effect as if set out fully herein. (Code 1984, § 1-7)Sec. 1-10.?Code and new ordinances do not affect prior offenses, rights, etc.(a)Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, or any prosecution, suit or proceeding pending or any judgment rendered, on or before the effective date of this Code. (b)No new ordinance shall be construed to repeal a former ordinance as to any offense committed against the former ordinance or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new ordinance takes effect, save only that the proceedings thereafter had shall conform, so far as practicable, to the ordinance in force at the time of such proceedings. (Code 1984, § 1-8)State law reference(s)—Similar provisions applicable to state statutes, Code of Virginia, tit. 1.16. Sec. 1-11.?Amendments to Code; effect of new ordinances; amendatory language.(a)All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of the Code and printed for inclusion in the Code. Portions of this Code repealed by subsequent ordinances may be excluded from this Code by omission from affected reprinted pages. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code of Ordinances and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the city council. (b)Amendments to provisions of this Code shall be made with the following language: "Section (chapter, article, division or subdivision, as appropriate) of the Code of Ordinances, Town of Bluefield, Virginia, is hereby amended to read as follows: …" The new provisions shall be set out in full. (c)If a new section, subdivision, division, article or chapter is to be added to the Code, the following language shall be used: "Section (chapter, article, division or subdivision, as appropriate) of the Code of Ordinances, Town of Bluefield, Virginia, is hereby created to read as follows: …" The new provisions shall be set out in full. (d)All provisions desired to be repealed should be repealed specially by section, subdivision, division, article or chapter number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance. Sec. 1-12.?Supplementation of Code.(a)By contract or by town personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the council. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b)In preparing a supplement to this Code, all portions of the Code which have been replaced shall be excluded from the Code by the omission thereof from reprinted pages. (c)When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1)Organize the ordinance material into appropriate subdivisions; (2)Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles; (3)Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; (4)Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _______ to _______" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); (5)Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. (Code 1984, § 1-10)State law reference(s)—Authority to supplement Code, Code of Virginia, § 15.2-1433. Sec. 1-13.?Copies of Code and supplements to be available for public inspection.At least three copies of this Code and every supplement thereto shall be kept in the office of the town manager and shall there be available for public inspection, during normal business hours. (Code 1984, § 1-11)State law reference(s)—Similar provisions, Code of Virginia, § 15.2-1433. Sec. 1-14.?Severability of parts of Code.It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable; and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. (Code 1984, § 1-6)Sec. 1-15.?Classification of and penalties for violations; continuing violations.(a)Whenever in this Code or any other ordinance of the town or any rule or regulation promulgated by any officer or agency of the town, under authority duly vested in such officer or agency, it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punished as follows: (1)Class 1 misdemeanor. By a fine of not more than $2,500.00, or by confinement in jail for not more than 12 months, or by both such fine and confinement. (2)Class 2 misdemeanor. By a fine of not more than $1,000.00, or by confinement in jail for not more than six months, or by both such fine and confinement. (3)Class 3 misdemeanor. By a fine of not more than $500.00. (4)Class 4 misdemeanor. By a fine of not more than $250.00. (b)Whenever in any provision of this Code or in any other ordinance of the town or any rule or regulation promulgated by an officer or agency of the town, under authority duly vested in such officer or agency, any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided for the violation of such provision and such violation is not described as being of a particular class of misdemeanor, such violation shall constitute a Class 3 misdemeanor and be punished as prescribed in subsection (a)(3) of this section. (c)Notwithstanding any other provision of this section or any other section of this Code, no penalty for a violation of this Code or other ordinance, rule or regulation of the town shall exceed that prescribed by general law of the state for a like offense. (d)Each day any violation of this Code or any other ordinance, rule or regulation referred to in this section shall continue shall constitute a separate offense, except where otherwise provided. (Code 1984, § 1-12)State law reference(s)—Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of town to provide penalties for violation of ordinances and provisions similar to subsection 1-15(c), Code of Virginia, § 15.2-1429; authority of court trying case, upon conviction, to require bond conditioned that the person convicted will not violate the ordinance for the breach of which he was convicted for a period of not more than one year, Code of Virginia, § 15.2-1429; injunctive relief for continuing violations of ordinances, Code of Virginia, § 15.2-1432. Sec. 1-16.?Penalty and interest for failure to pay accounts when due.(a)Unless otherwise provided in this ordinance, any person failing to pay an account due to the town on or before the due date, other than taxes, may, at the option of the town, incur a penalty thereon of $10.00 or an amount not to exceed ten percent of the account owing to the town. The penalty shall be added to the amount of the account due from such person. No penalty shall be imposed for failure to pay any account if such failure was not in any way the fault of the debtor. (b)Interest at the rate of ten percent annually from the first day following the day such account is due shall be collected and paid to the town upon the principle and penalty of all such accounts due to the town. (Ord. of 1-28-2008)State law reference(s)—Penalty and interest, Virginia Code, § 15.2-105. Chapter 2?ADMINISTRATIONARTICLE I.?IN GENERALSecs. 2-1—2-30.?Reserved.ARTICLE II.?TOWN COUNCILSec. 2-31.?Time and place of regular meetings.The regular meeting of the council shall be held on the second and fourth Tuesday of each month. (Code 1984, § 2-16; Ord. of 8-13-2001; Ord. of 11-28-2011)Charter reference(s)—Authority of town to establish time of meetings, § 8. Secs. 2-32—2-60.?Reserved.ARTICLE III.?TOWN PROPERTYSec. 2-61.?Responsibility for and inventory of town personal property.(a)Each head of a department, office or agency of the town government to which personal property of the town is assigned or is allocated for use shall be responsible for the proper storage, maintenance and use thereof and for the prevention of unauthorized use. The town manager shall be charged with the responsibility for the personal property and records of the council and its committees under this subsection. (b)Each head of a department, office or agency of the town government to which unexpendable personal property of the town is assigned shall maintain an inventory of each item thereof having a value of $10.00 or more and shall revise such inventory during January of each year and provide the town manager with a copy thereof. The town clerk shall maintain and annually revise such inventory of personal property of the council and its committees and provide a copy thereof to the mayor. (Code 1984, § 2-201)Sec. 2-62.?Real property, easements and rights-of-way.(a)Each head of a department, office or agency of the town government to which real property owned by or leased to the town is assigned for use shall be responsible for the proper maintenance and use thereof and for the prevention of unauthorized use; and the town manager shall have the general supervision over all such property. (b)The town manager shall maintain, and during January of each year shall revise, an inventory of all real property, easements and rights-of-way owned by or leased to the town, so as to show for each item its location; its cost if owned by the town or its rental if leased to the town; its current value; the department, office or agency to which assigned for use; the insurance coverage thereon, together with the amount of the annual premium and anniversary date; and appropriate reference to deeds and leases of record; and if town-owned property is leased, the name and address of the lessee and the terms of the lease shall be shown. (Code 1984, § 2-202)Sec. 2-63.?Disposal of surplus property.(a)All using agencies shall submit to the purchasing agent, at such time and in such form as he prescribes, reports showing stocks of all supplies which are no longer used or which have become obsolete, worn out or scrapped. (b)The purchasing agent shall have the authority to transfer surplus stock to other using agencies. (c)The purchasing agent shall have the authority to sell all supplies which have been unsuitable for public use, or to exchange the supplies for or trade in the supplies on new supplies. (d)All sales of property pursuant to this section shall be sold on the basis of competitive bids wherever feasible to obtain the highest price. (e)The purchasing agent may require sealed bids in his discretion. (Code 1984, § 2-591)State law reference(s)—Disposal of unclaimed property in possession of police, Code of Virginia, § 15.2-1719; disposal of bicycles, etc., Code of Virginia, § 15.2-1720; disposal of firearms, Code of Virginia, § 15.2-1721; uniform disposition of unclaimed property act, Code of Virginia, § 55.210-1 et seq. Secs. 2-64—2-90.?Reserved.ARTICLE IV.?FINANCEDIVISION 1.?GENERALLYSec. 2-91.?Fiscal year.The fiscal year of the town shall begin on July 1 and end on June 30 of the succeeding year. (Code 1984, § 2-491)State law reference(s)—Mandate for fiscal year, Code of Virginia, § 15.2-2500. Sec. 2-92.?Presentation of budget by town manager.On or before April 1 of each year, the town manager shall present to the council the proposed budget for the ensuing fiscal year. (Code 1984, § 2-492)State law reference(s)—Similar provisions, Code of Virginia, § 15.2-2503. Sec. 2-93.?Official bonds.(a)Each officer, employee and agent of the town who in the course of his official duties will have in his possession, custody or control any money, negotiable instruments, securities or other liquid assets belonging or due to the town which at any time exceeds in value the sum of $100.00 shall, before entering upon the discharge of his duties, give bond payable to the town, with corporate surety and in such amount as shall be determined by the council, conditioned upon the faithful performance of his duties and a true accounting to make of all the town assets coming within his possession, custody or control. The bond of the town treasurer, his deputies and assistants, shall be in an amount not less than that required in Code of Virginia, § 15.2-1530. (b)Each officer, employee and agent of the town who in the course of his official duties is authorized to carry any firearm shall, before entering upon the discharge of his duties, give bond to the town, with corporate surety and in amount as may be fixed by the council of not less than $40,000.00, conditioned upon the payment of all claims, judgments and decrees resulting from the negligent or unlawful use of such firearm by himself or by any other person with his knowledge and consent. (c)In lieu of individual bonds, the council may provide for a system of blanket bonding covering all persons who, by this section, are required to be bonded. (d)All bonds required by this section shall be approved by the town attorney as to legality and form and by the council as to sufficiency, and the premiums thereon shall be paid by the town. Bonds shall be filed in the office of the town clerk. (Code 1984, § 2-493)Charter reference(s)—Bond of town manager, § 11; bond of town treasurer, § 14; bonds of officers, § 18. State law reference(s)—Authority of town council to require oath and bonds of town officers and employees, Code of Virginia, §§ 2.2-1840, 15.2-1512, 15.2-1527, 15.2-1530. Secs. 2-94—2-110.?Reserved.DIVISION 2.?EXPENDITURES GENERALLYSec. 2-111.?Application of division.No expenditure or contractual obligation of any kind or character shall be made or entered into on behalf of the town except in the manner provided in this division. (Code 1984, § 2-526)Sec. 2-112.?Authorization by town council.Approval of the town budget by the council shall be interpreted as authorization for the town manager to expend monies allocated in the town budget. Due authorization and specific appropriations for expenditures and contracts shall be voted and carried in a meeting of the council, when sufficient funds have not been appropriated in the annual budget. (Code 1984, § 2-527)Sec. 2-113.?Authorization of purchases.(a)Sales slip, invoice, etc., required. No purchase of any materials, supplies, services or labor will be made except upon authorization by the town manager under the appropriations authority granted as set out in section 2-112. (b)Orders generally. In every case where possible to do so, the town manager or his designated representative shall issue a regular purchase order for material and supplies or special services authorized and appropriated. Such purchase order shall specify in particular the purpose for which such order is intended, and each vendor shall be required to furnish a separate invoice or bill covering each purchase order showing the town order number and date thereof. No invoice or bill will be honored or considered for payment unless this provision is complied with. Upon the receipt of such invoice or bill, there shall be attached thereto a copy of such purchase order as set out in this subsection. (Code 1984, § 2-528)Charter reference(s)—Powers and duties of town manager in financial affairs, § 12. Sec. 2-114.?Authority to establish imprest cash fund.The town manager, at his discretion, may authorize and establish an imprest cash fund for the purpose of payment of small petty cash emergency expenditures. Such fund shall be established by an appropriation order in the amount of $250.00, and expenditures therefrom shall be only on a signed petty cash receipt in the form furnished, and replenishment of the fund as required will be through an appropriation order in the exact amount of receipts on hand so that total cash and receipts on hand will at all times exactly equal the sum of $250.00. (Code 1984, § 2-529)Sec. 2-115.?Monthly report required.The town manager shall furnish to the council a written monthly report of the status of all appropriations and outstanding obligations as at the close of the month for which such report is furnished. (Code 1984, § 2-530)Secs. 2-116—2-119.?Reserved.DIVISION 3.?COST ASSESSMENT FOR ELECTRONIC SUMMONS SYSTEMSSec. 2-120.?Assessment and collection.The clerk of the General District Court of Tazewell County shall assess and collect an additional sum of $5.00 as part of the costs of each criminal or traffic case in the district court for offenses which occur within the boundaries of the town which violate any statute or ordinance adopted by the town pursuant to section 54-1 for the Town Code. (Ord. of 10-14-2014)Sec. 2-121.?Remittance of funds; recordkeeping.The assessment shall be collected by the clerk of the district court and shall be remitted to the Town of Bluefield. The financial director of the Town of Bluefield shall maintain a separate internal record, and such funds shall be held by said financial director subject to disbursement by the governing body to the town's police department. (Ord. of 10-14-2014)Sec. 2-122.?Appropriate of funds.All funds received by the town pursuant to the foregoing provision may be appropriated by the town council for disbursement to the town's police department solely to fund software, hardware, associated equipment costs, and other expense as may be prescribed by statute. (Ord. of 10-14-2014)Secs. 2-123—2-140.?Reserved.ARTICLE V.?PROCUREMENTDIVISION 1.?GENERALLYSec. 2-141.?Purpose.The purpose of this article is to provide for the fair and equitable treatment of all persons involved in public purchasing by this town, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity. (Code 1984, § 2-541)Sec. 2-142.?Application.(a)This article applies to contracts for the procurement of goods, services, insurance and construction entered into by this town, involving every expenditure for public purchasing irrespective of its source. (b)When the procurement involves the expenditure of federal assistance or contract funds, the procurement shall be conducted in accordance with any applicable mandatory federal law and regulation which are not reflected in this article. Nothing in this article shall prevent any public agency from complying with the terms and conditions of any grant, gift or bequest which are otherwise consistent with law. (Code 1984, § 2-542)Sec. 2-143.?Definitions.The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Blind trusts means an independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust. Brand name specification means a specification limited to one or more items by manufacturers' names or catalogue numbers. Brand name or equal specification means a specification limited to one or more items by manufacturers' names or catalogue numbers to describe the standard of quality, performance and other salient characteristics needed to meet town requirements and which provides for the submission of equivalent products. Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity. Change order (unilateral) means a written order signed and unilaterally issued by the town manager directing the contractor to make changes which the "changes" clauses of the contract authorize the town manager to order without the consent of the contractor. Confidential information means any information which is available to an employee only because of the employee's status as an employee of this town and is not a matter of public knowledge or available to the public on request. Construction means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4301. Construction management contract means a contract in which a party is retained by the owner to coordinate and administer contracts for construction services for the benefit of the owner and may also include, if provided in the contract, the furnishing of construction services to the owner. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4301. Contract means all types of town agreements, regardless of what they may be called, for the procurement of goods, services, insurance or construction. Contract modification means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provision of any contract accomplished by mutual action of the parties of the contract. Contractor means any person having a contract with the town or a using agency thereof. Cost analysis means the evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid and costs to be reimbursed. Cost data means factual information concerning the cost of labor, material, overhead and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the contract. Cost-reimbursement contract means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this article, and a fee or profit, if any. Direct or indirect participation means involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity. Disadvantaged business means a small business which is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. Employee means an individual drawing a salary or wages from the town, whether elected or not; any noncompensated individual performing personal services for the town or any department, agency, commission, council, board or any other entity established by the executive or legislative branch of this town; and a noncompensated individual serving as an elected official of the town. Goods means all material, equipment, supplies, printing and automated data processing hardware and software. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4301. Informality means a minor defect or variation of a bid or proposal from the exact requirements of the invitation to bid, or the request for proposal, which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4301. Insurance means a contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils. Invitation for bids means all documents, whether attached or incorporated by reference, utilized for soliciting sealed bids. No confidential or proprietary data shall be solicited in an invitation for bids. Nominal value means so small, slight, or the like, in comparison to what might properly be expected, as scarcely to be entitled to the name but in no case to be more than $25.00. Nonprofessional services means any services not specifically identified as professional services in the following definition of professional services. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4301. Professional service means work performed by an independent contractor within the scope of the practice of accounting, architecture, land surveying, landscape architecture, law, medicine, optometry or professional engineering. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4301. Price analysis means the evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed. Pricing data means factual information concerning prices for items substantially similar to those being procured. The term "prices" in this definition refers to offer or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontract prices. Public body means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this article. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4301. Purchasing agent and agent mean the purchasing agent of the town. Qualified products list means an approved list of goods, services or construction items described by model or catalogue number, which, prior to competitive solicitation, the town has determined will meet the applicable specification requirements. Request for proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. Responsible bidder or offeror means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will ensure good-faith performance, and who has been prequalified, if required. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4301. Responsive bidder means a person who has submitted a bid which conforms in all material respects to the invitation to bid. Services means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4301. Sheltered workshop means a work-oriented rehabilitative facility with a controlled working environment and individual goals which utilizes work experience and related services for assisting the handicapped person to progress toward normal living and a productive vocational status. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4301. Small business means a United States business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation. Specification means any description of the physical or functional characteristics, or of the nature of a good, service or construction item. The term "specification" may include a description of any requirement for inspecting, testing or preparing a good, service or construction item for delivery. Using agency means any department, agency, commission, bureau or other unit in the town government requiring goods, services, insurance or construction as provided for in this article. (Code 1984, § 2-543)Cross reference(s)—Definitions generally, § 1-2. State law reference(s)—Similar definitions, Code of Virginia, § 2.2-4301. Sec. 2-144.?Cooperative procurement; conditions for use.The town may participate in, sponsor, conduct or administer a cooperative procurement agreement with one or more other public bodies for the purpose of combining requirements to increase efficiency or reduce administrative expenses. Any public body which enters into a cooperative procurement agreement with the town shall comply with the policies and procedures adopted by this article. (Code 1984, § 2-544)State law reference(s)—Authority for section, Code of Virginia, § 2.2-4304. Sec. 2-145.?Sole-source procurement.Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. The town shall issue a written notice stating that only one source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted in a designated public area or published in a newspaper of general circulation on the day the town awards or announces its decision to award the contract, whichever occurs first. (Code 1984, § 2-574)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4303(E). Sec. 2-146.?Emergency purchases.(a)Authorized. In a case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The town shall issue a written notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted in a designated public area or published in a newspaper of general circulation on the day the town awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable. (b)Conditions. An emergency shall be deemed to exist when a breakdown in machinery or equipment and/or a threatened termination of essential services or a dangerous condition develops, or when any unforeseen circumstances arise causing curtailment or diminution of an essential service or where materials or services are needed to prevent loss of life or property. (Code 1984, § 2-575)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4303(F). Sec. 2-147.?Small purchases.(a)All purchases of goods, contractual services, insurance and capital improvements estimated to be less than allowed by current Virginia State Code shall not be subject to the requirements of division 3 of this article; however, the purchasing agent shall, whenever the amount thereof exceeds $2,500.00, secure two or more proposals in the commodity area of the transaction. (b)Written quotations from vendors shall be obtained where practical, although verbal quotations will be permitted provided the purchasing agent shall cause a written record of all such verbal quotations to be made and filed with the records of the transaction. (Code 1984, § 2-576; Ord. of 6-9-2008)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4303(G), (H). Sec. 2-148.?Miscellaneous sources.The following transactions are exempt from the provisions of this division: (1)Purchases from the state penitentiary or state contracts from the state purchasing department warehouse. (2)Legal services associated with actual or potential litigation. (3)Purchases for special police work when the chief of police certifies to the town manager that items are needed for undercover police operations. (Code 1984, § 2-577)Secs. 2-149—2-170.?Reserved.DIVISION 2.?PURCHASING AGENTSec. 2-171.?System established; appointment and bond of agent.(a)System established. There is hereby created a purchasing system to operate under the direction and supervision of the town manager. Nothing contained in this article shall prevent the town manager from designating a responsible person to perform the duties of purchasing agent, subject to his direction. (b)Appointment of purchasing agent. A purchasing agent may be appointed by the town manager and shall be subject to his general direction and control. (c)Purchasing agent bond. The purchasing agent shall give an official bond, the form and amount of which to be approved by the town attorney. (Code 1984, § 2-556)Sec. 2-172.?Authority and duties.(a)Principal public purchasing official. The purchasing agent shall serve as the principal public purchasing official for the town and shall be responsible for the procurement of goods, services, insurance and construction in accordance with this division, as well as the management and disposal of supplies. (b)Duties. In accordance with this article, and subject to the supervision of the town manager, the purchasing agent shall: (1)Purchase or supervise the purchasing of all goods, services, insurance and construction needed by this town; (2)Exercise direct supervision over the town's central stores and general supervision over all other inventories of goods belonging to the town; (3)Sell, trade or otherwise dispose of surplus goods to the town; and (4)Establish and maintain programs for specifications development, contract administration and inspection and acceptance, in cooperation with the public agencies using the goods, services and construction. (c)Operational procedures. Consistent with this division, and with the approval of the town manager, the purchasing agent may adopt operational procedures relating to the execution of his duties. (Code 1984, § 2-557)Sec. 2-173.?Delegation.With the approval of the town manager, the purchasing agent may delegate authority to purchase certain supplies, services or construction items to other town officials if such delegation is deemed necessary for the effective procurement of those items. (Code 1984, § 2-558)Sec. 2-174.?Unauthorized purchases.Except as provided in section 2-173, no official, elected or appointed, or any employee shall purchase or contract for any goods, services, insurance or construction within the purview of this article other than by and through the purchasing system; and any purchase order or contract made contrary to the provisions hereof is not approved and the town shall not be bound thereby. (Code 1984, § 2-559)Secs. 2-175—2-190.?Reserved.DIVISION 3.?COMPETITIVE SEALED BIDSSec. 2-191.?Conditions for use.All public contracts with nongovernmental contractors for the purchase or lease of goods or for the purchase of services, insurance or construction shall be awarded after competitive sealed bidding, or competitive negotiation as provided in this division, unless otherwise authorized by law. (Code 1984, § 2-571(a))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4303(A). Sec. 2-192.?Competitive procurement on state-aid projects.No contract for the construction of any building or for an addition to or improvement of an existing building by the town for which state funds of not more than $30,000.00 in the aggregate or for the sum of all phases of a contract or project either by appropriation, grant-in-aid or loan are used or are to be used for all or part of the cost of construction shall be let except after competitive sealed bidding or after competitive negotiation as provided under Code of Virginia, § 2.2-4303(D). The procedure for the advertising for bids or for proposals and for letting of the contract shall conform, mutatis mutandis, to this article. (Code 1984, § 2-571(b))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4305. Sec. 2-193.?Public inspection of certain records.(a)Except as provided in this section, all proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act, Code of Virginia, § 2.2-3700 et seq. (b)Cost estimates relating to a proposed procurement transaction prepared by or for the town shall not be open to public inspection. (c)Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the town decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract. (d)Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award, except in the event that the public body decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract. (e)Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records. (f)Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to Code of Virginia, § 2.2-4317(B) shall not be subject to the Virginia Freedom of Information Act, Code of Virginia, § 2.2-3700 et seq.; however, the bidder, offeror or contractor shall invoke the protections of this section prior to or upon submission of the data or other materials, identify the data or other materials to be protected, and state the reasons why protection is necessary. (Code 1984, § 2-571(c))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4342. Sec. 2-194.?Employment discrimination by contractor prohibited; required contract provisions.All contracts of more than $10,000.00 shall include the following provisions: (1)During the performance of this contract, the contractor agrees as follows: a.The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b.The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. c.Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (2)The contractor will include the provisions of subsections (1)a—c of this section in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor. (Code 1984, § 2-571(d))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4311. Sec. 2-195.?Prequalification of bidders.(a)The purchasing agent is authorized to prequalify bidders as provided in Code of Virginia, § 2.2-4317 prior to any solicitation of bids, whether for goods, services, insurance or construction, by requiring prospective bidders to submit such information as the purchasing agent shall deem appropriate, including samples, financial reports and references. Opportunity to prequalify shall be given to any prospective bidder who has not been suspended or debarred under this article. (b)The purchasing agent may refuse to prequalify any prospective contractor, provided that written reasons and factual basis for such reasons for refusing to prequalify are sent to the contractor and made a part of the record in each case. The decision of the purchasing agent shall be final and conclusive unless the contractor appeals the decision as provided in section 2-291. (c)The purchasing agent may deny prequalification to any contractor only if the purchasing agent finds one of the following: (1)The contractor does not have sufficient financial ability to perform the contract that would result from such procurement. If a bond is required to ensure performance of a contract, evidence that the contractor can acquire a surety bond from a corporation included on the United States Treasury list of acceptable surety corporations in the amount and type required by the town shall be sufficient to establish the financial ability of the contractor to perform the contract resulting from such procurement; (2)The contractor does not have appropriate experience to perform the construction project in question; (3)The contractor or any officer, director or owner thereof has had judgments entered against him within the past ten years for the breach of contracts for governmental or nongovernmental construction, including, but not limited to, design-build or construction management; (4)The contractor has been in substantial noncompliance with the terms and conditions of prior construction contracts with a town without good cause. If the town has not contracted with a contractor in any prior construction contracts, the town may deny prequalification if the contractor has been in substantial noncompliance with the terms and conditions of comparable construction contracts with another public body without good cause. A purchasing agent may not utilize this provision to deny prequalification unless the facts underlying such substantial noncompliance were documented in writing in the prior construction project file and such information relating thereto given to the contractor at that time, with the opportunity to respond; (5)The contractor or any officer, director, owner, project manager, procurement manager or chief financial official thereof has been convicted within the past ten years of a crime related to governmental or nongovernmental construction or contracting, including, but not limited to, a violation of Code of Virginia, § 2.2-4367 et seq., the Virginia Governmental Frauds Act, Code of Virginia, §§ 18.2-498.1 et seq., 59.1-68.6 et seq., or any substantially similar law of the United States or another state; (6)The contractor or any officer, director or owner thereof is currently debarred pursuant to an established debarment procedure from bidding or contracting by any public body, agency of another state or agency of the federal government; and (7)The contractor failed to provide to the purchasing agent in a timely manner any information requested by the purchasing agent relevant to subsections (c)(1)—(6) of this section. (d)The purchasing agent may also deny prequalification based on minority participation criteria adopted by the town. (e)In considering any request for prequalification, the purchasing agent shall determine whether there is reason to believe that the bidder possesses the management, financial soundness, and history of performance which indicate apparent ability to successfully complete the plans and specifications of the invitations for bid. The purchasing agent may employ standard forms designed to elicit necessary information, or may design other forms for that purpose. (f)Prequalification of a bidder shall not constitute a conclusive determination that the bidder is responsible, and such bidder may be rejected as nonresponsible on the basis of subsequently discovered information. (g)Failure of a bidder to prequalify with respect to a given procurement shall not bar the bidder from seeking prequalification as to future procurements, or from bidding on procurements which do not require prequalification. (Code 1984, § 2-571(e))State law reference(s)—Prequalification, Code of Virginia, § 2.2-4317. Sec. 2-196.?Notice of invitation to bid.(a)Notice inviting bids shall be published once in at least one official newspaper in the community and at least ten days preceding the last day set for the receipt of proposals. (b)The newspaper notice required in subsection (a) of this section shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and shall state the time and place for opening bids. (c)The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a "bidders' list" which the agent shall maintain, by sending other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent. (d)The purchasing agent shall also advertise all pending purchases or sales by notice posted on the public bulletin board in the town hall. (e)Public notice of the invitation to bid must be given at least ten days prior to the date set for receipt of bids by posting in a designated public area, or publication in a newspaper of general circulation, or both. In addition, bids may be solicited directly from potential contractors. (Code 1984, § 2-571(f))Sec. 2-197.?Use of brand names.Unless otherwise provided in the invitation to bid, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; rather, it conveys the general style, type, character and quality of the article desired, and any article which the town in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. (Code 1984, § 2-571(g))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4315. Sec. 2-198.?Comments on specifications.For complex equipment, supplies or repair, prebid conferences with prospective bidders are desirable after draft specifications have been prepared. Such conferences help to detect unclear provisions and tend to widen competition by removing unnecessarily restrictive language. Conferences on purchasing bids will be called by the purchasing agent and attended by a department representative and, if necessary, the town attorney. (Code 1984, § 2-571(h))State law reference(s)—Comments concerning specifications, Code of Virginia, § 2.2-4316. Sec. 2-199.?Bid bonds on construction contracts.(a)Except in cases of emergency, all bids or proposals for construction contracts in excess of $25,000.00 shall be accompanied by a bid bond from a surety company selected by the bidder which is legally authorized to do business in the state, as a guarantee that if the contract is awarded to such bidder, that bidder will enter into the contract for the work mentioned in the bid. The amount of the bid bond shall not exceed five percent of the amount bid. (b)No forfeiture under a bid bond shall exceed the lesser of the difference between the bid for which the bond was written and the next low bid or the face amount of the bid bond. (Code 1984, § 2-571(i))State law reference(s)—Bid bonds, Code of Virginia, § 2.2-4336. Sec. 2-200.?Bonds for other than construction contracts.(a)At the discretion of the purchasing agent, bidders may be required to submit with their bid a bid bond, or a certified check, in an amount to be determined by the purchasing agent and specified in the invitation to bid, which shall be forfeited to the town as liquidated damages upon the bidder's failure to execute a contract awarded to him or upon the bidder's failure to furnish any required performance or payment bonds in connection with a contract awarded to him. (b)The purchasing agent may require successful bidders to furnish a performance bond and/or a payment bond at the expense of the successful bidder, in amounts to be determined by the purchasing agent and specified in the invitation to bid, to ensure the satisfactory completion of the work for which a contract or purchase order is awarded. (Code 1984, § 2-571(j))State law reference(s)—Performance and payment bonds, Code of Virginia, §§ 2.2-4337, 2.2-4339. Sec. 2-201.?Rejection of bids.An invitation for bids, a request for proposals or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part when the town manager determines that it is in the best interest of the town to do so. The reasons therefor shall be made a part of the record in the matter. (Code 1984, § 2-571(k))Sec. 2-202.?Bid opening.All bids received must be opened in public and announced in public. (Code 1984, § 2-571(l))Sec. 2-203.?Withdrawal of bid due to error.(a)A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work paper, documents and materials used in the preparation of the bid sought to be withdrawn. (b)If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. (c)The procedure for bid withdrawal must be stated in the advertisement for bids. The procedure for withdrawal of bids is as follows: (1)The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure; or (2)The bidder shall submit to the town council or purchasing agent his original work papers, documents and materials used in the preparation of the bid within one day after the date fixed for submission of bids. The work papers shall be delivered by the bidder in person or by registered mail at or prior to the time fixed for the opening of bids. The bids shall be, opened one day following the time fixed by the town for the submission of bids. Thereafter, the bidder shall have two hours after the opening of bids within which to claim in writing any mistake as defined in this section and withdraw his bid. The contract shall not be awarded by the town until the two-hour period has elapsed. Such mistake shall be proved only from the original work papers, documents and materials delivered as required in this section. (d)Procedures for the withdrawal of bids for other than construction contracts may be established by the purchasing agent. (e)No bid may be withdrawn under this section when the result would be the awarding of the contract or another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent. (f)If a bid is withdrawn under the authority of this section, the lowest remaining bid shall be deemed to be the low bid. (g)No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the performance of the project for which the withdrawn bid was submitted. (h)If the town council denies the withdrawal of a bid under the provisions of this section, it shall notify the bidder in writing, stating the reasons for its decision. (Code 1984, § 2-571(m))State law reference(s)—Withdrawal of bid due to error, Code of Virginia, § 2.2-4330. Sec. 2-204.?Bid evaluation.In determining the lowest responsible bidder, in addition to price, the agent shall consider: (1)The ability, capacity and skill of the bidder to perform the contract or provide the service required; (2)Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (3)The character, integrity, reputation, judgment, experience and efficiency of the bidder; (4)The quality of performance of previous contracts or services; (5)The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; (6)The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (7)The quality, availability and adaptability of the goods or services to the particular use required; (8)The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; (9)The number and scope of conditions attached to the bid. (Code 1984, § 2-571(n))Sec. 2-205.?Bid award.(a)Bids shall be awarded to the lowest responsive and responsible bidder. When the terms and conditions of multiple bids are so provided in the invitation to bid, awards may be made to more than one bidder. (b)Unless canceled or rejected, a responsible bid from the lowest responsible bidder shall be accepted as submitted; except that if the bid from the lowest responsible bidder exceeds available funds, the town may negotiate with the apparent low bidder to obtain a contract price within available funds. (Code 1984, § 2-571(o))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4318. Sec. 2-206.?Tie bids.(a)In the case of a tie bid, preference shall be given to goods, services and construction produced in the state or provided by state persons, firms or corporations, if such a choice is available; otherwise, the tie shall be decided by lot. (b)Whenever any bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a preference, a like preference may be allowed to the lowest responsible bidder who is a resident of this state. (Code 1984, § 2-571(p))Sec. 2-207.?Multistep sealed bidding.When it is considered impractical to initially prepare a purchase description to support an award based on price, an invitation for bid may be issued requesting the submission of unpriced offers to be followed by an invitation for bid limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation. (Code 1984, § 2-571(q))Sec. 2-208.?Contract pricing arrangement.(a)Except as prohibited in this article, public contracts may be awarded on a fixed price or cost reimbursement basis, or on any other basis that is not prohibited. (b)Except in case of emergency affecting the public health, safety or welfare, no public contract shall be awarded on the basis of cost plus a percentage of cost. A policy or contract of insurance or prepaid coverage having a premium computed on the basis of claims paid or incurred, plus the insurance carrier's administrative costs and retention stated in whole or in part as a percentage of such claims, shall not be prohibited by this section. (Code 1984, § 2-571(r))Sec. 2-209.?Multiterm contracts.(a)Unless otherwise provided by law, a contract for goods, services or insurance may be entered into for any period of time deemed to be in the best interests of the town provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. (b)When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled. (Code 1984, § 2-571(s))Sec. 2-210.?Contract modification.A public contract may include provisions for modification of the contract during performance; but no fixed-price contract may be increased by more than 25 percent of the amount of the contract or $10,000.00, whichever is greater, without the advance written approval of the council. (Code 1984, § 2-571(t))Sec. 2-211.?Retainage on construction contracts.(a)In any public contract for construction which provides for progress payments in installments based upon an estimated percentage of completion, the contractor shall be paid at least 95 percent of the earned sum when payment is due, with not more than five percent being retained to ensure faithful performance of the contract. All amounts withheld may be included in the final payment. (b)Any subcontract for a public project which provides for similar progress payments shall be subject to the same limitations. (Code 1984, § 2-571(u))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4333. Sec. 2-212.?Performance and payment bonds.(a)Upon the award of any public construction contract exceeding $25,000.00 awarded to any prime contractor or construction contract exceeding $25,000.00 awarded to any prime contractor requiring the performance of labor or the furnishing of materials for buildings, structures or other improvements to real property owned by the town, the contractor shall furnish to the town the following bonds: (1)Except for transportation-related projects, a performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract. For transportation-related projects, such bond shall be in a form and amount satisfactory to the town council. (2)A payment bond in the sum of the contract amount. The bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in furtherance of the work provided for in the contract, and shall be conditioned upon the prompt payment for all materials furnished or labor supplied or performed in the furtherance of the work. The term "labor or materials" shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site. (b)Each of the bonds shall be executed by one or more surety companies selected by the contractor that are authorized to do business in the state. (c)The bonds shall be payable to the town. (d)Each of the bonds shall be filed with the town or a designated office or official thereof. (e)Nothing in this section shall preclude the purchasing agent from requiring payment or performance bonds for construction contracts below $25,000.00. (f)Nothing in this section shall preclude the contractor from requiring each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor conditioned upon the payment to all persons who have and fulfill contracts that are directly with the subcontractor for performing labor and furnishing materials in the prosecution of the work provided for in the subcontract. (Code 1984, § 2-571(v))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4337. Sec. 2-213.?Action on performance bond.No action against the surety on a performance bond shall be brought unless within one year after completion of the contract, including the expiration of all warranties and guarantees, or discovery of the defect or breach of warranty, if the action be for such. (Code 1984, § 2-571(w))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4340. Sec. 2-214.?Actions on payment bonds.(a)Subject to the provisions of subsection (b) of this section, any claimant who has given a payment bond and who has not been paid in full therefor before the expiration of 90 days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which he claims payment, may bring an action on such payment bond to recover any amount due him for such labor or materials, and may prosecute such action to final judgment and have execution on the judgment. The obligee named in the bond need not be named a party to such action. (b)Any claimant who has a direct contractual relationship with any subcontractor from whom the contractor has not required a subcontractor payment bond under section 2-212 but who has no contractual relationship, express or implied, with such contractor may bring an action on the contractor's payment bond only if he has given written notice to such contractor within 180 days from the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished. Any claimant who has a direct contractual relationship with a subcontractor from whom the contractor has required a subcontractor payment bond under section 2-212 but who has no contractual relationship, express or implied, with such contractor may bring an action on the subcontractor's payment bond. Notice to the contractor shall be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where his office is regularly maintained for the transaction of business. Claims for sums withheld as retainages with respect to labor performance or materials furnished shall not be subject to the time limitations stated in this subsection. (c)Any action on a payment bond must be brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials. (d)Any waiver of the right to sue on the payment bond required by this section shall be void unless it is in writing, signed by the person whose right is waived, and executed after such person has performed labor or furnished material in accordance with the contract documents. (Code 1984, § 2-571(x))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4341. Sec. 2-215.?Alternative forms of security.(a)In lieu of a bid, payment or performance bond, a bidder may furnish a certified check or cash escrow in the face amount required for the bond. (b)If approved by the town attorney, a bidder may furnish a personal bond, property bond, or bank or savings and loan association's letter of credit on certain designated funds in the face amount required for the bid payment or performance bond. Approval shall be granted only upon a determination that the alternative form of security proffered affords protection to the town equivalent to the corporate surety's bond. (Code 1984, § 2-571(y))State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4338. Secs. 2-216—2-240.?Reserved.DIVISION 4.?COMPETITIVE NEGOTIATIONSec. 2-241.?Definition.The term "competitive negotiation" means a method of source selection which involves individual discussions between the town and the offeror on the basis of responses to the town's request for proposals. (Code 1984, § 2-572(a))Cross reference(s)—Definitions generally, § 1-2. State law reference(s)—Competitive negotiation definition, Code of Virginia, § 2.2-4301. Sec. 2-242.?Conditions for use.Upon a determination in writing that competitive sealed bidding is either not practicable or not advantageous to the public, goods, services, insurance or construction may be procured by competitive negotiation. The writing shall document the basis for this determination. (Code 1984, § 2-572(b))Sec. 2-243.?Request for proposals.Request for proposals shall be in writing and indicate in general terms that which is sought to be procured, specifying the factors which will be used in evaluating the proposal and containing or incorporating by reference the other applicable contractual terms and conditions, including any unique capabilities or qualifications which will be required of the contractor. (Code 1984, § 2-572(c))Sec. 2-244.?Public notice.At least ten days prior to the date set for receipt of proposals, public notice shall be given by posting in a public area normally used for posting of public notices or by publication in a newspaper of general circulation in the area in which the contract is to be performed, or both. In addition, proposals may be solicited directly from potential contractors. (Code 1984, § 2-572(d))Sec. 2-245.?Evaluation factors and award.Selection shall be made of two or more offerors deemed to be fully qualified, responsible and best suited among those submitting proposals, on the basis of the factors involved in the request for proposals, including price if so stated in the request for proposal. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the council shall select the offeror which, in its opinion, has made the best proposal and shall award the contract to that offeror. Should the council determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. (Code 1984, § 2-572(e))State law reference(s)—Competitive negotiations, Code of Virginia, § 2.2-4301. Sec. 2-246.?Contracting for professional services by competitive negotiation.(a)Authority. Professional services may be procured by competitive negotiation. (b)Discussion and award. The purchasing agent shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project as well as alternative concepts. These discussions may encompass nonbinding estimates of total project costs. Methods to be utilized in arriving at price for services may also be discussed. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, outlined in this subsection, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process to this point, the town manager shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the town can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the town manager determine in writing and in his sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. (Code 1984, § 2-573)Secs. 2-247—2-270.?Reserved.DIVISION 5.?DEBARMENTSec. 2-271.?Authority to debar or suspend.After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the council or its designee, after consulting with the town attorney, is authorized to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three years. After consultation with the town attorney, the council or its designee is authorized to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall not be for a period exceeding three months. The causes for debarment include: (1)Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract; (2)Conviction under state and federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a town contractor; (3)Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; (4)Violation of contract provisions, as set forth as follows, of a character which is regarded by the council or its designee to be so serious as to justify debarment action: a.Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or b.A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; (5)Any other cause the council or its designee determines to be so serious and compelling as to affect responsibility as a town contractor, including debarment by another governmental entity for any cause in this article; and for violation of the ethical standards set forth in this article. (Code 1984, § 2-606)Sec. 2-272.?Decision to debar or suspend.The council or its designee shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended person involved of his rights concerning judicial or administrative review. (Code 1984, § 2-607)Sec. 2-273.?Notice of decision.A copy of the decision to debar or suspend shall be mailed or otherwise furnished immediately to the debarred or suspended person. (Code 1984, § 2-608)Sec. 2-274.?Finality of decision.A decision to debar or suspend shall be final and conclusive, unless the debarred or suspended person within ten days after receipt of the decision takes an appeal to the council or commences a timely action in court in accordance with applicable law. (Code 1984, § 2-609)Secs. 2-275—2-290.?Reserved.DIVISION 6.?APPEALS AND REMEDIES FOR BID PROTESTSSec. 2-291.?Ineligibility of bidder, offeror or contractor.(a)Any bidder, offeror or contractor refused permission to, or disqualified from, participating in public contracts shall be notified in writing. Such notice shall state the reasons for the action taken. This decision shall be final unless the bidder, offeror or contractor appeals within ten days of receipt by invoking appropriate administrative procedures, or in the alternative, by instituting legal action as provided in section 2-299. (b)If, upon appeal, it is determined that the action taken was arbitrary or capricious, or not in accordance with the state constitution, statutes or regulations, the sole relief shall be restoration of eligibility. (Code 1984, § 2-621)State law reference(s)—Ineligibility, Code of Virginia, § 2.2-4357. Sec. 2-292.?Appeal of denial of withdrawal of bid.(a)A decision denying withdrawal of bid under the provisions of this article shall be final and conclusive unless the bidder appeals the decision within ten days after receipt of the decision by invoking appropriate administrative procedures, or in the alternative, by instituting legal action as provided in section 2-299. (b)If no bid bond was posted, a bidder refused withdrawal of a bid prior to appealing shall deliver to the purchasing agent a certified check or cash bond in the amount of the difference between the bid sought to be withdrawn and the next lowest bid. Such security shall be released only upon a final determination that the bidder was entitled to withdraw the bid. (c)If, upon appeal, it is determined that the decision refusing withdrawal of the bid was arbitrary or capricious, the sole relief shall be withdrawal of the bid. (Code 1984, § 2-622)State law reference(s)—Appeal of denial of withdrawal of bid, § 2.2-4358. Sec. 2-293.?Determination of nonresponsibility.(a)Any bidder who, despite being the apparent low bidder, is determined not to be a responsible bidder for a particular contract shall be notified in writing. Such notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within ten days by invoking appropriate administrative procedures, or in the alternative, by instituting legal action as provided in section 2-299. (b)If, upon appeal, it is determined that the decision of the purchasing agent was arbitrary or capricious, and the award of the contract in question has not been made, the sole relief shall be a finding that the bidder is a responsible bidder for the contract in question. If it is determined that the decision of the purchasing agent was arbitrary or capricious, the relief shall be as set forth in subsection 2-294(b). (c)A bidder contesting a determination that he is not a responsible bidder for a particular contract shall proceed under this section and may not protest the award or proposed award under section 2-294. (d)Nothing contained in this section shall be construed to require the town, when procuring by competitive negotiation, to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. (Code 1984, § 2-623)State law reference(s)—Determination of nonresponsibility, Code of Virginia, § 2.2-4359. Sec. 2-294.?Protest of award or decision to award.(a)Any bidder or offeror may protest the award or decision to award a contract by submitting such protest in writing to the town manager no later than ten days after the award or the announcement of the decision to award, whichever occurs first. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The town manager shall issue a decision in writing within ten days, stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within ten days of the written decision by invoking appropriate administrative procedures, or in the alternative by instituting legal action as provided in section 2-299. (b)If prior to an award it is determined that the decision to award is arbitrary or capricious, the sole relief shall be a finding to that effect. The purchasing agent shall cancel the award. If it is determined that an award of a contract was arbitrary and capricious, the sole relief shall be as provided in this section. Where the award has been made but performance has not begun, the performance of the contract may be enjoined. Where the award has been made and performance has begun, the town manager or council may declare the contract void upon a finding that this action is in the best interest of the public. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits. (c)Where the council determines, after a hearing held following reasonable notice to all bidders, that there is probable cause to believe that the decision to award was based on fraud or corruption or on an act in violation of division 8 of this article on ethics in public contracting, the council may enjoin the award of the contract to a particular bidder. (Code 1984, § 2-624)State law reference(s)—Protest of award or decision to award, Code of Virginia, § 2.2-4360. Sec. 2-295.?Effect of appeal upon contract.Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this article shall not be affected by the fact that a protest or appeal has been filed. (Code 1984, § 2-625)State law reference(s)—Effect of appeal upon contract, Code of Virginia, § 2.2-4361. Sec. 2-296.?Stay of award during protest.An award need not be delayed for the period allowed a bidder or offeror to protest; but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire. (Code 1984, § 2-626)State law reference(s)—Stay of award during protest, Code of Virginia, § 2.2-4362. Sec. 2-297.?Contractual disputes.(a)Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence or beginning the work upon which the claim is based. Nothing in this section shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment. (b)A procedure for consideration of contractual claims shall be included in each contract. Such procedure, which may be incorporated into the contract by reference, shall establish a time limit for a final decision in writing by the designated official. (c)A contractor may not invoke appropriate administrative procedures or institute legal action as provided in section 2-299, prior to receipt of the decision on the claim, unless the designated official fails to render such decision within the time specified in the contract. (d)The decision of the designated official shall be final and conclusive unless the contractor appeals within six months of the date of the final decision on the claim by the designated official by invoking appropriate administrative procedures, or in the alternative, by instituting legal action as provided in section 2-299. (Code 1984, § 2-627)State law reference(s)—Contractual disputes, Code of Virginia, § 2.2-4363. Sec. 2-298.?Administrative appeal procedures.(a)Administrative procedures shall provide for a hearing before a disinterested person or panel, the opportunity to present pertinent information and the issuance of a written decision containing findings of fact. The findings of fact shall be final and conclusive and shall not be set aside unless the findings of fact are fraudulent or arbitrary or capricious, or so grossly erroneous as to imply bad faith. No determination of an issue of law shall be final if appropriate legal action is instituted in a timely manner. (b)Any party to the administrative procedure, including the town, shall be entitled to institute judicial review if such action is brought within 30 days of receipt of the written decision. (Code 1984, § 2-628)State law reference(s)—Administrative appeals, Code of Virginia, § 2.2-4365. Sec. 2-299.?Legal actions.(a)A bidder or offeror, actual or prospective, who is refused permission or disqualified from participating in bidding or competitive negotiation, or who is determined not to be a responsible bidder or offeror for a particular contract, may bring an action in the appropriate circuit court challenging that decision, which shall be reversed only if the petitioner establishes that the decision was arbitrary or capricious. (b)A bidder denied withdrawal of a bid under section 2-292 may bring an action in the appropriate circuit court challenging that decision, which shall be reversed only if the bidder establishes that the decision of the town was clearly erroneous. (c)A bidder, offeror or contractor may bring an action in the appropriate circuit court challenging a proposed award or the award of a contract, which shall be reversed only if the petitioner establishes that the proposed award or the award is not an honest exercise of discretion, but rather is arbitrary or capricious or not in accordance with the state constitution, statutes and regulations, or the terms and conditions of the invitation to bid or request for proposal. (d)If injunctive relief is granted, the court, upon request of the town, shall require the posting of reasonable security to protect the town. (e)A contractor may bring an action involving a contract dispute with the town in the appropriate circuit court. (f)A bidder, offeror or contractor need not utilize appropriate administrative procedures under this article; but if those procedures are invoked by the bidder, offeror or contractor, the procedures shall be exhausted prior to instituting legal action concerning the same procurement transaction unless the council agrees otherwise. (g)Nothing in this section shall be construed to prevent the town from instituting legal action against a contractor. (Code 1984, § 2-629)State law reference(s)—Legal actions, Code of Virginia, § 2.2-4364. Secs. 2-300—2-320.?Reserved.DIVISION 7.?ASSISTANCE TO SMALL AND DISADVANTAGED BUSINESSESSec. 2-321.?Establishment of programs to expand participation.The purchasing agent may establish programs consistent with all provisions of this article to facilitate the participation of small businesses and businesses owned by women and minorities in procurement transactions. Such programs shall be in writing, and shall include cooperation with the state department of minority business enterprise, the United States Small Business Administration, and other public or private agencies. (Code 1984, § 2-641)State law reference(s)—Authority to establish, Code of Virginia, § 2.2-4310(B). Sec. 2-322.?Discrimination prohibited.(a)In the solicitation or awarding of contracts, the town shall not discriminate against a bidder or offeror because of race, religion, color, sex, national origin, age, disability or any other basis prohibited by state law relating to discrimination in employment. (b)Whenever solicitations are made, the town shall include businesses selected from a list made available by the state department of minority business enterprise. (Code 1984, § 2-642)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4310(A). Secs. 2-323—2-340.?Reserved.DIVISION 8.?ETHICS IN PUBLIC CONTRACTINGSec. 2-341.?Purpose.The provisions of this division supplement but do not supersede other provisions of law, including but not limited to the Virginia Conflict of Interests Act, Code of Virginia, § 2.2-3100 et seq., the Virginia Governmental Frauds Act, Code of Virginia, §§ 18.2-438 et seq., § 18.2-446 et seq. The provisions of this article apply notwithstanding the fact that the conduct described may not constitute a violation of the Virginia Conflict of Interests Act. (Code 1984, § 2-656)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4367. Sec. 2-342.?Definitions.The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Immediate family means a spouse, children, parents, brothers and sisters, and any other person living in the same household as the employee. Official responsibility means administrative or operating authority, whether intermediate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction, or any claim resulting therefrom. Pecuniary interest arising from the procurement means a personal interest in a contract as defined in the state and local government conflict of interests act, § Code of Virginia, 2.2-3100. Procurement transaction means all functions that pertain to the obtaining of any goods, services or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. Public employee means any person employed by the town council, including elected officials or appointed members of the town council. (Code 1984, § 2-657)Cross reference(s)—Definitions generally, § 1-2. State law reference(s)—Similar definitions, Code of Virginia, § 2.2-4368. Sec. 2-343.?Proscribed participation by public employees in procurement transactions.Except as may be specifically allowed by Code of Virginia, § 2.2-3112(A)(2) and (A)(3), no public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the town when the employee knows that: (1)The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction; (2)The employee, the employee's partner, or any member of the employee's immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent; (3)The employee, the employee's partner, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or (4)The employee, the employee's partner, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor. (Code 1984, § 2-658)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4369. Sec. 2-344.?Solicitation or acceptance of gifts.No public employee having official responsibility for a procurement transaction shall solicit, demand, accept or agree to accept from a bidder, offeror, contractor or subcontractor any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value is exchanged. The town may recover the value of anything conveyed in violation of this section. (Code 1984, § 2-659)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4371(A). Sec. 2-345.?Disclosure of subsequent employment.No public employee or former public employee having official responsibility for procurement transactions shall accept employment with any bidder, offeror or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one year from the cessation of employment by the town unless the employee, or former employee, provides written notification to the council prior to commencement of employment by that bidder, offeror or contractor. (Code 1984, § 2-660)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4370. Sec. 2-346.?Gifts by bidders, offerors, contractors or subcontractors.No bidder, offeror, contractor or subcontractor shall confer upon any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything for more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. (Code 1984, § 2-661)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4371(B). Sec. 2-347.?Kickbacks.(a)No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged. (b)No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section. (c)No person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract. (d)If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the town and will be recoverable from both the maker and recipient. Recovery from one offending party shall not preclude recovery from other offending parties. (Code 1984, § 2-662)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4372. Sec. 2-348.?Participation in bid preparation; limitation on submitting bid for same procurement.No person who, for compensation, prepares an invitation to bid or request for proposal for or on behalf of the town shall submit a bid or proposal for that procurement or any portion thereof or disclose to any bidder or offeror information concerning the procurement that is not available to the public. However, the town may permit such person to submit a bid or proposal for that procurement or any portion thereof if the town determines that the exclusion of the person would limit the number of potential qualified bidders or offerors in a manner contrary to the best interests of the town. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4373. Sec. 2-349.?Purchase of building materials, etc., from architect or engineer prohibited.Except in cases of emergency, no building materials, supplies or equipment for any building or structure constructed by or for the town shall be sold by or purchased from any person employed as an independent contractor by the town to furnish architectural or engineering services, but not construction, for such building or structure, or from any partnership, association or corporation in which such architect or engineer has a pecuniary interest. (Code 1984, § 2-663)State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4374. Sec. 2-350.?Certification of compliance required; penalty for false statements.(a)The town council may require public employees having official responsibility for procurement transactions in which they participated to annually submit for such transactions a written certification that they complied with the provisions of this article. (b)Any public employee required to submit a certification as provided in subsection (a) of this section who knowingly makes a false statement in the certification shall be punished as provided in section 2-352. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4375. Sec. 2-351.?Misrepresentations prohibited.No public employee having official responsibility for a procurement transaction shall knowingly falsify, conceal, or misrepresent a material fact; knowingly make any false, fictitious or fraudulent statements or representations; or make or use any false writing or document knowing it to contain any false, fictitious or fraudulent statement or entry. State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4376. Sec. 2-352.?Penalty for violation.Willful violation of any provision of this division shall constitute a Class 1 misdemeanor. Upon conviction, any public employee, in addition to any other fine or penalty provided by law, shall forfeit his employment. (Code 1984, § 2-664)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 2.2-4377. Secs. 2-353—2-499.?Reserved.ARTICLE VI.?UNCLAIMED PERSONAL PROPERTYSec. 2-500.?Purpose.The purpose of this article and the sections therein is to provide the police department of the Town of Bluefield with a lawful means of disposing of unclaimed personal property. (Ord. of 8-9-2016)Sec. 2-501.?Authority.This article and the sections therein are adopted pursuant to sections Code of Virginia, §§ 15.2-1719, 15.2-1720, and 15.2-1721, as amended. (Ord. of 8-9-2016)Sec. 2-502.?Repeal.Any ordinance of the Town of Bluefield that is in conflict with this article and the sections therein is hereby repealed to the extent of the conflict. (Ord. of 8-9-2016)Sec. 2-503.?Definitions.Bluefield Police Department means the Police Department of the Town of Bluefield. Unclaimed personal property means any personal property belonging to another, which has been acquired by a law-enforcement officer pursuant to his or her duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner, and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Code of Virginia, § 55-210.1 et seq., as amended). Unclaimed firearms and other weapons means any firearm or other weapon belonging to another, which has been acquired by a law-enforcement officer pursuant to his or her duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner, and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Code of Virginia, § 55-210.1 et seq., as amended). (Ord. of 8-9-2016)Sec. 2-504.?Disposal of unclaimed personal property generally.Unclaimed personal property which has been in the possession of the Bluefield Police Department and unclaimed for a period of time greater than 60 days may be disposed of by public sale or by being retained for use by the Bluefield Police Department. Unclaimed personal property retained for use by the Bluefield Police Department shall become the property of the Town of Bluefield, and shall be retained only if, in the opinion of the chief of police of the Bluefield Police Department, there is a legitimate use for the property by the Bluefield Police Department, and retaining the property is a more economical alternative than purchase of a similar or equivalent item. Unclaimed firearms may also be disposed of as provided in section 2-508 of this article. Unclaimed bicycles and mopeds may also be disposed of as provided in section 2-509 of this article. (Ord. of 8-9-2016)Sec. 2-505.?Notice.Prior to the public sale or retention for use of any unclaimed personal property, the chief of police of the Bluefield Police Department, or his or her duly authorized agents, shall make reasonable attempts to notify the rightful owner of the property, obtain a written statement from the commonwealth's attorney advising the item is not needed in any criminal prosecution, and cause to be published in a newspaper of general circulation within the corporate limits of the Town of Bluefield, once a week for two successive weeks, notice that there will be a public display and public sale of unclaimed personal property. All the unclaimed personal property, including the property selected for retention, shall be described generally in the notice, together with the date, time, and place of the public sale, and shall be made available for public viewing at the public sale. If there is a license, tag, or adhesive license decal affixed to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped, then the record owner shall also be notified directly. (Ord. of 8-9-2016)Sec. 2-506.?Distribution of proceeds.The chief of police of the Bluefield Police Department, or his or her duly authorized agents, shall pay from the proceeds of the public sale the costs of advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. No storage fee shall be charged or accounted for if the property has been stored by the Bluefield Police Department and is to be retained thereby for use. The balance of the funds from the public sale shall be held by the chief of police of the Bluefield Police Department, or his or her duly authorized agents, for the owner and paid to the owner upon satisfactory proof of ownership. If no claim has been made by the owner for the property or proceeds thereof within 60 days of the public sale, then the remaining funds shall be deposited in the general fund of the Town of Bluefield and the property retained for use by the Bluefield Police Department may be placed into use. (Ord. of 8-9-2016)Sec. 2-507.?Remedy and limitation of claims.Any owner shall be entitled to apply to the Town of Bluefield within three years from the date of the public sale and, if timely application is made and satisfactory proof of ownership of the funds or property is shown, the Town of Bluefield shall pay the remaining proceeds from the public sale or return the property to the owner without interest or other charges or compensation. No claim shall be made nor any suit, action, or proceeding be instituted for the recovery of funds or property after three years from the date of the public sale. (Ord. of 8-9-2016)Sec. 2-508.?Disposal of unclaimed firearms and other weapons.The Town of Bluefield may destroy unclaimed firearms and other weapons which have been in the possession of the Bluefield Police Department and unclaimed for a period of time greater than 120 days. At the discretion of the chief of police of the Bluefield Police Department, or his or her duly authorized agents, unclaimed firearms and other weapons may be destroyed by any means which renders the unclaimed firearms and other weapons permanently inoperable. In lieu of destroying an unclaimed firearm, the Town of Bluefield may dispose of an unclaimed firearm by donating it to the Virginia Department of Forensic Science if the Virginia Department of Forensic Science agrees to the donation. Prior to the disposal of any unclaimed firearms and other weapons pursuant to this section, the chief of police of the Bluefield Police Department, or his or her duly authorized agents, shall make reasonable attempts to notify the rightful owner of the property, obtain a written statement from the commonwealth's attorney advising the item is not needed in any criminal prosecution, and publish the location and general description of the unclaimed firearms and other weapons at least once a week for two successive weeks in a newspaper of general circulation within the corporate limits of the Town of Bluefield. (Ord. of 8-9-2016)Sec. 2-509.?Disposal of unclaimed bicycles, mopeds, and similar devices.Any bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped which has been in the possession of the Bluefield Police Department and unclaimed for a period of time greater than 30 days may be disposed of by being donated to a charitable organization. Any bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped found and delivered to the Bluefield Police Department by a private person that thereafter remains unclaimed for 30 days after the final date of the publication required by this section may be disposed of by being given to the finder. Prior to the disposal of any bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped pursuant to this section, the chief of police of the Bluefield Police Department, or his or her duly authorized agents, shall make reasonable attempts to notify the rightful owner of the property, obtain a written statement from the commonwealth's attorney advising the item is not needed in any criminal prosecution, and publish the location and general description of the bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped at least once a week for two successive weeks in a newspaper of general circulation within the corporate limits of the Town of Bluefield. If there is a license, tag, or adhesive license decal affixed to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped, then the record owner shall also be notified directly. (Ord. of 8-9-2016)Sec. 2-510.?Unclaimed personal property of no monetary value.Unclaimed personal property of no monetary value, as determined by the chief of police of the Bluefield Police Department, which cannot be sold, destroyed, or otherwise disposed of pursuant to the applicable provisions of this article or the Code of Virginia as amended, may, with the prior written approval of the commonwealth's attorney, be destroyed by the Bluefield Police Department after 30 days of the date such property came into possession of the Bluefield Police Department. This section shall only be utilized upon the failure of the rightful owner, if any, to claim such property from the Bluefield Police Department within the stated timeframe. (Ord. of 3-27-2018(2))Secs. 2-511—2-530.?Reserved.ARTICLE VII.?SPECIAL EVENTSSec. 2-531.?Purpose.The purpose of this article is to provide a means of reasonably regulating certain public and private events within the corporate limits of the Town of Bluefield in order to preserve the health, safety, welfare, and peace of the citizens of the Town of Bluefield. (Ord. of 11-28-2018(2))Sec. 2-532.?Authority.This article is adopted pursuant to the authority described in Code of Virginia, § 15.2-1700, as amended. (Ord. of 11-28-2018(2))Sec. 2-533.?Definitions.Building official, when used in this article, means the Building Official of the Town of Bluefield. Fire chief, when used in this article, means the Fire Chief of the Town of Bluefield. Police chief, when used in this article, means the Police Chief of the Town of Bluefield. Special event, when used in this article, means any event that is open to or in plain view of the general public, reasonably expected to involve the presence of 50 or more persons, and conducted within the corporate limits of the Town of Bluefield for the purpose of entertainment, celebration, competition, cultural recognition, assembly, or freedom of speech. A special event shall be deemed to include, but not be limited to, circuses, carnivals, races, parades, marches, festivals, demonstrations, celebrations, performances, dances, and tailgates. Town clerk, when used in this article, means the Town Clerk of the Town of Bluefield. Town council, when used in this article, means the Council of the Town of Bluefield, Virginia. Town manager, when used in this article, means the Town Manager of the Town of Bluefield. Treasurer, when used in this article, means the Treasurer of the Town of Bluefield. Zoning administrator, when used in this article, means the Zoning Administrator of the Town of Bluefield. (Ord. of 11-28-2018(2))Sec. 2-534.?Permit required; penalty.A special event permit from the Town of Bluefield shall be required for a special event to be conducted within the corporate limits of the Town of Bluefield. It shall be unlawful for any person, authority, entity, group, or organization to conduct a special event without having first obtained a valid special event permit from the Town of Bluefield. A violation of this section shall constitute a Class 2 misdemeanor. (Ord. of 11-28-2018(2))Sec. 2-535.?Application for a special event permit; certification by applicant.Any person, authority, entity, group, or organization desiring to obtain a special event permit from the Town of Bluefield shall apply in writing to the Town of Bluefield, pay a $20.00 application fee to the Town of Bluefield, and where requested, submit a special event plan for approval as described under section 2-536 of this article. All applications requesting the issuance of a special event permit from the Town of Bluefield shall be filed with the town clerk at least 30 days before the proposed date(s) of the special event. Such applications shall include, in addition to any other information requested, the name and contact information of the applicant, the sponsorship of the special event, the proposed location(s), date(s), and time(s) of the special event, whether alcohol will be allowed or served at the special event, proof of permission to use the property where the special event will be located, the number of expected attendees at the special event, and proof of adequate insurance coverage. All applicants seeking the issuance of a special event permit from the Town of Bluefield shall certify that the special event proposed and its accompanying activities shall be in compliance with all applicable laws and regulations. (Ord. of 11-28-2018(2))Sec. 2-536.?Special event plan.The town manager may require a special event plan accompany an application requesting the issuance of a special event permit from the Town of Bluefield. Such plan shall account for the provision of medical and emergency services, firefighting services, police and security services, crowd and traffic control services, parking, road/sidewalk/park usage and closures, lighting, food and water, noise control, and sanitation facilities and receptacles at a special event. All special event plans shall be in writing, and approved by the police chief, fire chief, building official, zoning administrator, and town manager prior to a special event permit being issued from the Town of Bluefield. The town manager may request modifications to a special event plan prior to its approval. (Ord. of 11-28-2018(2))Sec. 2-537.?Issuance of a special event permit; denial.The town manager shall issue a special event permit on behalf of the Town of Bluefield within 15 days of the application for such permit being approved. A special event permit issued from the Town of Bluefield shall only be valid for a single special event occurring on a specified date or on multiple specified dates. The issuance of a special event permit from the Town of Bluefield may be denied by the town manager in the event of the following: (1)An applicant fails to entirely and/or truthfully complete an application requesting the issuance of a special event permit; or (2)An applicant fails to modify a proposed special event plan as requested. In the event the issuance of a special event permit from the Town of Bluefield is denied, then the town manager shall, within ten days of making the decision to deny the issuance of such permit, provide a written notice of denial to the applicant stating the reason(s) for such denial. (Ord. of 11-28-2018(2))Sec. 2-538.?Appeal.An applicant who has been denied the issuance of a special event permit from the Town of Bluefield may appeal the denial to the town council. In order to perfect such appeal, the applicant shall provide a notice of appeal to the town clerk within ten days of his/her receipt of the notice of denial. Failure to provide a notice of appeal to the town clerk within the stated time frame shall constitute an absolute waiver to the right of appeal granted by this section. An applicant who duly perfects an appeal under this section shall be heard before the town council at their regular meeting which immediately follows the date the notice of appeal was received by the town clerk. After hearing the appeal, the town council shall, by recorded roll call vote, determine whether the decision to deny the issuance of the applicant's special event permit was erroneous. In the event the town council determines the decision to deny the issuance of the applicant's special event permit was not erroneous, then such determination shall be final. In the event the town council determines the decision to deny the issuance of the applicant's special event permit was erroneous, then the town manager shall issue the requested special event permit on behalf of the Town of Bluefield within ten days of such determination. (Ord. of 11-28-2018(2))Sec. 2-539.?Cancellation of special events by police chief.The police chief may cause a special event to desist in the event there is a clear and present danger of a riot or if there is an imminent threat to public safety or public order. (Ord. of 11-28-2018(2))Sec. 2-540.?Monetary deposits and surety bonds.As a condition to the issuance of a special event permit from the Town of Bluefield, the town manager may require an applicant deposit sufficient funds with the treasurer to pay the cost of municipal services necessary to meet the requirements of a special event plan. The actual cost of such services shall be paid to the general fund of the Town of Bluefield out of the deposit, and the difference, if any, shall be refunded to the applicant within ten business days of the conclusion of the special event. Alternatively, as a condition to the issuance of a special event permit from the Town of Bluefield, the town manager may require the applicant deposit a surety bond with the treasurer in an amount necessary to insure against an applicant's failure to adhere to the requirements of a special event plan. (Ord. of 11-28-2018(2))Sec. 2-541.?Exempt events.A special event conducted by a public school system, an educational institution, a local government, or an organization whose primary purpose is for religious worship shall be exempt from the permitting requirements of this article when such special event occurs exclusively on property not owned or maintained by the Town of Bluefield. (Ord. of 11-28-2018(2))Sec. 2-542.?Severability.If any section, provision, or portion of this article is held to be invalid by a court of competent jurisdiction, then that decision shall in no way affect the remaining sections, provisions, or portions of this article. The invalid section, provision, or portion thereof shall be severable. (Ord. of 11-28-2018(2))Secs. 2-543—2-580.?Reserved.Chapter 4?COMMUNITY DEVELOPMENTARTICLE I.?INDUSTRIAL DEVELOPMENT AUTHORITYSec. 4-1.?Industrial development authority established.An industrial development authority is hereby established pursuant to Code of Virginia, § 15.2-4900 et seq., as amended. The industrial development authority shall be a political subdivision of the Commonwealth of Virginia, and shall have all the rights, powers, and privileges permitted under the Code of Virginia as amended and other applicable law. (Ord. of 11-27-2018(1))Sec. 4-2.?Official name of the industrial development authority.The official name of the industrial development authority shall be the "Industrial Development Authority of the Town of Bluefield, Virginia." (Ord. of 11-27-2018(1))Sec. 4-3.?Board of directors of the industrial development authority.The industrial development authority shall be governed by a board of directors in which all powers of the industrial development authority shall be vested. The board of directors shall be composed of seven directors appointed by the town council. The seven directors shall be appointed initially for terms of one, two, three, and four years; two being appointed for one-year terms; two being appointed for two-year terms; two being appointed for three-year terms and one being appointed for a four-year term. Subsequent appointments shall be for terms of four years, except appointments to fill vacancies which shall be for the unexpired terms. All terms of office shall be deemed to commence upon the date of the initial appointment to the industrial development authority, and thereafter, in accordance with the provisions of the immediately preceding sentence. If at the end of any term of office of any director a successor thereto has not been appointed, then the director whose term of office has expired shall continue to hold office until his successor is appointed and qualified. Each director shall, upon appointment or reappointment to the industrial development authority, take and subscribe the oath prescribed by Code of Virginia, § 49-1, as amended, before entering upon his duties. (Ord. of 11-27-2018(1))Sec. 4-4.?Qualifications of the board of directors.Every director of the industrial development authority shall, at the time of their appointment and thereafter, reside within the corporate limits of the town. Additionally, no director of the industrial development authority shall be an officer or employee of the town. (Ord. of 11-27-2018(1))Sec. 4-5.?Officers of the industrial development authority.The board of directors of the industrial development authority shall elect from their membership a chairman, a vice-chairman, and from their membership or not, as they desire, a secretary and a treasurer, or a secretary-treasurer. These officers shall hold their office for the term of one year and until their successors have been elected or chosen and assumed office. The chairman of the industrial development authority shall: (1)Preside over all meetings; (2)Rule on issues of parliamentary procedure; (3)Maintain and ensure order at meetings; and (4)Execute all resolutions, contracts, bonds, notes, deeds, conveyances, recommendations, approvals, minutes, letters, and other documents on behalf of the industrial development authority. The vice-chairman of the industrial development authority shall act as the chairman of the industrial development authority in the absence or inability of the chairman. The secretary of the industrial development authority shall: (1)Establish an order of business or agenda for meetings; (2)Notify the directors and the general public of meetings; (3)Keep a written record of minutes; (4)Keep a written record of official documents and records; (5)Keep a written record of those speaking at meetings; and (6)Certify all records executed by the chairman. The treasurer of the industrial development authority shall be responsible for the keeping of suitable records of all financial transactions of the industrial development authority. Such records shall be audited annually and a copy of such audit shall be sent to the town council and the town manager of the town. The treasurer shall perform all duties incident to his/her office, and perform any other duties assigned by the industrial development authority. (Ord. of 11-27-2018(1))Sec. 4-6.?Meetings of the industrial development authority.Four directors of the industrial development authority shall be considered a quorum for the purpose of conducting business. All directors of the industrial development authority shall be entitled to one vote, and a minimum of four votes must be cast to carry any measure. All meetings and minutes of the industrial development authority shall be open to the public, and any citizen may have access to the records thereof at a reasonable time; however, the board of directors of the industrial development authority may convene an executive session to consider matters of lawful subject. The board of directors of the industrial development authority shall, by resolution, establish a yearly schedule of its regular meetings. Special meetings of the industrial development authority may be called at any time by the chairman, or in his absence, by the vice-chairman upon a written request of at least four directors of the industrial development authority. Written notice stating the place, date, hour, and purpose of the special meeting shall be given not less than five days, nor more than 20 days, before the date of the meeting, either personally delivered or by mail, to each director of the industrial development authority. Notice of a special meeting may be waived by the directors of the industrial development authority. (Ord. of 11-27-2018(1))Sec. 4-7.?Compensation of the board of directors.The board of directors of the industrial development authority shall receive no salary, but may be compensated in an amount approved by the town council for each meeting. The board of directors of the industrial development authority shall be reimbursed for any necessary expenses incurred during the performance of their duties. (Ord. of 11-27-2018(1))Sec. 4-8.?Funds of the industrial development authority may be handled by town.If authorized by resolution of the board of directors of the industrial development authority, the town may handle the funds of the industrial development authority. In the event the town handles the funds of the industrial development authority, the town shall ensure such funds are placed into accounts which are separate from those of the town, and may impose any safeguards necessary to protect the funds and accounts of the town. In the event the town handles the funds of the industrial development authority, all checks drawn on funds of the industrial development authority shall bear the signature of the treasurer of the town, the treasurer of the industrial development authority, and the signature of the chairman or vice-chairman of the industrial development authority. In the event the town does not handle the funds of the industrial development authority, all checks drawn on funds of the industrial development authority shall bear the signature of the treasurer of the industrial development authority, and the signature of the chairman or vice-chairman of the industrial development authority. In the event the town handles the funds of the industrial development authority, all cash deposits made on behalf of the industrial development authority shall be done by the treasurer of the town, the secretary of the industrial development authority, or the treasurer of the industrial development authority. In the event the town does not handle the funds of the industrial development authority, all cash deposits made on behalf of the industrial development authority shall be done by the secretary of the industrial development authority or the treasurer of the industrial development authority. (Ord. of 11-27-2018(1))Sec. 4-9.?Severability.If any section, provision, or portion of this article is held to be invalid by a court of competent jurisdiction, then that decision shall in no way affect the remaining sections, provisions, or portions of this article. The invalid section, provision, or portion thereof shall be severable. (Ord. of 11-27-2018(1))Secs. 4-10—4-99.?Reserved.ARTICLE II.?TAZEWELL COUNTY JOINT ECONOMIC DEVELOPMENT AUTHORITYSec. 4-100.?Established.The Town of Bluefield, Virginia creates an economic development authority jointly with Tazewell County, Virginia and the Town of Richlands, Virginia pursuant to Code of Virginia, § 15.2-4916, for the establishment and operation of an economic development authority in accordance with the provisions set out in this section, creating the economic development authority of the County of Tazewell of Virginia, adopted on the 8th day of September, 2008 by the Tazewell County Board of Supervisors. (Ord. of 9-8-2008)Secs. 4-101—4-149.?Reserved.ARTICLE III.?TOWN OF BLUEFIELD ENTERPRISE ZONE ORDINANCESec. 4-150.?Purpose.The purpose of this article is to stimulate business and industrial growth within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone by authorizing the Industrial Development Authority of the Town of Bluefield, Virginia to offer the economic incentives set forth in this article. (Ord. of 4-26-2016)Sec. 4-151.?Authority.The Tazewell County Enterprise Zone, located in Tazewell County, Virginia, was established pursuant to the Virginia Enterprise Zone Act and Code of Virginia §§ 59.1-270 et seq., 59.1-538 et seq., 58.1-3220, 58.1-3221, as amended. (Ord. of 4-26-2016)Sec. 4-152.?Boundaries of the Tazewell County Enterprise Zone for the Town of Bluefield.The boundaries of the Tazewell County Enterprise Zone include portions of the Town of Bluefield. The map entitled "Tazewell County Enterprise Zone (Bluefield Area)," as it relates to the Town of Bluefield, is incorporated herein by reference, and is on file with the Office of the County Administrator of Tazewell County, Virginia at 108 East Main Street, Tazewell, Virginia. The acreage shown on the said map, designated as an enterprise zone, was declared an enterprise zone on January 1, 2016, by the Governor of the Commonwealth of Virginia for a period of ten years in accordance with the Virginia Enterprise Zone Act. (Ord. of 4-26-2016)Sec. 4-153.?Definitions.The following definitions shall apply to this article. Applicant means business firm that applies for an economic incentive set forth in this article. BIDA means the Industrial Development Authority of the Town of Bluefield, Virginia. Business firm means any corporation, or corporations electing small business (subchapter S) corporation designation by the Internal Revenue Service, partnership, limited liability company, or sole proprietorship, authorized to do business in the Commonwealth of Virginia, subject to taxation as a for profit enterprise, and subject to state and local taxation as permitted by the Code of Virginia. However, business firm shall not include businesses or organizations which are exempt from state income tax on all income except unrelated business taxable income as defined in the Federal Internal Revenue Code, sections 512 or 501C; nor does it include homeowners associations as defined in Federal Internal Revenue Code, section 528. Equivalent employment or equivalent job means a person or persons employed by a business firm for at least 40 hours per week at an hourly wage or salaried equivalent. A single equivalent job may mean one employed individual, or multiple employed individuals, whose aggregate hours of employment, at the required wage or salaried equivalent, equals at least 40 hours per week. The Council of the Town of Bluefield, Virginia may modify the meaning of equivalent employment or equivalent job by requiring a minimum hourly wage or salaried equivalent. Until such designation is made, the required hourly wage shall be the federal minimum wage. Existing business firm means a business firm operating or located within Tazewell County, Virginia on January 1, 2016, or more than 12 months prior to applying for an economic incentive set forth in this article. A business firm which retains substantially the same ownership and which operated or was located within Tazewell County, Virginia on January 1, 2016, shall be considered an existing business firm, even if the name of the business firm has changed. Mixed use means a building used for both commercial/office/industrial use and residential use and at least 30 percent of the total usable floor space is used for the commercial/office/industrial operations of a business firm. New business firm means a business firm operating within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone after January 1, 2016, that had no prior business location within Tazewell County, Virginia. Qualified business firm means a business firm that (1) has applied for an economic incentive set forth in this article; (2) meets either of the following employment criteria: (a) is a new business firm that employs five new equivalent jobs more than the business firm employed at the time the business firm applied for an economic incentive set forth in this article or (b) an existing business firm that expands its existing operations to a location within the Tazewell County Enterprise Zone and the corporate limits of the Town of Bluefield and maintains its employment levels equal to the number of equivalent jobs employed by the business firm at the time the business firm applied for an economic incentive set forth in this article; and (3) meets either of the following investment criteria: (a) the business firm has invested at least $25,000.00 in improvements to real property located in the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone including, but not limited to, new construction, renovation, rehabilitation, or expansion of a taxable structure, which serve to facilitate the business operations of the business firm or (b) the business firm has invested at least $25,000.00 in purchasing machinery, tools, and business personal property not previously assessed by the Commissioner of Revenue for Tazewell County, Virginia, which will be located within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone, and will further serve to facilitate the business operations of the business firm within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone. Qualifying improvement means the improvements to real property made by a business firm which constitutes the basis of a business firm qualifying for an economic incentive set forth in this article. For purposes of calculating a real estate grant, such improvements shall be funds expended by the business firm externally for labor or materials to construct, demolish, renovate, or add to real property. No more than 50 percent of expenditures considered a qualifying improvement may be payments to persons or business firms affiliated with or a subsidiary of the applicant business firm; expenditures made to such affiliated persons or subsidiary business firms must be reasonable. Qualifying investment means the investments in machines, tools, or other taxable business personal property made by a business firm which constitutes the basis of a business firm qualifying for an economic incentive set forth in this article. No more than 50 percent of expenditures considered a qualifying investment may be payments to persons or business firms affiliated with or a subsidiary of the applicant business firm; expenditures made to such affiliated persons or subsidiary business firms must be reasonable. (Ord. of 4-26-2016)Sec. 4-154.?Authorized by the Council of the Town of Bluefield, Virginia.The Council of the Town of Bluefield, Virginia authorizes the BIDA to participate in the Tazewell County Enterprise Zone by offering the economic incentives set forth in this article. (Ord. of 4-26-2016)Sec. 4-155.?Procedures to be developed.The BIDA shall develop procedures and documents to ensure a fair and lawful process for those who apply for an economic incentive set forth in this article. The BIDA shall develop procedures and documents to ensure the lawful handling, calculating, accounting, and disbursement of money associated with the award of an economic incentive set forth in this article. The BIDA shall develop procedures and documents to ensure continued compliance for those who receive an economic incentive set forth in this article. In the event there is a failure to maintain compliance with the requirements of an economic incentive set forth in this article, then the receipt thereof shall be terminated unless otherwise authorized by this article. Unless otherwise authorized by this article, the BIDA shall exercise no discretion in awarding a qualified business firm an economic incentive set forth in this article when the applicable requirements have been satisfied. (Ord. of 4-26-2016)Sec. 4-156.?The rehabilitated real estate tax exemption.(a)Definition. The rehabilitated real estate tax exemption, hereinafter referred to as the "RRETE," is a three-year partial exemption from taxation on the increase in the assessed value of rehabilitated real estate, as authorized by Code of Virginia, § 58.1-3221, as amended, and, for the residential portion of any mixed use building, pursuant to Code of Virginia, § 58.1-3220, as amended. (b)Incentive. The incentive under the RRETE is 80 percent of the increase in the assessed value of rehabilitated real estate, resulting from the qualifying improvement, shall be exempted from taxation in the first tax year following the completion of the qualifying improvement, 60 percent in the second tax year, and 40 percent in the third tax year. The RRETE shall expire after three tax years. (c)Qualifications for the RRETE. The following factors are the requirements necessary for a business firm to qualify for and receive the RRETE: (1)To be eligible for the RRETE, the subject property shall: a.Be at least 15 years old; b.Be located within the Tazewell County Enterprise Zone; c.Be located within the corporate limits of the Town of Bluefield; and d.Be dedicated to commercial, industrial, or mixed use. (2)To be eligible for the RRETE, the assessed value of the subject property after the completion of the qualifying improvement must equal or exceed 125 percent of the assessed value of the subject property prior to the commencement of the qualifying improvement. (3)An applicant for the RRETE shall not be eligible for the RRETE if the applicant, or a legal entity under the control of the applicant, or an immediate family member of the applicant, as defined in Code of Virginia, § 2.2-3101, as amended, or a tenant of the applicant is receiving, has received, or has applied for a real estate grant for the same qualifying improvement on the same property. (4)An applicant shall not be eligible for the RRETE if the applicant is delinquent on any tax or fee levied by Tazewell County, Virginia or any incorporated town within Tazewell County, Virginia. (5)Increased assessments resulting from rebuilding or repair after a flood, fire, or natural disaster shall not be considered a qualifying improvement for purposes of the RRETE. (6)To receive the RRETE, a business firm shall apply to the BIDA prior to performing any demolition, addition, or rehabilitation that amounts to a qualifying improvement upon the subject property. (d)Qualification process for the RRETE.(1)The BIDA shall evaluate all applications for the RRETE. Upon finding that an applicant is eligible, the BIDA shall approve the application. Upon approval of an application, the BIDA shall issue a notice of qualification to the applicant. (2)Within 12 months of completion of the qualifying improvement, the qualified business firm shall present a copy of the notice of qualification from the BIDA to the Commissioner of Revenue of Tazewell County, Virginia and the Treasurer of the Town of Bluefield. If the said commissioner and the said treasurer are both satisfied the requirements of this article have been met and that the applicant was approved by the BIDA, then the said commissioner, pursuant to Code of Virginia, §§ 58.1-3221 and 58.1-3220, as amended, shall apply the RRETE, starting with the first tax year after approval. (Ord. of 4-26-2016)Sec. 4-157.?Local property tax grants.(a)Real estate grant. A qualified business firm shall receive a real estate grant, hereinafter referred to as a "REG," from the BIDA equal to 25 percent of the increase in real property taxes paid to the Town of Bluefield by the qualified business firm by reason of an increase in tax liability from a qualifying improvement made to real property located within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone and owned by the qualified business firm. The value of the qualifying improvement shall be the increase in tax liability upon the subject property, resulting from the qualifying improvement, as determined by the Commissioner of Revenue of Tazewell County, Virginia so long as the Treasurer of the Town of Bluefield concurs. A qualified business firm may receive a REG for a maximum of three tax years. (b)Tangible personal property grant. A qualified business firm shall receive a tangible personal property grant, hereinafter referred to as a "TPPG," from the BIDA equal to 25 percent of the increase in local machinery, tool, and business personal property taxes paid to the Town of Bluefield by the qualified business firm by reason of an increase in tax liability from the qualifying investment made upon machinery, tools, and business personal property located within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone and owned by the qualified business firm. The value of the qualifying investment shall be the amount reflected on the qualified business firm's machine, tools, and business personal property tax return filed with the Commissioner of Revenue of Tazewell County, Virginia so long as the Treasurer of the Town of Bluefield concurs. A qualified business firm may receive a TPPG for a maximum of three tax years. (c)The REG and TPPG enhancements. The amount of a REG and/or a TPPG may be enhanced to 50 percent of the tax liability increase if any one of the following circumstances exists: (1)The qualifying investment and/or qualifying improvement of the business firm is being undertaken to diversify its product or customer base as determined at the sole discretion of the BIDA. Diversification shall mean at least 50 percent of the qualifying investment and/or qualifying improvement expands the business firm's capacity to produce a product for an industry sector which constitutes less than 25 percent of the business firm's current customer base or to serve customers in an industry sector which constitutes less than 25 percent of the business firm's current customer base. (2)The business firm is technology-driven as determined at the sole discretion of the BIDA. A technology-driven business firm develops advanced technology or employs advanced technology integral to the production process, whether of information or physical goods. Technology-driven business firms include, but are not limited to, business firms in advanced manufacturing, agro-tech, clean energy and clean energy equipment research and production, computer and computer device manufacturing, data centers, information processing, information technology, medical device manufacturing, research and development, pharmaceutical manufacturing, scientific instrument manufacturing, software development, and telemarketing/teleservice centers. Technology-driven does not include using computers or office or medical equipment in the normal course of business or distributing, retailing, installing, or servicing technology equipment, unless a majority of customers are national or international. (3)The business firm supports tourism as determined at the sole discretion of the BIDA. A business firm supports tourism if their primary customers are tourists and include, but are not limited to, hotels, bed and breakfasts, timeshares, gift shops, arts and crafts stores, antique dealers, galleries, outdoor recreation retailers, outdoor recreation service providers, museums, tourist attractions, and restaurants offering unique fare. (d)Guidelines to be adopted. The BIDA shall adopt written guidelines for a REG and a TPPG for purposes of determining when a business firm is diversifying its product or customer base, technology-driven, and/or supporting tourism. (e)Requirements of a REG and a TPPG. The following factors are requirements for a business firm to be eligible for and receive a REG and/or a TPPG: (1)In order to qualify for and receive a REG, a business firm shall be located within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone. Additionally, the business firm shall make, or cause to be made, a minimum capital investment in real property of at least $25,000.00. Capital investment in real property is herein defined as funds expended externally for labor or materials to construct, demolish, renovate, or add to real property. Furthermore, a new business firm shall create a minimum of five new jobs within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone. Lastly, an existing business firm must retain the number of permanent full-time equivalent jobs located within Tazewell County, Virginia and the Tazewell County Enterprise Zone at the time of its application for a REG. The BIDA shall increase the amount of capital investment in real property required by three percent annually without filing an incentive amendment application. (2)In order to qualify for and receive a TPPG, a business firm shall be located within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone. Additionally, the business firm shall make, or cause to be made, a minimum capital investment in tangible personal property of at least $25,000.00. Capital investment in tangible personal property is herein defined as the purchase of tangible personal property. Furthermore, a new business firm shall create a minimum of five new jobs within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone. Lastly, an existing business firm must retain the number of permanent full-time equivalent jobs located within Tazewell County, Virginia and the Tazewell County Enterprise Zone at the time of its application for a TPPG. The BIDA shall increase the amount of capital investment in tangible personal property required by three percent annually without filing an incentive amendment application. (3)If the total amount of a TPPG is estimated to be more than $50,000.00, then the qualified business firm shall sign a performance agreement with the BIDA in which it agrees to return all or a portion of the amount of a TPPG payment it received if the qualifying investment is removed within five years after the qualified business firm receives its final TPPG payment. The amount required to be returned would be pro-rated for the number of years, after the final TPPG payment, that the qualifying investment remained within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone with a 20 percent credit being given for each full year in which the qualifying investment remained within the corporate limits of the Town of Bluefield and the Tazewell County Enterprise Zone. (4)To qualify for and receive a TPPG and/or a REG, a business firm must not be delinquent in any tax or fee levied by Tazewell County, Virginia or any incorporated Town of Tazewell County, Virginia. (5)A business firm shall not receive a REG if the business firm or the owner of the property which the business firm occupies is receiving or has applied for the rehabilitated real estate tax exemption ("RRETE") on the same property. (6)A business firm shall not receive a REG and/or a TPPG if the business firm is a retail or food service establishment. (7)The BIDA, at their sole discretion, without regard for past awards, and without setting a precedent for future awards, may further augment the amount and/or duration of a REG and/or a TPPG and may also adjust the qualification criteria for such augmented feature. The BIDA may also, at their sole discretion, without regard for past awards, and without setting a precedent for future awards, may waive any qualification requirement of a REG and/or a TPPG, or any portion thereof. The BIDA may not add any qualification requirements nor diminish a REG and/or a TPPG for which a business firm qualifies. (8)If a business firm fails to meet any qualification requirement during the grant period, then the grant period may be extended by up to two years and the business firm may receive a REG and/or a TPPG in any subsequent year for which it meets the qualification requirements, except that a REG and/or a TPPG payment shall be limited to a maximum of three tax years. (9)A REG shall be paid within three months from the first and subsequent dates that real estate taxes are paid by the qualified business firm to the Town of Bluefield after the qualifying improvement in real property is made, or as mutually determined by the qualified business firm and the BIDA through a performance agreement. A business firm must apply for a reg within 12 months of the qualifying improvement. (10)A TPPG shall be paid within three months from the first and subsequent dates that personal property taxes are paid by the qualified business firm to the Town of Bluefield after the qualifying investment in tangible personal property is made, or as mutually determined by the qualified business firm and the BIDA through a performance agreement. A business firm must apply for a TPPG within 12 months of the qualifying investment. (Ord. of 4-26-2016)Secs. 4-158—4-190.?Reserved.Chapter 6?ANIMALSARTICLE I.?IN GENERALSec. 6-1.?Cruelty to animals; penalty.(a)Any person who: (1)Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to himself or another; (2)Deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; (3)Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; (4)Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (5)Carries or causes to be carried in or upon any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (6)Causes any of the acts listed in subsections (a)(1)—(6) of this section, or being the owner of such animal permits such acts to be done by another; shall be guilty of a Class 1 misdemeanor. (b)Any person who abandons or dumps any dog, cat or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another shall be guilty of a Class 3 misdemeanor. (c)Nothing in this section shall be construed to prohibit the dehorning of cattle. (d)For the purposes of this section, the term "animal" shall be construed to include birds and fowl. (e)This section shall not prohibit authorized wildlife management activities or hunting, fishing or trapping as regulated under other titles of the Code of Virginia, including, but not limited to, Code of Virginia, tit. 29.1, or to farming activities as provided under Code of Virginia, tit. 3.1, or regulations promulgated thereto. (f)In addition to the penalties provided in subsection (a) of this section, the court may, in its discretion, require any person convicted of a violation of subsection (a) of this section to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the person convicted. (g)It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection shall constitute a Class 1 misdemeanor. (Code 1984, § 11-2)State law reference(s)—Cruelty to animals, Code of Virginia, § 3.1-796.122; specific authority to adopt section, Code of Virginia, § 3.1-796.94; penalty for violation, Code of Virginia, § 18.2-403.1. Sec. 6-2.?Burial or cremation of animals or fowl which have died.(a)When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried; and, if he fails to do so, any judge of a general district court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal so cremated or buried the actual cost of the cremation or burial, not to exceed $75.00, and of the owner of every such fowl so cremated or buried, the actual cost of the cremation or burial, not to exceed $5.00, to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. (b)Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner. (Code 1984, § 11-3)State law reference(s)—Burial or cremation of dead animals, Code of Virginia, § 18.2-510; burial or cremation of dead companion animals, Code of Virginia, § 3.1-796.121. Secs. 6-3—6-30.?Reserved.ARTICLE II.?DOGSDIVISION 1.?GENERALLYSec. 6-31.?Dogs running at large prohibited.(a)It shall be unlawful for the owner or custodian of any dog to permit such dog to run at large. (b)The term "running at large," as used in this article, shall mean the causing or permitting of any dog to be found off the premises of its owner or custodian, whether such dog is upon the streets or alleys of the town or upon private property of anyone not the owner or custodian of such dog; provided that nothing in this subsection shall be construed as preventing the owner or custodian on any dog from being accompanied by his dog if such dog is at all times under the direct supervision and control of some person who has the ability to manage such dog. (c)It shall be the duty of the chief of police and police officers of the town to take up and impound any dog found running at large in the county animal shelter. (d)A violation of this section shall constitute a Class 4 misdemeanor. (Code 1984, § 3-15)Cross reference(s)—Penalty for Class 4 misdemeanor, § 1-15(a)(4); streets, sidewalks and other public places, ch. 46. State law reference(s)—Authority for this section, Code of Virginia, § 3.1-796.93; confinement and disposition of stray animals, Code of Virginia, § 3.1-796.96. Sec. 6-32.?Unlicensed dogs.Any unlicensed dog found in the town shall be seized and confined in the county animal shelter and redemption of such dog shall be subject to county ordinances and regulations. (Code 1984, § 3-16)State law reference(s)—Licensing of dogs required, Code of Virginia, § 3.1-796.85. Sec. 6-33.?Barking or howling dogs.(a)The harboring or keeping of any dog which by loud, frequent or habitual barking or howling shall cause annoyance and disturb the peace and quiet of any person or neighborhood is declared to be a nuisance. Upon complaint being made to the code enforcement officer or any police officer that the provisions of this section are being violated, the code enforcement officer or police officer shall give notice to the owner of such dog of such complaint and shall further order the discontinuance of the disturbance. (b)It shall be unlawful for the owner of such barking or howling dog to fail after the expiration of 24 hours from the receipt of such notice to cause the discontinuance of such disturbance. (c)Citizens affected by a barking or howling dog are requested but are not required to contact the dog's owner prior to contacting the town to attempt to resolve differences and objections with the owner of the barking or howling dog. (Code 1984, § 3-17; Ord. of 7-28-2015(1))Sec. 6-34.?Dog sanitation.It shall be unlawful for any owner of a dog to: (1)Knowingly or willfully allow the dog to urinate or defecate on the private property of other persons without their consent. (2)Knowingly or willfully allow the dog to urinate or defecate on public property, except that defecation by a dog on public property shall not constitute a violation of this section if the owner of the dog immediately removes the material defecated and disposes of it in a safe and sanitary manner. (3)Knowingly or willfully keep or allow a dog to be confined on private property in an unsanitary or unhealthy manner. (Code 1984, § 3-18)Sec. 6-35.?Violation of sections 6-33 and 6-34.(a)Violations deemed misdemeanor. Any violation of the provisions of this chapter shall constitute a Class 4 misdemeanor unless otherwise specifically provided. (b)Subsequent violations. Any subsequent violation of the provisions of sections 6-33 and 6-34 within six months of a prior violation of such section may be charged as a Class 3 misdemeanor. (c)Authority of town to enforce by process. The town shall have the authority to enforce the provisions of sections 6-33 and 6-34 by criminal or civil process. (d)Amicable resolution by citizens requested. Prior to calling upon the police or the town to enforce sections 6-33 and 6-34, citizens are requested, but are not required to contact, or attempt to contact, the owner of the offending dog to attempt amicably and non-judicially to resolve any problem involving such dog. (e)Amicable resolution by town. Prior to instituting criminal proceedings against the owner of a dog in a violation under sections 6-33 and 6-34, the town manager may, if he deems it appropriate, contact or attempt to contact the dog's owner to attempt amicably and non-judicially to resolve any problem involving a dog. (f)Legal resolution. Citizens may invoke the procedures afforded by the criminal or civil justice system to attempt to resolve any complaint or problem with a dog. (Code 1984, § 3-19; Ord. of 7-28-2015(2))State law reference(s)—Similar provisions, Code of Virginia, §§ 3.1-796.126:7, 3.1-796.128. Secs. 6-36—6-60.?Reserved.ARTICLE III.?LIVESTOCKSec. 6-61.?Cattle, horses, etc., running at large; impoundment and sale of livestock.(a)Running at large prohibited. It shall be unlawful for cattle, horses, hogs and other livestock to run at large in the town. It shall be unlawful for any person owning, possessing or having in his care or custody any cattle, horses, hogs or other livestock to willfully, knowingly or negligently permit any such cattle, horses, hogs or livestock to run at large. (b)Prohibited on Maple Hill Cemetery property. No such livestock shall be permitted in or on the Maple Hill Cemetery property of the town, whether attended or unattended. (c)Notification of police. Any person may at any time take possession of any such animal so at large and immediately notify the police department. (d)Sale of defaulted animals; return of residual proceeds. Should any fine imposed for a violation of this section not be paid, the proper judicial officer may direct the police to retain possession of the animal. Should the owner thereof continue in default for ten days thereafter, such judicial officer shall direct the chief of police to sell the animal at public auction. After payment of fine and costs, the chief of police shall return the residue of the proceeds of sale to the former owner of the animal. (e)Violation deemed misdemeanor. A violation of this section shall constitute a Class 4 misdemeanor. (Code 1984, § 3-26)Cross reference(s)—Penalty for Class 4 misdemeanor, § 1-15(a)(4); streets, sidewalks and other public places, ch. 46. State law reference(s)—Estrays, Code of Virginia, § 55.202 et seq. Sec. 6-62.?Riding, driving, etc., livestock on sidewalks prohibited.(a)It shall be unlawful for any person to ride, drive or lead any horse, pony, cattle or other livestock on the sidewalks of the town and such animals may be ridden, etc., only upon the streets of the town. (b)A violation of this section shall constitute a Class 4 misdemeanor. (Code 1984, § 3-27)Cross reference(s)—Penalty for Class 4 misdemeanor, § 1-15(a)(4); streets, sidewalks and other public places, ch. 46. Sec. 6-63.?Keeping, maintaining, etc., hogs unlawful.(a)It shall be unlawful for any person to keep, maintain, raise or fatten hogs within the corporate limits of the town. (b)A violation of this section shall constitute a Class 3 misdemeanor. (Code 1984, § 3-28)Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). Sec. 6-64.?Keeping, maintaining, etc., chickens unlawful.(a)It shall be unlawful for any person to keep, maintain or raise chickens within the corporate limits of the town. (b)A violation of this section shall constitute a Class 3 misdemeanor. (Code 1984, § 3-29)Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). Sec. 6-65.?Keeping, feeding, etc., ducks unlawful.(a)It shall be unlawful for any person to keep, maintain or feed any ducks at or within one mile above the raw water intake and impoundment pond for the town water plant. (b)A violation of this section shall constitute a Class 3 misdemeanor. (Code 1984, § 3-30)Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3) Secs. 6-66—6-90.?Reserved.ARTICLE IV.?PUBLIC NUISANCESSec. 6-91.?Purpose.The purpose of this article and the sections therein is to protect the safety, health, and welfare of the citizens of the town. (Ord. of 2-11-2020)Sec. 6-92.?Authority.This article and the sections therein are adopted pursuant to the authority described in Code of Virginia, §§ 3.2-6543, 15.2-900, 15.2-1102, and 15.2-1700, as amended. (Ord. of 2-11-2020)Sec. 6-93.?panion animal, when used in this article, shall have the same meaning as is described under Code of Virginia, § 3.2-6500, as amended. Unsafe or unsanitary conditions, when used in this article, means a condition or conditions which is/are dangerous or unclean, and could reasonably be expected to pose a danger to the general health, safety, or welfare of the citizens of the town. (Ord. of 2-11-2020)Sec. 6-94.?Certain conditions deemed a public nuisance.Any companion animal that creates unsafe or unsanitary conditions within the corporate limits of the town shall constitute a public nuisance. Any person who creates or encourages the existence of a public nuisance described in this section shall be guilty of a Class 4 misdemeanor. In lieu of the criminal penalty set forth in this section, a violation of this section may be punishable by a civil penalty of $50.00. Each day a violation of this section exists shall constitute a separate and distinct offense. (Ord. of 2-11-2020)Sec. 6-95.?Exception.A person who is actively making humane efforts to control a feral cat colony within the corporate limits of the town shall not be prosecuted for a violation of this article. Written proof of the humane efforts being made by a person to control a feral cat colony at issue shall be provided by the person suspected of violating this article within seven days of being requested to do so by a law enforcement officer. The term "written proof," as used in this section, means written documentation provided by a duly existing and recognized animal advocacy organization/association or a duly licensed veterinarian verifying a person is actively making humane efforts under a written and established plan of action, to be completed within a reasonable period of time as determined by such animal advocacy organization/association or veterinarian, with such estimated time period being indicated in the aforementioned plan of action, to control a feral cat colony at issue. In the event of any change in circumstances, such plan of action may be supplemented in writing by such animal advocacy organization/association or veterinarian. The term "humane efforts," as used in this section, shall be deemed to include, but not be limited to, lawful efforts to sterilize, vaccinate, and provide the proper care required of a companion animal as described under Code of Virginia, § 3.2-6503, as amended. Nothing herein this section shall be construed to prevent a landowner or other interested party from seeking an injunction or other available remedy from a court of competent jurisdiction to abate a nuisance. (Ord. of 2-11-2020)Sec. 6-96.?Enforcement.It shall be the duty of the police department of the town to enforce this article. (Ord. of 2-11-2020)Sec. 6-97.?Severability.If any section, provision, or portion of this article is held to be invalid by a court of competent jurisdiction, then that decision shall in no way affect the remaining sections, provisions, or portions of this article. The invalid section, provision, or portion thereof shall be severable. (Ord. of 2-11-2020)Secs. 6-98—6-130.?Reserved.Chapter 10?BUILDINGS AND BUILDING REGULATIONSARTICLE I.?IN GENERALSec. 10-1.?Town building official to enforce chapter.The town building official shall act as building official for the purposes of this chapter and for the enforcement of the Virginia Uniform Statewide Building Code. (Code 1984, § 4-1; Ord. of 10-22-2001, § 4-1)Secs. 10-2—10-30.?Reserved.ARTICLE II.?UNSAFE BUILDINGSSec. 10-31.?Purpose.The purpose of this article is to provide a means of reasonably regulating the maintenance and condition of certain buildings, walls, or structures within the corporate limits of the town in order to preserve the health, safety, and welfare of the citizens of the town. (Ord. of 2-12-2019(3))Sec. 10-32.?Authority.This article is adopted pursuant to the authority described in Code of Virginia, § 15.2-906, as amended. (Ord. of 2-12-2019(3))Sec. 10-33.?Certain structures may be deemed unsafe.Any building, wall, or structure which poses a danger to the public health or safety of the residents of the town shall be deemed unsafe by the building official of the town. (Ord. of 2-12-2019(3))Sec. 10-34.?Notice to be provided by building official.The building official of the town shall provide written notice to a property owner whose property contains an unsafe building, wall, or structure. Such notice shall (i) identify the unsafe building, wall, or structure; (ii) require the unsafe building, wall, or structure identified to be removed, repaired, or secured within 30 days of the postmark date of the notice; (iii) be posted in a conspicuous place upon the property containing the unsafe building, wall, or structure; and (iv) sent by certified mail with return receipt requested to the last known address of the property owner. The building official of the town may take any action necessary to prevent unauthorized access to an unsafe building within seven days of sending notice so long as such building poses a significant threat to the public safety and such fact is stated in the notice provided. (Ord. of 2-12-2019(3))Sec. 10-35.?Town council may require the removal, repair, or securing of structures.In the event a property owner fails to remove, repair, or secure an unsafe building, wall, or structure after being requested to do so by the building official of the town, then the town council may authorize the town, its employees, and/or its authorized agents to remove, repair, or secure such building, wall, or structure. Prior to an unsafe building, wall, or structure being removed, repaired, or secured by the town, its employees, and/or its authorized agents, written notice shall be provided by the town to the property owner and any lienholder of the property. Such notice shall (i) be sent be certified mail with return receipt requested to the last known addresses of the property owner and any lienholder; (ii) be published once a week for two successive weeks in a newspaper having general circulation in the town; (iii) be posted in a conspicuous place upon the property containing the unsafe building, wall, or structure; and (iv) be posted to the public bulletin board of the courthouse in Tazewell County, Virginia as defined under Code of Virginia, § 1-211.1, as amended. The town, its employees, and/or its authorized agents may proceed to remove, repair, or secure any unsafe building, wall, or other structure so long as at least 60 days have passed from the later of (i) the return of the receipt(s) of the certified mailing(s); (ii) the second newspaper publication; (iii) the posting upon the property containing the unsafe building, wall, or structure; or (iv) the posting to the public bulletin board of the courthouse in Tazewell County, Virginia. (Ord. of 2-12-2019(3))Sec. 10-36.?Appeal.Any decision rendered by the building official of the town or the town council pursuant to this article may be appealed by an aggrieved property owner or lienholder to the Board of Building Code Appeals of the Town of Bluefield, Virginia. Such appeal shall be perfected by providing a written notice of appeal to the building official of the town within 30 days of the date such decision was made. Failure to note a timely appeal with the building official of the town shall constitute an absolute waiver to the right of appeal granted hereunder this section. (Ord. of 2-12-2019(3))Sec. 10-37.?Expenses, liens, and waiver.In the event the town, its employees, and/or its authorized agents remove, repair, or secure an unsafe building, wall, or structure pursuant to this article, then any expense associated therewith shall be chargeable to and paid by the property owner of such property. Additionally, such expenses, if left unpaid, shall constitute a lien against the property and may be collected by the town as taxes and levies are collected. The town manager of the town may waive any and all liens imposed hereunder to facilitate the sale of property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the property owner and who has no business association with the property owner subject to the lien. Additionally, such liens shall remain a personal obligation of the property owner at the time the liens were imposed. (Ord. of 2-12-2019(3))Sec. 10-38.?Violation by property owner; penalty.It shall be unlawful for a property owner to fail to remove, repair, or secure an unsafe building after being requested to do so by the building official of the town. A violation of this section shall be punishable by a civil penalty of $1,000.00. (Ord. of 2-12-2019(3))Sec. 10-39.?Indemnification.Any officer, official, employee, or agent of the town charged with the enforcement of this article or assisting therewith shall not render himself personally liable in the discharge of his/her duties, and is hereby relieved of any and all personal liability for any damages which may accrue to any person or property as a result of any act required or permitted in the discharge of his/her duties. Any suit brought against any such officer, official, employee, or agent resulting from the enforcement of this article or assisting therewith shall be fully defended by the town. (Ord. of 2-12-2019(3))Sec. 10-40.?Severability.If any section, provision, or portion of this article is held to be invalid by a court of competent jurisdiction, then that decision shall in no way affect the remaining sections, provisions, or portions of this article. The invalid section, provision, or portion thereof shall be severable. (Ord. of 2-12-2019(3))Secs. 10-41—10-70.?Reserved.ARTICLE III.?BUILDING CODESec. 10-71.?Virginia Uniform Statewide Building Code.The Virginia Uniform Statewide Building Code, as amended from time to time, including all subparts, is hereby adopted and incorporated herein by reference to establish rules and regulations governing the construction, alteration, removal, demolition, equipment, use, occupancy, location, and maintenance of buildings and structures within the corporate limits of the town. At least one copy of the current Virginia Uniform Statewide Building Code shall be kept in the building department of the town, and such copy shall be made available for public inspection during regular business hours, 8:00 a.m. to 5:00 p.m. EST, Monday through Friday. The Virginia Uniform Statewide Building Code may be referred to as "the building code" throughout this article. (Ord. of 3-10-2020)Sec. 10-72.?Enforcement and appeals.(a)Official action. The building official of the town is charged with the enforcement of the building code, and he/she shall have all the powers, duties, and privileges provided for such enforcement under applicable law. (b)Administrative practices. The building official of the town shall establish procedures, policies, and requirements necessary to ensure the effective and lawful administration and enforcement of this article. (c)Appeals. A board of building code appeals is hereby established, and shall be known as the "Board of Building Code Appeals of the Town of Bluefield, Virginia". Such board shall hear all appeals arising from the application of the building code. (Ord. of 3-10-2020)Sec. 10-73.?Permit required; fees.Except as otherwise provided by law, the issuance of a building permit and any other required permit(s) shall be required before any person, entity, or organization begins any activity subject to the building code. An application process to obtain a building permit shall be developed in accordance with section 10-72 of this article. A fee payable to the town shall be required for the issuance of a building permit, and the fee schedule for such permit shall be set by the town council. The building official of the town is charged with the responsibility of ensuring all requirements under the building code and other applicable law are satisfied before a building permit is issued pursuant to the authority of this article. (Ord. of 3-10-2020)Sec. 10-74.?The board of building code appeals.(a)Membership of the board of building code appeals. The board of building code appeals shall consist of at least five members but not more than seven members. All members shall be appointed by the town council upon a recommendation of the building official of the town, and shall serve terms of one year, two years, and three years, divided as nearly equal as possible between the membership. Reappointments shall be for terms of three years each. Vacancies shall be filled by the town council upon a recommendation of the building official of the town, and shall be for the remainder of the applicable unexpired term. Members shall be selected on the basis of their ability to render fair and competent decisions regarding the application of the building code, and shall to the extent possible, represent different occupational fields relating to the construction industry. At least one member should be an experienced builder, at least one member should be an experienced property manager, and at least one member should be a registered design professional. Employees and officers of the town shall not serve as members of the board. (b)Officers of the board of building code appeals.(1)Chairman. The board of building code appeals shall elect a chairman from its membership whose term of office shall be for a period of one calendar year. The chairman shall hold office until their successor has been elected, and in the event they are absent from a meeting or hearing, an acting chairman shall be elected to act in place of the absent chairman. The chairman or acting chairman, as applicable, shall preside over all meetings and hearings, execute all documents requiring a signature on behalf of the board, direct appeal hearings, make evidentiary rulings during appeal hearings, and oversee the record of all the proceedings of the board. (2)Secretary. The board of building code appeals shall elect a secretary from its membership whose term of office shall be for a period of one calendar year. The secretary shall maintain detailed records of all proceedings, meetings, hearings, records, membership, and officers of the board. The secretary shall further certify all documents executed by the chairman or acting chairman. (c)Meetings of the board of building code appeals. The board of building code appeals shall meet at least once each calendar year or as otherwise required by the building code. Meeting dates, times, and locations shall be set by the building official of the town. (d)Appeals to the board of building code appeals.(1)Right of appeal. Any person aggrieved by the application of the building code or the refusal to grant a modification to the provisions of the building code may appeal to the board of building code appeals. Such appeal shall be perfected by filing a written application for appeal with the building department of the town within 30 calendar days of the receipt of the decision being appealed. An application form shall be developed under the authority of section 10-72 of this article, and all applications submitted shall, at a minimum, contain the name and address of the owner of the building or structure at issue, the name and address of the individual making such appeal, and a copy of the decision being appealed. Every application for appeal, upon being received by the building department of the town, shall immediately be marked and dated as received. (2)Waiver of appeal. Failure to submit a complete application for appeal within the required time period shall constitute a waiver to the right of appeal. (3)Notice of hearing. The building official of the town shall send by certified mail a notice of hearing to all addresses provided in the application for appeal. The notice of hearing shall indicate the date, time, and location of the appeal hearing, and shall be sent to the addresses in the application for appeal at least 14 days before the date of the appeal hearing. (4)Conduct of members of the board of building code appeals. No member of the board of building code appeals shall hear an appeal in which that member has a conflict of interest in accordance with the Virginia State and Local Government Conflict of Interest Act. No member shall discuss the substance of an appeal with any other party(ies) or their representative(s) prior to a hearing being held. (5)Appeal hearing. The board of building code appeals shall hold an appeal hearing within 30 days of a complete and timely application for appeal being received by the building department of the town. All hearings shall be open to the public, and the appellant, their representative, the locality's representative, and any other person whose interests are affected by the decision in question shall be given an opportunity to be heard by the board. A quorum of the board must be present for an appeal hearing to be held, and in the event a quorum does not exist, then the hearing shall be continued to a date where a quorum of the board will be present. (e)Decisions of the board of building code appeals. The board of building code appeals shall have the power to affirm, reverse, or modify any decision presented upon appeal. Such decision shall be made by a majority vote of the board, and shall be final if no further appeal is made. All decisions of the board shall be explained in writing, signed by the chairman or acting chairman, certified by the secretary, and retained as a record of the town. In addition to any other information therein, all final decisions of the board regarding an appeal shall include the following statement: "Any person who was a party to the appeal may appeal to the State Review Board by submitting an application to such Board within 21 calendar days upon receipt by certified mail of this decision. Application forms are available from the Office of the State Review Board, 600 East Main Street, Richmond, Virginia 23219, (804) 371-7150." Copies of such written decision shall be sent by the building official of the town by certified mail to all parties involved in the appeal. (f)Appeal of decisions of the board of building code appeals. After a final determination of the board of building code appeals, any person aggrieved by such decision may appeal to the state review board. Such appeal shall be in accordance with Virginia law. (Ord. of 3-10-2020)Sec. 10-75.?Violation a misdemeanor; limitation on prosecutions.(a)It shall be unlawful for any person to violate any provision of the building code. Any such violation shall be deemed a misdemeanor and any person convicted thereof shall be punished by a fine of not more than $2,500.00. Additionally, each day the violation continues after conviction or the court-ordered abatement period has expired shall constitute a separate offense. If the violation remains uncorrected at the time of the conviction, then the court shall order the violator to abate or remedy the violation. Except as otherwise provided by the court, any such violator shall abate or remedy the violation within six months of the date of conviction. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense committed within less than five years after a first offense under this section shall be punished by a fine of not less than $1,000.00 nor more than $2,500.00. Any person convicted of a second offense committed within a period of five to ten years of a first offense under this section shall be punished by a fine of not less than $500.00 nor more than $2,500.00. Any person convicted of a third or subsequent offense involving the same property committed within ten years of an offense under this section after having been at least twice previously convicted shall be punished by confinement in jail for not more than ten days and a fine of not less than $2,500.00 nor more than $5,000.00, either or both. No portion of the fine imposed for such third or subsequent offense committed within ten years of an offense under this section shall be suspended. (b)Any person violating any building code provision relating to the removal or the covering of lead-based paint which poses a hazard to the health of pregnant women and children under the age of six years who occupy the premises shall, upon conviction, be guilty of a Class 1 misdemeanor and shall be subject to a fine of not more than $2,500.00. If the court convicts pursuant to this subsection and sets a time by which such hazard must be abated, then each day the hazard remains unabated after the time set for the abatement has expired shall constitute a separate violation of the building code. Upon a reasonable showing to the court by a landlord, as defined in the Code of Virginia, § 55.1-1200, as amended, that such landlord is financially unable to abate the lead-based paint hazard, the court shall order any rental agreement related to the affected premises terminated effective 30 days from the entry of the court order. For the purposes of the preceding sentence, termination of the rental agreement shall not be deemed noncompliance by the landlord pursuant to the Code of Virginia, § 55.1-1234, as amended. (c)Any person who refuses to stop work upon receipt of a stop work order, or removes a violation notice shall be guilty of a misdemeanor and shall be subject to a fine of not less than $100.00 nor more than $2,500.00. (d)Prosecutions under the building code shall be commenced within the applicable limitations periods described under the Code of Virginia, § 19.2-8, as amended. (Ord. of 3-10-2020)Sec. 10-76.?Severability.If any section, provision, or portion of this article is held to be invalid by a court of competent jurisdiction, then that decision shall in no way affect the remaining sections, provisions, or portions of this article. The invalid section, provision, or portion thereof shall be severable. (Ord. of 3-10-2020)Secs. 10-77—10-100.?Reserved.Chapter 14?CEMETERIESSec. 14-1.?General regulations.(a)All foot markers, corner markers and small headstones shall be erected level with the ground in town-owned cemeteries. (b)No glass containers shall be used in town-owned cemeteries. (c)All persons buried in town-owned cemeteries shall be interred in vaults, concrete or steel. (Code 1984, § 5-1)Sec. 14-2.?Grave fees and surcharges.All grave fees, burial fees, fees for burial plots and surcharges imposed for the use of town-owned cemeteries shall be established from time to time by the cemetery commission or town manager. A copy of a schedule of such fees shall be maintained on file in the office of the town manager and the office of the cemetery superintendent and shall be available for public inspection during regular business hours. (Code 1984, § 5-2)Sec. 14-3.?Cemetery commission.The town council may appoint a cemetery commission to review the operations, recommend operational policy and manage the financial affairs of the cemetery in accordance with state law and subject to approval of the town council. (Code 1984, § 5-3)Sec. 14-4.?Certain conduct of visitors of cemeteries prohibited; penalty.Unless otherwise permitted by the Cemetery Commission of the Town of Bluefield, Virginia or the cemetery superintendent of the town, it shall be unlawful for a visitor of a cemetery owned or maintained by the town to: (1)Plant flowers, trees, bushes, shrubs, or other vegetation; (2)Operate any golf cart, go-kart, side by side, UTV, ATV, or other recreational vehicle; (3)Operate a car, truck, vehicle, or similar equipment on areas not designated for such operation unless such operation is connected to an interment ceremony; (4)Engage in any recreational activity other than walking, jogging, or cycling; or (5)Between June 1 to October 31 of a calendar year, place any i) artificial flowers or plants; ii) wrought iron poles or metal rods; iii) solar lights; iv) wire or glass objects; or v) fences, gates, or barriers on or around any grave in a manner that obstructs cemetery maintenance activities. A violation of this section shall be punishable as a Class 4 misdemeanor. (Code 1984, § 5-4; Ord. of 2-12-2019(1))Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). Chapter 18?ELECTIONSSec. 18-1.?Town precinct.For purposes of all town elections, the town shall constitute one voting precinct, to be known as the Graham Precinct, which shall encompass the area located within the town limits. The polling place for such precinct shall be the Municipal Buildings. (Code 1984, § 6-1; Ord. of 7-24-2000, § 6-1; Ord. of 1-8-2007)Sec. 18-2.?Election of mayor and council at November general elections.(a)Pursuant to the authority granted to the town under Code of Virginia, § 24.2-222.1, as amended, commencing on and after January 1, 2012, the mayor and council shall be elected at the November general election date rather than the May municipal election date prescribed by the Town Charter. Their term of office shall commence January 1 following such election. (b)No term of a mayor or member of council shall be shortened in implementing the change to the November election date. A mayor of member of council who was elected at a May general election and whose term is to expire as of June 30 shall continue in office until his successor has been elected at the November general election and has been qualified to serve. (c)Because this section effects a change to commence with the November general election in 2012, an even-numbered year, no term of a mayor or council member shall be shortened by the change, and the provision of subsection D of the aforesaid Code of Virginia, § 24.2-222.1 shall not apply. (Ord. of 11-14-2011)Chapter 22?ENVIRONMENTARTICLE I.?IN GENERALSec. 22-1.?Chapter is supplemental to other provisions of Code relating to nuisances.Various nuisances are defined and prohibited in other chapters of this Code, and it is the intent of the council in enacting this chapter to make the chapter supplemental to those other chapters in which nuisances are defined and prohibited; and the provisions of this chapter relating to the abatement of nuisances shall be regarded as alternative methods and procedures for the abatement of nuisances in those instances where other methods and procedures for abatement are provided. (Code 1984, § 10-1)Secs. 22-2—22-30.?Reserved.ARTICLE II.?NUISANCESDIVISION 1.?GENERALLYSec. 22-31.?Nuisances prohibited within town.It shall be unlawful for any person to cause, harbor, commit or maintain, or to suffer to be caused, harbored, committed or maintained any nuisance as defined by the statutes or common law of this state or as defined by this Code or other ordinance of the town at any place within the town. (Code 1984, § 10-2)State law reference(s)—Nuisances, Code of Virginia, § 15.2-1115. Sec. 22-32.?Certain nuisances enumerated.(a)The following acts when committed, or conditions when existing, within the town are hereby deemed and declared to be nuisances: (1)An act done or committed or aided or assisted to be done or committed by any person, or any substance, being or thing kept, maintained, placed or found in or upon any public or private place, which is injurious or dangerous to the public health or safety. (2)All buildings, bridges or other structures of whatever character kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public. (3)All trees and other appendages of or to realty kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public. (4)All ponds or pools of stagnant water and all foul or dirty water or liquid when discharged through any drain, pipe or spout, or thrown into or upon any street, public place or lot to the injury or annoyance of the public. (5)All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public and all stones, rubbish, dirt, filth, slops, vegetable matter or other articles thrown or placed by any person on or in any street, sidewalk or other public place, which in any way may cause any injury or annoyance to the public. (6)All sidewalks, gutters or curbstones permitted to remain in an unsafe condition or out of repair. (7)All stables, cattle yards, sheep or cow pens or yards permitted by the owner thereof or the person responsible therefor to be harboring or breeding places for rodents or otherwise to be in such a condition as to become offensive, annoying or injurious to the public or to persons in neighborhood thereof. (8)All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to a permit issued by competent authority. (9)All septic tanks, privies, cesspools and privy vaults of a type prohibited by state law or by rules and regulations promulgated by authority of state law, or which are maintained in any manner contrary to state law or rules and regulations promulgated by authority of state law or which otherwise constitute a menace to the health of, or are offensive to, persons in the neighborhood thereof. (b)The nuisances described in this section shall not be construed as exclusive, and any act of commission or omission and any condition which constitutes a nuisance by statute or common law of the state, when committed, omitted or existing within the town limits is hereby declared to constitute a nuisance. (Code 1984, § 10-3)Sec. 22-33.?Responsibility of property owners, occupants and others.Each owner, lessee, tenant, occupant or person in charge of any real property within the town, and each agent or representative of any such person, is hereby charged with responsibility for the maintenance and use of such real property in such manner that no use of, or activity or condition upon or within, such real property shall constitute a nuisance; and all such persons are hereby charged with the duty of observing all of the provisions of this chapter, but such responsibility shall not be construed to permit any other person not charged with such responsibility to commit or maintain any nuisance upon or within any real property in the town. (Code 1984, § 10-4)Sec. 22-34.?Penalty for violation of chapter.A violation of this chapter, unless otherwise provided, shall constitute a Class 3 misdemeanor. (Code 1984, § 10-5)Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). Secs. 22-35—22-50.?Reserved.DIVISION 2.?ABATEMENTSec. 22-51.?Inspections, investigations and complaints.It shall be the duty of the building official or town manager to cause inspections to be made from time to time of all portions of the town to determine whether any condition exists or activity is being practiced which constitutes a nuisance and they shall cause an investigation to be made upon complaint made by any responsible person. (Code 1984, § 10-21)Sec. 22-52.?Right to enter private premises; duty of occupants.Town officers shall have the right to enter private premises for the purposes specified in section 22-51 upon compliance with all applicable provisions of law. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance and in any case it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law. (Code 1984, § 10-22)State law reference(s)—Inspection warrants, Code of Virginia, §§ 19.2-393 et seq., 36-105. Sec. 22-53.?Notice to cease and desist when activity constitutes nuisance.If at any time a town officer shall find that an activity or practice which constitutes a nuisance is occurring within the town, he shall promptly and by the most expeditious means notify the violator to cease and desist forthwith. (Code 1984, § 10-23)Sec. 22-54.?Notice to abate condition constituting nuisance; appeal.If at any time a town officer finds a condition which constitutes a nuisance exists within the corporate limits of the town, then he/she shall notify the property owner(s) of the property where such condition exists. Such notice shall (i) identify the condition; (ii) require the condition to be abated or corrected within 14 days of the notice's postmark date; (iii) be sent to the last known address of the property owner(s) by certified mail with return receipt requested; and (iv) be posted in a conspicuous place upon the subject property. Any such notice, once given, shall be effective for a period of 12 months thereafter, and no further notice shall need to be provided within the said 12-month period. A property owner may appeal the alleged existence of a nuisance upon their property to the town council. Such appeal must be filed in writing with the town clerk of the town within seven days of the date notice was posted upon the subject property. Failure to note an appeal as described in this section shall constitute an absolute waiver to the right of appeal granted in this section. Upon a properly filed appeal, any action of the town as it relates to the nuisance alleged shall be stayed pending a decision of the town council. The decision of the town council as it relates to the alleged existence of a nuisance shall be final. In the event the town officer providing the above described notice states therein that the condition which constitutes a nuisance is an immediate threat to the health, safety, or welfare of the general public, then the property owner(s) of the property where such condition exists shall immediately comply with the terms of such notice. (Code 1984, § 10-24; Ord. of 7-23-2019(1))Sec. 22-55.?Recourse of town when notice to abate nuisance is ignored.(a)Upon the failure of any person to whom notice has been given pursuant to section 22-54 to comply with the terms of such notice, or with the terms imposed by the council on appeal, as the case may be, the officer giving such notice shall forthwith direct the appropriate town officer to remedy the condition which is the subject of such notice, and the expense incurred by the town in so doing shall be charged to the addressee of such notice, to be collected as town taxes or in any other manner authorized by law and shall constitute a lien against the property. (b)Abatement by the town of any condition which constitutes a nuisance and reimbursement to the town of expenses incurred thereby shall not bar prosecution for maintenance of a nuisance. (Code 1984, § 10-25)Sec. 22-56.?Article does not prohibit arrest for committing or maintaining nuisance.Nothing in this article shall be construed to prohibit any police officer from arresting any person for committing or maintaining a nuisance when such arrest is made pursuant to law. (Code 1984, § 10-26)Secs. 22-57—22-90.?Reserved.ARTICLE III.?INOPERABLE MOTOR VEHICLESSec. 22-91.?Keeping regulated.It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any properties zoned for residential, commercial or agricultural purposes any motor vehicle, trailer or semitrailer as defined in Code of Virginia, § 46.2-100 which is inoperable. No inoperable motor vehicle shall be covered by a tarp or other such temporary covering for a period in excess of six months, if not otherwise screened from view. The term "shielded or screen from view" means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located. The term "inoperable motor vehicle" shall mean any motor vehicle which is not in operating condition, or which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for the operation of the vehicle, or in which there are displayed neither valid license plates, town decal nor a valid inspection decal. However, the provisions of this section shall not apply to a licensed business which on June 26, 1970, is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. No more than one inoperable motor vehicle may be kept by any person, firm or corporation outside a fully enclosed building or structure but which is shielded or screened from view. (Code 1984, §§ 10-31, 17-69; Ord. of 12-14-2009)State law reference(s)—Similar provisions, Code of Virginia, § 15.2-904(A). Sec. 22-92.?Notice; removal; disposal; costs; and lien.The property owner(s) of property zoned for residential, commercial or agricultural purposes, upon being notified as described in section 22-54 of this chapter, shall remove therefrom any inoperable motor vehicle, trailer or semitrailer which is not kept within a fully enclosed building or structure or is not shielded or screened from view. Any such notice, once given, shall be effective for a period of 12 months thereafter, and no further notice shall need to be provided within the said 12-month period. The property owner(s) may appeal the alleged existence of an inoperable motor vehicle, trailer or semitrailer. The appeal process hereunder shall be the same process stated in section 22-54 of this chapter. In the event the property owner(s) fails to remove an inoperable motor vehicle, trailer or semitrailer after being notified as provided herein, then the town, through its agents or employees, may remove such inoperable motor vehicle, trailer or semitrailer. In the event the town, through its agents or employees, removes an inoperable motor vehicle, trailer or semitrailer from any property within the town, then the town may further dispose of such inoperable motor vehicle, trailer or semitrailer after providing 14 days' notice to the owner(s) of such inoperable motor vehicle, trailer or semitrailer. Such notice shall be provided by certified mail with return receipt requested to the last known address of the owner(s) of the said inoperable motor vehicle, trailer or semitrailer. The costs of removal and/or disposal of an inoperable motor vehicle, trailer or semitrailer incurred pursuant to the authority of this section shall be chargeable to the owner(s) of such inoperable motor vehicle, trailer or semitrailer or to the property owner(s) of the property where such inoperable motor vehicle, trailer or semitrailer was removed. Such costs may be collected by the town as taxes are collected. Any costs authorized by this section with which the property owner(s) has been assessed shall constitute a lien against the property from which such inoperable motor vehicle, trailer or semitrailer was removed, and such lien shall continue until actual payment of such costs have been made. (Code 1984, §§ 10-32, 17-69; Ord. of 12-14-2009; Ord. of 9-24-2019)State law reference(s)—Similar provisions, Code of Virginia, § 15.2-904(B). Secs. 22-93—22-120.?Reserved.ARTICLE IV.?REFUSE AND WEEDSSec. 22-121.?Removal of trash, garbage, refuse; collection of costs when done by town.The owner of property within the town shall remove therefrom any and all trash, garbage, refuse, litter or other substances which may endanger the health or safety of other residents of the town upon direction by the town or its agents after inspection as provided in section 22-54. If the owner of such property shall fail to comply with reasonable notice from the town to correct such condition, the town may have such trash, garbage, refuse, litter or other substances which may endanger the health or safety of other residents of the town removed by its employees or agents. The costs or expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the town as taxes and levies are collected. (Code 1984, § 10-35; Ord. of 9-11-2006)Cross reference(s)—Solid waste, ch. 42. State law reference(s)—Similar provisions, Code of Virginia, § 15.2-901. Sec. 22-122.?Removal of trash, garbage, refuse; collection of costs when done by town.The owner of vacant or developed property within the town shall cut the grass, weeds, or other foreign growth on such property or any part thereof at such time or times as directed by the town or its agent after inspection as provided in section 22-54. If the owner of such property shall fail to comply with reasonable notice from the town to correct such condition, the town may have such grass, weeds, or foreign growth cut by the town or its agents. The costs or expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the town as taxes and levies are collected. (Code 1984, § 10-35; Ord. of 9-11-2006)State law reference(s)—Similar provisions, Code of Virginia, § 15.2-901. Sec. 22-123.?Liens.Any charge authorized hereby with which owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes in the same manner as provided in Code of Virginia, § 58.1-3940 et seq. and Code of Virginia, § 58.1-3965 et seq. The town may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. (Code 1984, § 10-37; Ord. of 9-11-2006)State law reference(s)—Similar provisions, Code of Virginia, § 15.2-901. Sec. 22-124.?Definitions.Beneficial use as used in this chapter shall mean any public property that has been maintained or used in the past or is presently being used or maintained by the adjacent property. Developed property as used in this chapter shall be held to mean any property that has a structure or has been maintained or disturbed from its natural state. Ornamental shrubbery as used in this chapter shall be held to mean any shrub that is planted and to be maintained and groomed accordingly. Undeveloped property as used in this chapter shall be held to mean any property that does not have a structure erected on and has not been maintained or disturbed from its natural state for the purpose of development or has been restored to its undeveloped state as described in section 22-131. Weeds as used in this chapter shall be held to mean any plant, weed, brush or any other vegetation, herbaceous or woody, other than trees; included in the definition is grass. (Ord. of 9-11-2006)Sec. 22-125.?Weeds on any property; public nuisance.Weeds on any property located within the city that are in excess of ten inches in height are found to be a danger to the public health and are hereby declared to constitute a public nuisance. (Ord. of 9-11-2006)Sec. 22-126.?Duty of owner to cut; maintenance of town rights-of-way.The owners of property located within the town shall cut all weeds that are in excess of ten inches in height on such property. The owners of property shall also cut weeds in excess of ten inches in height along public sidewalks, curb lines, town rights-of-way and town streets adjacent to developed tracts, in which town property is currently being used or has been of beneficial use to the adjacent property owner. Property owners within the town who abut alleys or paper streets that are or have been a beneficial use shall be responsible for cutting to the center line of such rights-of-way. (Ord. of 9-11-2006)Sec. 22-127.?Notice; appeal.The property owner(s) of property where trash, garbage, refuse, or litter must be removed or where grass and/or weeds must be cut shall be notified as described in section 22-54 of this chapter. Such notice, once given, shall be effective for a period of 12 months thereafter, and no further notice shall need to be provided within the said 12-month period. A property owner may appeal the condition alleged in the notice. The appeal process hereunder shall be the same process stated in section 22-54 of this chapter. (Ord. of 9-11-2006; Ord. of 7-23-2019(2))Sec. 22-128.?Removal of trash, etc. or cutting of weeds by town; billing and collection charges; unpaid bill a lien.Whenever the owner of real property refuses, neglects or fails to remove trash, garbage, refuse, litter or other dangerous substances therefrom or fails to cut weeds, after being notified in the manner prescribed by section 22-127, trash, garbage, litter or other dangerous substance may be removed by the town or the weeds may be cut by the town. The expense thereof shall be forthwith computed, and a bill for such expense shall be prepared by the treasurer's office and mailed to the owner at his last known mailing address as provided in section 22-127, within a reasonable time after action taken by the town to correct the nuisance. In the event the town does not receive payment of the bill within 30 days after mailing, the town treasurer or designated official shall proceed to collect the expense and may do so in the same manner as town taxes are collected. All expenses with which the owner of any real property shall have been assessed and which remains unpaid shall constitute a lien against the owner's property. (Ord. of 9-11-2006)Sec. 22-129.?Violation and penalties.An owner of real property who has been provided written notice in the manner prescribed by section 22-127, who fails to comply with said notice shall be in violation of this article. The penalty for any such violation occurring in any 12-month period shall be the cost of the work performed plus $50.00 per day from the expiration of the notice until the work is performed by the town. The penalty for any subsequent violation within a 12-month period shall be the cost of the work performed plus $200.00 per day from the date of the expiration of the notice until the nuisance has been corrected. The total amount of the penalty, exclusive of cost incurred by the town in correcting the nuisance, shall not exceed $3,000.00 within a 12-month period. In the event three civil penalties have previously been imposed on the same defendant for the same or similar violation within a 24-month period shall be a Class 3 misdemeanor. (Ord. of 9-11-2006)Sec. 22-130.?Exemptions.The requirement of section 22-160, to cut, remove, or destroy any and all weeds, shall not apply to any property that meets the following conditions: (1)Any parcel or parcels of land greater than ten acres in size located in areas that are in residential or agricultural zoning districts or areas currently utilized for agricultural purposes. (2)Ornamental shrubbery. (3)Flowers and garden vegetables purposefully planted and maintained free from weed hazards or nuisance. (4)Cultivated crops. (5)Public recreational areas or trails intended to be left in their natural state. (6)Vegetation along natural streams or watercourses when necessary to deter erosion as approved by the erosion and sediment program administrator or designated authority. (7)Undeveloped property or property that has been returned to an undeveloped state. (Ord. of 9-11-2006)Sec. 22-131.?Procedure to return property to an undeveloped state.Any person owning developed property within the town wishing to return all or a portion of such property to its undeveloped state, to provide for the continued growth of grass, landscaping, plants, trees, or other growth shall make an application to the town manager. Such application shall contain the following information: (1)A plan for the property along with a narrative description of the proposed work, delineating in detail the proposed planting, existing plantings and shall describe any excavation, the rock formation, ponds, streams, planting beds, flowers, grasses, trees, shrubbery and other features. (2)A statement of impact of the proposed on adjacent property and a statement of the proposed use of the property. (3)The maintenance to be performed on the property, the intervals of such maintenance, the person responsible for such maintenance and the method and means of maintenance activity. (4)The measures to be taken to maintain the public health and safety which shall include at a minimum of control of fire and vermin. (5)Special requirements that may be set out by the town. Upon receipt of such application the town shall notify adjacent owners of the proposed plan. The adjacent property owners may submit any objections or comments to the town within 30 days of such notice. The town council shall approve any such plan to return property to an undeveloped state and may, prior to such approval conduct a public hearing. Any permit to return property to an undeveloped state will be initially issued or reissued for not more than a period of one year. Upon determination by the town manager that the property has complied with all the provisions of the application as approved by town council and that the adjacent property owners have not been aggrieved by the plan to return the property to an undeveloped state, the town manager may grant final approval for the redesignation to undeveloped property. Any revision, changes or major concerns involving the plan to reestablish undeveloped property shall be brought to the attention of the town manager prior to final approval. If at any time within the 12-month period in which a permit is in effect or if for any reason the town manager determines that all or a portion of the property must be returned to a developed state, the owner of such property shall immediately recommence the maintenance thereon as provide in this chapter. All costs shall be the responsibility of the property owner. (Ord. of 9-11-2006)Chapter 26?FIRE PREVENTION AND PROTECTIONARTICLE I.?IN GENERALSec. 26-1.?Firefighters, police officers and others present at scene of fire or explosion.Every person present at the scene of a fire or explosion shall be obedient to the orders of firefighters and law enforcement officers in any matter relating to extinguishing the fire, removal and protection of persons and property endangered by fire, explosion, smoke or water, freedom of fire department and medical personnel and apparatus to perform their duties or to function properly, and the maintenance of order at or near the scene of fire or explosion; and it shall be unlawful for any person to disobey any such order of a firefighter or law enforcement officer. Law enforcement officers shall have authority to arrest persons who disobey such orders and to hold them in custody until the fire has been extinguished or the danger of explosion abated, at which time the violator shall be dealt with according to law. (Code 1984, § 8-1)Sec. 26-2.?Penalty for violation of chapter.A violation of this chapter, unless otherwise provided, shall constitute a Class 3 misdemeanor. (Code 1984, § 8-2)Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). Secs. 26-3—26-30.?Reserved.ARTICLE II.?FIRE DEPARTMENTSec. 26-31.?Authority to adopt constitution and bylaws; approval.(a)The fire department is authorized and empowered to adopt a constitution and bylaws to promote its objectives consistent with the laws of the state and the ordinances of the town. (b)The constitution and bylaws of the fire department and all amendments thereof shall be subject to approval by the town manager and council and become operational only after approval by both. (Code 1984, § 8-16)State law reference(s)—Authority of town to empower fire department to make bylaws, Code of Virginia, § 27-7. Chapter 30?OFFENSESARTICLE I.?IN GENERALSec. 30-1.?Collection by town of cost of transporting prisoners.(a)Notwithstanding any provision of the Charter or any law to the contrary, the town has provided that any person convicted of violating any ordinance of the town may be charged, in addition to all other costs, fines, fees and charges, the costs of transporting such person so convicted to and from a jail or other penal institution outside the corporate limits of the town designated by the town as a place of confinement for persons arrested for violating the ordinances of the town and required to be held in jail pending trial upon such charge. The cost of such transportation shall be taxed as a part of the costs payable by persons convicted of violating such ordinances. (b)No officer transporting any person convicted of violating any ordinance of the town, as provided in subsection (a) of this section, shall charge or be paid, nor shall the town receive directly or indirectly, more than the cost of transporting such person when more than one person is transported. (Code 1984, § 2-1)State law reference(s)—Similar provisions, Code of Virginia, § 19.2-338. Sec. 30-2.?Expectorating in public places.(a)No person shall spit, expectorate or deposit any sputum, saliva, mucus or any form of saliva or sputum upon the floor, stairways or upon any part of any public building or place where the public assemble, or upon the floor of any part of any public conveyance, or upon any sidewalk abutting on any public street, alley or lane of the town. (b)Any person violating any provision of this section shall be guilty of a Class 4 misdemeanor. (Code 1984, § 11-1)Cross reference(s)—Penalty for Class 4 misdemeanor, § 1-15(a)(4). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-322. Secs. 30-3—30-30.?Reserved.ARTICLE II.?OFFENSES AGAINST ADMINISTRATION OF JUSTICESec. 30-31.?Interfering with town officers and employees.(a)It shall be unlawful for any person to resist any officer or obstruct or hinder any employee of the town in the discharge of his duty or any contractor or other person in the execution of any work for the town. (b)A violation of this section shall constitute a Class 1 misdemeanor. (Code 1984, § 11-16)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Interference with administration of justice, Code of Virginia, § 18.2-460. Sec. 30-32.?Resisting or obstructing execution of legal process.Every person acting jointly or in combination with any other person to resist or obstruct the execution of any legal process shall be guilty of a Class 1 misdemeanor. (Code 1984, § 11-17)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-409. Secs. 30-33—30-60.?Reserved.ARTICLE III.?OFFENSES AGAINST THE PERSONSec. 30-61.?Assault and battery.Any person who shall commit a simple assault or assault and battery shall be guilty of a Class 1 misdemeanor. If the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a mandatory, minimum term of confinement of at least six months, 30 days of which shall not be suspended, in whole or in part. (Code 1984, § 11-31)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-57(A). Sec. 30-62.?Use of profane, threatening or indecent language over telephone or citizens band radio.If any person shall use obscene, vulgar, profane, lewd, lascivious or indecent language; or make any suggestion or proposal of an obscene nature; or threaten any illegal or immoral act with the intent to coerce, intimidate or harass any person, over any telephone or citizens band radio in this town, he shall be guilty of a Class 1 misdemeanor. (Code 1984, § 11-32)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-427. Sec. 30-63.?Causing telephone to ring with intent to annoy.(a)Any person who, with or without intent to communicate but with intent to annoy any other person, causes any telephone or digital pager, not his own, to ring or to otherwise signal, and any person who permits or condones the use of any telephone under his control for such purpose shall be guilty of a Class 3 misdemeanor. (b)Any person who, with or without intent to converse, but with intent to annoy, harass, hinder or delay emergency personnel in the performance of their duties as such, causes a telephone to ring, which is owned or leased for the purpose of receiving emergency calls by a public or private entity providing fire, police or emergency medical service, and any person who knowingly permits the use of a telephone under his control for such purpose, shall be guilty of a Class 1 misdemeanor. (Code 1984, § 11-33)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1); penalty for Class 3 misdemeanor, § 1-15(a)(3). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-429. Secs. 30-64—30-90.?Reserved.ARTICLE IV.?OFFENSES AGAINST PROPERTYSec. 30-91.?Trespass on posted property.Any person who goes on the lands, waters, ponds, boats or blinds of another, upon which signs or posters prohibiting hunting, fishing or trapping have been placed in accordance with Code of Virginia, § 18.2-134.1, to hunt, fish or trap except with the written consent of or in the presence of the owner or his agent shall be guilty of a Class 1 misdemeanor. (Code 1984, § 11-46)State law reference(s)—Similar provisions, Code of Virginia, § 18.2-134. Sec. 30-92.?Injuring, etc., any property, monument, etc.(a)If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal, any monument or memorial for war veterans described in Code of Virginia, § 15.2-1812, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of the town, tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the town or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury. (b)If any person intentionally causes such injury, he shall be guilty of a Class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000.00. The amount of loss caused by the destruction, defacing, damage or removal of such property, memorial or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution. (Code 1984, § 11-47)State law reference(s)—Similar provisions, Code of Virginia, § 18.2-137. Sec. 30-93.?Damaging public buildings and property; penalty.(a)Any person who willfully and maliciously breaks any window or door, any courthouse, house of public worship, college, school house, town hall, or other public building or library; damages or defaces any other public building or any statuary in or on any other public buildings or public grounds; or destroys any property in any of such buildings shall be guilty of a Class 1 misdemeanor if the damage is less than $1,000.00. (b)Any person who willfully and unlawfully damages or defaces any book, newspaper, magazine, pamphlet, map, picture, manuscript, or other property located in any library, reading room, museum, or other educational institution shall be guilty of a Class 1 misdemeanor if the damage is less than $1,000.00. (Code 1984, § 11-48)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-138. Sec. 30-94.?Breaking, injuring, defacing, destroying or preventing the operation of vehicle, aircraft or boat.Any person who shall individually or in association with one or more others willfully break, injure, tamper with or remove any part or parts of any vehicle, aircraft, boat or vessel for the purpose of injuring, defacing or destroying such vehicle, aircraft, boat or vessel, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle, aircraft, boat or vessel, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, aircraft, boat or vessel, shall be guilty of a Class 1 misdemeanor. (Code 1984, § 11-49)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-146. Sec. 30-95.?Entering or setting in motion vehicle, aircraft, boat, locomotive or rolling stock of railroad; exceptions.(a)Any person who shall, without the consent of the owner or person in charge of a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, climb into or upon such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with intent to commit any crime, malicious mischief or injury thereto, or who, while a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad is at rest and unattended, shall attempt to manipulate any of the levers and starting crank or other device, brakes or mechanism thereof or to set into motion such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with the intent to commit any crime, malicious mischief or injury thereto, shall be guilty of a Class 1 misdemeanor. (b)The provisions of subsection (a) of this section shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or performance of any other official duty. (Code 1984, § 11-50)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-147. Sec. 30-96.?Carelessly damaging property by fire.If any person carelessly, negligently, or intentionally set any woods or marshes on fire, or set fire to any stubble, brush, straw or any other substance capable of spreading fire on lands, whereby the property of another is damaged or jeopardized, he shall be guilty of a Class 4 misdemeanor and shall be liable for the full amount of all expenses incurred in fighting the fire. (Code 1984, § 11-51)Cross reference(s)—Fire prevention and protection, ch. 26. State law reference(s)—Similar provisions, Code of Virginia, § 18.2-88. Sec. 30-97.?Throwing or depositing certain substances upon highway; removal of such substances.(a)No person shall throw or deposit or cause to be thrown or deposited upon any highway any glass bottle, glass, nail, tack, wire, can, or any other substance likely to injure any person or animal, or damage any vehicle upon such highway, nor shall any person throw or deposit or cause to be thrown or deposited upon any highway any soil, sand, mud, gravel or other substances so as to create a hazard to the traveling public. Any person who drops or throws, or permits to be dropped or thrown, upon any highway any destructive, hazardous or injurious material shall immediately remove such material or cause it to be removed. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. Any persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor. (b)This section shall not apply to the use, by a law enforcement officer while in the discharge of official duties, of any device designed to deflate tires. The state division of purchase and supply shall, pursuant to Code of Virginia, § 2.2-1112, set minimum standards for such devices and shall give notice of such standards to law enforcement offices in the commonwealth. No such device shall be used which does not meet or exceed the standards. (Code 1984, § 11-52)Cross reference(s)—Streets, sidewalks and other public places, ch. 46. State law reference(s)—Similar provisions, Code of Virginia, § 18.2-324. Secs. 30-98—30-130.?Reserved.ARTICLE V.?OFFENSES AGAINST PEACE AND ORDERDIVISION 1.?GENERALLYSec. 30-131.?Disorderly conduct in public places.(a)A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1)In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; (2)Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any meeting of the town council or any political subdivision of this commonwealth or a division or agency thereof, or of any school, literary society or place of religious worship, if the disruption prevents or interferes with the orderly conduct of the meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or (3)Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption prevents or interferes with the orderly conduct of the operation or activity or has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed. (b)However, the conduct prohibited under subsections (a)(1)—(3) of this section shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter. (c)The person in charge of any such building, place, conveyance, meeting, operation or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose. (d)A person violating any provision of this section shall be guilty of a Class 1 misdemeanor. (Code 1984, § 11-66)Cross reference(s)—Streets, sidewalks and other public places, ch. 46. State law reference(s)—Similar provisions, Code of Virginia, § 18.2-415. Sec. 30-132.?Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center, a law enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center. (Code 1984, § 11-67)Cross reference(s)—Streets, sidewalks and other public places, ch. 46. State law reference(s)—Similar provisions, Code of Virginia, § 18.2-388. Secs. 30-133—30-150.?Reserved.DIVISION 2.?RIOT AND UNLAWFUL ASSEMBLYSec. 30-151.?Obstructing free passage of others.Any person who in any public place or on any private property open to the public unreasonably or unnecessarily obstructs the free passage of other persons to and from or within such place or property and who shall fail or refuse to cease such obstruction or move on when requested to do so by the owner or lessee or agent or employee of such owner or lessee or by a duly authorized law enforcement officer shall be guilty of a Class 1 misdemeanor. Nothing in this section shall be construed to prohibit lawful picketing. (Code 1984, § 11-81)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Authority to restrict, Code of Virginia, § 15.2-925; obstructing, 18.2-404. Sec. 30-152.?What constitutes a riot; punishment.(a)Any unlawful use, by three or more persons acting together, of force or violence which seriously jeopardizes the public safety, peace or order is a riot. (b)Every person convicted of participating in any riot shall be guilty of a Class 1 misdemeanor. (Code 1984, § 11-82)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-405. Sec. 30-153.?What constitutes an unlawful assembly; punishment.(a)Whenever three or more persons assembled share the common intent to advance some lawful or unlawful purpose by the commission of an act or acts of unlawful force or violence likely to jeopardize seriously public safety, peace or order, and the assembly actually tends to inspire persons of ordinary courage with well-grounded fear of serious and immediate breaches of public safety, peace or order, then such assembly is an unlawful assembly. (b)Every person who participates in any unlawful assembly shall be guilty of a Class 1 misdemeanor. (Code 1984, § 11-83)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-12(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-406. Sec. 30-154.?Remaining at place of riot or unlawful assembly after warning to disperse.Every person, except the owner or lessee of the premises, his family and nonrioting guests, and public officers and persons assisting them, who remains at the place of any riot or unlawful assembly after having been lawfully warned to disperse shall be guilty of a Class 3 misdemeanor. (Code 1984, § 11-84)Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-407. Sec. 30-155.?Dispersal of unlawful or riotous assemblies; duties of officers.When any number of persons, whether armed or not, are unlawfully or riotously assembled, the police officers of the town shall go among the persons assembled or as near to them as safety will permit and command them in the name of the town immediately to disperse. If upon such command the persons unlawfully assembled do not disperse immediately, the officers may use such force as is reasonably necessary to disperse them and to arrest those who fail or refuse to disperse. To accomplish this end, the law enforcement officers may request and use the assistance and services of private citizens. Every endeavor shall be used by the officers, which can be made consistently with the preservation of life, to induce or force those unlawfully assembled to disperse before an attack is made upon those unlawfully assembled by which their lives may be endangered. (Code 1984, § 11-85)State law reference(s)—Similar provisions, Code of Virginia, § 18.2-411. Sec. 30-156.?Immunity of officers and others in quelling a riot or unlawful assembly.No liability, criminal or civil, shall be imposed upon any person authorized to disperse or assist in dispersing a riot or unlawful assembly for any action of such person which was taken after those rioting or unlawfully assembled had been commanded to disperse, and which action was reasonably necessary under all the circumstances to disperse such riot or unlawful assembly or to arrest those who failed or refused to disperse. (Code 1984, § 11-86)State law reference(s)—Similar provisions, Code of Virginia, § 18.2-412. Sec. 30-157.?Obstructing members of rescue squad in performance of mission.Any person or persons who unreasonably or unnecessarily obstruct a member or members of a rescue squad, whether governmental, private or volunteer, in the performance of their rescue mission or who shall fail or refuse to cease such obstruction or move on when requested to do so by a member of a rescue squad going to or at the site of a rescue mission, shall be guilty of a Class 2 misdemeanor. (Code 1984, § 11-87)Cross reference(s)—Penalty for Class 2 misdemeanor, § 1-15(a)(2). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-414.1. Secs. 30-158—30-190.?Reserved.ARTICLE VI.?OFFENSES AGAINST PUBLIC SAFETYSec. 30-191.?Personal protection; carrying concealed weapons; when lawful to carry.(a)If any person carries about his person, hidden from common observation, any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun-chahka, nun-chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. Any weapon used in the commission of a violation of this section shall be forfeited to the commonwealth and may be seized by an officer as forfeited, and such as may be needed for police officers, conservators of the peace, and the state division of forensic science shall be devoted to that purpose, subject to any registration requirements of federal law, and the remainder shall be disposed of as provided in Code of Virginia, § 18.2-310. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. (b)This section shall not apply to any person while in his own place of abode or the curtilage thereof. Except as provided in Code of Virginia, § 18.2-308(J)(1), this section shall not apply to: (1)Any person while in his own place of business; (2)Any police officers, including capitol police officers, sergeants, sheriffs, deputy sheriffs or regular game wardens appointed pursuant to Code of Virginia, § 29.1-200 et seq.; (3)Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported; (4)Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported; (5)Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported; (6)Campus police officers appointed pursuant to Code of Virginia, § 23-232 et seq.; (7)Any person actually engaged in lawful hunting, as authorized by the state board of game and inland fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions; and (8)Any state police officer retired from the state department of state police, any local law enforcement officer retired from a police department or sheriff's office within the commonwealth and any special agent retired from the state corporation commission or the state alcoholic beverage control board with a service-related disability or following at least 15 years of service with any such law enforcement agency, board or any combination thereof, other than a person terminated for cause, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law enforcement officer of the last such agency from which the officer retired or, in the case of special agents, issued by the state corporation commission or the state alcoholic beverage control board. A copy of the proof of consultation and favorable review shall be forwarded by the chief or the board to the state department of state police for entry into the Virginia Criminal Information Network. The chief law enforcement officer shall not without cause withhold such written proof if the retired law enforcement officer otherwise meets the requirements of this section. For purposes of applying the reciprocity provisions of Code of Virginia, § 18.2-308(P), any person granted the privilege to carry a concealed handgun pursuant to this section, while carrying the proof of consultation and favorable review required, shall be deemed to have been issued a concealed handgun permit. (c)This section shall also not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties: (1)Carriers of the United States mail; (2)Officers or guards of any state correctional institution; (3)Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in Code of Virginia, § 18.2-308(D): a.Notaries public; b.Registrars; c.Drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire; or missioners in chancery; (4)Noncustodial employees of the state department of corrections designated to carry weapons by the director of the state department of corrections pursuant to Code of Virginia, § 53.1-29; (5)Law enforcement agents of the Armed Forces of the United States and federal agents who are otherwise authorized to carry weapons by federal law while engaged in the performance of their duties; (6)Law enforcement agents of the United States Naval Criminal Investigative Service; and (7)Harbormaster of the City of Hopewell. (Code 1984, § 11-101)State law reference(s)—Similar provisions, Code of Virginia, § 18.2-308(A)—(C). Sec. 30-192.?Pointing, holding, or brandishing firearm or object similar in appearance; penalty.(a)It shall be unlawful for any person to point, hold or brandish any firearm, as described in this section, or any object similar in appearance to a firearm, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or parochial elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony. (b)Any police officer, in the performance of his duty in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing or brandishing such firearm, or object which was similar in appearance to a firearm, with intent to induce fear in the mind of another. (c)For purposes of this section the term "firearm" shall mean any weapon in which ammunition may be used or discharged, by explosion or pneumatic pressure. The term "ammunition," as used in this section, shall mean cartridge, pellet, ball, missile or projectile adapted for use in a firearm. (Code 1984, § 11-102)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-282. Sec. 30-193.?Willfully discharging firearms in public places.If any person willfully discharges or causes to be discharged any firearm in any street in the town, or in any place of public business or place of public gathering, he shall be guilty of a Class 1 misdemeanor. This section shall not apply to any law enforcement officer in the performance of his official duties nor to any other person whose willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law. (Code 1984, § 11-103)Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). State law reference(s)—Similar provisions, Code of Virginia, § 18.2-280(A), (D). Sec. 30-194.?Discharge of firearms within the town.If any person willfully discharges or causes to be discharged any firearm within the town, he shall be guilty of a Class 4 misdemeanor. This section shall not apply to any law enforcement officer in the performance of his official duties, nor to any other person whose willful act is otherwise justified or excusable at law in the protection of his life or property specifically authorized by law. In addition, this section shall not apply to any otherwise lawful discharge while actually engaged in target practice on ranges lawfully established and maintained; nor shall it apply to the use of weapons in hunting as described in section 30-195 of this Code, the use of blank ammunition at athletic events, military funerals, theatrical performances or events of similar character. (Code 1984, § 11-104; Ord. of 2-27-06(1))Cross reference(s)—Penalty for Class 1 misdemeanor, § 1-15(a)(1). Sec. 30-195.?Use of weapons in hunting.The provisions of section 30-194 shall not be construed to prohibit the use of shotguns, black-powder guns, rifles with of .22 caliber rim-fire or less, or bows and arrows by persons lawfully engaged in hunting in agricultural zones as defined by the zoning ordinance. Rifles .22 caliber and larger than may be used in agricultural zones in case of attack on livestock. Section 30-194 shall not be construed to prohibit the killing of deer, on land of at least five acres, pursuant to a valid permit from the director of the Department of Game and Inland Fisheries pursuant to the Code of Virginia, § 29.1-529. (Ord. of 2-27-06(1))Secs. 30-196—30-220.?Reserved.ARTICLE VII.?OFFENSES PERTAINING TO MINORSSec. 30-221.?Curfew for persons under 16 years of age.It shall be unlawful for any person under the age of 16 years, not accompanied by a parent or guardian, to frequent or be in public places in the town, whether or not on private property after the hour of 12:00 midnight and before the hour of 5:00 a.m. of the next day. (Code 1984, § 11-121)State law reference(s)—Authority to adopt, Code of Virginia, § 15.2-926. Secs. 30-222—30-229.?Reserved.ARTICLE VIII.?PANHANDLINGSec. 30-230.?Purpose.The purpose of this article and the sections therein is to provide a means of reasonably regulating panhandling within the corporate limits of the Town of Bluefield in order to ensure the safe and free passage to public areas, the safe and free passage of pedestrians and motor vehicles, and the safety and well-being of the citizens of the Town of Bluefield. (Ord. of 3-14-2017)Sec. 30-231.?Authority.This article and the sections therein are adopted pursuant to the authority described in Code of Virginia, §§ 15.2-1102 and 15.2-1700, as amended. (Ord. of 3-14-2017)Sec. 30-232.?Definitions.Aggressive manner means the following conduct: (1)Intentionally making harmful or offensive physical contact with another person; (2)Intentionally blocking the safe or free passage of another person or a motor vehicle; (3)Using obscene or abusive language towards another person under circumstances that would be reasonably calculated to provoke a breach of the peace; or (4)Approaching or following another person in a way that would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon the person or upon property in the person's immediate possession. Panhandle or panhandling means the following conduct: (1)Begging, soliciting, requesting, or asking for money, food, or any other item of value by oral statement, written statement, or physical conduct; or (2)Attempting to obtain compensation for any item or service under circumstance that would lead a reasonable person to conclude the compensation is actually a donation. Public place means any location that is open to the general public and maintained by the Town of Bluefield, the Commonwealth of Virginia, or any political subdivision of the Commonwealth of Virginia. The term "public place" shall be deemed to include, but not be limited to, crosswalks, streets, highways, alleys, walkways, sidewalks, sitting areas, parks, transits, parking lots, buildings, structures, doorways, and monuments. (Ord. of 3-14-2017)Sec. 30-233.?Prohibited acts and penalty.It shall be unlawful for any person, within the corporate limits of the Town of Bluefield, to: (1)Panhandle in an aggressive manner in any public place; or (2)Panhandle in any manner on private property without the permission of the owner, tenant, or lawful occupant of the property. A violation of this section shall constitute a Class 3 misdemeanor. (Ord. of 3-14-2017)Sec. 30-234.?Severability.If any section, provision, or portion of this article is held to be invalid by a court of competent jurisdiction, then that decision shall in no way affect the remaining sections, provisions, or portions of this article. The invalid section, provision, or portion thereof shall be severable. (Ord. of 3-14-2017)Secs. 30-235—30-255.?Reserved.ARTICLE IX.?NOISESec. 30-256.?Purpose.The purpose of this article and the sections therein is to provide a means of reasonably regulating certain noise within the corporate limits of the Town of Bluefield in order to preserve the health, safety, and welfare of the citizens of the Town of Bluefield. (Ord. of 9-12-2017)Sec. 30-257.?Authority.This article and the sections therein are adopted pursuant to the authority described in Code of Virginia, §§ 15.2-980, 15.2-1102, 15.2-1429, and 15.2-100, as amended. (Ord. of 9-12-2017)Sec. 30-258.?Definitions.Device, when used in this article, means any object which is designed, intended, or in fact does produce any noise when operated or used. Instrument, when used in this article, means any musical instrument, radio, compact disc player, amplifier, television set, or other similar device which produces or reproduces noise of any type. Moped, when used in this article, shall have the same meaning as defined in Code of Virginia, § 46.2-100, as amended. Motorcycle, when used in this article, shall have the same meaning as defined in Code of Virginia, § 46.2-100, as amended. Motor vehicle, when used in this article, shall have the same meaning as defined in Code of Virginia, § 46.2-100, as amended. Noise, when used in this article, means the intensity, frequency, duration, or character of sounds from single or multiple sources. Person, when used in this article, means any individual, partnership, corporation, association, society, club, group of people acting in concert, entity, or organization. The term "person" shall not include any governmental entity, governmental agency, or governmental institution. Plainly audible, when used in this article, means when noise can be heard by the human ear without the aid of any hearing aid or faculty. Public property, when used in this article, means any property maintained by a governmental entity, governmental agency, or governmental institution within the corporate limits of the Town of Bluefield. Such term shall be deemed to include, but not be limited to, streets, highways, alleys, walkways, sidewalks, sitting areas, parks, transits, parking lots, buildings, structures, doorways, and monuments. Public activity, when used in this article, means any activity on behalf of or sponsored by a governmental entity, governmental agency, or governmental institution within the corporate limits of the Town of Bluefield. Religious service, religious act, or religious event, when used in this article, means any service, action, activity, or event connected to any religion which is supported by a sincere belief of any person or persons. Sound, when used in this article, means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium, and which propagates at a finite speed. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. (Ord. of 9-12-2017)Sec. 30-259.?Prohibited conduct; penalty.It shall be unlawful for any person, within the corporate limits of the Town of Bluefield, to: (1)Use, operate, utilize, or play any instrument or similar device, between the hours of 10:00 p.m. and 6:00 a.m. eastern standard time, in such a manner (i) that noise produced or reproduced thereby is plainly audible from the inside of a dwelling of another or (ii) that noise produced or reproduced thereby is plainly audible from a distance of at least 150 feet; (2)Use or operate any instrument from the inside of a moped, motor vehicle, or motorcycle when such instrument produces or reproduces noise and is plainly audible from a distance of at least 150 feet; (3)Yell, shout, whistle, or sing, between the hours of 10:00 p.m. and 6:00 a.m. eastern standard time, in such a manner that such yelling, shouting, whistling, or singing (i) is plainly audible from the inside of a dwelling of another or (ii) is plainly audible from a distance of at least 150 feet; or (4)Use, utilize, or operate any pneumatic hammer, chainsaw, or lawnmower, between the hours of 10:00 p.m. and 6:00 a.m. eastern standard time, in such a manner that such pneumatic hammer, chainsaw, or lawnmower (i) is plainly audible from the inside of a dwelling of another or (ii) is plainly audible from a distance of at least 150 feet. A violation of this section shall constitute a Class 3 misdemeanor. In lieu of the criminal penalty set forth in this section, a violation of this section may be punishable by a civil penalty of $50.00. Each day a violation of this section occurs or continues shall constitute a separate and distinct offense, and may be punishable as such. (Ord. of 9-12-2017)Sec. 30-260.?Exceptions.The prohibitions set forth in this article shall not apply to (i) any noise or sound produced or reproduced that is necessary to protect or preserve the property, health, safety, life, or limb of any person; (ii) any noise or sound produced or reproduced that is connected to any public speaking, public assembly, or public expression on public property; (iii) any noise or sound produced or reproduced by any police, fire, emergency, or government employee performing their duties during the course of their employment; (iv) any noise or sound produced or reproduced at a public activity; (v) any noise or sound produced or reproduced during a religious service, religious act, or religious event; (vi) any noise or sound produced or reproduced by a locomotive, railroad equipment, or aircraft; (vii) any noise or sound produced or reproduced by military activities of the Commonwealth of Virginia or the United States of America; (viii) any noise or sound produced or reproduced by a business upon property being actively used for business purposed, manufacturing purposed, or industrial purposes; and (ix) any noise or sound emanating from any area permitted by the Virginia Department of Mines, Minerals and Energy or any division thereof. (Ord. of 9-12-2017)Sec. 30-261.?Enforcement.It shall be the duty of the Police Department of the Town of Bluefield to enforce this article. (Ord. of 9-12-2017)Sec. 30-262.?Severability.If any section, provision, or portion of this article is held to be invalid by a court of competent jurisdiction, then that decision shall in no way affect the remaining sections, provisions, or portions of this article. The invalid section, provision, or portion thereof shall be severable. (Ord. of 9-12-2017)Secs. 30-263—30-293.?Reserved.Chapter 34?PERSONNELARTICLE I.?IN GENERALSecs. 34-1—34-30.?Reserved.ARTICLE II.?PERSONNEL POLICIESDIVISION 1.?GENERALLYSecs. 34-31—34-50.?Reserved.DIVISION 2.?GRIEVANCE PROCEDURESec. 34-51.?Definition of grievance.A grievance shall be a complaint or dispute by an employee relating to employment, including but not necessarily limited to: (1)Disciplinary actions, including dismissals, demotions and suspensions, provided that dismissals shall be grievable whenever resulting from formal discipline or unsatisfactory job performance; (2)The proper application of personnel policies, procedures, rules and regulations, ordinances and statutes; (3)Acts of retaliation as a result of utilization of the grievance procedures or of participation in the grievance of another town employee; (4)Complaints of discrimination on the basis of race, color, creed, political affiliation, age, disability, national origin or sex; (5)Acts of retaliation because the employee has complied with any law of the United States or the state in reporting any violation of such laws to a governmental authority or has sought any change in law before the United States Congress or state general assembly or has reported an incidence of fraud, abuse or gross mismanagement including the rebuttable presumption in Code of Virginia, § 15.2-15071(iv). (6)An arbitrary or capricious performance evaluation. (Code 1984, § 2-471(a))Cross reference(s)—Definitions generally, § 1-2. Sec. 34-52.?Complaints which are not grievable.Management reserves the exclusive right to manage the affairs and operations of the town government. Accordingly, the following complaints are not grievable under this division: (1)Establishment and revision of wages or salaries, position classification or general benefits. (2)Work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of the job content. The measurement and assessment of work activity through a performance evaluation shall not be grievable except where the employee can show that the evaluation was arbitrary or capricious. (3)The contents of personnel policies, procedures, rules and regulations, ordinances and statutes. (4)Failure to be promoted except where the employee can show established promotional policies were not followed or applied fairly. (5)The methods, means and personnel by which such work activities are to be carried on. (6)Termination, layoff, demotion or suspension from duties because of lack of work, reduction in work force or job abolition, except where such action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance. In any grievance brought under this exception, the action shall be upheld upon a showing by the town that: a.There was a valid business reason for the action; and, b.The employee was notified of such reason in writing prior to the effective date of the action. (7)The hiring, promotion, transfer, assignment and retention of employees, provided such actions do not constitute disciplinary actions. (8)The relief of employees from duties in emergencies. (Code 1984, § 2-471(b))State law reference(s)—Similar provisions, Code of Virginia, § 15.2-15072. Sec. 34-53.?Applicability of grievance procedure; exceptions.(a)The grievance procedure in this division shall be applicable to all nonprobationary town employees, except: (1)Appointees of elected groups or individuals; (2)Officials and employees who by Charter or other law serve at the will or pleasure of an appointing authority; (3)Deputies and executive assistants to the chief administrative officer of a locality; (4)Agency heads or chief executive officers of government operations; (5)Employees whose terms of employment are limited by law; (6)Temporary, limited term and seasonal employees; (7)Law enforcement officers as defined in Code of Virginia, § 9.1-500 et seq. whose grievance is subject to the provisions of section _____ and who have elected to proceed pursuant to those provisions in the resolution of their grievance, or any other employee electing to proceed pursuant to any other existing procedure in the resolution of his grievance. (b)The town law enforcement officers have the option of using either the town grievance procedure or the grievance procedure available to law enforcement officers under the provisions of Code of Virginia, § _____, but not both. (Code 1984, § 2-471(c); Ord. of 7-13-1998, § 2-471)State law reference(s)—Similar provisions, Code of Virginia, § 15.2-15073. Sec. 34-54.?Procedure.(a)Generally. Most employee concerns or complaints may be resolved informally through communications between employee and supervisor. Accordingly, employees are encouraged to take their complaints to their immediate supervisor and then to upper management levels to seek a solution. Employees are also encouraged to pursue grievable issues through the grievance procedure and supervisors are to assist them in this process. (b)Management steps.(1)First step: The employees shall identify the grievance verbally to the immediate supervisor in an informal meeting within 30 calendar days after the event or action which is the basis for the grievance. The supervisor shall give a verbal response to the employee within five workdays following the meeting. If a resolution is not reached at this point, the employee shall submit to the supervisor on the appropriate form the nature of the grievance and the specific relief requested within five workdays. The supervisor, in turn, shall give the employee written response on such form within five workdays. (2)Second step: If the first step written response is not accepted, the employee should indicate on the form the desire to have the grievance advanced to the next step. The grievance must be submitted to the town manager's office, within five workdays following receipt of the supervisor's reply. Upon receipt of the form, the town manager shall meet with the employee within five workdays. At this step of the procedure, the employee may have present a representative of his choice. If the employee is represented by legal counsel, management may likewise be represented by counsel. The town manager shall give the employee a second step response in writing within five workdays. (Code 1984, § 2-472)Sec. 34-55.?Appeal process for a nongrievable determination.(a)Determining issues of grievability and determining issues qualifying for a panel hearing shall be as follows: (1)When either the town or the grievant so requests, the town manager shall decide, within ten calendar days of any request, whether or not a matter is grievable. The decision of grievability shall be made subsequent to the reduction of the grievance to writing, but prior to the panel hearing, and a copy of the decision shall be sent to the grievant. The issue of grievability shall be decided prior to the panel hearing or the issue of grievability shall be deemed to be waived. If grievability is not determined by the circuit court during the management steps, the town manager shall make a determination as to whether the grievance qualifies for a panel hearing. If the town manager does not qualify the grievance for a panel hearing, the employee is entitled to appeal that decision to the circuit court for a determination as provided in this section. (2)Decisions of the town manager or his designee may be appealed to the circuit court having jurisdiction in the locality in which the grievant is employed for a hearing on the issue of whether the grievance qualifies for a panel hearing. Proceedings for review of the decision of the town manager or his designee shall be instituted by the grievant by filing a notice of appeal with the town manager within ten calendar days from the date of receipt of the decision and giving a copy thereof to all other parties. Within ten calendar days thereafter, the town manager or his designee shall transmit to the clerk of the court to which the appeal is taken: a copy of the decision of the town manager, a copy of the notice of appeal, and the exhibits. A list of the evidence furnished to the court shall also be furnished to the grievant. The failure of the town manager or his designee to transmit the record shall not prejudice the rights of the grievant. The court, on motion of the grievant, may issue a writ of certiorari requiring the town manager to transmit the record on or before a certain date. (3)Within 30 days of receipt of such records by the clerk, the court, sitting without a jury, shall hear the appeal on the record transmitted by the town manager or his designee and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require. The court may affirm the decision of the town manager or his designee, or may reverse or modify the decision. The decision of the court shall be rendered no later than the 15th day from the date of the conclusion of the hearing. The decision of the court is final and is not appealable. (b)If the employee wishes to advance the grievance to a hearing, the employee must so note on the appropriate form and forward the form to the town manager within five workdays of receipt of the second step reply, whereupon the town manager in turn will within an additional five workdays rule on whether or not the grievance qualifies for a hearing. However, if the town manager does not qualify the grievance for a hearing, the employee may, within five work days of receipt of the decision, appeal to the circuit court for a determination of qualification as provided in subsection (a) of this section. If the grievance is qualified for a hearing, the town manager shall refer this matter to a hearing officer assigned to conduct a grievance hearing. (1)The hearing officer shall set the date, the time and place for the hearing and shall immediately notify the grievant and the town manager of the hearing date. The hearing officer shall conduct the hearing in the town where the grievant is employed unless the parties agree that another location is appropriate. (2)The hearing officer may hold conferences for the settlement or simplification of the issues, dispose of procedural requests, issue orders requiring testimony or the production of evidence, may administer oaths and affirmations, may receive probative evidence, exclude irrelevant, immaterial and insubstantial, privileged or repetitive proofs, rebuttals, or cross examination, rule upon offers of proof, oversee an accurate verbatim recording of the evidence, order appropriate remedies, including reinstatement, back pay, full restitution of fringe benefits and seniority rights, or any combination of these remedies, and may take other actions as necessary or specified in the grievance procedure. (3)The grievant and the town may be represented by legal counsel, or other representation of their choice, at the hearing. Such representative may examine, cross examine, question or present evidence on behalf of the grievant or the town before the hearing officer. (4)The decision of the hearing officer shall be in writing, shall contain findings of fact as to the material issues in the case and the basis for those findings, and shall be final and binding if consistent with law and policy. (5)Either party may petition the circuit court of the county for an order requiring implementation of the hearing officer's decision. In such proceeding, the court may award attorney's fees to either party. (6)The town shall bear the costs of the hearing officer and other associated hearing expenses, except for the fees and costs of employee's counsel or advocate. (Code 1984, § 2-473; Ord. of 7-13-1998, § 2-473)State law reference(s)—Grievance procedure, Code of Virginia, § 15.2-1507. Sec. 34-56.?Procedural compliance.Face to face meetings are required between the employee and the supervisor or manager in the meeting specified in section 34-55. It is important that both the employee filing the grievance and the town observe all of these procedural requirements set forth in section 34-55. After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of the grievance procedure without just cause will result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the noncompliance within five workdays of written notification to the town manager. Failure of either party without just cause to comply with all substantial procedural requirements at the panel hearing shall result in a decision in favor of the other party. Matters relating to procedural compliance shall be referred to a grievance committee as needed. (Code 1984, § 2-475)Sec. 34-57.?Extension of time.The time periods outlined in section 34-56 constitute substantial procedural requirements. However, such time periods may be extended by mutual agreement between the grievant and the appropriate supervisor, manager or town employee to whom the time period is applicable. The panel chair may with just cause extend the time period applicable to the panel. (Code 1984, § 2-476)Sec. 34-58.?Costs.The grievant is responsible for the costs of legal counsel or other representation in the preparation of presentation of the employee's case in all or in any part of the proceedings. (Code 1984, § 2-477; Ord. of 7-13-1998, § 2-477)Sec. 34-59.?Termination of employment.Grievances initiated prior to the termination of employment may, at the employee's option, continue to be processed through the grievance procedure. Former employees may not have access to the town grievance procedure except where the employee is grieving a removal for disciplinary purposes, and further provided such grievance is filed within 30 days of the removal date. (Code 1984, § 2-478)Secs. 34-60—34-80.?Reserved.DIVISION 3.?DEFERRED COMPENSATION PLANSec. 34-81.?Introduction.(a)Established The employer hereby establishes the employer's deferred compensation plan, hereinafter referred to as the "plan." The plan consists of the provisions set forth in this division. (b)Purpose. The primary purpose of the employer's deferred compensation plan is to provide retirement income and other deferred benefits to the employees of the employer in accordance with the provisions of Section 457 of the Internal Revenue Code of 1954, as amended. (c)Agreement between participating parties. The employer's deferred compensation plan shall be an agreement solely between the employer and participating employees. (Code 1984, § 2-490.1)Sec. 34-82.?Definitions.Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this division, have the meanings indicated in this section. The masculine pronoun, whenever used in this division, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise: Account means the bookkeeping account maintained for each participant reflecting the cumulative amount of the participant's deferred compensation, including any income, gains, losses, or increases or decreases in market value attributable to the employer's investment of the participant's deferred compensation, and further reflecting any distributions to the participant or the participant's beneficiary and any fees or expenses charged against such participant's deferred compensation. Administrator means the person named to carry out certain nondiscretionary administrative functions under the plan, as described in this division. The employer may remove any person as administrator upon 60 days' advance notice in writing to such person, in which case the employer shall name another person to act as administrator. The administrator may resign upon 60 days' advance notice in writing to the employer, in which case the employer shall name another person to act as administrator. Beneficiary means the person designated by the participant in his joinder agreement who shall receive any benefits payable under this division in the event of the participant's death. Deferred compensation means the amount of normal compensation otherwise payable to the participant which the participant and the employer mutually agree to defer under this division, any amount credited to a participant's account by reason of a transfer under subsection 34-86(c), or any other amount which the employer agrees to credit to a participant's account. Employee means any individual who provides services for the employer, whether as an employee of the employer or as an independent contractor, and who has been designated by the employer as eligible to participate in the plan. Includable compensation means the amount of an employee's compensation from the employer for a taxable year that is attributable to services performed for the employer and that is includable in the employee's gross income for the taxable year for federal income tax purposes; such term does not include any amount excludable from gross income under this plan or any other plan described in Section 457(b) of the Internal Revenue Code, any amount excludable from gross income under Section 403(b) of the Internal Revenue Code, or any other amount excludable from gross income for federal income tax purposes. Includable compensation shall be determined without regard to any community property laws. Joinder agreement means an agreement entered into between an employee and the employer, including any amendments or modifications thereof. Such agreement shall fix the amount of deferred compensation, specify a preference among the investment alternatives designated by the employer, designate the employee's beneficiary or beneficiaries, and incorporate the terms, conditions and provisions of the plan by reference. Normal compensation means the amount of compensation which would be payable to a participant by the employer for a taxable year if no joinder agreement were in effect to defer compensation under this plan. Normal retirement age means age 70 years, unless the participant has elected an alternate normal retirement age by written instrument delivered to the administrator prior to separation from service. A participant's normal retirement age determines the latest time when benefits may commence under this plan (unless the participant continues employment after normal retirement age), and the period during which a participant may utilize the catch-up limitation of subsection 34-85(b). Once a participant has to any extent utilized the catch-up limitation of subsection 34-85(b), his normal retirement age may not be changed. A participant's alternate normal retirement age may not be earlier than the earliest date that the participant will become eligible to retire and receive unreduced retirement benefits under the employer's basic retirement plan covering the participant and may not be later than the date the participant attains age 70 years. If a participant continues employment after attaining age 70 years, not having previously elected an alternate normal retirement age, the participant's alternate normal retirement age shall not be later than the mandatory retirement age, if any, established by the employer, or the age at which the participant actually separates from service if the employer has no mandatory retirement age. If the participant will not become eligible to receive benefits under a basic retirement plan maintained by the employer, the participant's alternate normal retirement age may not be earlier than attainment of age 55 years and may not be later than attainment of age 70 years. Participant means any employee who has joined the plan pursuant to the requirements of section 34-84. Plan year means the calendar year. Retirement means the first date upon which both of the following shall have occurred with respect to a participant: Separation from service and attainment of normal retirement age. Separation from service means severance of the participant's employment with the employer. A participant shall be deemed to have severed his employment with the employer for purposes of this plan when, in accordance with the established practices of the employer, the employment relationship is considered to have actually terminated. In the case of a participant who is an independent contractor of the employer, separation from service shall be deemed to have occurred when: (1)The participant's contract under which services are performed has completely expired and terminated; (2)There is no foreseeable possibility that the employer will renew the contract or enter into a new contract for the participant's services; and (3)It is not anticipated that the participant will become an employee of the employer. (Code 1984, § 2-490.2)Cross reference(s)—Definitions generally, § 1-2. Sec. 34-83.?Administration.(a)Duties of employer. The employer shall have the authority to make all discretionary decisions affecting the rights or benefits of participants which may be required in the administration of the employer's deferred compensation plan. (b)Duties of administrator. The administrator, as agent for the employer, shall perform nondiscretionary administrative functions in connection with the employer's deferred compensation plan, including the maintenance of participants' accounts, the provision of periodic reports of the status of each account and the disbursement of benefits on behalf of the employer in accordance with the provisions of this plan. (Code 1984, § 2-490.3)Sec. 34-84.?Participation in the plan.(a)Initial participation. An employee may become a participant by entering into a joinder agreement prior to the beginning of the calendar month in which the joinder agreement is to become effective to defer compensation not yet earned. (b)Amendment of joinder agreement. A participant may amend an executed joinder agreement to change the amount of compensation not yet earned which is to be deferred, including the reduction of such future deferrals to zero, or to change his investment preference, subject to such restrictions as may result from the nature or terms of any investment made by the employer. Such amendment shall become effective as of the beginning of the calendar month commencing after the date the amendment is executed. A participant may at any time amend his joinder agreement to change the designated beneficiary and such amendment shall become effective immediately. (Code 1984, § 2-490.4)Sec. 34-85.?Limitations on deferrals.(a)Normal limitation. Except as provided in subsection (b) of this section, the maximum amount of deferred compensation for any participant for any taxable year shall not exceed the lesser of $7,500.00 or 33 ?percent of the participant's includable compensation for the taxable year. This limitation will ordinarily be equivalent to the lesser of $7,500.00 or 25 percent of the participant's normal compensation. (b)Catch-up limitation. For each of the last three taxable years of a participant ending before his attainment of normal retirement age, the maximum amount of deferred compensation shall be the lesser of: (1)Fifteen thousand dollars; or (2)The sum of: a.The normal limitation for the taxable year; and b.That portion of the normal limitation for each of the prior taxable years of the participant commencing after 1978 during which the plan was in existence and the participant was eligible to participate in the plan (or in any other plan established under Section 457 of the Internal Revenue Code by an employer within the same state as the employer) less the amount of deferred compensation for each such prior taxable year (including amounts deferred under such other plan). For purposes of this subsection, a participant's includable compensation for the current taxable year shall be deemed to include any deferred compensation for the taxable year in excess of the amount permitted under the normal limitation, and the participant's includable compensation for any prior taxable year shall be deemed to exclude any amount that could have been deferred under the normal limitation for such prior taxable year. (c)Section 403(b) annuities. For purposes of subsections (a) and (b) of this section, amounts contributed by the employer on behalf of a participant for the purchase of an annuity contract described in Section 403(b) of the Internal Revenue Code shall be treated as if such amounts constituted deferred compensation under this plan for the taxable year in which the contribution was made and shall thereby reduce the maximum amount that may be deferred for such taxable year. (Code 1984, § 2-490.5)Sec. 34-86.?Investments and account values.(a)Investment of deferred compensation. All investments of participants' deferred compensation made by the employer, including all property and rights purchased with such amounts and all income attributable thereto, shall be the sole property of the employer and shall not be held in trust for participants or as collateral security for the fulfillment of the employer's obligations under the plan. Such property shall be subject to the claims of general creditors of the employer, and no participant or beneficiary shall have any vested interest or secured or preferred position with respect to such property or have any claim against the employer except as a general creditor. (b)Crediting of accounts. The participant's account shall reflect the amount and value of the investments or other property obtained by the employer through the investment of the participant's deferred compensation. It is anticipated that the employer's investments with respect to a participant will conform to the investment preference specified in the participant's joinder agreement, but nothing in this section shall be construed to require the employer to make any particular investment of a participant's deferred compensation. Each participant shall receive periodic reports, not less frequently than annually, showing the then-current value of his account. (c)Acceptance of transfers. Pursuant to an appropriate written agreement, the employer may accept and credit to a participant's account amounts transferred from another employer within the same state representing amounts held by such other employer under an eligible state deferred compensation plan described in Section 457 of the Internal Revenue Code. Any such transferred amount shall not be treated as a deferral subject to the limitations of section 34-85; provided, however, that the actual amount of any deferral under the plan from which the transfer is made shall be taken into account in computing the catch-up limitation under subsection 34-85(b). (d)Employer liability. In no event shall the employer's liability to pay benefits to a participant under this section exceed the value of the amounts credited to the participant's account. The employer shall not be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this plan. (Code 1984, § 2-490.6)Sec. 34-87.?Benefits.(a)Retirement benefits and election on separation from service. Except as otherwise provided in this section, the distribution of a participant's account shall commence during the second calendar month after the close of the plan year of the participant's retirement, and the distribution of such retirement benefits shall be made in accordance with one of the payment options described in subsection (b) of this section. Notwithstanding the foregoing, the participant may irrevocably elect within 60 days following separation from service to have the distribution of benefits commence on a date other than that described in the preceding sentence which is at least 60 days after the date such election is delivered in writing to the employer and forwarded to the administrator but not later than 60 days after the close of the plan year of the participant's retirement. (b)Payment options. As provided in subsections (a), (e) and (f) of this section, a participant may elect to have the value of his account distributed in accordance with one of the following payment options; provided that such option is consistent with the limitations set forth in subsection (c) of this section: (1)Equal monthly, quarterly, semiannual or annual payments in an amount chosen by the participant, continuing until his account is exhausted; (2)One lump sum payment; (3)Approximately equal monthly, quarterly, semiannual or annual payments, calculated to continue for a period certain chosen by the participant; (4)Payments equal to payments made by the issuer of a retirement annuity policy acquired by the employer; (5)Any other payment option elected by the participant and agreed to by the employer. A participant's election of a payment option must be made at least 30 days before the payment of benefits is to commence. If a participant fails to make a timely election of a payment option, benefits shall be paid monthly under the option in subsection (b)(3) of this section for a period of five years. (c)Limitation on options. No payment option may be selected by the participant under subsection (b) of this section unless the present value of the payments to the participant, determined as of the date benefits commence, exceeds 50 percent of the value of the participant's account as of the date benefits commence. Present value determinations under this subsection shall be made by the administrator in accordance with the expected return multiples set forth in Section 1.72-9 of the Federal Income Tax Regulations or any successor provision to such regulations. (d)Postretirement death benefits. Should the participant die after he has begun to receive benefits under a payment option, the remaining payments, if any, under the payment option shall be payable to the participant's beneficiary commencing within 60 days after the administrator receives proof of the participant's death, unless the beneficiary elects payment under a different payment option at least 30 days prior to the date that the first payment becomes payable to the beneficiary. In no event shall the employer or administrator be liable to the beneficiary for the amount of any payment made in the name of the participant before the administrator receives proof of death of the participant. Notwithstanding the foregoing, payments to a beneficiary shall not extend over a period longer than: (1)The beneficiary's life expectancy if the beneficiary is the participant's spouse; or (2)Fifteen years if the beneficiary is not the participant's spouse. If no beneficiary is designated in the joinder agreement, or if the designated beneficiary does not survive the participant for a period of 15 days, then the commuted value of any remaining payments under the payment option shall be paid in a lump sum to the estate of the participant. If the designated beneficiary survives the participant for a period of 15 days, but does not continue to live for the remaining period of payments under the payment option (as modified, if necessary, in conformity with the third sentence of this section), then the commuted value of any remaining payments under the payment option shall be paid in a lump sum to the estate of the beneficiary. (e)Preretirement death benefits. Should the participant die before he has begun to receive the benefits provided by subsection (a) or (f) of this section, a death benefit equal to the value of the participant's account shall be payable to the beneficiary commencing no later than 60 days after the close of the plan year in which the participant would have attained normal retirement age. Such death benefit shall be paid in a lump sum unless the beneficiary elects a different payment option within 90 days of the participant's death. A beneficiary who may elect a payment option pursuant to the provisions of the preceding sentence shall be treated as if he were a participant for purposes of determining the payment options available under subsection (b) of this section; provided, however, that the payment option chosen by the beneficiary must provide for payments to the beneficiary over a period no longer than the life expectancy of the beneficiary if the beneficiary is the participant's spouse and must provide for payments over a period not in excess of 15 years if the beneficiary is not the participant's spouse. (f)Disability. In the event a participant becomes disabled before the commencement of retirement benefits under subsection (a) of this section, the participant may elect to commence benefits under one of the payment options described in subsection (b) of this section on the last day of the month following a determination of disability by the employer. The participant's request for such determination must be made within a reasonable time after the impairment which constitutes the disability occurs. A participant shall be considered disabled for purposes of this plan if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or be of long-continued and indefinite duration. The disability of any participant shall be determined in accordance with uniform principles consistently applied and upon the basis of such medical evidence as the employer deems necessary and desirable. (g)Unforeseeable emergencies. In the event an unforeseeable emergency occurs, a participant may apply to the employer to receive that part of the value of his account that is reasonably needed to satisfy the emergency need. If such an application is approved by the employer, the participant shall be paid only such amount as the employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessation of deferral under the plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itself cause severe financial hardship. An unforeseeable emergency shall be deemed to involve only circumstances of severe financial hardship to the participant resulting from a sudden and unexpected illness or accident of the participant or of a dependent (as defined in Section 152(a) of the Internal Revenue Code) of the participant, loss of the participant's property due to casualty, or other similar and extraordinary unforeseeable circumstances arising as a result of events beyond the control of the participant. The need to send a participant's child to college or to purchase a new home shall not be considered unforeseeable emergencies. The determination as to whether such an unforeseeable emergency exists shall be based on the merits of each individual case. (Code 1984, § 2-490.7)Sec. 34-88.?Nonassignability.No participant or beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments under this division, which payments and rights are expressly declared to be nonassignable and nontransferable. (Code 1984, § 2-490.8)Sec. 34-89.?Relationship to other plans and employment agreements.The employer's deferred compensation plan serves in addition to any other retirement, pension, or benefit plan or system presently in existence or hereinafter established for the benefit of the employer's employees, and participation under this division shall not affect benefits receivable under any such plan or system. Nothing contained in the employer's deferred compensation plan shall be deemed to constitute an employment contract or agreement between any participant and the employer or to give any participant the right to be retained in the employ of the employer. Nor shall anything in this division be construed to modify the terms of any employment contract or agreement between a participant and the employer. (Code 1984, § 2-490.9)Sec. 34-90.?Amendment or termination of plan.(a)The employer may at any time amend the employer's deferred compensation plan; provided that it transmits such amendment in writing to the administrator at least 30 days prior to the effective date of the amendment. The consent of the administrator shall not be required in order for such amendment to become effective, but the administrator shall be under no obligation to continue acting as administrator under this division if it disapproves of such amendment. The employer may at any time terminate this plan. (b)The administrator may at any time propose an amendment to the employer's deferred compensation plan by an instrument in writing transmitted to the employer at least 30 days before the effective date of the amendment. Such amendment shall become effective unless, within such 30-day period, the employer notifies the administrator in writing that it disapproves such amendment, in which case such amendment shall not become effective. In the event of such disapproval, the administrator shall be under no obligation to continue acting as administrator under this division. (c)No amendment or termination of the plan shall divest any participant of any rights with respect to compensation deferred before the date of the amendment or termination. (Code 1984, § 2-490.10)Sec. 34-91.?Applicable law.The employer's deferred compensation plan shall be construed under the laws of the state where the employer is located and is established with the intent that it meet the requirements of an "eligible state deferred compensation plan" under Section 457 of the Internal Revenue Code of 1954, as amended. The provisions of this plan shall be interpreted wherever possible in conformity with the requirements of that section. (Code 1984, § 2-490.11)Sec. 34-92.?Participation by independent contractors.Notwithstanding anything to the contrary in the employer's deferred compensation plan, no independent contractor shall become a participant prior to such independent contractor delivering to the employer a ruling from the Internal Revenue Service holding that the compensation of such independent contractor which is deferred under the plan, including any income attributable to the deferred compensation, will be includable in gross income for the taxable year or years in which such amounts are paid or otherwise made available to such independent contractor or such independent contractor's beneficiary in accordance with the terms of the employer's deferred compensation plan. (Code 1984, § 2-490.12)Editor's note(s)—This section contains a rider to the town's deferred compensation plan dated Nov. 14, 1983. ARTICLE III.?MONETARY BONUSESSec. 34-93.?Purpose.The purpose of this article and the sections therein is to furnish the Council of the Town of Bluefield, Virginia, with a means to authorize the Town of Bluefield to pay its employees and officers monetary bonuses. (Ord. of 1-26-2016)Sec. 34-94.?Authority.The statutory authority permitting the governing body of a locality to adopt an ordinance authorizing the payment of monetary bonuses to the locality's employees and officers is described under Code of Virginia, § 15.2-1508, as amended. (Ord. of 1-26-2016)Sec. 34-95.?Monetary bonuses.(a)The Council of the Town of Bluefield, Virginia, authorizes the Town of Bluefield to pay its employees and officers monetary bonuses. Monetary bonuses shall only be paid by the Town of Bluefield after the Council of the Town of Bluefield, Virginia, adopts the specific amounts to be used for monetary bonuses into the annual budget associated with the fiscal year the monetary bonuses are to be paid. After adoption, the Town of Bluefield may pay monetary bonuses in the same manner as the other budgeted items. After adoption, the Town of Bluefield may pay monetary bonuses individually or collectively. The payment of all monetary bonuses by the Town of Bluefield shall be supervised by the town manager. (b)Any monetary bonus paid by the Town of Bluefield prior to the adoption of this article and section, shall be deemed valid if (1) the payment of the monetary bonus was supervised by the town manager or awarded by the Council of the Town of Bluefield, Virginia; (2) the amount paid as a monetary bonus was part of an annual budget adopted by the Council of the Town of Bluefield, Virginia; and (3) the amount paid as a monetary bonus was paid to an employee or officer of the Town of Bluefield. (Ord. of 1-26-2016)Secs. 34-96—34-116.?Reserved.Chapter 38?SALESARTICLE I.?IN GENERALSecs. 38-1—38-30.?Reserved.ARTICLE II.?YARD SALESSec. 38-31.?"Yard sale" defined.A yard sale is any sale conducted on the premises of any residence within the town at which any goods, including but not limited to clothing, appliances, furniture, furnishings and fixtures, are offered for sale to the general public. (Code 1984, § 13-16)Cross reference(s)—Definitions generally, § 1-2. Sec. 38-32.?Permits.Any person desiring to conduct a yard sale within the town shall obtain a permit from the treasurer at least three days prior to the beginning of such sale. Each such permit shall allow the recipient to conduct a yard sale within the town on four specified days, which may or may not be consecutive, during one calendar year at a specified residence within the town. Two such permits shall be issued by the treasurer during any calendar year for a yard sale at a specified residence. Permits shall be issued at a charge of $5.00 to the applicant. (Code 1984, § 13-17; Ord. of 6-10-2014)Sec. 38-33.?Penalty.A violation of this article shall constitute a Class 4 misdemeanor. (Code 1984, § 13-18)Cross reference(s)—Penalty for Class 4 misdemeanor, § 1-15(a)(4). Secs. 38-34—38-60.?Reserved.ARTICLE III.?PEDDLERSSec. 38-61.?Purpose.The purpose of this article and the sections therein is to provide a means of reasonably regulating peddlers within the corporate limits of the Town of Bluefield to ensure the safety and well-being of the citizens of the Town of Bluefield. (Ord. of 3-28-2017)Sec. 38-62.?Authority.This article and the sections therein are adopted pursuant to the authority described in Code of Virginia, § 15.2-913, as amended. (Ord. of 3-28-2017)Sec. 38-63.?Definitions.Chief of police means the Chief of Police of the Town of Bluefield. Harassing or intimidating language means threatening, profane, obscene, or abusive language used under circumstances that would be reasonably calculated to provoke a breach of the peace. Peddler means any person who goes from one place of human habitation to another for the purpose of selling goods, wares, merchandise, services, or accepting subscriptions or orders therefore. Those who sell newspapers or farm fresh products are not included in this definition. Those who legitimately represent governmental, charitable, civic, or religious organizations are not included in this definition. Those otherwise licensed under Code of Virginia, title 38.2, as amended, are not included in this definition. Town manager means the Town Manager of the Town of Bluefield. Treasurer means the Treasurer of the Town of Bluefield. (Ord. of 3-28-2017)Sec. 38-64.?Application for permit.Before a peddler may enter into or upon any place of human habitation within the corporate limits of the Town of Bluefield to sell any goods, wares, merchandise, services, or to accept subscriptions or orders therefore, they shall apply to the chief of police for a permit and pay an application fee of $20.00 to the Town of Bluefield. The following information shall be provided in the application to the chief of police: (1)The name, address, phone number, and date of birth of the applicant; (2)The name and address of the employer or organization, if any, represented; (3)A brief description of the nature of the business and the goods, wares, merchandise, or services to be sold by the applicant; (4)The length of time for which the right to do business is sought; (5)The place where the goods, wares, merchandise, or services to be sold are manufactured, the method of delivery, and the location of the goods, wares, merchandise, or services at the time of application; (6)A photograph of the applicant taken within 30 days prior to application; and (7)A statement as to whether the applicant, as an adult, has ever been convicted of any crime, and if applicable and requested, the nature of the offense, the date and location of the offense, the date of the conviction, and the punishment assessed therefore. The application fee created pursuant to this section shall be paid in full by the applicant to the treasurer, or his/her designee, before the application described in this section may be deemed complete. Upon payment of the said application fee, the treasurer, or his/her designee, shall issue a written receipt to the applicant. Such written receipt, or a copy thereof, may be attached to such application by the applicant as proof of such payment. (Ord. of 3-28-2017)Sec. 38-65.?Forms and procedures to be developed; review of application.The chief of police shall review all applications completed pursuant to section 38-64 of this article, and shall develop all forms and written procedures necessary to a review process. (Ord. of 3-28-2017)Sec. 38-66.?Approval of application; permit to be issued.If, after review, an application completed pursuant to section 38-64 of this article is found to be accurate, complete, and the applicant's business and moral character is found to be satisfactory, then the chief of police shall issue a permit to the applicant. All permits issued hereunder shall include the following information: (1)The applicant's name and address; (2)The name and address of the employer or organization, if any, represented; (3)The goods, wares, merchandise, or services to be sold; (4)The issue date; and (5)The expiration date. No permit issued hereunder shall have an expiration date greater than one calendar year. (Ord. of 3-28-2017)Sec. 38-67.?Denial of application; right of appeal.If, after review, an application completed pursuant to section 38-64 of this article is found to be inaccurate, incomplete, or the applicant's business and moral character is found to be unsatisfactory, then the chief of police shall deny the issuance of a permit. Within ten days of such a denial, the chief of police shall send a notice of denial to the applicant by certified mail with return receipt requested and state therein the basis for the denial. The denial of a permit being issued by the chief of police may be appealed to the town manager. In order to properly preserve such appeal, the applicant shall provide a written notice of appeal to the town manager within 30 days of receiving the notice of denial from the chief of police or the appeal shall be forever barred. Upon a properly preserved appeal, within 30 days of the written notice of appeal being received by the town manager, the application completed pursuant to section 38-64 of this article shall be reviewed by the town manager. If the town manager determines such application was accurate, complete, and that the applicant's business and moral character was satisfactory, then the town manager shall issue the applicant a permit consistent with the requirements of section 38-66 of this article. Nothing herein this section shall be construed to prevent an applicant, who has previously had the issuance of his/her permit denied, from reapplying with the chief of police for the issuance of a permit described in this article. (Ord. of 3-28-2017)Sec. 38-68.?Revocation of permit.Any permit issued to a peddler pursuant to this article may be revoked by the chief of police, or his/her designee, with the concurrence of the town manager, if the chief of police conclusively determines: (1)Such peddler violated any provision of section 38-70 of this article; (2)Such peddler used harassing or intimidating language towards another person or persons while selling or attempting to sell any goods, wares, merchandise, services, or accepting subscriptions or orders therefore; or (3)Such peddler engaged in rude or offensive behavior towards another person or persons while selling or attempting to sell any goods, wares, merchandise, services, or accepting subscriptions or orders therefore. In the event the chief of police, or his/her designee, revokes a permit pursuant to this section, then such revocation shall be effective upon the chief of police, or his/her designee, personally serving such peddler with a notice of revocation or upon such peddler's receipt of a notice of revocation sent by certified mail with return receipt requested, whichever occurs first. The notice of revocation shall state therein the basis for such revocation. Nothing herein this section shall prevent the chief of police, or his/her designee, from contacting a peddler to discuss any complaints made against such peddler in lieu of revoking a permit issued pursuant to this article. A peddler who has had his/her permit revoked by the chief of police or his/her designee may reapply with the chief of police for the issuance of a new permit after the expiration of three months from the date his/her permit was revoked by the chief of police or his/her designee. (Ord. of 3-28-2017)Sec. 38-69.?Identification at request of citizen.Each holder of a permit issued pursuant to this article shall display his/her permit upon the request of any citizen of the Town of Bluefield. (Ord. of 3-28-2017)Sec. 38-70.?Prohibited acts; penalty.No peddler, while within the corporate limits of the Town of Bluefield, shall: (1)Enter into or upon any place of human habitation under false pretenses; (2)Remain inside or upon any place of human habitation after the owner, tenant, or lawful occupant thereof has requested them to leave; (3)Enter into or upon any place of human habitation when the owner or occupant has displayed a "No Soliciting" or "No Trespassing" sign upon the premises; (4)Omit truthful information or provide false information upon an application completed pursuant to section 38-64 of this article; or (5)Enter into or upon any place of human habitation for the purposes of selling any goods, wares, merchandise, services, or accepting subscriptions or orders therefore without a valid permit described in this article. A violation of this section shall constitute a Class 2 misdemeanor. (Ord. of 3-28-2017)Sec. 38-71.?Severability.If any section, provision, or portion of this article is held to be invalid by a court of competent jurisdiction, then that decision shall in no way affect the remaining sections, provisions, or portions of this article. The invalid section, provision, or portion thereof shall be severable. (Ord. of 3-28-2017)Secs. 38-72—38-92.?Reserved.Chapter 42?SOLID WASTEARTICLE I.?IN GENERALSec. 42-1.?Authority of town manager to regulate trash collection.The town manager, by and with the consent and approval of the council, shall be authorized and empowered to draw up rules and regulations pertaining to the collection of trash, refuse and garbage, as may be deemed necessary for the proper carrying out of the provisions of this chapter. (Code 1984, § 9-1)Sec. 42-2.?Cover required on transporting vehicles.No garbage or trash shall be hauled on the streets of the town unless the vehicle transporting such garbage or trash is covered on all sides, the end and the top with such material and in such a manner that no trash or garbage can fall from such vehicle during the transporting process. (Code 1984, § 9-2)State law reference(s)—Construction, maintenance and loading must prevent escape of contents, Code of Virginia, § 46.2-1156. Sec. 42-3.?Tampering with trash containers.It shall be unlawful and constitute a misdemeanor for any person to tamper or in any manner to meddle with any container of any kind or construction used for the containing of garbage or refuse, except the person using such container for containing his garbage or refuse and the employees of the town, duly authorized to collect and dispose of such refuse or garbage. (Code 1984, § 9-3)Sec. 42-4.?Penalty for violation of chapter.A violation of this chapter, unless otherwise provided, shall constitute a Class 3 misdemeanor. (Code 1984, § 9-4)Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). Secs. 42-5—42-30.?Reserved.ARTICLE II.?COLLECTIONSec. 42-31.?Trash receptacles for family dwellings and businesses.(a)All family dwellings shall be required to use appropriate covered containers as receptacles for garbage, trash and other debris as specified in this chapter. (b)All businesses requiring two or more pickups per week shall be required to use regulation containers as receptacles for garbage, trash and other debris as specified in this chapter. (Code 1984, § 9-16)Sec. 42-32.?Placing containers or receptacles for collection.(a)All garbage, ashes and refuse, unless carried away and disposed of by the party creating such garbage, ashes and refuse, shall be set out for collection by the trucks operated by the town for the collection of such garbage, etc., at such places upon the property of the party setting out such garbage, etc., as shall be readily accessible and convenient for collection of such garbage, etc., by the employees of the town delegated to make such collection; and such garbage, ashes and refuse shall be placed in proper and suitable containers or receptacles. (b)Town employees shall not be allowed to enter buildings for removal of garbage or refuse. (Code 1984, § 9-17)Sec. 42-33.?Containers and receptacles generally.(a)Refuse and garbage containers shall be defined as follows: All refuse and garbage containing animal or vegetable matter subject to decay or fermentation shall be placed in a metal, plastic or other rigid waterproof receptacle, to include plastic trash bags of not more than 30 gallons' capacity equipped with a tightfitting cover or to be tied shut, such container and cover to be in such condition as to protect the contents from flies, dogs and rats. (b)All trash, paper, cans, bottles, ashes and other matter not liable to decay or ferment may be placed in an appropriate container provided the container and contents do not weigh more than 75 pounds. Such container must be covered or tightly fastened to prevent scattering of the contents. Receptacles shall be filled not more than level full and must be strong enough to withstand handling by town employees in loading the truck. Paper or cardboard cartons are to be flattened out and securely tied. (c)Covers on all receptacles shall be kept in place except when filling or emptying. (d)No liquid shall be placed in any receptacle. (e)Neither hot ashes nor any combustible material shall be placed in any combustible container. (f)Containers shall not be placed outside of the buildings more than 12 hours before the day of collection in the residential districts, and such containers shall not be so placed until the day on which collection is to be made. (Code 1984, § 9-18; Ord. of 6-28-1999, § 9-18(a))Secs. 42-34—42-60.?Reserved.ARTICLE III.?RATES AND CHARGESSec. 42-61.?Rate for garbage collection.Any household or business that receives water from the town shall pay a rate the equivalent of the residential garbage rate which is on file in the town clerk's office. Chapter 46?STREETS, SIDEWALKS AND OTHER PUBLIC PLACESSec. 46-1.?Use of public rights-of-way by utilities.(a)No person shall be permitted to cross any public right-of-way within the town with any type of pipe, conduit, drain, wire, cable or other apparatus, either above or below ground level, without first obtaining permission from the town manager and submitting in writing, with drawings or plans, the full extent of the proposed project. (b)Any and all proposed crossings shall conform to the following specifications: (1)No apparatus shall cross a public right-of-way above the ground which is not at least 18 feet above the ground or paved surface at all points. (2)No apparatus shall cross a public right-of-way below the ground which is not at least two feet below the ground or paved surface at all points. Exceptions to this specification may be permitted in the case of a drain or sewer which must flow by gravity and enter another drain or sewer at some distant point, which would not be possible under the requirements of this section. If such exceptions are allowed, the drain or sewer in question must be encased in 3,000 pounds per square inch concrete with a minimum thickness of six inches at all points around the pipe or other approved method. (c)Any person who is permitted to install any apparatus below the ground or paved surface of any right-of-way shall be required to restore the surface to a condition equal or better than existed prior to the installation, and he shall maintain the disturbed portion for a period of one year from date of completion of the project in a manner as directed by the town manager. (d)The town reserves the right to establish the amount of bond to be posted by persons crossing public rights-of-way with pipes, etc. (Code 1984, § 14-1)Cross reference(s)—Utilities, ch. 58. State law reference(s)—Public utilities not to use streets without consent, Code of Virginia, § 15.2-2017. Sec. 46-2.?Use of street or sidewalk to sell or display merchandise.(a)It shall be unlawful for any person, unless such person is a member of a civic or charitable organization, to use the streets or sidewalks of the town for the sale or display of goods, wares or merchandise of any kind or character whatsoever, except such persons as have been duly licensed, and have obtained a permit from the town manager to do so. (b)The town manager may issue permits to be issued to any person to use the streets and sidewalks for the purposes set out in subsection (a) of this section when and if, in the discretion of the town manager, such use will not interfere with traffic regulations or the health and safety of the public; and in issuing any such permit, the town manager may include therein such conditions, prohibitions and restrictions as he may deem necessary for the orderly flow of vehicular and pedestrian traffic and for the health and safety of the public. (c)It shall be unlawful for any person to violate or fail to comply with the terms, conditions, prohibitions or restrictions of any such permit. (Code 1984, § 14-2)Cross reference(s)—Sales, ch. 38. Sec. 46-3.?Grade, alignment, etc., of streets, sidewalks, curbs and pavements.(a)When a street line, grade of centerline or curb of any street or sidewalk is established by the council or by a town officer duly designated for such purpose, such grade and alignment shall be official; and no person shall change such grade or alignment so affixed. (b)The situation, range, height, width and pitch of the curb and gutter shall be determined and established by section 70-161 et seq. (Code 1984, § 14-3; Ord. of 4-26-1999, § 14-3)Sec. 46-4.?Construction, repair, etc., of sidewalks and private driveways by individuals.Any person owning, occupying or in charge of any property in the town who is required or holds a permit to construct, maintain, alter or repair any sidewalk on or adjacent to such property or to construct, maintain, alter or repair a private driveway extending from a street onto such property shall, in the performance of such work, comply with all applicable standards and specifications of the town relating to such work. (1)Sidewalk, curb, guttering, drainage ditch and etc. crossings.a.Whenever, in order to provide for an entrance to any property, it is necessary to cross a sidewalk, curb, guttering, drainage ditch, etc., the owner and/or developer of the property, at their own expense, shall provide an entrance approved by the town engineer. b.For crossing any drainage ditch, etc., the owner and/or developer shall provide a pipe or conduit of such size and length as may be specified by the town engineer. Such pipe or conduit may be placed or installed by the town. c.For crossing a sidewalk, curb, guttering, etc. which has been previously constructed, the owner and/or developer shall remove and replace so much of the sidewalk, curb, guttering, etc., as may be necessary to provide a suitable entrance subject to the specifications, supervision and inspection of the town engineer. No such entrance shall be constructed until a written permit has been obtained from the town engineer. (2)Connection of commercial entrances with improved streets.a.The town engineer shall permit, at places where entrances to commercial establishments are desired to intersect improved streets, suitable connections from such point of intersection over and across the shoulders and unimproved part of such streets to the paved or otherwise improved parts of such streets, so as to provide for the users of such entrances safe and convenient means of ingress and egress with motor vehicles to and from the paved or otherwise improved parts of the streets. b.Any person and/or developer desiring an entrance referred to in subsection (2)a of this section shall first be required to obtain a permit therefor from the town engineer, shall provide the entrance at his own expense and shall construct the entrance, including such safety structures as required by the town engineer. c.All commercial entrances, whether or not constructed under this section, shall be maintained by the owner of the premises at all times in a manner satisfactory to the town engineer. (Code 1984, § 14-4; Ord. of 4-26-1999, § 14-4)Chapter 50?TAXATIONARTICLE I.?IN GENERALSec. 50-1.?Payment of administrative fees, attorney's fees and collection of agency's fees to cover the cost associated with the collection of delinquent taxes.Any person liable for any local taxes, to include a nuisance abatement lien owing to the town, who fails to pay the taxes on or before the due date, shall, in addition to all penalties and interest, pay a fee to cover the administrative costs associated with the collection of delinquent taxes. Such fee shall be imposed no earlier than 30 days after notice of the delinquency has been sent to the taxpayer and shall be equal to the maximum amounts allowed by Code of Virginia, § 58.1-3958, as amended, or such other Virginia statute regulating the amount of such fees or covering the subject of fees in such cases. If the collection activity is to collect on a nuisance abatement lien, the fee for administrative cost shall be $150.00 or 25 percent of the costs, whichever is less; however, in no event shall the fee be less than $25.00. In addition to the administrative fee, the financial director may add to the delinquent tax bill, any collection agency's fees or attorney's fees actually contracted for, not to exceed 20 percent of the delinquent tax bill. (Ord. of 6-25-2013)Secs. 50-2—50-30.?Reserved.ARTICLE II.?REAL ESTATE TAXDIVISION 1.?GENERALLYSecs. 50-31—50-50.?Reserved.DIVISION 2.?EXEMPTION FOR ELDERLYSec. 50-51.?Definitions.For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section: Affidavit means the real estate exemption affidavit. Dwelling means the sole dwelling of the person claiming exemption. Exemption means exemption from the town real estate tax according to the provisions of this division. Property means real property. Relative means relation by blood or marriage. Taxable year means the calendar year, from January 1 until December 31, for which exemption is claimed. Total combined financial worth means all assets of the owners of the dwelling who reside therein, including equitable interests, excluding the value of the dwelling and the land, not to exceed one acre upon which it is situated. Total combined income means the income during the immediately preceding calendar year from all sources of the owners of the dwelling living therein and of the owners' relatives living in the dwelling provided that the first $4,000.00 of income of each relative, other than the spouse, of the owner or owners, who is living in the dwelling shall not be included in such total. (Code 1984, § 16-16)Cross reference(s)—Definitions generally, § 1-2. Sec. 50-52.?Exemption authorized; effective date.Real estate tax exemption for a dwelling and the land on which it is situated, up to a maximum of one acre, is provided for qualified property owners who are not less than 65 years of age and who are eligible according to the terms of this division. (Code 1984, § 16-17; Ord. of 2-27-2006(2))Sec. 50-53.?Administration of the exemption.The real estate tax exemption shall be administered by the treasurer according to the provisions of this division. The treasurer is hereby authorized and empowered to adopt, promulgate and enforce rules and regulations in conformance with the provisions of this division, including the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemption as specified by this division. The treasurer may require certified tax returns and appraisal reports to establish income and/or financial worth. (Code 1984, § 16-18; Ord. of 2-27-2006(2))Sec. 50-54.?Requirements for exemption.Real estate tax exemptions under this division shall be granted to persons subject to all of the following provisions: (1)The title of the property for which exemption is claimed is held, or partially held, on January 1 of the taxable year, by the person claiming exemption. (2)The person claiming exemption occupying the dwelling and owning title or partial title thereto is 65 years of age or older on December 31 of the year immediately preceding the taxable year. (3)The total combined income of the applicant, spouse and relatives cannot be over $20,000.00. (Does not include the first $4,000.00 of each relative living in the house.) (4)The total combined financial worth shall include all assets (excluding primary residence and up to one acre adjoining) of the owner of the dwelling who resides therein, as of December 31 of the past year, and cannot exceed $75,000.00. (5)The applicant has resided in the Town of Bluefield, Virginia, for the last five years, not including the taxable year. (6)The applicant shall file an affidavit each year, with the town treasurer as to their qualifications under this section after January 1 prior to April 1 of the taxable year. (Code 1984, § 16-19; Ord. of 2-23-1998, § 16-19; Ord. of 2-27-2006(2))State law reference(s)—Town may specify lower income and financial worth amounts, Code of Virginia, § 58.1-3212. Sec. 50-55.?Changes in ownership, income for financial worth.Any change in respect to total combined income, total combined financial worth, ownership of dwelling exempted, or other factors which occur during the taxable year for which the affidavit is filed, and which has the effect of exceeding or violating the limitations and conditions of this division, shall nullify any exemptions for the current taxable year and the taxable year immediately following. Any change in ownership to a spouse, when such changes result solely from the death of the qualified individual, shall result in a prorated exemption for the then-current taxable year. Such prorated portions shall be determined by multiplying the amount of the exemption by a fraction wherein the number of complete months of the year such property was properly eligible for such exemption is the numerator and the number 12 is the denominator. (Code 1984, § 16-20; Ord. of 2-27-2006(2))State law reference(s)—Similar provisions, Code of Virginia, § 58.1-3215. Sec. 50-56.?Amount of exemption.Persons qualifying for exemptions as set forth in section 50-54 shall be exempt from real estate taxes under the provisions of this division for any year in which proper application is made; provided that if the ownership of the property for which application for exemption is made is not solely held by the applicant, or jointly with the applicant's spouse, then the amount of the tax exemption under this division shall be in proportion to the applicant's ownership interest in the subject real property, as the ownership interest may appear; and any exemption under this division is limited as follows: (1)Total combined income not exceeding $6,000.00. Total exemption on house and lot or one acre as the case may be. (2)Total combined income between $6,001.00 and $15,000.00. Exemption up to $200.00 on house and lot or one acre, as the case may be. (Code 1984, § 16-21; Ord. of 2-23-1998, § 16-21)Sec. 50-57.?Violations.Any person or persons falsely claiming an exemption under this division shall be guilty of a Class 3 misdemeanor. (Code 1984, § 16-22)Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). Sec. 50-58.?Filing dates.The affidavit for real estate exemptions shall be filed in the office of the treasurer after January 1 of each year but before April 1 of each year for which such exemption is claimed. (Code 1984, § 16-23)State law reference(s)—Filing dates, Code of Virginia, § 58.1-3213(E). Sec. 50-59.?Absence from residence.The fact that persons who are otherwise qualified for tax exemptions are residing in hospitals, nursing homes, convalescent homes or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which the tax exemption is sought does not continue to be the sole dwelling of such persons during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. (Code 1984, § 16-24)State law reference(s)—Similar provisions, Virginia Code, §§ 58.1-3215, 58.1-3213(D), 58.1-3214. Secs. 50-60—50-90.?Reserved.ARTICLE III.?LICENSE TAXESDIVISION 1.?GENERALLYSec. 50-91.?Statement of policy.It is the purpose and policy of the council in enacting this article, imposing license taxes for the privilege of conducting business and engaging in certain professions, trades and occupations in the town, to equalize as far as practicable the burden of such taxation among those hereby liable thereto by adopting, for general application, but subject to any restrictions or exceptions imposed by state or federal law, or to any restrictions or exceptions as may be imposed specifically in this article, a system of license taxes measured by classified gross receipts of the business, profession, trade or occupation in respect to which the tax is levied. The license tax shall be for the support of the town government and for the payment of the debt of the town. All ordinances in conflict with this article are hereby repealed. (Code 1984, § 16-36)Sec. 50-92.?Definitions.The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Affiliated group means: (1)One or more chains of corporations subject to inclusion connected through stock ownership with a common parent corporation which is a corporation subject to inclusion if: a.Stock possessing at least 80 percent of the voting power of all classes of stock and at least 80 percent of each class of the nonvoting stock of each of the corporations subject to inclusion, except the common parent corporation, is owned directly by one or more of the other corporations subject to inclusion; and b.The common parent corporation directly owns stock possessing at least 80 percent of the voting power of all classes of stock and at least 80 percent of each class of the nonvoting stock of at least one of the other subject to inclusion corporations. As used in this subsection, the term "stock" does not include nonvoting stock which is limited and preferred as to dividends; the term "corporation subject to inclusion" means any corporation within the affiliated group irrespective of the state or country of its incorporation; and the term "receipts" includes gross receipts and gross income. (2)Two or more corporations if five or fewer persons who are individuals, estates or trusts own stock possessing: a.At least 80 percent of the total combined voting power of all classes of stock entitled to vote or at least 80 percent of the total value of shares of all classes of the stock of each corporation; and b.More than 50 percent of the total combined voting power of all classes of stock entitled to vote or more than 50 percent of the total value of shares of all classes of stock of each corporation, taking into account the stock ownership of each such person only to the extent such stock ownership is identical with respect to each such corporation. When one or more of the corporations subject to inclusion, including the common parent corporation, is a nonstock corporation, the term "stock," as used in this subsection, shall refer to the nonstock corporation membership or membership voting rights, as is appropriate to the context. (3)Two or more entities if such entities satisfy the requirements in subsection (1) or (2) of this definition as if they were corporations and the ownership interests therein were stock. Assessment means a determination as to the proper rate of tax, the measure to which the tax rate is applied, and ultimately the amount of tax, including additional or omitted tax, that is due. An assessment shall include a written assessment made pursuant to notice by the treasurer or a self-assessment made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made by the treasurer when a written notice of assessment is delivered to the taxpayer by the treasurer or an employee of the treasurer, or mailed to the taxpayer at his last known address. Self-assessments shall be deemed made when a return is filed, or if no return is required, when the tax is paid. A return filed or tax paid before the last day prescribed by ordinance for the filing or payment thereof shall be deemed to be filed or paid on the last day specified for the filing of a return or the payment of tax, as the case may be. Base year means the calendar year preceding the license year, except for contractors subject to the provisions of Code of Virginia, § 58.1-3715 or unless the local ordinance provides for a different period for measuring the gross receipts of a business, such as for beginning businesses or to allow an option to use the same fiscal year as for federal income tax purposes. Business means a course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. The term "business" implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person may be engaged in more than one business. The following acts shall create a rebuttable presumption that a person is engaged in a business: (1)Advertising or otherwise holding oneself out to the public as being engaged in a particular business; or (2)Filing tax returns, schedules and documents that are required only of persons engaged in a trade or business. Definite place of business means an office or a location at which occurs a regular and continuous course of dealing for 30 consecutive days or more. A definite place of business for a person engaged in business may include a location leased or otherwise obtained from another person on a temporary or seasonal basis and real property leased to another. A person's residence shall be deemed to be a definite place of business if there is no definite place of business maintained elsewhere and the person is not subject to licensure as a peddler or itinerant merchant. Entity means a business organization, other than a sole proprietorship, that is a corporation, limited liability company, limited partnership, or limited liability partnership duly organized under the laws of the commonwealth or another state. Financial services means the buying, selling, handling, managing, investing, and providing of advice regarding money, credit, securities, or other investments. Gross receipts means the whole, entire, total receipts, without deduction. License year means the calendar year for which a license is issued for the privilege of engaging in business. Professional services means services performed by architects, attorneys at law, certified public accountants, dentists, engineers, land surveyors, surgeons, veterinarians, and practitioners of the healing arts (the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities) and such occupations, and no others, as the state department of taxation may list in the BPOL guidelines promulgated pursuant to Code of Virginia, § 58.1-3701. The state department of taxation shall identify and list each occupation or vocation in which a professed knowledge of some department of science or learning, gained by a prolonged course of specialized instruction and study, is used in its practical application to the affairs of others, either advising, guiding, or teaching them, and in serving their interests or welfare in the practice of an art or science founded on it. The term "profession" implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others rather than for personal profit. Purchases means all goods, wares and merchandise received for sale at each definite place of business of a wholesale merchant. The term "purchases" shall also include the cost of manufacture of all goods, wares and merchandise manufactured by any wholesale merchant and sold or offered for sale. A wholesale merchant may elect to report the gross receipts from the sale of manufactured goods, wares and merchandise if it cannot determine the cost of manufacture or chooses not to disclose the cost of manufacture. Real estate services means providing a service with respect to the purchase, sale, lease, rental, or appraisal of real property. Retail sales means the sale of goods, wares and merchandise for any purpose other than resale, but not including sales at wholesale to institutional, commercial and industrial users. Services means things purchased by a customer which do not have physical characteristics or which are not goods, wares, or merchandise. Wholesaler and wholesale merchant mean any person or merchant who sells wares and merchandise for resale by the purchaser, including sales with the goods, wares and merchandise will be incorporated into goods and services for sale, and also includes sales to institutional, commercial and industrial users which because of the quantity, price, or other terms indicate that they are consistent with sales at wholesale. (Code 1984, § 16-37)Cross reference(s)—Definitions generally, § 1-2. State law reference(s)—Definitions and rules of construction generally, § 58.1-3700.1. Sec. 50-93.?Situs of gross receipts.(a)General rule. Whenever the tax imposed by this article is measured by gross receipts, the gross receipts included in the taxable measure shall be only those gross receipts attributed to the exercise privilege subject to licensure at a definite place of business within this jurisdiction. In the case of activities conducted outside of a definite place of business, such as during a visit to a customer location, the gross receipts shall be attributed to the definite place of business from which such activities are initiated, directed or controlled. The situs of gross receipts for different classifications of business shall be attributed to one or more definite places of business or offices as follows: (1)The gross receipts of a contractor shall be attributed to the definite place of business at which his services are performed, or if his services are not performed at any definite place of business, then the definite place of business from which his services are directed or controlled unless the contractor is subject to the provisions of Code of Virginia, § 58.1-3715. (2)The gross receipts of a retailer or wholesaler shall be attributed to the definite place of business at which sales solicitation activities occur, or if sale solicitation activities do not occur at any definite place of business, then the definite place of business from which sales solicitation activities are directed or controlled; however, a wholesaler or distribution house subject to a license tax measured by purchases shall determine the situs of its purchases by the definite place of business at which or from which deliveries of the purchased goods, wares and merchandise are made to customers. Any wholesaler who is subject to license tax in two or more localities and who is subject to multiple taxation because the localities are different measures may apply to the state department of taxation for a determination as to the proper measure of purchases and gross receipts subject to license tax in each locality. (3)The gross receipts of a business renting tangible personal property shall be attributed to the definite place of business from which the tangible personal property is rented, or if the property is not rented from any definite place of business at which the rental of such property is managed. (4)The gross receipts from the performance of personal services shall be attributed to the definite place of business at which the services are performed, or if not performed at any definite place of business, then the definite place of business from which the services are directed or controlled. (b)Apportionment. If the licensee has more than one definite place of business and it is impractical or impossible to determine to which definite place of business gross receipts should be attributed under the general rule, the gross receipts of the business shall be apportioned between the definite places of businesses on the basis of payroll. Gross receipts shall not be apportioned to a definite place of business unless some activities under the applicable general rule occurred at, or were controlled from, such definite place of business. Gross receipts attributable to a definite place of business in another jurisdiction shall not be attributed to this jurisdiction solely because the other jurisdiction does not impose a tax on the gross receipts attributable to the definite place of business in such other jurisdiction. (c)Agreements. The treasurer may enter into agreements with any other political subdivision of the state concerning the manner in which gross receipts shall be apportioned among definite places of business. However, the sum of the gross receipts apportioned by the agreement shall not exceed the total gross receipts attributable to all of the definite places of business affected by the agreement. Upon being notified by a taxpayer that its method of attributing gross receipts is fundamentally inconsistent with the method of one or more political subdivisions in which the taxpayer is licensed to engage in business and that the difference has, or is likely to result in taxes on more than 100 percent of its gross receipts from all locations in the affected jurisdictions, the treasurer shall make a good faith effort to reach an apportionment agreement with the other political subdivisions involved. If an agreement cannot be reached, either the treasurer or taxpayer may seek an advisory opinion from the state department of taxation pursuant to Code of Virginia, § 58.1-3701; notice of the request shall be given to the other party. Notwithstanding the provisions of Code of Virginia, § 58.1-3993, when a taxpayer has demonstrated to a court that two or more political subdivisions of the state have assessed taxes on gross receipts that may create a double assessment with the meaning of Code of Virginia, § 58.1-3986, the court shall enter such orders pending resolution of the litigation as may be necessary to ensure that the taxpayer is not required to pay multiple assessments even though it is not then known which assessment is correct and which is erroneous. (Code 1984, §§ 16-37, 16-38(a)—(c); Ord. of 4-23-2001, § 16-38)State law reference(s)—Similar provisions, Code of Virginia, § 58.1-3703.1. Sec. 50-94.?Exclusions and deductions from gross receipts.Gross receipts for license tax purposes shall not include any amount required to be exempted or excluded by state law. (Code 1984, § 16-38(d))State law reference(s)—Exclusions and exemptions, Code of Virginia, §§ 58.1-3732—58.1-3732.4. Sec. 50-95.?License tax year.For each year beginning January 1 and ending December 31, until otherwise changed, there are hereby levied and there shall be collected the annual license taxes as set forth in this article. (Code 1984, § 16-39)Sec. 50-96.?Procedure for obtaining license; penalty for failure to obtain license.(a) (1) Unless exempted by law, every person shall annually apply in writing for a license for each business or profession when engaging in a business in this jurisdiction if: a.The person has a definite place of business in this jurisdiction; b.There is no definite place of business anywhere and the person resides in this jurisdiction; or c.There is no definite place of business in this jurisdiction but the person operates amusement machines or is classified as an itinerant merchant, peddler, carnival, circus, or contractor subject to Code of Virginia, § 58.1-3715, as amended. (2)A separate license shall be required for each definite place of business and for each business. (3)A person engaged in two or more businesses or professions carried on at the same place of business may elect to obtain one license for all such businesses and professions if all the following criteria are satisfied: a.Each business or profession is subject to licensure at the location and has satisfied all requirements imposed by state law or other provisions of the ordinances of this jurisdiction; b.All of the businesses or professions are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be taxed on all businesses and professions at the highest tax rate; and c.The tax payer agrees to supply such information as the town treasurer may require concerning the nature of the several businesses and their gross receipts. (b)Upon receipt of such written application, the town treasurer shall furnish license application forms in triplicate, which forms shall state the following: (1)The definite place or house where the business, employment, or profession is to be prosecuted; (2)The name and residence address of the applicant; (3)Whether the applicant is an individual, a firm or a corporation, whether domestic or foreign, and if foreign, the date of its authority to do business in the state as issued by the state corporation commission; (4)The nature of the business, employment or profession for which the applicant for a license is made; (5)The number of years the applicant has prosecuted in this town such a business, employment or profession in appropriate cases, the amount of gross receipts of such business, profession, trade or occupation for the last preceding year, except as in the case of beginning business as defined in this article; and (6)Such other information as may be required by the town treasurer. (c)Every applicant for a license shall have incorporated therein or annexed thereto the affidavit of the applicant to the effect that the statements contained in the application are true: (1)If the applicant is an individual, the affidavit must be made by him; (2)If the applicant is a firm, by one of the members; and (3)If the applicant is a corporation, by the officer having knowledge of the correctness of the statements made in the application. (d)Upon the receipt of every application for a license, the town treasurer, if satisfied of its correctness, shall compute the tax and shall issue a license to the applicant to prosecute the business, employment, or profession named in the application. No license issued by the town treasurer shall be valid nor have any legal effect unless and until the tax prescribed by this article is paid to the town treasurer; proof of such payment shall appear on the face of the license. No license issued by the town treasurer shall be valid nor have any legal effect for a period greater than one year from the issue date. The town treasurer shall retain two copies of the completed license application form and furnish the applicant with the original, the license being noted thereon. (e)The town treasure shall furnish the license with such tag, button or sign as may be appropriate for display as evidence that a valid license has been issued. (f)A separate license shall be obtained by each member of a firm or company of persons practicing any profession or calling which is regulated by the laws of the state for practicing of which professions or calling a license is required by this article. (g)It shall be unlawful for any individual, person, business, or entity, who is not otherwise exempted by law, to transact, conduct, or engage in any activity for which a license tax is required under this article without first obtaining a valid license from the town treasurer, or after having obtained the necessary license, to continue to do so for longer than one month after the expiration thereof. (1)A violation of this subsection shall constitute a Class 3 misdemeanor; (2)Each day a violation hereunder occurs or continues shall constitute a separate and distinct offense; and (3)A conviction for such offense shall not relieve any person from the payment of any license tax required by this article. (Code 1984, § 16-40; Ord. of 4-23-2001, § 16-40; Ord. of 3-27-2018(1))State law reference(s)—License requirement, Code of Virginia, § 58.1-3703.1(1). Sec. 50-97.?Display of licenses.The license form, button or sign issued to show payment of the license taxes imposed by any section of this article shall be displayed in a conspicuous place at the regular place of business of the licensee, which license shall be produced by the licensee on the request of any authorized enforcement officer of the town for his inspection. All licensees who maintain no regular place of business shall carry on or about their persons the license form, button or sign issued to show payment of the license tax, which license form, button or sign shall be produced by the licensee on request of any authorized enforcement officer for his inspection. (Code 1984, § 16-41)Sec. 50-98.?Dates for payment of license tax; penalties for nonpayment.(a)Each person subject to a license tax shall apply for a license prior to beginning business if he was not subject to licensure in this jurisdiction on or before January 1 of the license year, or no later than March 1 of the license year if he had been issued a license for the proceeding year. The application shall be on forms prescribed by the treasurer. (b)The tax shall be paid with the application in the case of any license not based on gross receipts. If the tax is measured by the gross receipts of the business, the tax shall be paid on or before April 15, or 30 more days after beginning business, at the town's option. (c)The treasurer may grant an extension of time in which to file an application for a license, for reasonable cause. The extension may be conditioned upon the timely payment of a reasonable estimate of the appropriate tax, this tax is then subject to adjustment to the correct tax at the end of the extension, together with interest from the due date until the date paid and, if the estimate submitted with the extension is found to be unreasonable under the circumstance, a penalty of ten percent of the portion paid after the due date. (d)A penalty of ten percent of the tax may be imposed upon the failure to file an application or the failure to pay the tax by the appropriate due date. Only the late filing penalty shall be imposed by the treasurer if both the application and payment are late; however, both penalties may be assessed if the treasurer determines that the taxpayer has a history of noncompliance. In the case of an assessment of additional tax made by the treasurer, if the application and, if applicable, the return were made in good faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer, there shall be no late payment penalty assessed with the additional tax. If any assessment or tax by the treasurer is not paid within 30 days, the treasurer may impose a ten percent late payment penalty. If the failure to file or pay was not the fault of the taxpayer, the penalty shall not be imposed, or if imposed, shall be abated by the official who assessed them. In order to demonstrate lack of fault, the taxpayer must show that he acted responsibly and that the failure was due to the events beyond his control. For the purposes of this subsection, the following definitions shall apply: Acted responsibly means that the taxpayer: (1)Exercised the level or reasonable care that a prudent person would exercise under the circumstances in determining the filing obligations for the business; and (2)Undertook significant steps to avoid or mitigate the failure, such as requesting appropriate extensions, attempting to prevent a foreseeable impediment, acting to remove an impediment once it occurred, and promptly rectifying a failure once the impediment was removed or the failure discovered. Events beyond the taxpayer's control includes, but is not limited to: (1)The unavailability of records due to fire or other casualty; (2)The unavoidable absence (e.g., due to death or serious illness) of the person with the sole responsibility for tax compliance; or (3)The taxpayer's reasonable reliance in good faith upon erroneous written information from the treasurer, who was aware of the relevant facts relating to the taxpayer's business when he provided the erroneous information. (e)Interest shall be charged on the late payment of the tax from the due date until the date paid without regard to fault or other reason for the late payment. Whenever an assessment of additional or omitted tax by the treasurer is found to be erroneous, all interest and any penalties charged and collected on the amount of the assessment found to be erroneous shall be refunded together with interest on the refund from the date of the payment or the due date, whichever is later. Interest shall be paid on the refund of any BPOL tax from the date of payment or due date, whichever is later, whether attributable to an amended return or other reason. Interest on any refund shall be paid at the same rate charged under Code of Virginia, § 58.1-3916. (f)No interest shall accrue on an adjustment of estimated tax liability to actual liability at the conclusion of a base year. No interest shall be paid on a refund or charged on a late payment, provided the refund or the late payment is made not more than 30 days from the date of the payment that created the refund or the due date of the tax, whichever is later. (Code 1984, § 16-42; Ord. of 4-23-2001, § 16-42(a)—(f))State law reference(s)—Similar provisions, Code of Virginia, § 58.1-3703(2). Sec. 50-99.?Enforcement and collection of taxes and penalty.The taxes and penalty provided in this article shall be assessed against such person and collection thereof enforced in the manner provided by law for the enforcement of the collection of other taxes. In such case if such person shall, on demand, fail or refuse to file with the town treasurer the information necessary to enable him to assess a license tax according to the basis provided by this article, the town treasurer shall assess such license tax upon the best information he can obtain, adding thereto the penalty prescribed by this article. (Code 1984, § 16-42; Ord. of 4-23-2001, § 16-42(g))Sec. 50-100.?Recordkeeping and audits.Every person who is assessable with a local license tax shall keep sufficient records to enable the treasurer to verify the correctness of the tax paid for the license years assessable and to enable the treasurer to ascertain what is the correct amount of tax that was assessable for each of those years. All such records, books of accounts and other information shall be open to inspection and examination by the treasurer in order to allow the treasurer to establish whether a particular receipt is directly attributable to the taxable privilege exercised within this jurisdiction. The treasurer shall provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are maintained there. In the event the records are maintained outside this jurisdiction, copies of the appropriate books and records shall be sent to the treasurer's office upon demand. (Code 1984, § 16-43)State law reference(s)—Similar provisions, Code of Virginia, § 58.1-3703.1(6). Sec. 50-101.?Limitations and extensions.The enforcement of the provisions of this article, including limitations with respect thereto, the correction of any assessment under this article, and any appeal by this jurisdiction or a correction made by its treasurer or by any person assessed with taxes under and aggrieved by such assessment, shall be pursuant to Code of Virginia, § 58.1-3703, provided, however: (1)Where, before the expiration of the time prescribed for the assessment of any license tax imposed pursuant to this article, both the treasurer and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. (2)Notwithstanding Code of Virginia, § 58.1-3903, the treasurer shall assess the local license tax omitted because of fraud or failure to apply for a license for the current license year and the six preceding license years. (3)The period for collecting any local license tax shall not expire prior to the period specified in Code of Virginia, § 58.1-3940, two years after the date of assessment if the period for assessment has been extended pursuant to this subsection, two years after the final determination of an appeal for which collection has been stayed, or two years after the final decision in a court application pursuant to Code of Virginia, § 58.1-3984 or a similar law for which collection has been stayed, whichever is later. (Code 1984, § 16-46; Ord. 4-23-2001, § 16-46(1)—(3))State law reference(s)—Limitations and extensions, Code of Virginia, § 58.1-3703.1(4). Sec. 50-102.?Appeals and rulings.(a)Any person assessed with a local license tax as a result of an appealable event as defined in this section may apply within one year from the last day of the tax year for which such assessment is made, or within one year from the date of the appealable event, whichever is later, to the treasurer for a correction of the assessment. The application must be filed in good faith and sufficiently identify the taxpayer, the tax periods covered by the challenged assessments, the remedy sought, each alleged error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayer's contention. The treasurer may hold a conference with the taxpayer if requested by the taxpayer, or require submission of additional information and documents, an audit or further audit, or other evidence deemed necessary for a proper and equitable determination of the application. The assessment shall be deemed prima facie correct. The treasurer shall undertake a full review of the taxpayer's claims and issue a determination to the taxpayer setting forth its position. Every assessment pursuant to an appealable event shall be accompanied by a written explanation of the taxpayer's right to seek correction and the specific procedure to be followed in the jurisdiction (e.g., the name and address to which an application should be directed). (b)Provided a timely and complete application is made, collection activity shall be suspended until a final determination is issued by the treasurer, unless the treasurer determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of section 50-98(e), (f), but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" includes a finding that the application is frivolous, or that a taxpayer desires to depart quickly from the locality, remove his property therefrom, conceal himself or his property therein, or do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question. (c)Any person assessed with a local license tax as a result of a determination, upon an application for correction pursuant to subsection (a) of this section, that is adverse to the position asserted by the taxpayer in such application may apply within 90 days of the determination by the treasurer to the state tax commissioner for a correction of such assessment. The state tax commissioner shall issue a determination to the taxpayer within 90 days of receipt of the taxpayer's application, unless the taxpayer and the treasurer are notified that a longer period will be required. The application shall be treated as an application pursuant to Code of Virginia, § 58.1-1821, and the state tax commissioner may issue an order correcting such assessment pursuant to Code of Virginia, § 58.1-1822. Following such an order, either the taxpayer or the treasurer may apply to the appropriate circuit court pursuant to Code of Virginia, § 58.1-3984. However, the burden shall be on the party making the application to show that the ruling of the state tax commissioner is erroneous. Neither the state tax commissioner nor the state department of taxation shall be made a party to an application to correct an assessment merely because the state tax commissioner has ruled on it. (d)On receipt of a notice of intent to file an appeal to the state tax commissioner under subsection (c) of this section, the treasurer shall further suspend collection activity until a final determination is issued by the state tax commissioner, unless the treasurer determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of section 50-98(e), (f), but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" shall have the same meaning as set forth in subsection (b) of this section. (e)Any taxpayer may request a written ruling regarding the application of a local license tax to a specific situation from the treasurer. Any person requesting such a ruling must provide all the relevant facts for the situation and may present a rationale for the basis of an interpretation of the law most favorable to the taxpayer. Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if: (1)There is a change in the law, a court decision, or the guidelines issued by the state department of taxation upon which the ruling was based; or (2)The treasurer notifies the taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any person who acts on a written ruling which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in effect. (f)For purposes of this section, the term "appealable event" means an increase in the assessment of a local license tax payable by a taxpayer, the denial of a refund, or the assessment of a local license tax where none previously was assessed, arising out of the local treasurer's examination of records, financial statements, books of account or other information for the purpose of determining the correctness of an assessment, determination regarding the rate or classification applicable to the licensable business, assessment of a local license tax when no return has been filed by the taxpayer, or denial of an application for correction of erroneous assessment attendant to the filing of an amended application for license. (g)Any taxpayer whose application for correction pursuant to the provisions of subsection (a) of this section has been pending for more than two years without the issuance of a final determination may, upon not less than 30 days' written notice to the treasurer, elect to treat the application as denied and appeal the assessment to the state tax commissioner in accordance with the provisions of subsection (c) of this section. The state tax commissioner shall not consider an appeal filed pursuant to the provisions of this subsection if he finds that the absence of final determination on the part of the treasurer was caused by the willful failure or refusal of the taxpayer to provide information requested and reasonably needed by the assessor to make his determination. (Code 1984, § 16-46(1)—(3); Ord. of 4-23-2001, § 16-46(4)—(6))State law reference(s)—Similar provisions, Code of Virginia, § 58.1-3703.1(5). Sec. 50-103.?Refunds.The town treasurer is empowered to certify, after an audit of the tax account of the taxpayer, any refund that may be payable to any person due such an amount either because of an overassessment of license taxes against the individual, or because such person overestimated anticipated gross receipts or gross expenditures, or because such person, prior to the end of the expiration of the license tax year, has ceased to engage in the business for which the license tax was paid. Upon such certification, the town treasurer shall make the required refund. Refunds allowable under this section shall be calculated according to the following formulas: (1)Where the refund is allowable because of an overassessment, the overassessment minus correct assessment shall equal the amount to be refunded. (2)Where a refund is allowable because of an overestimation of anticipated gross receipts or gross expenditures, taxes payable on the basis of actual gross receipts or actual gross expenditures shall be recomputed; the resulting amount shall be subtracted from the original assessed amount; and the resulting difference shall equal the amount to be refunded. (3)Where the person ceases to engage in business prior to the end of the license tax year, divide the assessed amount of license tax shall be divided by 12 months, and the result derived from such division shall be multiplied by the number of months remaining in the license tax year. This shall be the amount to be refunded, but in no case shall the refund reduce the tax below the minimum provided in this article. No refund shall be allowable when the reason for ceasing to do business is caused by violation of some law, or when the taxpayer is indebted to the town. In the latter case, the taxpayer must pay all debts owed to the town before he shall be entitled to a refund. Refunds shall not be allowable on any flat rate license issued under the provisions of this article unless a manifest error has been made in making the original license tax assessment. (Code 1984, § 16-47)Sec. 50-104.?Beginning license.(a)Each person subject to a license tax shall apply for a license prior to beginning business. If he was not licensable in this jurisdiction on or before January 1 of the license year, he shall estimate the amount of the gross receipts he will receive or the gross expenditures he will incur between the date of beginning business and the end of the then-current license year, and his license tax for the then-current year shall be computed on such estimate. (b)Whenever a license tax is so computed upon the estimated gross receipts or gross expenditures, any erroneous estimate shall be subject to correction, and the town treasurer shall assess such person with any additional license tax found to be due after the end of that license year and shall at the same time correct the estimate for the then-current year until a full year of operation shall have been completed. In case of an overestimation, the taxpayer shall be entitled to a refund of the amount of tax in excess of his assessed liability. The refund shall be computed according to the formula as set forth in section 50-103. (Code 1984, § 16-48)Sec. 50-105.?Proration of license taxes.Notwithstanding any other provision of law, general or special, and regardless of the basis or method of measurement or computation, the town shall not impose a license tax based on gross receipts on a business, trade, profession, occupation or calling, or upon a person for any fraction of a year during which such person has permanently ceased to engage in such business, trade, profession, occupation or calling within the town. In the event a person ceases to engage in a business, trade, profession or calling within the town during a year for which a license tax based on gross receipts has already been paid, the taxpayer shall be entitled upon application to a refund for that portion of the license tax already paid, prorated on a monthly basis so as to ensure that the licensed privilege is taxed only for that fraction of the year during which it is exercised within the town. The town may elect to remit any refunds in the ensuing fiscal year, and may offset against such refund any amount of past-due taxes owed by the same taxpayer. In no event shall the town be required to refund any part of a flat fee or minimum flat tax. (Code 1984, § 16-49)State law reference(s)—Similar provisions, Code of Virginia, § 58.1-3710. Sec. 50-106.?License a personal privilege.Every license issued under this article shall be held to confer a personal privilege to transact the business, employment or profession which may be subject to the license and shall not be exercised except by the person licensed. If the town treasurer has cause to believe that such person is otherwise abusing the privilege for which the license was issued, he may suspend such license. Such suspension shall remain in effect until the cause or causes are removed. The town treasurer shall report this action to the council at its next regular business meeting after the effective date of suspension. (Code 1984, § 16-50)Sec. 50-107.?How license assignable.(a)A license other than to authorize the conduct of a profession may be assigned to any person to whom it might have been originally granted; and, in the event of the death of the licensee, the license may be assigned by his personal representative in like manner and with the like effect as might have been done by the licensee himself. A license when assigned shall be a personal privilege to the assignee and shall not be exercised by any person other than the assignee. If the license tax already paid by the assignee is less than the license tax which would be assignable against the assignee but for the assignment, an additional license tax shall be paid by the assignee equal to the difference between the tax paid on the assigned license and the license tax which would be otherwise assessable against the assignee. (b)When a person has obtained a license to carry on any business, employment or profession at any definite place in the town and desires to remove to any other place in the town and wishes his license altered accordingly, the town treasurer may make such alteration. (c)It is especially provided that if the assignee's license for the current year be based on an estimate of gross receipts or gross expenditures as provided in this article, the assignee shall reveal his gross receipts or gross expenditures for the period he was in business during the current license year; and if the accumulation of gross receipts or gross expenditures by the assignee shall exceed the original estimate, the assignee shall be required to amend the license by an estimate of the gross receipts or gross expenditures he will incur between the day of beginning business and the end of the current license year. (d)Notice in writing of all such assignments shall be given to the town treasurer. Such notice shall contain the name, trade name, if any, the address of the proposed assignee, the proposed new location, if any, and the time of the proposed assignment. (e)The town treasurer shall keep a record of all assignments. Any person who assigns or attempts to assign a license contrary to the provisions of this section shall commit a Class 3 misdemeanor. (Code 1984, § 16-51)Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). Sec. 50-108.?License tax enforcement official.The town treasurer or his agent is hereby given the responsibility of enforcing the provisions of this article. If such officer has reason to believe that the return or statement filed is incorrect, he may propound interrogatories to such licensee and use such other evidence as he may procure. Such interrogatories shall be answered, under oath; and any licensee refusing to answer such interrogatories, under oath, shall be guilty of a Class 3 misdemeanor. (Code 1984, § 16-55)Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). Sec. 50-109.?Willful failure to file return; penalty.(a)Any individual, person, business, or entity, not otherwise exempted by law, who willfully fails or refuses to file a return as required under this article shall be guilty of: (1)A Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than $1,000.00; or (2)A Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is $1,000.00 or less. (b)Any individual, person, business, or entity, with the intent to defraud, who willfully makes any false statement upon a return filed pursuant to this article shall be guilty of a: (1)Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than $1,000.00; or (2)Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is $1,000.00 or less. (c)Each violation of this section shall constitute a separate and distinct offense. Conviction of any such violation shall not relieve any person from the payment, collection, or remittance of the tax provided for in this article. (Ord. of 3-27-2018(4))Secs. 50-110—50-130.?Reserved.DIVISION 2.?TAX SCHEDULESec. 50-131.?Minimum license tax.No license issued under the provisions of this article shall be less than $10.00; however, should the minimum license tax prescribed in this article be greater than the maximum license tax allowable under state law for a particular occupation, trade, profession or business, the state maximum tax shall prevail for that particular occupation, trade, profession, or business. (Code 1984, § 16-71; Ord. of 3-26-2001, § 16-71)State law reference(s)—Limitation on tax, Code of Virginia, § 58.1-3703(A). Sec. 50-132.?Carnivals.Every person who shall operate a carnival, aggregation of shows, amusements, concessions and riding devices or any of them operated together on one lot or street or on contiguous lots or streets, moving from place to place, whether the carnival, shows, amusements, concessions or riding devices are owned and actually operated by separate persons or not, to include but not limited to sideshows, dog and pony shows, trained animal shows, circuses and menageries, shall pay for the privilege an annual license tax of $200.00 per day for each day such carnival, show or like performance is exhibited; however, the council may waive this requirement upon application by a resident nonprofit organization. (Code 1984, § 16-72; Ord. of 3-26-2001, § 16-72)State law reference(s)—Carnivals, circuses, etc., Code of Virginia, § 58.1-3728. Sec. 50-133.?Coin-machine operators.Any person selling, leasing, renting or otherwise furnishing or providing a coin-operated machine or device operated on the coin-in-the-slot principle, excluding any person owning less than three coin machines and operating such machines on property owned or leased by such person, shall pay for the privilege an annual license tax on gross receipts actually received by the operator from coin machines or devices operated within the town. Gross receipts from machines, vending merchandise or stamps shall be deemed receipts from retail sales and taxed at the same rate as other retail sales. (Code 1984, § 16-73; Ord. of 3-26-2001, § 16-73)State law reference(s)—Amusement devices, Code of Virginia, §§ 58.1-3720, 58.1-3724. Sec. 50-134.?Contractors and contracting.(a)Every person conducting or engaging in any contracting enterprise, to include persons contracting for their own account for sale, shall pay for the privilege of operating within the town an annual license tax of $0.15 per $100.00 of gross receipts for the preceding calendar year. Any person commencing such occupation at the beginning of the license tax year shall pay for the privilege a license tax as set out in this subsection, to be measured by the gross amount of all orders or contracts which he has accepted before applying for such license, plus the gross amount of all orders or contracts which he estimates he will accept for the remaining portion of the license year. (b)The terms "contractor" and "contracting" mean any person: (1)Accepting or offering to accept orders or contracts for doing any work on or in a building or structure requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead, or other metal or any other building materials; (2)Who shall accept or offer to accept contracts to do any paving, curbing or other work on sidewalks, streets, alleys or highways or public or private property, using asphalt, brick, stone, cement, concrete, wood or other composition; (3)Who shall accept or offer to accept an order for or contract to excavate earth, rock or other material for foundation or any other purpose or for cutting, trimming or maintaining rights-of-way; (4)Who shall accept or offer to accept an order or contract to construct any sewer of stone, brick, terra cotta or other materials; or (5)Engage in the following contracting activities: air conditioning; brick contracting, stone and other masonry; building; cement; dredging, sand and gravel; electrical; floor scraping or finishing; foundations; interior decorating; paint and paper decorating; plastering; plumbing, heating, steam fitting, gas fitting; road, street, bridge, sidewalk, curb and gutter; sewer drilling and well drilling; structural metal; tile, glass, flooring, floor covering; and wrecking, moving and excavating; shall be deemed a contractor. (c)Any person engaging in the business of accepting or offering to accept orders or contracts for doing any work on or in any building or premises, involving erecting, installing, altering, repairing, servicing or maintaining electrical wiring, devices or appliances, apparently connected to such wiring, or erecting, repairing or maintaining lines for the transmission or distribution of electrical light and power, shall be deemed to be an electrical contractor and shall pay for the privilege of conducting the business of electrical contracting the same license tax as that required of contractors by this section. Any person engaging in the business of plumbing and steam fitting in the town shall pay for the privilege of conducting the business of plumbing and steam fitting the same license as that required of contractors by this article. (d)Any person engaging in the business of selling and erecting or erecting tombstones shall not be deemed to be a contractor as defined in this section. (e)When a contractor, electrical contractor or a plumbing and steam fitting contractor shall have paid any local license required by the city, town or county in which his principal office and any branch office or offices may be located, he shall not be required to pay any town license tax, except where the amount of business done by any such contractor in the town exceeds the sum of $25,000.00 in any year, in which case such contractor shall be required to pay a town license tax as provided in this section. (f)Contracting generally includes but is not limited to persons engaged in the following occupations, businesses or trades: (1)Air conditioning; (2)Brick contracting and only masonry; (3)Building; (4)Cementing; (5)Dredging; (6)Electrical contracting; (7)Elevator installation; (8)Erecting signs that are assessed as realty; (9)Floor scraping or finishing; (10)Foundations; (11)House moving; (12)Paint and paper decorating; (13)Plastering; (14)Plumbing, heating and steam fitting; (15)Refrigeration; (16)Road, street, bridge, sidewalk or curb and gutter construction; (17)Roofing and tinning; (18)Sewer drilling and well digging; (19)Sign painting; (20)Structural metal work, tile, glass, flooring and floor covering installation; (21)Wrecking, moving or excavation. (Code 1984, §§ 16-37, 16-74; Ord. of 3-26-2001, § 16-74(a)—(e), (g))State law reference(s)—Contracting, Code of Virginia, §§ 58.1-3703.1(1), 58.1-3706(A)(1), 58.1-3714, 58.1-3715. Sec. 50-135.?Financial, real estate and professional occupations.(a)Every person conducting or engaging in any of the following financial, real estate and professional services shall pay for the privilege an annual license tax of $0.41 per $100.00 of gross receipts for the preceding calendar year. Any such person commencing to provide any such financial, real estate and professional services at the beginning of the license tax year shall pay for the privilege a license tax as set out in this subsection per $100.00 of anticipated gross receipts for the remaining portion of the license tax year. (b)Those engaged in financial services shall include but not be limited to the following: (1)Buying installment receivables; (2)Chattel mortgage financing; (3)Consumer financing; (4)Credit card services; (5)Credit unions; (6)Factors; (7)Financing accounts receivable; (8)Industrial loan companies; (9)Installment financing; (10)Inventory financing; (11)Loan and mortgage companies; (12)Safety deposit box companies; (13)Security and commodity brokers and services; (14)Stockbrokers; (15)Working capital financing. (c)Those rendering real estate services include but are not limited to the following: (1)Appraisers of real estate; (2)Escrow agents, real estate; (3)Fiduciaries; (4)Lessors of real property; (5)Operators of residential mobile home sites; (6)Owner-operators and lessors of buildings; (7)Real estate agents, brokers and managers; (8)Real estate selling agents; and (9)Rental agents for real estate. (d)Those engaged in rendering a professional service include but are not limited to the following: (1)Architects; (2)Attorneys at law; (3)Certified public accountants; (4)Public accountants; (5)Dentists; (6)Engineers; (7)Land surveyors; (8)Pharmacists; (9)Practitioners of the healing arts; (10)Surgeons; and (11)Veterinarians. (Code 1984, §§ 16-37, 16-75; Ord. of 3-26-2001, § 16-75; Ord. of 6-11-2007(3))State law reference(s)—Limitation on local license tax on financial, real estate and professional occupations, Code of Virginia, § 58.1-3706(A)(3). Sec. 50-136.?Fortunetellers.Any person who, for compensation, shall pretend to tell fortunes or assumes to act as a clairvoyant or to practice palmistry or phrenology, including but not limited to a faith healer, a star analyst, and a handwriting analyst who attempts to predict the future shall pay an annual license tax of $500.00. (Code 1984, § 16-76)State law reference(s)—Authority for licensing fortunetellers and clairvoyants, Code of Virginia, § 58.1-3726. Sec. 50-137.?Massage parlors.Any person who shall operate a massage parlor shall pay an annual license tax of $500.00. (Code 1984, § 16-77; Ord. of 3-26-2001, § 16-77)State law reference(s)—Authority, Code of Virginia, § 58.1-3706(A). Sec. 50-138.?Repair, personal and business services.(a)Every person conducting or engaging in any repair, personal and/or business services and all other businesses and occupations not specifically listed or exempted in any other provision of this article shall pay for the privilege of conducting such occupation, business or trade an annual license tax of $0.21 per $100.00 of gross receipts during the preceding calendar year, provided that any person commencing his occupation, business or trade after the beginning of the license tax year shall pay for the privilege a license tax as set out for the remaining portion of the license tax year. (b)Those rendering a repair, personal or business service or other service include but are limited to the following: (1)Advertising agencies; (2)Airports; (3)Ambulance services; (4)Amusements and recreation services, all types; (5)Animal hospitals, grooming services, kennels or services; (6)Auctioneers and common criers; (7)Automobile driving schools; (8)Barbershops, beauty parlors and hairdressing establishments, schools and services; (9)Bid or building reporting service; (10)Billiard or pool establishments or parlors; (11)Blacksmith or wheelwright; (12)Bondsman; (13)Booking agents or concert managers; (14)Bottle exchanges; (15)Bowling alleys; (16)Brokers and commission merchants other than real estate or financial brokers; (17)Business research and consulting services; (18)Chartered clubs; (19)Child care attendants or schools; (20)Collection agents or agencies; (21)Commercial photography, art and graphics; (22)Commercial sports; (23)Dancehalls, studios and schools; (24)Data processing, computer and systems development services; (25)Developing or enlarging photographs; (26)Detective agency and protective services; (27)Drafting services; (28)Engraving; (29)Erecting, installing, removing or storing awnings; (30)Extermination services; (31)Freight traffic bureaus; (32)Fumigating or disinfecting; (33)Funeral services and crematories; (34)Golf courses, driving ranges and miniature golf courses; (35)Hauling of sand, gravel or dirt; (36)Hotels, motels, tourist courts, boardinghouses and roominghouses and trailer parks and campsites; (37)House cleaning services; (38)Impounding lots; (39)Information bureaus; (40)Instructors, tutors, schools and studios of music, ceramics, art, sewing, sports and the like; (41)Interior decorating; (42)Janitorial services; (43)Laundry, cleaning and garment services, including laundries, dry cleaners, linen services, diaper services, coin-operated laundries and carpet and upholstery cleaning; (44)Mailing, messenger and correspondent services; (45)Marinas and boat landings; (46)Movie theaters and drive-in theaters; (47)Nickel plating, chroming and electroplating; (48)Nurses and physician registries; (49)Nursing and personal care facilities, including nursing homes, convalescent homes, homes for the retarded, old age homes and rest homes; (50)Packing, crating, shipping, hauling or moving goods or chattels for others; (51)Parcel delivery services; (52)Parking lots, public garages and valet parking; (53)Pawnbrokers; (54)Personnel services; (55)Labor agents and employment bureaus; (56)Photographers and photographic services; (57)Piano tuning; (58)Picture framing and guilding; (59)Porter services; (60)Press clipping services; (61)Private hospitals; (62)Promotional agents or agencies; (63)Public relations services; (64)Realty multiple listing services; (65)Renting or leasing any items of tangible personal property; (66)Reproduction services; (67)Secretarial services; (68)Septic tank cleaning; (69)Shoe repair, shoeshine and hair repair shops; (70)Sign painting; (71)Speculative builders; (72)Storage, all types; (73)Subdividers and developers; (74)Swimming pool maintenance and management; (75)Tabulation services; (76)Taxidermist; (77)Telephone answering services; (78)Theaters, theatrical performances, bands and orchestras; (79)Towing services; (80)Transportation services, including buses and taxis, except for public service corporation or cooperative organizations; (81)Travel bureaus; (82)Tree surgeons; trimmers and removal services; (83)Turkish, Roman or other like baths or parlors; (84)Wakeup services; and (85)Washing, cleaning or polishing automobiles. (Code 1984, § 16-80; Ord. of 3-26-2001, § 16-80; Ord. of 6-11-2007(4))State law reference(s)—Limitation on levy, Code of Virginia, § 58.1-3706(A)(4). Sec. 50-139.?Persons without an office or place of business within the town.Any person who has no definite place of business or office within the town but who engages in any retail sales, financial, real estate, professional, repair, personal, business or other services within the town shall pay for the privilege an annual license tax of the greater of $30.00 or an amount to be determined by the taxes of gross receipts or otherwise for the specific category. (Code 1984, § 16-78; Ord. of 3-26-2001, § 16-78)State law reference(s)—Limitations, Code of Virginia, §§ 58.1-3706, 58.1-3708, 58.1-3709. Sec. 50-140.?Public service companies.Any public service companies, including water, heat, light, power, telegraph, telephone companies and TV cable companies, shall pay an annual license tax for the privilege of doing business within the town of one-half of one percent of the gross receipts of such business within the town; except that charges for long distance telephone calls shall not be considered gross receipts for purposes of this section. There shall be deducted from the amount of any such license tax any sum or sums paid by such corporation to the town as a merchant's license tax. (Code 1984, § 16-79; Ord. of 3-26-2001, § 16-79)State law reference(s)—Public service corporations, Code of Virginia, § 58.1-3731. Sec. 50-141.?Retail sales.Every person conducting or engaging in any of the following retail occupations, businesses or trades shall pay for the privilege an annual license tax of $0.13 per $100.00 of gross receipts earned in calendar year 2001; $0.14 per $100.00 of gross receipts earned in calendar year 2002; and $0.16 per $100.00 of gross receipts earned in calendar year 2003 and thereafter. Any person commencing such retail occupation, business or trade after the beginning of the license tax year shall pay for the privilege a license tax as set out in this subsection for each $100.00 of anticipated gross receipts for the remaining portion of the license tax year. Retail sales generally include, but shall not be limited to, the following retail occupations, businesses or trades: (1)Aircraft or aircraft part; (2)Antiques; (3)Auto accessory, tire, battery; (4)Auto sales, motor vehicle dealers; (5)Bakeries; (6)Caterers, mobile caterers; (7)Bicycles; (8)Boats, motors; (9)Books, stationery; (10)Building materials; (11)Candy, nuts stores; (12)Confectionery; (13)Custom tailors; (14)Delicatessen; (15)Department stores; (16)Drapery, curtains and upholstery; (17)Drugs; (18)Dry goods stores; (19)Family clothing; (20)Filling stations and repair services; (21)Fish and seafood markets; (22)Floor covering, floors; (23)Fruit stores and vegetable markets; (24)Fuel and ice; (25)Furniture; (26)Furriers; (27)Garden supplies; (28)General stores, gift, novelty and souvenirs; (29)Groceries; (30)Hardware, plumbing and electrical equipment; (31)Hog, grain, feed and seed; (32)Hosiery; (33)Jewelry; (34)Livestock dealers; (35)Luggage; (36)Lumber goods; (37)Meat markets; (38)Men's and boys' clothing; (39)Millinery; (40)Motorcycles; (41)Musical instruments; (42)Office, store and appliance supplies; (43)Optical; (44)Other than men's and boys' clothing; (45)Paint, glass and wallpaper; (46)Photographic supply equipment; (47)Radios and household appliances; (48)Restaurants, eating places and nightclubs; (49)Secondhand stores and other junk shops; (50)Scientific and medical supplies; (51)Shoes; (52)Soda fountains; (53)Sporting goods; (54)Used car dealers; (55)Variety stores; workmen's clothing; other retail stores and retail merchants; point of distribution; (56)Banks and savings and loan associations that sell promotional items; (57)Charitable institutions or not-for-profit organizations that buy and sell merchandise; (58)Lunch counters operated by organizations for members only; (59)Hotel, motel, boardinghouse or lodginghouse; (60)Sales of food or merchandise for compensation; (61)Any person who merely fills prescriptions for or fits corrective lenses or eyeglass frames; (62)A job printer as to the sale of items printed; (63)Any person who sells goods at retail through a commission merchant; (64)Any person who polishes, glazes and auto lettering in rough stones; (65)Any practitioner of a profession who sells goods, wares or merchandise in connection with the practice of such profession; and (66)Garage, yard or other such sales. (Code 1984, § 16-81; Ord. of 3-26-2001, § 16-81; Ord. of 6-11-2007(5))State law reference(s)—Limitation on local license tax on retail sales, etc, Code of Virginia, § 58.1-3706(A)(2). Sec. 50-142.?Savings and loan associations or state chartered credit unions.Every savings and loan association or state chartered credit unions the main office of which is located in the town shall pay an annual license tax of $50.00. (Code 1984, § 16-82; Ord. of 3-26-2001, § 16-82)State law reference(s)—Authority for taxing savings and loan associations, Code of Virginia, § 58.1-3730. Sec. 50-143.?Wholesaler.Every person who sells to others for resale or who sells at wholesale to institutional, commercial, or industrial users shall pay an annual license tax of $0.05 per $100.00 of purchases for the preceding calendar year. (Code 1984, § 16-83; Ord. of 3-26-2001, § 16-83)State law reference(s)—License tax on wholesale merchants, Code of Virginia, § 58.1-3716. Sec. 50-144.?Dealers in precious metals.Any person who shall deal in precious metals shall pay an annual license tax of $50.00. (Code 1984, § 16-84; Ord. of 3-26-2001, § 16-84)State law reference(s)—Peddlers, itinerant merchants, Code of Virginia, §§ 58.1-3706, 58.1-3717. Secs. 50-145—50-170.?Reserved.ARTICLE IV.?BANK FRANCHISE TAXSec. 50-171.?Definitions.As used in this article, unless the context clearly shows otherwise, the term or phrase: Bank means any incorporated bank, banking association, savings bank that is a member of the Federal Reserve System, or trust company organized by or under the authority of the laws of the commonwealth and any bank or banking association organized by or under the authority of the laws of the United States, doing business or having an office in the commonwealth or having a charter which designates any place within the commonwealth as the place of its principal office, and any bank which establishes and maintains a branch in the commonwealth under Code of Virginia, § 6.1-44.1 et seq. or Code of Virginia, § 6.1-44.15 et seq. whether such bank or banking association is authorized to transact business as a trust company or not, and any joint stock land bank or any other bank organized by or under the authority of the laws of the United States upon which the commonwealth is authorized to impose a tax. The term "bank" shall exclude all corporations organized under the laws of other states and doing business in the commonwealth, corporations organized not as banks under the laws of the commonwealth and all natural persons and partnerships. Bank holding company means any corporation that is organized under the laws of the commonwealth, is doing business in the commonwealth, and is a bank holding company under the provisions of the Federal Bank Holding Company Act of 1956. (Code 1984, § 16-96)Cross reference(s)—Definitions generally, § 1-2. State law reference(s)—Similar definitions, Code of Virginia, § 58.1-1201. Sec. 50-172.?Bank capital assessable.Every bank or trust company shall pay an annual franchise tax measured by its net capital as defined in section 50-176. Such tax shall be in lieu of all other town taxes on such net capital, except as otherwise provided in this article or as provided by Code of Virginia, § 58.1-1202. (Code 1984, § 16-97)State law reference(s)—Bank capital assessable, Code of Virginia, § 58.1-1202. Sec. 50-173.?Real and leased tangible personal property of banks to be assessed as other real and personal property.(a)The real estate of all banks shall be assessed on the land books with the same taxes with which other real estate is assessed. (b)The tangible personal property of all banks which is leased for a consideration to customers or other lessees shall be assessed on the personal property books with the same tax with which other tangible personal property held for lease is assessed. (Code 1984, § 16-98)State law reference(s)—Similar provisions, Code of Virginia, § 58.1-1203. Sec. 50-174.?Rate of tax.The franchise tax imposed under this article shall be at the rate of $0.80 on each $100.00 of net capital and as hereinafter defined. There shall be no deduction in respect to shares owned by exempt institutions. (Code 1984, § 16-99)State law reference(s)—Rate of tax, Code of Virginia, § 58.1-1204; town tax limitation, Code of Virginia, § 58.1-1209. Sec. 50-175.?Proration for new banks.(a)Notwithstanding section 50-174, any bank which did not operate for the entire 12-month period preceding the January 1 assessment date provided for under section 50-179 shall be entitled to a prorated tax rate as follows: (1)Transacting business as of March 31 of the preceding year, no proration shall be available and the tax rate shall be $1.00 on each $100.00 of net capital. (2)Transacting business as of June 30 of the preceding year but not before April 1, the tax rate shall be $0.75 on each $100.00 of net capital. (3)Transacting business as of September 30 of the preceding year but not before July 1, the tax rate shall be $0.50 on each $100.00 of net capital. (4)Transacting business as of December 31 of the preceding year but not before October 1, the tax rate shall be $0.25 cents on each $100.00 of net capital. (b)For purposes of this section, the term "transacting business" shall mean accepting deposits from customers in the regular course of doing business. A bank shall be eligible for the prorated tax rate provided for under this section with respect to the first return it is required to file after accepting deposits; provided that a bank shall not be eligible for the prorated tax rate if it was organized or created as part of a reorganization within the meaning of Section 368(a) of the Internal Revenue Code. State law reference(s)—Similar provisions, Code of Virginia, § 58.1-1204.1. Sec. 50-176.?Computation of net capital.The net capital of any bank shall be ascertained by adding together its capital, surplus, undivided profits, and one-half of any reserve for loan losses net of applicable deferred tax to obtain gross capital and deducting therefrom the assessed value of real estate as provided in section 50-177, the book value of tangible personal property under section 50-177, the pro rata share of government obligations as set forth in section 50-177, the capital accounts of any bank subsidiaries under section 50-177, the amount of any reserve for marketable securities valuation which is included in capital, surplus and undivided profits as defined in this section to the extent that such reserve reflects the difference between the book value and the market value of such marketable securities on December 31 next preceding the date for filing the bank's return under section 50-179, and the value of goodwill described under subsection 50-177(a)(5). (Code 1984, § 16-100)State law reference(s)—Similar provisions, Code of Virginia, § 58.1-1205. Sec. 50-177.?Deductions from gross capital.(a)There shall be deducted from the gross capital otherwise ascertainable under section 50-176: (1)The assessed value of real estate if otherwise taxed in the commonwealth which is owned by such bank, or is used or occupied by such bank, if held in the name of a majority-owned subsidiary of the bank or of a bank holding company which owns a majority of the capital stock of such bank or of any wholly-owned subsidiary of the bank holding company which owns the majority of the capital stock of such bank and the assessed value, up to the amount of the unencumbered equity, of real estate in the nature of improvements which are owned by the bank, or used or occupied by the bank and held by a majority-owned subsidiary or a bank holding company or a wholly-owned subsidiary of a bank holding company, even if assessed in the name of some other person because of the ownership of the underlying land by such person. Real estate used or occupied by a subsidiary or originally conveyed as collateral for loans made by a subsidiary of the bank and reacquired upon foreclosure of mortgage loans will be deemed to be used or occupied by the bank. The deduction for assessed value of real estate shall be the most recent assessment made prior to January 1 of the current bank franchise tax year for real estate owned by the bank or affiliate on January 1 of the current year. (2)The book value of tangible personal property which shall be held for lease and is otherwise taxed which is owned by such bank or in the name of a majority-owned subsidiary of the bank. If the bank does not own all the stock of such subsidiary, it shall be entitled to deduct only such portion of the assessed value of the real estate and the value of such tangible personal property as the common stock it owns in such subsidiary bears to the whole issue of common stock of such corporation. (3)An amount which shall equal the same percentage of the gross capital account, defined as its capital, surplus and undivided profits as set forth in section 50-176 at December 31 next preceding as the obligations of the United States bear to the total assets of the bank. Such percentage of United States obligations shall be determined as of the four most recent (or less in case of a new bank) reports of condition and the percentage obtained shall be averaged. For purposes of computing such percentage, total assets shall not include the goodwill described in subsection (a)(5) of this section. The obligations of the United States as used in this subsection shall include all obligations of the United States exempt from taxation under 31 USC 3124, or the United States Constitution or any other statute, or any instrumentality or agency of the United States which obligations shall be exempt from state or local taxation under the United States Constitution or any statute of the United States. (4)The amount of retained earnings and surplus of subsidiaries to the extent included in the gross capital of the bank. (5)Any amount equal to 90 percent of goodwill created in connection with any acquisition or merger occurring on or after July 1, 2001. (b)For purposes of this section, goodwill shall be determined using generally accepted accounting principles. (Code 1984, § 16-101)State law reference(s)—Similar provisions, Code of Virginia, § 58.1-1206. Sec. 50-178.?Branch banks.If any bank has offices located both within and outside the town, this tax shall be imposed upon only such proportion of the taxable value of the net capital under section 50-174 as the total deposits of such bank, or offices located inside the town, bears to total deposits as of the end of the preceding year. (Code 1984, § 16-102)State law reference(s)—Branch banks, Code of Virginia, § 58.1-1211. Sec. 50-179.?Filing of return and payment of such tag.Each bank as defined in section 50-171 as of January 1 of each year shall prepare and file with the town treasurer on or before March 1, a return in duplicate which shall set forth the tax on net capital as computed under this article, which returns shall be in a form prescribed by the state department of taxation. The town treasurer shall certify a copy of the bank's return and schedules and shall forthwith transmit such certified copy to the state department of taxation. Additionally, a copy of the real estate deduction schedules, and the apportionment under section 50-178 shall be filed with the town treasurer. Such return shall set forth the tax on net capital owing to the town as computed under this article. Such returns shall include the listing of the real estate as assessed for the prior year, as well as a description of the total of the obligations of the United States and the average percentage thereof on the four dates prescribed in section 50-177. Every bank, on or before June 1 of each year, will pay to the town treasurer the taxes assessed under this article. (Code 1984, § 16-103)State law reference(s)—Similar provisions, Code of Virginia, § 58.1-1207. Sec. 50-180.?Banks in liquidation.When the affairs of any bank are being wound up under Code of Virginia, §§ 6.1-100 and 6.1-102 or the National Banking Act, such banks will not be subject to tax under this article except as provided in this section. Returns of such assets on January 1 of each year shall be made by those having custody and control thereof. If any surplus shall remain after payment of all creditors and depositors, the liquidating officer shall ascertain the net capital of such bank, just prior to each year-end during the period of liquidation and cause to be paid an appropriate tax thereon before any distribution of any such surplus; but any such tax on the bank, even though paid late, shall not be subject to penalty. (Code 1984, § 16-104)State law reference(s)—Similar provisions, Code of Virginia, § 58.1-1215. Sec. 50-181.?Penalty upon bank for failure to comply with this article.Any bank which shall fail or neglect to comply with any provision of this article shall be fined as provided in Code of Virginia, § 58.1-1216, which fine shall be recovered upon motion, after five days' notice in the county circuit court. The motion shall be in the name of the state and presented by the commonwealth attorney. (Code 1984, § 16-105)State law reference(s)—Penalty, Code of Virginia, § 58.1-1216. Secs. 50-182—50-210.?Reserved.ARTICLE V.?MOTOR VEHICLE LICENSE TAXSec. 50-211.?Levy of license tax on certain motor vehicles, etc.; collection directed.(a)There is levied and there shall be collected a license tax for the town from the owner of every motor vehicle or semitrailer, as specified in this section, for the privilege of operating the motor vehicle or semitrailer upon the streets of the town. The motor vehicles to be covered by this article area as follows: (1)Motor vehicles, trailers and semitrailers owned by the residents of the town and intended to be operated over the streets of the town. (2)Motor vehicles, trailers and semitrailers, though stored outside the town, when operated over the streets of the town in connection with the conduct of or the furtherance of a business the principal location of which is within the town; however, this section shall not apply to persons who live outside of the town and operate a vehicle within the town solely in order to go to and from their place of work or business; and no vehicle duly licensed by the incorporated municipality of its residence shall be required to be licensed under this section. (b)A person moving into town or any person or entity obtaining a motor vehicle, trailer or semitrailer shall have 15 days within which to obtain the license required. (c)No license shall be required of any person exempted by state law from the purchase of such license. (Code 1984, § 16-116; Ord. of 2-11-2014(1))Sec. 50-212.?Amount of tax.The amount of tax to be imposed for town motor vehicle licenses shall be $10.00 per year for each motor vehicle, trailer, or semitrailer. (Code 1984 § 16-117; Ord. of 2-11-2014(2))Cross reference(s)—Penalty for Class 3 misdemeanor, § 1-15(a)(3). Sec. 50-213.?Exclusion of certain types of trailers and semitrailers from operation of article.The terms "trailer" and "semitrailer," as used in this article, shall not include trailers or semitrailers designed for use as living quarters, or one-wheeled or two-wheeled trailers with a body length not exceeding nine feet attached to the owner's motor vehicle and used only for carrying property belonging to such owner, or trailers designed for hauling boats. Such types of trailers and semitrailers are hereby excluded from the operation of this article. (Code 1984, § 16-118)Sec. 50-214.?Licensing of tractor-trailer, etc., combination.Under this article, in the case of a combination of a tractor-trailer or tractor-semitrailer, each unit constituting a part of such combination shall be licensed as a separate vehicle. (Code 1984, § 16-119; Ord. of 3-27-2018(5))Sec. 50-215.?Tax paid annually; in addition to personal property tax.The tax imposed by section 50-212 shall be assessed and paid on an annual basis as an addition to the personal property taxes on a motor vehicle, trailer, or semitrailer. (Code 1984, § 16-120; Ord. of 2-11-2014(3); Ord. of 3-27-2018(5))Sec. 50-216.?Proration of license tax.Proration of the license tax provided for in this article and refunds of the license tax shall be computed in accordance with the identical computations of the state on state licenses. (Code 1984, § 16-121)Secs. 50-217—50-250.?Reserved.Editor's note(s)—Ord. of 3-27-2018(3) repealed §§ 50-217 and 50-218, which pertained to motor vehicle license decals, and derived from Code 1984, §§ 16-122, 16-123; Ord. of 10-10-2005; Ord. of 2-11-2014(4). ARTICLE VI.?SPECIAL ASSESSMENT FOR AGRICULTURE, HORTICULTURE AND FOREST REAL ESTATESec. 50-251.?Findings of fact.The town finds that the preservation of real estate devoted to agricultural, horticultural and forest uses within its boundaries is in the public interest and, having heretofore adopted a zoning ordinance (chapter 74), hereby ordains that such real estate shall be taxed in accordance with the provisions of Code of Virginia, § 58.1-3230 et seq. and of this article. (Code 1984, § 16-135)Sec. 50-252.?Application for classification and assessment; fee.The owner of any real estate, except open spaces, meeting the criteria set forth in Code of Virginia, §§ 58.1-8230 and 58.1-3233 may, within the time specified by Code of Virginia, § 58.1-3234, apply to the town treasurer for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use, under the procedures set forth in Code of Virginia, § 58.1-3236. Such applications shall be a duplicate of any application filed with the county and shall be on forms provided by the county, and shall be supplied by the commissioner of the revenue and shall include such additional schedules, photographs and drawings as may be required by the state commissioner of the revenue. An individual who is the owner of an undivided interest in a parcel may apply on behalf of himself and the other owners of such parcel upon submitting an affidavit that such other owners are minors or cannot be located. An application shall be submitted whenever the use or acreage of such land previously approved changes; provided, however, that such property owner must revalidate annually with the treasurer any applications previously approved. (Code 1984, § 16-136)State law reference(s)—Application, Code of Virginia, § 58.1-3234. Sec. 50-253.?Applications filed under similar county ordinance indexed in office of clerk of circuit court.Applications filed and approved under a similar ordinance of the county are indexed in the office of the clerk of the circuit court of the county. Any application filed and approved under this article is so filed in accordance with such county ordinance. Specific reference is made to such indexing for notice of application and filing under this article. (Code 1984, § 16-138)Sec. 50-254.?Land book entries; tax to be extended from use value.The use value and fair market value of any qualifying property shall be placed on the land book before delivery to the treasurer and the tax for the next succeeding tax year shall be extended from the use value. (Code 1984, § 16-139)Sec. 50-255.?Roll-back tax.(a)Imposed when use changes to nonqualifying use. There is hereby imposed a roll-back tax, and interest thereon, in such amounts as may be determined under Code of Virginia, §§ 58.1-3237 and 58.1-3241 upon any property or portion thereof as to which the use changes to a nonqualifying use. (b)Report when use changes, penalties for failure to report. The owner of any real estate liable for roll-back taxes shall, within 60 days following a change in use, report such change to the treasurer or other assessing officer on such forms as may be prescribed. The treasurer shall forthwith determine and assess the roll-back tax, which shall be paid to him within 30 days of assessment. On failure to report within 60 days following such change in use and/or failure to pay within 30 days of assessment, such owner shall be liable for an additional penalty equal to ten percentum of the amount of the roll-back tax and interest, which penalty shall be collected as a part of the tax. In addition to such penalty, there is hereby imposed interest of two-thirds percentum of the amount of the roll-back tax, interest and penalty for each month or fraction thereof during which the failure continues. (Code 1984, § 16-140)State law reference(s)—Roll-back taxes, Code of Virginia, § 58.1-3237. Sec. 50-256.?Misstatements in applications filed under article.Any person making a material misstatement of fact in any application filed pursuant hereto shall be liable for all taxes, in such amounts and at such times as if such property had been assessed on the basis of fair market value as applied to other real estate in the taxing jurisdiction, together with interest and penalties thereon, and he shall be further assessed with an additional penalty of 100 percentum of such unpaid taxes. (Code 1984, § 16-141)Sec. 50-257.?Applicability of general tax law.The provisions of Code of Virginia, tit. 58.1, applicable to local levies and real estate assessment and taxation shall be applicable to assessments and taxation under this article, mutatis mutandis including, without limitation, provisions relating to tax liens and the correction of erroneous assessments, and for such purposes the roll-back shall be considered to be deferred real estate taxes. (Code 1984, § 16-142)Secs. 50-258—50-290.?Reserved.ARTICLE VII.?CIGARETTE TAXSec. 50-291.?Definitions.The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agent means every local dealer and other person who shall be authorized by the town treasurer or his agent to purchase and affix stamps to packages of cigarettes under the provisions of this article. Carton means ten packages of cigarettes, each containing 20 cigarettes. Dealer means every manufacturer, jobber, wholesale dealer or other person who supplies a seller with cigarettes. Package means every package, box, can or other container of any cigarettes to which the state revenue stamp is required to be affixed by and under the provisions of Code of Virginia, § 58.1-1003 and in which retail sales of such cigarettes are normally made or intended to be made. Sale means every act or transaction, irrespective of the method or means employed, including the use of vending machines and other mechanical devices, whereby title to any cigarettes shall be transferred from the seller to any other person within the town. Seller means every person engaged in the business of selling cigarettes who transfers title or in whose place or business title to any such cigarettes is transferred within the town for any purpose other than resale. Stamp means the small gummed piece of paper or decalcomania to be sold by the town treasurer and to be affixed by the agent to every package of cigarettes. It shall also denote any insignia or symbol printed by a meter machine upon any such package under authorization of the town treasurer. Treasurer means the treasurer of the town and every person duly authorized by him to serve as his representative. (Code 1984, § 16-150)Cross reference(s)—Definitions generally, § 1-2. Sec. 50-292.?Levied; amount.There is levied and imposed by the town, in addition to any other taxes which may be or have been imposed, a tax to be paid and collected as provided in this article on each and every sale of cigarettes made of tobacco, or any substitute thereof, made in the town. The tax is to be paid by the seller, local dealer or other agent by affixing a stamp or causing a stamp to be affixed to every package of cigarettes in the kind and manner required in this article and at the applicable rates as follows: The rate or amount of tax levied or imposed on cigarettes shall be at the rate of $0.125 for each 20 cigarettes or fractional part thereof. (Code 1984, § 16-151; Ord. of 6-10-2002, § 16-151; Ord. of 6-11-2007(1); Ord. of 6-26-2018)Sec. 50-293.?Preparation, sale, etc., of stamps; duties of treasurer generally.(a)The treasurer of the town shall acquire, keep and sell necessary stamps to local dealers and other agents, the stamps to be of such denominations and quantities as may be necessary for the payment of the tax imposed in this article. (b)In the sale of such stamps to a local dealer or other agent, the treasurer shall allow a discount of 0.006 of a cent per stamp of the face value thereof to cover the cost which will be incurred by such dealer or agent in affixing the stamps to packages of cigarettes. (c)The town treasurer may, from time to time and as often as he deems advisable, provide for the issuance and exclusive use of stamps of a new design and forbid the use of stamps of any other design. The treasurer is empowered to make and carry into effect such reasonable rules and regulations relating to the preparation, furnishing, sale and redemption of stamps as he may deem necessary. In redeeming stamps or making refunds for destroyed stamps, he shall not in any case refund more than 90 percent of the face value of such redeemed or destroyed stamps. The treasurer is further authorized and empowered to prescribe the method to be employed, the conditions to be observed, and any other necessary requirements not contrary to this article in the use of meter machines for printing upon packages of cigarettes an insignia to represent the payment of the tax and in lieu of stamps. (d)In addition to powers granted in this section, the town treasurer may: (1)Prescribe, adopt, promulgate and enforce rules and regulations relating to the method and means to be used in the cancellation of stamps, display of cigarette stamps in vending machines, audit requirements and authority, and criteria for authority of distributors and others to possess untaxed cigarettes. (2)Provide cigarette tax agents, promulgate requirements of training or experience of such agents and requirements for identification of such agents. (Code 1984, § 16-151.1)Sec. 50-294.?Inspection of records, premises, etc.The town treasurer, or his duly authorized agent, is empowered to examine books, records, invoices and papers related to purchases, sales, etc., of cigarettes, and to examine all cigarettes in and upon any premises where the cigarettes are placed, sold, stored, offered for sale or displayed for sale by a seller. (Code 1984, § 16-152)Sec. 50-295.?Seizure and disposition of untaxed cigarettes, etc.(a)If the town treasurer or his agent discovers any cigarettes subject to the tax imposed under this article, but upon which such tax has not been paid and upon which stamps have not been affixed or evidence of payment is not shown thereon by printed markings of a meter machine in compliance with the provisions of this article, then the treasurer or duly authorized agents or officers, any of them, may seize or take possession forthwith of such cigarettes, which shall thereupon be deemed to be forfeited to the town. Such cigarettes may, within a reasonable time thereafter, and after written notice is posted at the front door of the municipal building at least five days before the date given therein for sale, be sold in the place designated in such notice. (b)Any property, other than motor vehicles, used in the furtherance of any illegal evasion of the tax may be seized, confiscated and disposed of as provided in subsection (a) of this section. No credit from any sale or other disposition shall be allowed toward any tax or penalties owed. (c)The seizure and sale of any property shall not be deemed to relieve any of the persons of any penalties provided in this article. (d)Written notice of the seizure, forfeiture and sale of any property seized shall be given to known holders of property interests in such property seized at least five days prior to the sale thereof. Holders of property interests in any such property seized may assert any claims or affirmative defenses that they may have relative to such seizure, forfeiture and sale to the town council. Any person aggrieved by the determination of the town council may file an appeal from the finding of the town council to the circuit court of the county within ten days after the determination of the town council. The sale of any property seized shall be held in abeyance pending such determination by the town council and any appeal therefrom. (Code 1984, § 16-153)Sec. 50-296.?Obligation of dealers, agents regarding stamps.(a)Every local dealer in cigarettes and every agent appointed under this section shall purchase necessary stamps from the treasurer of the town to pay the tax imposed under this article and shall affix or caused to be affixed a stamp of the monetary value provided by this article to each package of cigarettes prior to delivering or furnishing such cigarettes to any seller who is not also an agent. (b)Nothing contained in this section shall be deemed to preclude any dealer from authorizing and employing any agent to purchase and affix such stamps in his behalf or have a stamp meter machine used in lieu of stamps to effectuate the provisions of this article. (c)Stamps or printed markings of a meter machine shall be placed upon each package of cigarettes in such a manner as to be readily visible to the purchaser. (d)It shall be the responsibility of every seller to determine that each package of cigarettes offered for sale shall have a proper stamp affixed thereto in compliance with the provisions of this article. (e)If inspection by the agents of the town discloses unstamped or improperly stamped packages of cigarettes, the seller, when such cigarettes were obtained from a local dealer, shall immediately notify such dealer and upon such notification such dealer shall forthwith either affix to the unstamped or improperly stamped package, container or item the proper amount of stamps or he shall replace such package, container or item with others to which stamps have been properly affixed. If a seller, who is not also an agent, acquires or has in his possession unstamped or improperly stamped cigarettes, the seller shall forthwith notify the treasurer of such fact. The treasurer shall thereupon affix or cause to be affixed the proper stamps to such cigarettes. The cost of such stamps at face value shall be advanced by such seller. The treasurer or his agent shall thereupon affix the appropriate stamp at such agent's place of business. (f)The treasurer, by proper rules and regulations, may require every local dealer, agent or seller to cancel stamps upon all packages of cigarettes in his possession. (g)Every local dealer and seller shall maintain and keep for a period of at least two years such records of cigarettes received and sold by him as may be required by the treasurer. Such records shall be made available for examination in the town by the treasurer upon demand, and the means, facilities and opportunities for making any such examination shall be made available at all reasonable times. (Code 1984, § 16-154)Sec. 50-297.?Presumptions—Quantity.Cigarettes found in quantities of more than six cartons within the town shall be conclusively presumed for sale therein and may be seized and confiscated if: (1)They are in transit, and are not accompanied by a bill of lading or other document indicating the true name and address of the consignor or seller and of the consignee or purchaser, and the brands and quantity of cigarettes so transported, or they are in transit and accompanied by a bill of lading or other document which is false or fraudulent, in whole or in part; or (2)They are in transit and are accompanied by a bill of lading or other document indicating: a.A consignee or purchaser in another state or the District of Columbia who is not authorized by the law of such other jurisdiction to receive or possess such cigarettes on which the taxes imposed by such other jurisdiction have not been paid, unless the tax of the state or district of destination has been paid and the products bear the tax stamps of that state or district; or b.A consignee or purchaser in the commonwealth but outside the town who does not possess a state sales and use tax certificate, a state retail cigarette license and, where applicable, both a business license and retail license issued by the local jurisdiction of destination; or (3)They are not in transit and the tax has not been paid, nor have approved arrangements for payment been made; provided that this subsection shall not apply to cigarettes in the possession of distributors or public warehouses which have filed notice and appropriate proof with the town that those cigarettes are temporarily within the town and will be sent to consignees or purchasers outside the jurisdiction in the normal course of business. (Code 1984, § 16-155)State law reference(s)—Authority for above section, Code of Virginia, § 58.1-3832. Sec. 50-298.?Same—Stamps, markings.If any package of cigarettes is found in the possession of a seller without proper stamps or authorized printed markings thereon, and the seller is unable to submit evidence establishing that he received such packages, containers or items within the immediately preceding 48 hours, and that he has not offered the packages, containers or items for sale, then it shall be presumed that such packages, containers or items are being kept in violation of the provisions of this article and the seller shall be subject to the tax and a penalty in the amount of 50 percent thereof, not to exceed $500.00 even though such seller is also an agent. (Code 1984, § 16-156)Sec. 50-299.?Disposition of revenue.Revenue derived from the tax imposed in this article shall be deposited by the town treasurer to the credit of the general fund of the town for utilization for such legal purposes as the council of the town may from time to time determine. (Code 1984, § 16-157)Sec. 50-300.?Forging, altering, etc., stamps.It shall be unlawful for any person to falsely or fraudulently make, forge, alter or counterfeit any stamp or the printed markings of a meter machine, or knowingly and willfully to alter, publish, pass or tender as true any false altered, forged or counterfeited stamp or stamps or printed markings of a meter machine. (Code 1984, § 16-158)Sec. 50-301.?Sale of untaxed products through vending machines.It shall be unlawful for any person to sell and dispense through a vending machine or other mechanical device any cigarettes upon which the tax imposed by this article has not been paid and upon which evidence of the payment thereof is not shown on each package of such cigarettes. (Code 1984, § 16-159)Sec. 50-302.?Penalties.(a)Any person violating any provision of this article shall be punishable as a Class 1 misdemeanor. (b)Any person violating any provision of this article shall be required to pay a penalty as follows: (1)For late payment, not to exceed ten percent per month; (2)For fraud or evasion of the tax, not to exceed 50 percent. Interest upon any tax found to be overdue and unpaid shall not exceed three-quarters of one percent per month. The mere possession of untaxed cigarettes in quantities of not more than six cartons shall not be a violation of this article. (Code 1984, § 16-160; Ord. of 5-8-2006)Secs. 50-303—50-330.?Reserved.ARTICLE VIII.?TAX ON MEALSSec. 50-331.?Definitions.The following words and phrases, when used in this article, shall have, for the purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: Cater means to furnish food, beverages, or both on the premises of another, for compensation. Collector means the treasurer or his designee. Food means all food, beverages or both, including alcoholic beverages, purchased in or from a food establishment, whether prepared in such food establishment or not, and whether consumed on the premises or not, and without regard to the manner, time or place of service. Food establishment means any place in or from which food or food products are prepared, packaged, sold or distributed in the town, including but not limited to, any restaurant, dining room, grill, coffee shop, cafeteria, cafe, snack bar, lunch counter, convenience store, movie theater, delicatessen, confectionery, bakery, eating house, eatery, drugstore, ice cream/yogurt shops, lunch wagon or truck, pushcart or other mobile facility from which food is sold, public or private club, resort, bar, lounge, or other similar establishment, public or private, and shall include private property outside of and contiguous to a building or structure operated as a food establishment at which food or food products are sold for immediate consumption. Meal means any prepared food or drink offered or held out for sale by a food establishment for the purpose of being consumed by any person to satisfy the appetite and is ready for immediate consumption. All such food and beverage, unless otherwise specifically exempted or excluded in this article, shall be included, whether intended to be consumed on the seller's premises or elsewhere, whether designated as breakfast, lunch, snack, dinner, supper or by some other name, and without regard to the manner, time or place of service. Treasurer means the treasurer of the town and any duly designated deputies, assistants, inspector or other employees. (Code 1984, § 16-170; Ord. of 6-12-2000, § 16-170)Cross reference(s)—Definitions generally, § 1-2. Sec. 50-332.?Levy.There is hereby imposed and levied by the town on each person a tax at the rate of 6.5 percent on the amount paid for meals purchased from any food establishment, whether prepared in such food establishment or not, and whether consumed on the premises or not. (Code 1984, § 16-171; Ord. of 6-12-2000, § 16-171; Ord. of 6-11-2007(2); Ord. of 6-27-2017)Sec. 50-333.?Collection of tax by seller.(a)Every person receiving any payment for food with respect to which a tax is levied under this article shall collect and remit the amount of the tax imposed by this article from the person on whom the tax is levied or from the person paying for such food at the time payment for such food is made; provided, however, no blind person operating a vending stand or other business enterprise under the jurisdiction of the state department for the visually handicapped and located on property acquired and used by the United States for any military or naval purpose shall be required to collect or remit such taxes. (b)All tax collections under this article shall be deemed to be held in trust for the town. (Code 1984, § 16-172; Ord. of 6-12-2000, § 16-172)Sec. 50-334.?Exemptions; limits on application.(a)The tax imposed under this article shall not be levied on the following items when served exclusively for off-premises consumption: (1)Factory-prepackaged candy, gum, nuts and other items of essentially the same nature. (2)Factory-prepackaged donuts, ice cream, crackers, nabs, chips, cookies and items of essentially the same nature. (3)Food sold in bulk. For the purposes of this subsection, a bulk sale shall mean the sale of any item that would exceed the normal, customary and usual portion sold for on-premises consumption (e.g., a whole cake, a gallon of ice cream); a bulk sale shall not include any food or beverage that is catered or delivered by a food establishment for off-premises consumption. (4)Alcoholic and nonalcoholic beverages sold in factory sealed containers. (5)Any food or food product purchased with food coupons issued by the United States Department of Agriculture under the Food Stamp Program or drafts issued through the Virginia Special Supplemental Food Program for Women, Infants, and Children. (6)Any food or food product purchased for home consumption as defined in the federal Food Stamp Act of 1977, 7 USC 2012, as amended, except hot food or hot food products ready for immediate consumption. For the purposes of administering the tax levied under this article, the following items whether or not purchased for immediate consumption are excluded from the definition of food in the federal Food Stamp Act: sandwiches, salad bar items sold from a salad bar, prepackaged single-serving salads consisting primarily of an assortment of vegetables, and nonfactory sealed beverages. This subsection shall not affect provisions set forth in subsections (c)(3)—(5) of this section. (b)A grocery store, supermarket or convenience store shall not be subject to the tax except for any portion or section therein designated as a delicatessen or designated for the sale of prepared food and beverages. (c)The tax imposed under this article shall not be levied on the following purchases of food and beverages: (1)Food and beverages furnished by food establishments to employees as part of their compensation when no charge is made to the employee. (2)Food and beverages sold by day care centers, public or private elementary or secondary schools or food sold by any college or university to its students or employees. (3)Food and beverages for use or consumption and which are paid for directly by the commonwealth, any political subdivision of the commonwealth or the United States. (4)Food and beverages furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm, handicapped, battered women, narcotic addicts or alcoholics, or other extended care facility to patients or residents thereof. (5)Food and beverages furnished by a public or private nonprofit charitable organization or establishment or a private establishment that contracts with the appropriate agency of the commonwealth to offer meals at concession prices to elderly, infirm, blind, handicapped or needy persons in their homes or at central locations. (6)Food and beverages sold on an occasional basis, not exceeding two times per calendar year, by a nonprofit educational, charitable or benevolent organization, church, or religious body as a fundraising activity, the gross proceeds of which are to be used by such organization exclusively for nonprofit educational, charitable, benevolent or religious purposes. (7)Food and beverages sold through vending machines. (Code 1984, § 16-173; Ord. of 6-12-2000, § 16-173)Sec. 50-335.?Gratuities and service charges.(a)Where a purchaser provides a gratuity for an employee of a seller, and the amount of the gratuity is wholly in the discretion of the purchaser, the gratuity is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account, provided in the latter case, the full amount of the gratuity is turned over to the employee by the seller. (b)An amount or percent, whether designated as a gratuity, tip or service charge, that is added to the price of the food and beverages by the seller, and required to be paid by the purchaser, as a part of the selling price of the food and beverages and is subject to the tax imposed by this article. (Code 1984, § 16-174; Ord. of 6-12-2000, § 16-174)Sec. 50-336.?Report of taxes collected; remittance; preservation of records.It shall be the duty of every person required by this article to pay to the town the taxes imposed by this article to make a report thereof setting forth such information as the treasurer may prescribe and require, including all purchases taxable under this article, the amount charged the purchaser for each such purchase, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article. Such records shall be kept and preserved for a period of five years. The treasurer or his duly authorized agent shall have the power to examine such records at reasonable times and without unreasonable interference with the business of such person, for the purpose of administering and enforcing the provisions of this article, and to make transcripts of all or any parts thereof. (Code 1984, § 16-175; Ord. of 6-12-2000, § 16-175)Sec. 50-337.?Penalty for violation.(a)Any person willfully failing or refusing to file a return as required under this article shall, upon conviction thereof, be guilty of a Class 1 misdemeanor except that any person failing to file such a return shall be guilty of a Class 3 misdemeanor if the amount of tax lawfully assessed in connection with the return is $1,000.00 or less. Any person violating or failing to comply with any other provision of this article shall be guilty of a Class 1 misdemeanor. (b)Except as provided in subsection (a) of this section, any corporate or partnership officer, as defined in Code of Virginia, § 58.1-3906, or any other person required to collect, account for, or pay over the meals tax imposed under this article, who willfully fails to collect or truthfully account for or pay over such tax, or who willfully evades or attempts to evade such tax or payment thereof, shall, in addition to any other penalties imposed by law, be guilty of a Class 1 misdemeanor. (c)Each violation of or failure to comply with this article shall constitute a separate offense. Conviction of any such violation shall not relieve any person from the payment, collection or remittance of the tax as provided in this article. (Code 1984, § 16-176; Ord. of 6-12-2000, § 16-176)Secs. 50-338—50-370.?Reserved.ARTICLE IX.?LODGING TAXSec. 50-371.?Definitions.For the purposes of this article, a transient person is one who for a period of not more than 90 consecutive days, either at his own expense or at the expense of another, lodges or obtains lodging at any hotel, motel, tourist home or similar place, with the exception that a person enrolled in and attending full-time a school or college within the corporate limits of the town shall not be classified as a transient. (Ord. of 1-13-2003, § 16-180)Cross reference(s)—Definitions generally, § 1-2. Sec. 50-372.?Amount of levy.There is hereby imposed and levied by the town on each transient a lodging tax in the amount of five percent of the charge made for each room rented to such transient. Such tax shall be collected from such transient at the time and in accordance with this article. (Ord. of 1-13-2003, § 16-181; Ord. of 6-13-2011)Sec. 50-373.?Collection.Every person receiving any payment for lodging with respect to which a tax levied under this article shall collect the amount of such tax so imposed from the transient on whom such tax is levied or from the person paying for such lodging at the time payment for such lodging is made. The tax required to be collected under this section shall be deemed to be held in trust by the person, firm or corporation required to collect such taxes as provided in this article. (Ord. of 1-13-2003, § 16-182)Sec. 50-374.?Reports required.The person collecting any tax as provided in this article shall make out a report thereof on such forms and setting forth such information as the town treasurer may prescribe and require, showing the amount of lodging charges collected, and taxes required to be collected. Such person shall sign and deliver such report to the town treasurer with remittance of the taxes collected, provided the amount is not delinquent at the time of payment. Such report and remittance is required by the town treasurer covering taxes collected, for each calendar month, on or before the 20th day of the month following the month in which the taxes are collected. (Ord. of 1-13-2003, § 16-183)Sec. 50-375.?Penalties for late payment.If any person shall fail or refuse to remit to the town treasurer the tax required to be collected and paid under this article within the time and in the amount specified, there shall be added to such tax by the town treasurer a penalty in the amount of ten percent thereof and interest thereon at the rate of ten percent per annum, which shall be computed upon the taxes and penalty from the first day of the month next following the month in which such taxes are due and payable. (Ord. of 1-13-2003, § 16-184)Sec. 50-376.?Failure to collect taxes or make reports.(a)If any person, whose duty it is to do so, shall fail or refuse to collect the tax imposed under this article and make timely report and remittance thereof, the town treasurer shall proceed in such manner as is practicable to obtain facts and information on which to base an estimate of the tax due. As soon as the treasurer has procured whatever facts and information may be obtainable, upon which to base the assessment of any tax payable by any person who has failed to collect, report or remit such tax, the treasurer shall proceed to determine and assess against such person the tax, penalty and interest provided in this article, and he shall notify the person by registered mail sent to his last known address of the amount of such tax, penalty and interest. The total amount thereof shall be payable ten days after the date such notice is sent. (b)In the event no information is received on which to base an estimate of the tax due, the town treasurer may issue a summons for such person, and the summons may be served upon such person by any town officer in the manner provided by law, and the treasurer may seek a conviction in the general district court of the county, or other remedy, including injunction, against such person. (Ord. of 1-13-2003, § 16-185)Sec. 50-377.?Records.It shall be the duty of every person liable for the collection and payment to the town of any tax imposed by this article to keep and preserve for a period of four years all suitable records as may be necessary to determine the amount of tax due to have been collected and paid to the town. The town treasurer, or a designated representative, may inspect such records at all reasonable times. (Ord. of 1-13-2003, § 16-186)Secs. 50-378—50-410.?Reserved.ARTICLE X.?CONSUMER ELECTRIC/UTILITY TAXSec. 50-411.?Definitions.The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Consumer means every person who, individually or through agents, employees, officers, representatives or permittees, makes a taxable purchase of electricity in this jurisdiction. Kilowatt hour (kWh) delivered means 1,000 watts of electricity delivered in a one-hour period by an electric provider to an actual consumer; except that in the case of eligible customer-generators (sometimes called co-generators) as defined in Code of Virginia, § 56.594, it means KWh supplied for the electric grid to such customer-generators, minus the kWh generated and fed back to the electric grid by such customer-generators. Person means any individual, corporation, company or other entity. Residential consumer means the owner or tenant of property used primarily for residential purpose, including but not limited to apartment houses and other multiple-family dwellings. Service provider means the person who delivers electricity to a consumer. Used primarily means related to the larger portion of the use for which electric utility service is furnished. (Ord. of 7-24-2000, § 16-190; Ord. of 10-30-2000, § 16-190)Cross reference(s)—Definitions generally, § 1-2. Sec. 50-412.?Electric utility consumer tax.(a)Levy of tax. In accordance with Code of Virginia, § 58.1-3814, effective January 1, 2001, there is imposed and levied a monthly tax on each purchase of electricity delivered to consumers by the service provider, classified as determined by such provider, as follows: (1)Residential consumers. For residential consumers, such tax shall be at the rate of $0.0075 on each kWh or fraction thereof delivered monthly to such consumer by the service provider but not to exceed $2.00 monthly. (2)Commercial and industrial consumers. For commercial and industrial consumers, such tax shall be at the rate of $0.00575 on each kWh or fraction thereof for the first 1,000 kWh and $0.00450 per kWh or fraction thereof over 1,000 kWh delivered monthly to such consumer by the service provider. Maximum of $50.00 monthly. (3)Conversion. The conversion of tax pursuant to this article to monthly kWh delivered shall not be effective before the first meter reading after December 31, 2000. Prior to which time the tax previously imposed by this jurisdiction shall be in effect. (b)Exemption. The following consumers of electricity are exempt from the tax imposed by this article. (1)Any public safety agency as defined in Code of Virginia, § 58.1-3813. (2)The United States of America, the commonwealth and the political subdivisions thereof, including this jurisdiction. (c)Billing. The service provider shall bill the electric utility consumer tax to all users who are subject to the tax and to whom it delivers electricity and shall remit the tax to this jurisdiction on a monthly basis. Such taxes shall be paid by the service provider to this jurisdiction in accordance with Code of Virginia, § 58.1-3814(F) and (G) and Code of Virginia, § 58.1-2901. If any consumer receives and pays for electricity but refuses to pay the tax imposed by this section, the service provider shall notify this jurisdiction of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and upon collection of the bill or any part thereof shall apportion the net amount collected between the charge for electric service and the tax and remit the tax portion to this jurisdiction. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to this jurisdiction. (d)Computation of bills not on monthly basis. Bills shall be considered as monthly bills for the purposes of this article if submitted 12 times per year of approximately one month each. Accordingly, the tax for a bimonthly bill, approximately 60 days, shall be determined as follows: a.The kWh shall be divided by two; b.A monthly bill will be calculated using the rates set forth in subsection (a) of this section; 3.The tax determined by subsection (d)(2) of this section shall be multiplied by two; 4.The tax in subsection (d)(3) of this section shall not exceed twice the monthly maximum tax. (Ord. of 7-24-2000, § 16-191; Ord. of 10-30-2000, § 16-191)Sec. 50-413.?Penalties.Any consumer of electricity failing, refusing or neglecting to pay the tax imposed and levied under this article, and any officer, agent or employee of any service provider violating the provisions of this article shall, upon conviction thereof, be punished by a fine of not less than $50.00 nor more than $250.00, or by imprisonment in jail for not more than 30 days, or by both such fine and imprisonment. Each such failure, refusal, neglect or violation shall constitute a separate offense. Such conviction shall not relieve any person from the payment, collection and remittance of the tax as provided in this article. (Ord. of 7-24-2000, § 16-192; Ord. of 10-30-2000, § 16-192)Chapter 54?TRAFFIC AND VEHICLESARTICLE I.?IN GENERALSec. 54-1.?Adoption of state law.Pursuant to the authority of Code of Virginia, § 46.2-1313, all of the provisions and requirements of the laws of the state contained in Code of Virginia, tit. 46.2, Code of Virginia, § 16.1-278 et seq., and Code of Virginia, § 18.2-266 et seq. are adopted and incorporated in this chapter by reference. Nothing contained in this section shall require the readoption of ordinances heretofore validly adopted. Local authorities may adopt ordinances incorporating by reference the appropriate provisions of state law before the effective date of such state law; provided that such local ordinances do not become effective before the effective date of the state law. The provisions of this section are declaratory of existing law. Reference to the term "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the town. Such provisions and requirements, as amended or hereafter amended, are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the town to violate or fail, neglect or refuse to comply with any provisions of Code of Virginia, tit. 46.2 and Code of Virginia, § 16.1-278 et seq. and Code of Virginia, § 18.2-266 et seq., as amended or hereafter amended, which is adopted by this section; provided that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Code of Virginia, tit. 46.2 or under Code of Virginia, § 18.2-266 et seq., or hereafter amended. (Code 1984, § 17-1; Ord. of 7-23-2001, § 17-1)State law reference(s)—Authority to adopt, Code of Virginia, § 46.2-1313. Sec. 54-2.?Compliance with chapter; general penalty for violations.It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter or any rule or regulation promulgated pursuant thereto. Unless otherwise specifically provided, a violation of this chapter or any such rule or regulation shall constitute a traffic infraction punishable by a fine of not less than $25.00 nor more than $100.00. (Code 1984, § 17-2; Ord. of 7-23-2001, § 17-2)State law reference(s)—Violations of traffic regulations, Code of Virginia, § 46.2-113; law prohibiting town from imposing penalty in excess of that imposed for a similar state law offense, Code of Virginia, § 46.2-1300. Sec. 54-3.?Definitions.Words, terms and phrases in this chapter which are the same as those which are defined in Code of Virginia, § 46.2-100 shall, for the purposes of this chapter, have the same meanings, respectfully, as are ascribed to them in Code of Virginia, § 46.2-100. (Code 1984, § 17-3)Cross reference(s)—Definitions generally, § 1-2. Sec. 54-4.?Regulation and control of traffic; authority of town manager.(a)The regulation and control of traffic upon the streets, where traffic is heavy or continuous or where, in the judgment of the town manager, conditions may require, shall be by means of police officers or by signaling devices, signs, signals or markers. (b)The town manager is authorized and directed to make, promulgate and enforce rules and regulations not inconsistent with state law or this Code to control traffic. (c)The town manager is further authorized to erect and maintain such appropriate signs, signals, markers or other devices as may be deemed necessary by him to control traffic, and to carry out the provisions of this chapter. (Code 1984, § 17-4)Sec. 54-5.?Placement of traffic control devices upon action of council.When the council designates an intersection as one at which the driver of a vehicle is required to stop or to yield the right-of-way before entering such intersection, or designates a street upon which traffic is to proceed only in one direction, or designates a place at which U-turns are prohibited or at which turning movements are otherwise prohibited or restricted, or imposes any other regulation of traffic for which a traffic control sign, signal, marking or device which by state law is required to be in place to give notice to drivers of vehicles or to pedestrians, the town manager shall cause an appropriate traffic control device to be installed and maintained at each place within the town where it may be required. (Code 1984, § 17-5)Sec. 54-6.?Required compliance with official traffic control signs, signals, markings and devices.All traffic control signs, signals, markings and devices which are in place anywhere within the town pursuant to authority of state law, this Code or other ordinance shall be complied with; and it shall be unlawful for the driver of any vehicle or for any pedestrian to violate or fail to comply with any requirement, prohibition or directive contained in any such traffic control sign, signal, marking or device except by directive of a police officer. (Code 1984, § 17-6)State law reference(s)—Uniform marking and signing of highways, Code of Virginia, § 46.2-830. Sec. 54-7.?Authority of firefighters and rescue squad members to direct traffic.(a)Officers of the fire department may direct or assist the police in directing traffic at or in the immediate vicinity of a fire. (b)Members of the rescue squad may direct traffic until the arrival of a police officer or assist the police when requested, in directing traffic at or in the immediate vicinity of an accident. (Code 1984, § 17-7)Cross reference(s)—Fire prevention and protection, ch. 26. State law reference(s)—Authority of town to adopt ordinances relative to powers and duties of fire companies, Code of Virginia, § 27-14. Sec. 54-8.?Temporary removal and disposition of vehicles involved in accidents.Whenever a motor vehicle, trailer or semitrailer involved in an accident is found upon the highways or streets in the town and is so located as to impede the orderly flow of traffic, the police may at no cost to the owner or operator remove such motor vehicle, trailer or semitrailer from the highways or streets to some point in the vicinity where it will not impede the flow of traffic or have the vehicle removed to a storage area for safekeeping and shall report the removal to the state department of motor vehicles and to the owner of the vehicle as promptly as possible. If the vehicle is removed to a storage area, the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage. (Code 1984, § 17-8)State law reference(s)—Similar provisions, Code of Virginia, § 46.2-1212. Sec. 54-9.?Permits required to perform construction or repair work within right-of-way lines of public roadways.(a)Pursuant to the provisions of Code of Virginia, § 46.2-1303, the town does hereby authorize the town engineer or director of public works to issue a permit prior to the performance by any person, of construction and repair work within the right-of-way lines of any public highways under the jurisdiction of the political subdivision. Such authority, however, shall not extend to any railroad crossings or to any highways under the jurisdiction of the state department of motor vehicles. (b)At his discretion, the town engineer, or director of public works may also require the person to put up an adequate performance bond on any and all work performed within the right-of-way lines to ensure that the work is performed properly without undue damage to the street or right-of-way. (c)No person shall enter into any repair, alteration, construction, or reconstruction of any type whatever, other than emergency repairs to or maintenance of public utility facilities within the right-of-way lines of any public highway without first having obtained a permit for such work from the agency or officer designated in this section. (d)Such permit may require the notification of all emergency services likely to be affected by such repair, alteration, construction or reconstruction; the types of traffic control devices necessary to properly warn the motoring public and provide for reinspection by the appropriate authority from time to time and at the conclusion of such repair, alteration, construction, or reconstruction. (e)The owner or owners of any such firm, partnership or corporation shall be subject to arrest for a violation of this section or his representative on the site, if the owner is not present. (f)The person requesting such permit shall be responsible for furnishing and maintaining the required traffic control devices in accord with the Virginia Manual of Uniform Traffic Control Devices for Streets and Highways. (g)The penalty for violation of this section shall be a fine of not less than $25.00 nor more than $100.00 for the first offense and not less than $100.00 nor more than $500.00 for the second and subsequent offenses. (Ord. of 7-23-2001, § 17-9)Secs. 54-10—54-30.?Reserved.ARTICLE II.?OPERATIONSec. 54-31.?Speed limits.The speed limits for all vehicular traffic in the town shall be as follows or as posted: Business districts: Twenty-five miles per hour. College Avenue (between state line and Virginia State Route 720): Thirty-five miles per hour. Commerce Drive: Twenty-five miles per hour. First Street: Fifteen miles per hour. Meadows Street: Virginia Street to First Street, 15 miles per hour. Residential areas: Twenty-five miles per hour: Ridge Road: Twenty-five miles per hour. School zones: Twenty-five miles per hour. Virginia Avenue: Meadow Street to state line, 25 miles per hour. Virginia State Route 102 (S. College Avenue): (1)?Twenty-five miles per hour, except as provided in this section. (2)?From the intersection of State Route 720 to the intersection of Sexton Hills Drive, 35 miles per hour. Virginia State Route 720 (Valleydale Street): (1)?Twenty-five miles per hour, except as provided in this section. (2)?From the intersection of Thorn Street to the intersection of Richwood Circle, 35 miles per hour. (3)?From the intersection of Mountain View Avenue to the intersection of state Route 102 (College Avenue), 35 miles per hour. Wesley Street to town limits: Twenty-five miles per hour. (Code 1984, § 17-21; Ord. of 7-26-1999, § 17-21; Ord. of 1-22-2001)State law reference(s)—Authority of town to regulate speed limits, Code of Virginia, § 46.2-1301. Sec. 54-32.?Parade permit.(a)It shall be unlawful for any person, firm, corporation, organization, association or any other entity to conduct a parade, procession, march, demonstration or any other activity upon the streets and sidewalks of the town, such as to obstruct traffic or impede the movement of motor vehicles and pedestrians through and over the streets and sidewalks of the town, without obtaining a parade permit from the town council. Any applications for a parade permit shall be made at least 15 days prior to the date of the parade, procession, march, demonstration or any other activity. Such application will include the date, time and place of start of the activity, the route, if any, to be traveled, the approximate number of persons and/or vehicles expected, the place and approximate time when the activity will cease, and the purpose for the activity. The route of travel, if any, may be designated by the town manager or chief of police. The date, time, route of travel and any other matters related to such parade application are subject to reasonable change by the town council. (b)Any person, firm, corporation, association, organization or any other entity making such request shall be entitled to one such parade permit per year. Any such person, firm, corporation, organization, association or any other entity requesting a second parade permit within any calendar year shall be required to reimburse the town for its reasonable costs incurred, to include, but not limited to the costs of additional police and fire protection, maintenance and cleanup. (c)This section shall not be applicable to funeral processions. Funeral directors shall notify the chief of police, by telephone or otherwise, not less than 12 hours before any funeral procession under their direction is to start of the time and place of the start of the procession, the route to be traveled to the place of burial, and the approximate number of vehicles to be in the procession. Funeral directors shall comply with any instructions given them by the chief of police, who may, among other things, require that headlights be turned on or that other means of identification of vehicles in the funeral procession be adopted. All vehicles so designated shall have the right-of-way over all vehicles, except emergency vehicles, at any street or highway intersection within the town and may proceed through a stop sign or signal intersection with proper caution and safety. (Code 1984, § 17-22)Sec. 54-33.?Right-of-way for funeral processions under police or sheriff's escort; improper joining of, passing through, or interfering with processions prohibited; use of hazard lights by vehicles traveling in funeral procession.(a)Funeral processions traveling under police or sheriff's escort shall have the right-of-way in any highway through which they may pass. (b)Vehicles traveling as part of a funeral procession may flash all four turn signals or hazard lights to identify themselves as part of the procession. (c)No vehicle that is not properly part of a funeral procession shall join, pass through, or interfere with the passage of any funeral procession under escort as provided in this section. (Code 1984, § 17-23)State law reference(s)—Right-of-way of funeral processions under police escort, Code of Virginia, § 46.2-828. Sec. 54-34.?Blocking intersection.No operator of a vehicle shall enter an intersection or a marked crosswalk unless there is sufficient space beyond such intersection or crosswalk in the direction in which such vehicle is proceeding to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. (Code 1984, § 17-24)Sec. 54-35.?Unnecessary noise in the operation of motor vehicles; loudspeakers.(a)No vehicle shall be loaded with materials likely to create loud noises by striking together, without using every reasonable effort to deaden the noise. (b)The use in, upon or attached to any motor vehicle operating on any street of the town of any radio, phonograph, musical instrument, bell, whistle, loudspeaker, amplifier or device of any kind whatsoever whereby sound therefrom is cast upon any street to promote or advertise the sale of goods, wares or merchandise, or for the purpose of advertising auction sales, sporting events or other businesses or things advertised thereby, is prohibited, except pursuant to a permit issued by authority of the council. The provisions of this subsection shall not apply to motor vehicles driven in a duly authorized parade. The use of a loudspeaker on a motor vehicle for making auction sales in streets directly in front of the property then being sold, and entirely outside of the business districts of the town, shall not be construed as a violation of this subsection when such use is limited strictly to the selling at auction of such property. (c)It shall be unlawful for any person in operating a motor vehicle or motorcycle within the town to create in the operation thereof any unreasonably loud, disturbing or unnecessary noise. (d)In operating a motor vehicle or motorcycle, the following acts, among others, are declared to create loud, disturbing and unnecessary noises in violation of this section; but such enumeration shall not be deemed to be exclusive: (1)The use of a motor vehicle or motorcycle so out of repair as to cause thereby loud and unnecessary grating, grinding, rattling or any of such noises, or any other unnecessary noise. (2)The practice of unnecessarily racing the motor of a motor vehicle or motorcycle while standing or moving, thereby causing unnecessary noise from such motor. (3)The practice of unnecessarily retarding the spark to the motor of a motor vehicle or a motorcycle, for purposes of breaking or decreasing the speed of such motor vehicle or motorcycle which thereby causing unnecessary loud and explosive noise from the motor. (4)In starting a motor vehicle or motorcycle from a standing position, the practice of gaining speed unnecessarily quickly, thereby causing unnecessary and loud noise from the motor and the screeching of tires, or either of such noises. (5)The practice of coming to an unreasonably quick stop with a motor vehicle or motorcycle, thereby causing unnecessary grinding of brakes and screeching of tires or either of such noises. (Code 1984, § 17-25; Ord. of 2-14-2011)Sec. 54-36.?Unlawful riding.No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This section shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. (Code 1984, § 17-26)Sec. 54-37.?Boarding or alighting from moving vehicles.No person shall board or alight from any vehicle while such vehicle is in motion. (Code 1984, § 17-28)Secs. 54-38—54-70.?Reserved.ARTICLE III.?STOPPING, STANDING AND PARKINGDIVISION 1.?GENERALLYSec. 54-71.?Authority of town manager to regulate parking by rules and regulations; compliance.The town manager is hereby authorized and directed to make, promulgate and enforce rules and regulations not inconsistent with state law or this Code for the parking of vehicles upon the highways; to classify vehicles with reference to parking; to designate the time, place and manner such vehicles may be allowed to park on the highways; and to make, promulgate and enforce such additional rules and regulations as parking conditions may require. It shall be unlawful for any person to refuse, fail or neglect to comply with the provisions of this article or with any of such rules and regulations. (Code 1984, § 17-61)Sec. 54-72.?Traffic control parking device directives to be obeyed; authority to erect traffic control parking devices.(a)At any place where a traffic control sign or marking is in place, indicating that parking at such place is prohibited, or is prohibited during certain hours of the day or days of the week or in excess of a certain period of time, or is restricted to certain vehicles or certain uses, or is limited in any other respect, no person shall stand or park a vehicle or permit a vehicle to remain standing or parked at such place in violation of the prohibition or limitation indicated by such sign or marking. (b)The council may designate streets and public places, or portions thereof, within the town upon which or at which parking shall be prohibited, restricted or limited in such manner and to such extent as may be considered necessary by the council for the regulation of the use of such streets and public places in the best interests of the public, and may direct the town manager to place or cause to be placed traffic control signs or markings at such places to give notice of the prohibitions, restrictions or limitations so imposed. Included within the meaning of this section are traffic control signs and markings, among others not specified in this section, as follows: (1)No parking at any time; (2)No parking between certain hours; (3)Parking limited to time; (4)Parking prohibited except Sundays and holidays; (5)No parking this side of street; (6)No parking from here to corner; (7)Bus stop; (8)Safety zone; (9)Physician parking only; (10)Parking in front of a private driveway; (11)Parking within 15 feet of a fire hydrant; (12)Parking in a designated fire lane; (13)Parking within 15 feet of the entrance to a fire station or to a building plainly designated as housing rescue squad or emergency services equipment; (14)Parking within 20 feet from the intersection of curblines or, if none, then within 15 feet of the intersection of property lines at any street or highway intersection; (15)Official cars only; and (16)Other prohibitions, restrictions and limitations on parking, as determined by the council. (c)In any case where, by state law, permission of the state highway commissioner or other state authority is required prior to erection of any traffic control device, such permission shall be obtained prior to installation of such device. (Code 1984, § 17-62; Ord. of 7-23-2001, § 17-62)State law reference(s)—Parking in certain locations prohibited, Code of Virginia, § 46.2-1239. Sec. 54-73.?Parking vehicle without current license plate on street prohibited.It shall be unlawful for any person to park any vehicle having no current license plate on any street or highway in the town. (Code 1984, § 17-63)Sec. 54-74.?Manner of parking.No vehicle shall be stopped or parked except close to and parallel to the righthand edge of the curb or roadway; except that a vehicle may be stopped or parked close to and parallel to the lefthand curb or edge of the roadway on one-way streets or may be parked at an angle where angle parking is permitted; but nothing in this section shall be construed to permit stopping or parking at any place where stopping or parking is prohibited. (Code 1984, § 17-64)Sec. 54-75.?Angle parking.Notwithstanding any of the provisions of this article, the town council may, when in its discretion the public interest so requires, provide for angle parking on any street or portion thereof if such streets are marked so as to apprise an ordinarily observant person of such regulation. (Code 1984, § 17-65; Ord. of 7-23-2001, § 17-62(c))Sec. 54-76.?Manner of using loading zones.Where a loading and unloading zone has been set apart by the council in accordance with applicable provisions of this article, the following regulations shall apply with respect to the use of such areas: (1)No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in any place marked as a curb loading zone during hours when the provisions applicable to such zones are in effect. All delivery vehicles other than regular delivery trucks using such loading zones shall be identified by the owner's or company's name in letters three inches high on both sides of the vehicle. (2)The driver of a passenger vehicle may stop temporarily in a space marked as a curb loading zone for the purpose of, and while actually engaged in, loading or unloading passengers or bundles when such stopping does not interfere with any vehicle used for the transportation of materials which is waiting to enter or is about to enter such loading space. (Code 1984, § 17-66)Sec. 54-77.?Manner of using bus stops and taxicab stands.(a)Where a bus stop or taxicab stand has been set apart by the council in accordance with the applicable provisions of this chapter, the regulations specified in subsection (b) of this section shall apply as to the use thereof. (b)No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in the expeditious loading or unloading of passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. (Code 1984, § 17-67)Sec. 54-78.?Washing, greasing, etc., vehicle on street or sidewalk.No person shall wash, polish or grease a vehicle upon a public street or sidewalk, nor shall the owner of a vehicle permit it to be washed, polished or greased upon a public street or sidewalk. (Code 1984, § 17-68)Cross reference(s)—Streets, sidewalks and other public places, ch. 46. Sec. 54-79.?Parking in spaces reserved for persons with disabilities; penalty.(a)Illegally parking in spaces reserved for persons with disabilities. No vehicles other than those displaying disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, or temporary removable windshield placards issued under Code of Virginia, § 46.2-1241, or DV disabled parking license plates issued under Code of Virginia, § 46.2-739(B), shall be parked in any parking spaces reserved for persons with disabilities. (1)It shall be unlawful for a vehicle not displaying disabled parking license plates, an organizational removable windshield placard, a permanent removable windshield placard, or a temporary removable windshield placard issued under Code of Virginia, § 46.2-1241, or DV disabled parking license plates issued under Code of Virginia, § 46.2-739(B), to be parked in a parking space reserved for persons with disabilities that limit or impair their ability to walk or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parking space so designated except when transporting a person with such a disability in the vehicle. (2)In any prosecution charging a violation of this section, proof that the vehicle described in the complaint, summons, parking ticket, citation, or warrant was parked in violation of this section, together with proof that the defendant was at the time the registered owner of the vehicle, shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the violation. (3)Parking a vehicle in a space reserved for persons with disabilities in violation of this section shall be punishable by a fine of not less than $100.00 nor more than $500.00. (4)No violation of this section shall be dismissed for a property owner's failure to comply strictly with the requirements for disabled parking signs, as set forth in Code of Virginia, § 36-99.11, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk. (b)Towing of unauthorized vehicles. The owner or duly authorized agent of the owner of a parking space properly designated and clearly marked as reserved for use by persons with disabilities that limit or impair their ability to walk may have any vehicle not displaying disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, temporary removable windshield placards, or DV disabled parking license plates removed from the parking space and stored. (c)Reclaiming vehicles; payment of costs. The owner of a vehicle which has been removed and stored may regain possession of his vehicle on payment to the person or persons who removed and stored the vehicle all reasonable costs incidental to the removal and storage. The owner of the vehicle, on notice to the owner or duly authorized agent of the owner of the parking space, may also petition the general district court having jurisdiction over the location where the parking occurred for an immediate determination as to whether the removal of the vehicle was lawful. If the court finds that the removal was unlawful, the court shall direct the owner of the parking space to pay the costs incidental to the removal and storage of the vehicle and return the vehicle to its owner. (Code 1984, § 17-74; Ord. of 7-23-2001, § 17-74)State law reference(s)—Parking for persons with disabilities, Code of Virginia, § 46.2-1240 et seq.; persons with disabilities, Code of Virginia, § 51.5-1 et seq. Sec. 54-80.?Presumption where vehicle illegally parked.In any prosecution charging a violation of any parking regulation contained in this article, proof that the vehicle described in the complaint, summons or warrant was parked in violation of such regulation, together with proof that the defendant was at the time of such parking the registered owner of the vehicle as required by Code of Virginia, § 46.2-300 et seq., shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. (Code 1984, § 17-73)State law reference(s)—Presumption, Code of Virginia, §§ 46.2-1220, 46.2-1221. Sec. 54-81.?Liability of vehicle owner.The registered owner of any vehicle operated within the town shall be directly responsible for all parking violations committed by his vehicle regardless of who the driver of the vehicle may have been at the time of violation. (Code 1984, § 17-75)Secs. 54-82—54-100.?Reserved.DIVISION 2.?REGULATED PARKING ZONESSec. 54-101.?Establishment of zones.The town manager is authorized, subject to the approval of the council, to establish regulated parking zones at locations upon those streets or parts of streets where it is determined upon the basis of an engineering and traffic investigation that regulated parking zones shall be necessary to aid in the regulation, control and inspection of the parking of vehicles. (Code 1984, § 17-86)Sec. 54-102.?Unlawful parking; penalty.(a)Unlawful parking. It shall be unlawful for any motor vehicle or trailer to be parked in any parking area formally designated as a regulated parking zone for a continuous and uninterrupted period of more than two hours, between the hours of 8:00 a.m. and 6:00 p.m., except for Sundays, holidays and unless otherwise indicated. (b)Penalties. Violation of this section shall constitute a misdemeanor, and anyone found guilty of violation of this section shall be fined $5.00. After a motor vehicle has had placed thereon a ticket for violation of this section, each hour that such vehicle shall remain so parked shall constitute an additional and subsequent offense. Any motor vehicle which is found parked in violation of this section on three separate days within a 30-day period shall be fined up to an additional $100.00. (Code 1984, § 17-87; Ord. of 7-23-2001, § 17-87)Secs. 54-103—54-120.?Reserved.DIVISION 3.?RESTRICTED PARKINGSec. 54-121.?Trucks, semitrailers, etc.It shall be unlawful for any person between the hours of sunset and sunrise to leave parked and unattended, upon any state highway in the town, by which is meant the extension of any state highway passing through the town, any truck, trailer, semitrailer or other vehicle, which is of such size and dimension that in order to conform with the requirements of Code of Virginia, §§ 46.2-1017 and 46.2-1018, marker lights are required thereon. Exception is made whereby such parking is made necessary by reason of breakdown or other emergency, in which case flares as required by Code of Virginia, § 46.2-111 shall be so placed and exhibited as to warn approaching motorists of the presence of such parked vehicle. (Code 1984, § 17-101)Sec. 54-122.?No-parking areas.All no-parking areas shall be yellow lined. In addition to the no-parking areas as designated in section 54-72, the following streets are designated as no-parking areas unless an exception is expressly stated: Behind city hall: The area at the back of the city hall shall be used exclusively by the police department, town officials and employees. Logan Street: North side. Virginia Avenue: From Meadows Street to the state line, on the south side. (Code 1984, § 17-102)Secs. 54-123—54-150.?Reserved.ARTICLE IV.?BICYCLESDIVISION 1.?GENERALLYSec. 54-151.?Disposition of unclaimed bicycles.Any bicycle which has been in the possession of the police department for more than 30 days and shall remain unclaimed shall be sold at public sale after a notice, setting forth the time, place and date of sale, has been advertised for at least 15 days by written notices posted in at least three public places in the town. (Code 1984, § 17-116)Secs. 54-152—54-170.?Reserved.DIVISION 2.?LICENSESec. 54-171.?Required; tags or plates to be attached to bicycle.Every person owning a bicycle and residing in the town shall obtain a license therefor and a license plate or tag therefor of such design and materials as may be determined by the police department of the town, and such license plate or tag shall be securely attached to the bicycle for which it is issued. (Code 1984, § 17-126)Sec. 54-172.?Applications.Application for a license plate or tag required by this division shall be made upon forms to be provided by the police department. (Code 1984, § 17-127)Sec. 54-173.?Transfer of plates and tags.License plates or tags required by this division shall not be transferable from one person to another and shall be used only by the person to whom issued. However, the owner of such license plate or tag may transfer the license plate or tag to a bicycle subsequently purchased by him, but only after authority to make such transfer has been granted by the police department. (Code 1984, § 17-128)Sec. 54-174.?Fee.The fee for a license plate or tag required by this division shall be $1.00, payable annually, running from January 1 to December 31; and the fee may be prorated. (Code 1984, § 17-129)Sec. 54-175.?Violations; penalties.Any person operating a bicycle on the streets, highways, roads or sidewalks of the town without having attached thereto a license issued for such bicycle as prescribed in this division shall be guilty of a misdemeanor and subject to a fine of not more than $25.00. Any violation of this division shall constitute a misdemeanor, and any person found guilty of violating any of the provisions of this division shall be subject to a fine of not more than $25.00. (Code 1984, § 17-130)Secs. 54-176—54-200.?Reserved.ARTICLE V.?ABANDONED, IMMOBILIZED UNATTENDED VEHICLESSec. 54-201.?Removal and disposition.(a)Whenever any motor vehicle, trailer or semitrailer is found on the public streets or public grounds unattended by the owner or operator and constitutes a hazard to traffic or is parked in such manner as to be in violation of law, or whenever any motor vehicle, trailer or semitrailer is left unattended for more than ten days upon any public property or privately owned property other than the property of the owner of such motor vehicle, trailer or semitrailer, within the town, or is abandoned upon such public property or privately owned property, without the permission of the owner, lessee or occupant thereof, or is immobilized on a public roadway by weather conditions or other emergency situations, any such motor vehicle, trailer or semitrailer or parts thereof may be removed for safekeeping by or under the direction of a police officer to a storage garage or area. No such vehicle shall be so removed from privately owned premises without the written request of the owner, lessee or occupant of the premises. The person at whose request such motor vehicle, trailer or semitrailer or parts thereof is removed from privately owned property shall indemnify the town against any loss or expense incurred by reason of removal, storage or sale thereof. (b)It shall be presumed that such motor vehicle, trailer or semitrailer, or part thereof, is abandoned if: (1)It lacks either: a.A current license plate; b.A current county, city or town plate or sticker; or c.A valid state inspection certificate or sticker; and (2)It has been in a specific location for four days without being moved. (c)Each removal shall be reported to the town manager and notice thereof given to the owner of the motor vehicle, trailer or semitrailer as promptly as possible. The owner of such vehicle or trailer or semitrailer, before obtaining possession thereof, shall pay all reasonable costs incidental to the removal, storage and locating the owner of the motor vehicle, trailer or semitrailer. (d)If such owner fails or refuses to pay the cost or should the identity or whereabouts of such owner be unknown and unascertainable after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record in the office of the state department of motor vehicles against the motor vehicle, trailer or semitrailer, the town manager may treat the vehicle as abandoned under the provisions of Code of Virginia § 46.2-1200 et seq. (Code 1984, § 17-70)State law reference(s)—Authority for this section, Code of Virginia, § 46.2-1213; abandoned vehicles generally, Code of Virginia, § 46.2-1200 et seq. Sec. 54-202.?Contracts with private persons for removal and disposition of vehicles.The town shall have the power to enter into contracts with the owner or operator of garages or places for the removal or storage of vehicles referred to in section 54-201. The contracts shall provide for the payment by the town of reasonable charges for the removal and storage of such vehicles, shall require such owners or operators to deliver such vehicles to the owners thereof or their agents upon demand therefor, upon furnishing satisfactory evidence of identity and ownership or agency and upon payment of such removal and storage charges, and that the owners or operators of such garages or places of storage will indemnify the owners of such vehicles for injury or damage thereto resulting from the negligent removal or storage thereof; and such owners or operators shall be required to provide themselves with adequate liability insurance to cover such indemnity. (Code 1984, § 17-71)Sec. 54-203.?Sale of personal property found in unattended vehicles.Any personal property found in any unattended or abandoned motor vehicle, trailer or semitrailer may be sold incident to the sale of any such vehicle as authorized in section 54-201. (Code 1984, § 17-72)State law reference(s)—Similar provisions, Code of Virginia, 46.2-1214. Secs. 54-204—54-300.?Reserved.ARTICLE VI.?GOLF CARTS AND UTILITY VEHICLESSec. 54-301.?Definitions.Driver's license means any license, including a commercial driver's license issued under the laws of any state, authorizing the operation of a motor vehicle but does not include a learner's permit. Golf cart means a self-propelled vehicle which cannot exceed a speed of 25 mph that is designated to transport persons playing golf and their equipment on a golf course. Utility vehicles means a motor vehicle that is designed for off road use, powered by an engine of no more than 25 horsepower and is used for general maintenance, security, agriculture or horticultural purposes. Utility vehicles do not include all-terrain vehicles. (Ord. of 9-10-2013)Sec. 54-302.?Operation of golf carts and utility vehicles.Golf carts and utility vehicles may be operated upon the streets of the town subject to the following limitations: (1)No person shall operate a golf cart or utility vehicle on any street unless he has in his possession a valid driver's license. (2)Golf carts or utility vehicles shall be operated on designated streets only between sunrise and sunset. (3)Every golf cart or utility vehicle whenever operated on a designated street shall display a slow-moving vehicle emblem, and a town registration sticker affixed to the front of the vehicle, passenger side, shall have adequate brakes and such other safety equipment as required by the Code of Virginia. (4)The number of persons riding in a golf cart or utility vehicle shall be equal to the number of seats in the golf cart. (5)Persons utilizing golf carts or utility vehicles on designated streets are subject to the traffic and criminal laws of the town and the Commonwealth of Virginia. Any infraction may be cited and enforced by law enforcement. (6)Golf carts and utility vehicles shall be registered with the town. At the time of such registration an approved registration sticker shall be purchased from the town. (Ord. of 9-10-2013)Sec. 54-303.?Designated streets for golf cart use.The following streets in the town are designated for use by golf carts and utility vehicles. (1)All streets within the town that have a posted speed limit of 25 mph or less and are not marked for two specific lanes with a center line for two-way traffic. Golf carts and utility vehicles may cross a street with a speed limit of up to 35 mph or a street marked with a center line at any street intersection. (2)Golf carts and utility vehicles are specifically prohibited on the following streets: a.High Street; b.Montrose Street; c.Neel Street; d.Stockton Street; e.Laurel Street; f.Woody Lane; g.Mill Street; h.Depot Street. (Ord. of 9-10-2013)Sec. 54-304.?Violations.Any violation of the article shall be punishable as a Class 4 misdemeanor, unless otherwise chargeable as a traffic or similar infraction. (Ord. of 9-10-2013)Subpart B ?LAND DEVELOPMENT REGULATIONSChapter 62?EROSION AND SEDIMENT CONTROL AND STORMWATER MANAGEMENTARTICLE I.?IN GENERALSecs. 62-1—62-30.?Reserved.ARTICLE II.?EROSION AND SEDIMENT CONTROLSec. 62-31.?Introduction, purpose and title.(a)During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other species. Eroded soil also necessitates repair of sewers and ditches and the dredging of streams and lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat. (b)As a result, the purpose of this article is to safeguard persons, protect property, and prevent damage to the environment in the town. This article will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other regulated activity that disturbs or breaks the topsoil or results in the movement of earth on land in the town. (c)This article shall be known as the Erosion and Sediment Control Ordinance for the Town of Bluefield. The purpose of this article is to conserve the land, water, air and other natural resources of the town by establishing requirements for the control of erosion and sedimentation, and by establishing procedures whereby these requirements shall be administrated and enforced. (Code 1984, § 7-1; Ord. of 8-13-2001, § 7-1)Sec. 62-32.?Applicability of article.The provisions of this article shall be applicable within the corporate limits of the town. Administrative procedures and review fees may be established from time to time to accommodate the review of plans for development located within the town. (Code 1984, § 7-2; Ord. of 8-13-2001, § 7-2)Sec. 62-33.?Definitions.The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agreement in lieu of a plan means a contract between the plan approving authority and the owner that specifies conservation measures which must be implemented in the construction of a single-family residence. This contract may be executed by the plan approving authority in lieu of a formal site plan. Applicant means any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land disturbing activities to commence. Board means the state soil and water conservation board. Certified inspector means an employee or agent of the town who holds a certificate of competence from the board in the area of project inspection or is enrolled in the board's training program for project inspection and successfully completes such program within one year after enrollment. Certified plan reviewer means an employee or agent of the town who holds a certificate of competence from the board in the area of plan review, is enrolled in the board's training program for plan review and successfully completes such program within one year after enrollment, or is licensed as a professional engineer, architect, certified landscape architect or land surveyor to Code of Virginia, § 54.1-400 et seq. Certified program administrator means an employee or agent of the town who holds a certificate of competence from the board in the area of program administration or is enrolled in the board's training program for program administration and successfully completes such program within one year after enrollment. Clearing means any activity that removes the vegetative ground cover including, but not limited to, root mat removal or topsoil removal. Conservation plan, erosion and sediment control plan and plan means a document containing material for the conservation of soil and water resources of a unit or group of units of land. Such plan may include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations and a record of decision contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives. Denuded means land that has been physically disturbed and no longer supports vegetative cover. Department means the state department of conservation and recreation. Development means a tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain two or more residential dwelling units. District and soil and water conservation district mean the county soil and water conservation district. Dormant means denuded land that is not actively being brought to desired grade or condition. Erosion impact area means an area of land not associated with current land distributing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes. Excavating means any digging, scooping or other methods of removing earth materials. Filling means any method of depositing or stockpiling earth materials. Grading means any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled condition. Land disturbing activity means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not include: (1)Minor land disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work. (2)Individual service connections. (3)Installation, maintenance, or repairs of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided such land disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced. (4)Septic tank lines or drainage fields unless included in an overall plan for land disturbing activity relating to construction of the building to be served by the septic tank system. (5)Surface or deep mining. (6)Exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas. (7)Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which the provisions of Code of Virginia, § 10.1-1100 et seq. is converted to bona fide agricultural or improved pasture use as described in lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation. (8)Repair or rebuilding of tracks, rights-of-way, bridges, communication facilities and other related structures, and facilities of a railroad company. (9)Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act, Code of Virginia, § 10.1-604 et seq., ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation. (10)Disturbed land areas of less than 10,000 square feet in size; however, the town council may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exceptions shall apply. (11)Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles. (12)Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers. (13)Emergency work to protect life, limb or property, and emergency repairs; however, if the land disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan approving authority. Land disturbing permit means a permit issued by the town for the clearing, filling, excavating, grading, transporting of land or for any combination thereof for any purpose set forth in this article. Local erosion and sediment control program, local control program and program mean an outline of the various methods employed by the town to regulate land disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation. Owner means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. Permittee means the person to whom the permit authorizing land disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed. Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the commonwealth, any interstate body, or other legal entity. Plan approving authority means the office of the zoning administrator which is responsible for determining the adequacy of a conservation plan submitted for land disturbing activities on a unit or units of lands and for approving plans. Postdevelopment means the conditions that may be reasonably expected or anticipated to exist after completion of the land development activity on a specific site or tract of land. Predevelopment means the conditions at the time the erosion and sediment control plan is submitted to the plan approving authority. Where phases development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time the erosion and sediment control plan for the initial phase is submitted for approval shall establish predevelopment conditions. Program administrator means the zoning administrator for the town. Program authority means the town, which has adopted a soil erosion and sediment control program approved by the board. Single-family residence means a noncommercial dwelling that is occupied exclusively by one family. Stabilized means an area that can be expected to withstand normal exposure to atmospheric conditions without incurring erosion damage. State waters means all waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdictions. Transporting means any moving of earth materials from one place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. (Code 1984, § 7-3; Ord. of 8-13-2001, § 7-3; Ord. of 4-22-2014)Cross reference(s)—Definitions generally, § 1-2. Sec. 62-34.?Administration of article in conjunction with subdivision, zoning, and stormwater.This article shall be administered, where applicable, in conjunction with chapters 70, 74 and article III of this chapter pertaining to the town's subdivision, zoning, and stormwater ordinances, regulations and/or guidelines where such apply to land and/or development within the town. (Code 1984, § 7-4; Ord. of 8-13-2001, § 7-4)Sec. 62-35.?Local erosion and sediment control.(a)Pursuant to Code of Virginia, § 10.1-562, the town hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the state soil and water conservation board and those more stringent local erosion and sediment control and stormwater management criteria which the town council may adopt by resolution and incorporate into the stormwater management provisions set out in article III of this chapter and the manual of regulations, policies, and guidelines entitled Municipal and Development Guidance Manual for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Such regulations, references, guidelines, standards and specifications for erosion and sediment control are included in but not limited to the Virginia Erosion and Sediment Control Regulations and the Virginia Erosion and Sediment Control Handbook, as amended from time to time. (b)The town hereby designates the zoning administrator or his designee as the plan approving authority and the program administrator. (c)The program and regulations provided for in this article shall be made available for public inspection at the office of the zoning administrator. (Code 1984, § 7-5; Ord. of 8-13-2001, § 7-5)Sec. 62-36.?Regulated land disturbing activities; submission and approval of plans; contents of plans.(a)Except as provided in this article, no person shall engage in any land disturbing activity until he has submitted to the office of the zoning administrator an erosion and sediment control plan for the land disturbing activity and such plan has been approved by the plan approving authority. Where the land disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the plan approving authority. (b)The standards contained within the Virginia Erosion and Sediment Control Regulations, and the Virginia Erosion and Sediment Control Handbook and those more stringent local stormwater management criteria which the town council may adopt by resolution and incorporate into the manual of regulations, policies, and guidelines entitled the Municipal and Development Guidance Manual are to be used by the applicant when making a submittal under the provisions of this article and in the preparation of an erosion and sediment control plan. In cases where one standard conflicts with another, the more stringent applies. The plan approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. (c)The plan approving authority shall grant written approval within 45 days of the receipt of the plan, if it is determined that the plan meets the requirements of the local control program as specified in the Municipal and Development Guidance Manual, and if the person responsible for carrying out the plan certifies that he will properly perform the erosion and sediment control measures included in the plan and will conform to the provisions of this article. In addition, as a prerequisite to approval of the plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence, as provided by Code of Virginia, § 10.1-561, who will be in charge of and responsible for carrying out the land disturbing activity. When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify the modifications, terms and conditions that will permit approval of the plan. Failure of the plan approving authority to act on an original or revised plan within 45 days of receipt shall authorize the applicant to proceed in accordance with the plan as filed unless such time is extended by agreement between the applicant and the plan approving authority. (d)An approved plan may be changed by the plan approving authority when: (1)The inspection reveals that the plan is inadequate to satisfy applicable regulations; or (2)The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article, are agreed to by the plan approving authority and the person responsible for carrying out the plans. (e)In order to prevent further erosion, the town may require approval of a conservation plan for any land identified in the local program as an erosion impact area. (f)Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file general erosion and sediment control specifications annually with the department of conservation and recreation for review: (1)Construction, installation and maintenance of electric, natural gas and telephone utility lines and pipelines; and (2)Construction of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of the railroad company. Individual approval of separate projects within subsections (f)(1) and (2) of this section is not necessary when approved specifications are followed. Projects not included in subsections (f)(1) and (2) of this section shall comply with the requirements of the town erosion and sediment control program. (g)State agency projects are exempt from the provisions of this article, pursuant to Code of Virginia, § 10.1-564. (Code 1984, § 7-6; Ord. of 8-13-2001, § 7-6)State law reference(s)—Similar provisions, Code of Virginia, § 10.1-561. Sec. 62-37.?Permits; fees; bonding.(a)Agencies authorized under any other law to issue grading, building, or other permits for activities involving land disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed. (b)No person shall engage in any land disturbing activity until he has acquired a land disturbing permit, unless the proposed land disturbing activity is specifically exempt from the provisions of this article, and has paid the fees and posted the required bond. (c)See the Erosion and Sediment Control Guidelines in the Municipal and Development Guidance Manual for fees associated with land disturbing permits and activities. (d)All applicants shall be required to file with the town a faithful performance bond acceptable to the town attorney, to cover all costs of improvements, landscaping, maintenance and improvements for such a period as specified by the town, and engineering and inspections costs to cover the cost of failure to repair the improvements installed on the site and to ensure that measures could be taken by the town at the applicant's expense should the applicant fail, after proper notice, within the time specified by the town to initiate or maintain appropriate conservation measures required of him as a result of his land disturbing activity. Should it be necessary for the town to take such conservation action, the town may collect from the applicant any costs in excess of the amount of the surety held. Within 60 days of adequate stabilization, as determined by the program administrator, such performance bond or the unexpended or unobligated portion thereof shall be either refunded to the applicant or terminated. (e)The requirements of this section are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits. (Code 1984, § 7-7; Ord. of 8-13-2001, § 7-7)Sec. 62-38.?Monitoring, reports and inspections.(a)The town may require the person responsible for carrying out the plan to monitor and maintain the land disturbing activity. The person responsible for carrying out the plan, who is an individual holding a certificate of competence as provided by Code of Virginia, § 10.1-561, will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. (b)The program administrator or his designee shall periodically inspect the land disturbing activity as required under the state program to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. Notice of such right of inspection by the administrator or his designee shall be included in the plan approval. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection. (c)If the program administrator determines that there is a failure to comply with the plan or if the plan is determined to be inadequate, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land disturbing activities to the agent of employee supervising such activities. (d)The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this article and, upon conviction, shall be subject to the penalties provided by this article. (e)Upon determination of a violation of this article, the program administrator may, in conjunction with or subsequent to a notice to comply as specified in this article, issue an order requiring that all or part of the land disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. (f)If the land disturbing activities have commenced without an approved plan, the program administrator may, in conjunction with or subsequent to a notice to comply as specified in this article, issue an order requiring that all of the land disturbing activities be stopped until an approved plan or any required permits are obtained. (g)Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth, or where the land disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this article. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the county circuit court. (h)If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the order, the program administrator may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the county. (i)The owner may appeal the issuance of an order to the county circuit court. Any person violating or failing, neglecting or refusing to obey an order by the program administrator may be compelled in a proceeding instituted in the county circuit court to obey the order and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall be immediately lifted. Nothing in this section shall prevent the administrator from taking any other action authorized by this article. (Code 1984, § 7-8; Ord. of 8-13-2001, § 7-8)State law reference(s)—Similar provisions, Code of Virginia, § 10.1-566. Sec. 62-39.?Penalties, injunctions, and other legal actions.(a)Violators of this article shall be guilty of a Class 1 misdemeanor. (b)For civil penalties regarding the violation of this article, see the Erosion and Sediment Control Guidelines in the Municipal and Development Guidance Manual. (c)The program administrator may apply to the county circuit court to enjoin a violation or a threatened violation of this article, without the necessity of showing an adequate remedy at law does exist. (d)In addition to any criminal penalties provided under this article, any person who violates any provision of this article may be liable to the town in a civil action for damage. (e)Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting or refusing to obey an injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000.00 for each violation. A civil action for such violation or failure may be brought by the town. Any civil penalties assessed by the court shall be paid into the treasury of the town, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury. (f)With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this article, the town may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (e) of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (b) or (e) of this section. (g)The town's attorney shall, upon request of the town or the permit issuing authority, take legal action to enforce the provisions of this article. (h)Compliance with the provisions of this article shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages. (Code 1984, § 7-9; Ord. of 8-13-2001, § 7-9)State law reference(s)—Similar provisions, Code of Virginia, § 10.1-569. Sec. 62-40.?Appeals and judicial review.(a)Any applicant under the provision of this article who is aggrieved by any action of the town or its agent in disapproving plans submitted pursuant to this article shall have the right to apply for and receive a review of such action by the county circuit court. (b)Final decisions of the town under this article shall be subject to review by the county circuit court, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties or privileges of the person engaging in or proposing to engage in land disturbing activities. (Code 1984, § 7-10; Ord. of 8-13-2001, § 7-10)State law reference(s)—Appeals, Code of Virginia, § 10.1-568. Sec. 62-41.?Civil violations, summons generally.(a)The program administrator shall prepare an appropriate erosion and sediment control civil violation summons for use in enforcing this article. (b)Any inspector of the plan approving authority charged with enforcing this article shall serve upon any owner or permittee in violation of this article, a summons notifying the owner or permittee of such violation. If unable to serve the owner or permittee in person, the inspector may notify by summons an owner or permittee committing or suffering the existence of a violation by certified mail, return receipt requested, of the infraction. The town's police department or the county sheriff's office may also deliver the summons. The summons shall contain the following information: (1)The name and address of the person. (2)The nature of the violation and the article provision being violated. (3)The location, date and time that the violation occurred or was observed. (4)The amount of the civil penalty assessed for the violation. (5)The manner, location and time that the civil penalty may be paid to the town. (6)The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial. (c)The summons shall provide that any person summoned for a violation may, within ten working days of actual receipt of the summons or, within 15 days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the town treasurer's office and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose. (d)If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the town shall cause the police department to serve the summons on the person charged in the manner prescribed by law. The violation shall be tried in general district court in the same manner and with the same right of appeal as provided for in Code of Virginia, tit. 8.01. In any trial for a scheduled violation authorized by this section, it shall be the burden of the town to show the liability of the violator by the preponderance of the evidence. Any admission of liability or findings of liability shall not be a criminal conviction for any purpose. (e)The remedies provided for in this section are cumulative and are not exclusive and, except as provided in this section, shall be in addition to any other remedies by law. (f)The owner or permittee may pay the civil penalty to the town treasurer prior to the trial date, provided he also pays necessary court costs in addition to the civil penalty. (g)Within the time period prescribed in subsection (c) of this section, the owner or permittee may contest the violation by presenting it to the program administrator, who shall certify the contest in writing, on an appropriate form, to the general district court. (h)Failure to pay the civil penalty, or to contest the violation, within the time period prescribed in subsection (c) of this section, shall result in the immediate issuance of a stop work order and the revocation of the permit, if any. (Code 1984, § 7-11; Ord. of 8-13-2001, § 7-11)State law reference(s)—Penalties, Code of Virginia, §§ 10.1-569, 10.1-569.1. Sec. 62-42.?As built standards."As built" drawings are required when the work requires an erosion and sediment control and stormwater plan, when public utilities are installed, or when any new street construction is done within the town. (Ord. of 4-27-2009)Editor's note(s)—Ord. of 4-27-2009 was not specifically amendatory. Inclusion as § 62-42 was at the discretion of the editor. Secs. 62-43—62-70.?Reserved.ARTICLE III.?STORMWATER MANAGEMENTSec. 62-71.?General and findings.(a)The Town of Bluefield has unique topography which requires the design, development, improvement, operation, maintenance, and monitoring of a system of manmade and natural components of stormwater management infrastructure to both limit and manage the volume of stormwater to control flood events and to prevent degradation of the town's waterways and erosion of the town's lands through stormwater quality and quantity management. (b)Stormwater runoff is associated with all properties in the town, whether residential or nonresidential and the individual property impacts of runoff that are directly related to the amount of impervious surface on the property. (c)Stormwater management infrastructure provides benefits and services to properties within the town by directly protecting that property, by controlling flooding, and by reducing the impact of stormwater flow over that property. (Ord. of 2-14-2012)Sec. 62-72.?Title, purpose, and authority.(a)This chapter shall be known as the Stormwater Management Ordinance of the Town of Bluefield, Virginia. The purpose of this chapter is to promote and protect the general health, safety, and welfare of the citizens of the Town of Bluefield, Virginia, and to protect property, state waters, stream channels, and other natural resources from the potential harm of unmanaged stormwater, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced. (b)This article is adopted pursuant to Title 10.1, Chapter 6, Article 1.1 (§ 10.1-603.1 et seq.) of the Code of Virginia as part of an initiative to integrate the Town of Bluefield stormwater management requirements with the Town of Bluefield Code of Ordinance Chapter 62 erosion and sediment control, Chapter 74 Article VI, flood plain management requirements into a unified stormwater program. The unified stormwater program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities into a more convenient and efficient manner for both the Town of Bluefield and those responsible for compliance with these programs. (Ord. of 2-14-2012)Sec. 62-73.?Definitions.In addition to the definitions set forth in 4 VAC 50-60-10 of the Virginia Stormwater Management Regulations, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless the context clearly indicates otherwise. Administrator means the zoning administrator or the designated agent approved by Bluefield Virginia's Town Council. Agreement in lieu of a stormwater management plan means a contract between the VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of a VSMP for the construction of a single-family residence; such contract may be executed by the VSMP authority in lieu of a stormwater management plan. Applicant means any person submitting an application for a permit or requesting issuance of a permit under this chapter. Best management practice or BMP means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Clean Water Act or CWA means the Federal Clean Water Act (33 U.S.C. § 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. Common plan of development or sale means a contiguous area where separate and distinct construction activities may be taking place at different times on difference schedules. Control measure means any best management practice or other method used to prevent or reduce the discharge of pollutants to surface waters. Department means the department of environmental quality. Development means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes. Director means the director of the department of environmental quality. Dwelling unit means a single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation, and shall otherwise be defined as provided in the Zoning Ordinance. General permit means the VSMP general permit for discharges of stormwater from construction activities found at 4 VAC 50-60-1170 authorizing a category of discharges under the CWA and the act within a geographical area of the Commonwealth of Virginia. Impervious surface area means a surface composed of material that significantly impedes or prevents natural infiltration of water into soil. Land disturbance or land-disturbing activity means a manmade change to the land surface that potentially changes its runoff characteristics including any clearing, grading, or excavation except that the term shall not include those exemptions specified in section 62-76(b) of this chapter. Layout means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval. Linear development project means a land-disturbing activity that is linear in nature such as, but not limited to, (i) the construction of electric and telephone utility lines, and natural gas pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; (iii) highway construction projects; (iv) construction of stormwater channels and stream restoration activities; and (v) water and sewer lines. Private subdivision roads or streets shall not be considered linear development projects. Locality means the Town of Bluefield, Virginia. Minor modification means an amendment to an existing permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor permit modification or amendment does not substantially alter permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. Operator means the owner or operator of any facility or activity subject to regulation under this article. Permit or VSMP authority permit means an approval to conduct a land-disturbing activity issued by the administrator for the initiation of a land-disturbing activity, in accordance with this chapter, and which may only be issued after evidence of general permit coverage has been provided by the department, where applicable. Permittee means the person to whom the permit is issued. Person means any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity. Regulations means the Virginia Stormwater Management Program (VSMP) Permit Regulations, 4 VAC 50-60-10 et seq., as amended. Site means the land or water area where any facility or land-disturbing activity is physically located or conducted including adjacent land used or preserved in connection with the facility or land-disturbing activity. State means the Commonwealth of Virginia. State board means the Virginia Soil and Water Conservation Board. State permit means an approval to conduct a land-disturbing activity issued by the state board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the state board for stormwater discharges from an MS4. Under these state permits, the commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the regulations. State Water Control Law means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia. State waters means all water, on the surface and under the ground, wholly or partially within or bordering the commonwealth or within its jurisdiction, including wetlands. Stormwater means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. Stormwater management plan means a document(s) containing material for describing methods for complying with the requirements of section 62-79 of this chapter. Stormwater pollution prevention plan or SWPPP means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this chapter. Subdivision means the same as defined in Town Code of Ordinances section 70-2, definitions. Total maximum daily load or TMDL means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs. Virginia Stormwater Management Act or act means Article 1.1 (§ 10.1-603.1 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia. Virginia Stormwater BMP Clearinghouse website means a website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations. Virginia Stormwater Management Program or VSMP means a program approved by the VSWCB after September 13, 2011, that has been established by a locality to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this article, and evaluation consistent with the requirements of this article and associated regulations. Virginia Stormwater Management Program authority or VSMP authority means an authority approved by the board after September 13, 2011, to operate a Virginia Stormwater Management Program or, until such approval is given, the department. An authority may include a locality; state entity, including the department; federal entity; or, for linear projects subject to annual standards and specifications in accordance with Virginia Code, § 10.1-603.5(B), electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to Virginia Code, § 15.2-5102. Watershed means a defined land area drained by a river or stream or system of connecting rivers or streams such that all surface water within the area flows through a single outlet. (Ord. of 2-14-2012)Sec. 62-74.?Administration of article in conjunction with subdivision, zoning, and erosion and sediment control.This article shall be administered, where applicable, in conjunction with the town's subdivision, zoning, and erosion and sediment control ordinances, regulations and/or guidelines where such apply to land and/or development within the town. (Ord. of 2-14-2012)Sec. 62-75.?General responsibilities of the program administrator.The program administrator shall be responsible for the use, management, operation, maintenance, and monitoring of the stormwater management system to the extent set forth in the stormwater management program adopted by the Town of Bluefield. Subject to the approval of the town manager, he shall have the authority to establish procedures and to enforce regulations relating to the stormwater management system. (Ord. of 2-14-2012)Sec. 62-76.?Stormwater permit requirement; exemptions.(a)Except as provided herein, no person may engage in any land-disturbing activity until a permit has been issued by the administrator in accordance with the provisions of this chapter. (b)Notwithstanding any other provisions of this chapter, the following activities are exempt, unless otherwise required by federal law: (1)Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Code of Virginia, Title 45.1; (2)Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the VSWCB in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (Code of Virginia, § 10.1-1100 et seq.) or is converted to bona fide agricultural or improved pasture use as described in Code of Virginia, § 10.1-1163(B); (3)Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family residential structures; (4)Land-disturbing activities that disturb less than one acre of land area that are not a part of a larger common plan of development or sale that is one acre or greater of disturbance. (5)Discharges to a sanitary sewer or a combined sewer system; (6)Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use; (7)Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and (8)Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the administrator shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of subsection (a) is required within 30 days of commencing the land-disturbing activity. (Ord. of 2-14-2012)Sec. 62-77.?Stormwater management program established; submission and approval of plans; prohibitions.(a)Pursuant to Code of Virginia, § 10.1-603.3, the Town of Bluefield, Virginia hereby establishes a stormwater program for land-disturbing activities and adopts the applicable regulations, standards and specifications promulgated by the VSWCB to protect property, state waters, stream channels, and other natural resources from the potential harm of unmanaged stormwater, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced, including, but not limited to, the regulations, the Virginia Stormwater Management Handbook, and the Virginia Stormwater BMP Clearinghouse website. The Town of Bluefield, Virginia's Town Council hereby designates the zoning administrator as the administrator of the stormwater program. (b)No VSMP authority permit shall be issued by the administrator, until the following items have been submitted to and approved by the administrator as prescribed herein: (1)A permit application that includes a general permit registration statement, if such statement is required; (2)An erosion and sediment control plan approved, in accordance with the Town of Bluefield, Virginia Erosion and Sediment Control Ordinance Chapter 62 of the Town Code of Ordinances; (3)A stormwater management plan meets the requirements of section 62-79 of this chapter. (c)No VSMP authority permit shall be issued until the fees required to be paid pursuant to section 62-88 are received. (d)No VSMP authority permit shall be issued unless and until the permit application and attendant materials demonstrate that all land clearing, construction, disturbance, land development and drainage will be done according to the approved permit. (e)No grading, building or other permit shall be issued for a property unless a VSMP authority permit has been issued by the administrator. (Ord. of 2-14-2012)Sec. 62-78.?Stormwater pollution prevention plan; contents of plans.(a)The stormwater pollution prevention plan (SWPPP) required by the general permit, must comply with the requirements set forth in 4VAC50-60-54, 4VAC 50-60-1170, Section II and the terms of the general permit. (b)The SWPPP shall be amended whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to state waters which is not addressed by the existing SWPPP. (c)The SWPPP must be maintained at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Section II of the general permit, either electronically or in hard copy. (Ord. of 2-14-2012)Sec. 62-79.?Stormwater management plan; contents of plan.(a)The stormwater management plan, required in section 62-77 of this article, must apply the stormwater management technical criteria set forth in section 62-82 of this article to the entire land-disturbing activity, consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to subsurface runoff, and include the following information: (1)Information on the type and location of stormwater discharges; information on the features to which stormwater is being discharged including surface waters or karst features if present, and the pre-development and post-development drainage areas; (2)Contact information including the name, address, and telephone number of the owner and the tax reference number and parcel number of the property or properties affected; (3)A narrative that includes a description of current site conditions and final site conditions; (4)A general description of the proposed stormwater management facilities and the mechanism through which the facilities will be operated and maintained after construction is complete; (5)Information on the proposed stormwater management facilities, including: a.The type of facilities; b.Location, including geographic coordinates; c.Acres treated; and d.The surface waters or karst features into which the facility will discharge. (6)Hydrologic and hydraulic computations, including runoff characteristics; (7)Documentation and calculations verifying compliance with the water quality and quantity requirements of municipal guidance document; (8)A map or maps of the site that depicts the topography of the site and includes: a.All contributing drainage areas; b.Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains; c.Soil types, geologic formations if karst features are present in the area, forest cover, and other vegetative areas; d.Current land use including existing structures, roads, and locations of known utilities and easements; e.Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels; f.The limits of clearing and grading, and the proposed drainage patterns on the site; g.Proposed buildings, roads, parking areas, utilities, and stormwater management facilities; and h.Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including, but not limited to, planned locations of utilities, roads, and easements. (b)An operator proposing a new stormwater discharge associated with the construction of a single-family residence built separately, within or outside a common plan of development or sale, is authorized to discharge under the general permit and is not required to submit a registration statement or payment of the department's portion of the statewide permit fee. The operator must comply with all conditions of the general permit, including the development of a stormwater pollution prevention plan, required by 9VAC25-870-56 and outlined in section 62-80 of this article. (c)An operator proposing a new stormwater discharge associated with the construction of a single-family residence built separately may obtain an agreement in lieu of a stormwater management plan prior to beginning land-disturbing activities. (d)Stormwater management plans for a residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners. (e)If an operator intends to meet the water quality and/or quantity requirements set forth in the Municipal Guidance Document or 4 VAC 50-60-63 or 4 VAC 50-60-66 through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity except as otherwise allowed by Code of Virginia, § 10.1-603.8:1. (f)Elements of the stormwater management plans that include activities regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia. (g)A construction record drawing for permanent stormwater management facilities shall be submitted to the administrator. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. (Ord. of 2-14-2012)Sec. 62-80.?Pollution prevention plan; contents of plans.(a)A pollution prevention plan, required by 4VAC50-60-56, must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and updated as necessary and maintained to: (1)Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; (2)Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater; and (3)Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures. (b)The pollution prevention plan shall include effective best management practices to prohibit the following discharges: (1)Wastewater from washout of concrete, unless managed by an appropriate control; (2)Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials; (3)Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and (4)Soaps or solvents used in vehicle and equipment washing. (c)Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls. (Ord. of 2-14-2012)Sec. 62-81.?Review of stormwater management plans.(a)The administrator shall review stormwater management plans and shall approve or disapprove a stormwater management plan according to the following: (1)The administrator shall determine the completeness to review a plan in accordance with section 62-79 of this article, and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete. (2)The administrator shall have an additional 60 calendar days from the date of the communication of completeness to review the plan, except that if a determination of completeness is not made within the time prescribed in subsection (a), then plan shall be deemed complete and the administrator shall have 60 calendar days from the date of submission to review the plan. (3)The administrator shall review, any plan that has been previously disapproved, within 45 calendar days of the date of resubmission. (4)During the review period, the plan shall be approved or disapproved and the decision communicated in writing to the person responsible for the land-disturbing activity or his designated agent. If the plan is not approved, the reasons for not approving the plan shall be provided in writing. Approval or denial shall be based on the plan's compliance with the requirements of this chapter. (5)If a plan meeting all requirements of this chapter is submitted and no action is taken within the time provided above in subsection (b) for review, the plan shall be deemed approved. (b)Approved stormwater plans may be modified as follows: (1)Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the administrator. The administrator shall have 60 calendar days to respond in writing either approving or disapproving such request. (2)The administrator may require that an approved stormwater management plan be amended, within a time prescribed by the administrator, to address any deficiencies noted during inspection. (c)The administrator shall require the submission of a construction record drawing for permanent stormwater management facilities. The administrator may elect not to require maintenance agreements are not required pursuant to section 62-83(b). (Ord. of 2-14-2012)Sec. 62-82.?Technical criteria for regulated land-disturbing activities.All land-disturbing activities shall comply with the technical criteria outlined in the Town of Bluefield Municipal and Development Guidance Manual, latest edition. (Ord. of 2-14-2012)Sec. 62-83.?Long-term maintenance of permanent stormwater facilities.(a)The administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to permit termination or earlier as required by the stormwater program administrative authority and shall at a minimum: (1)Be submitted to the zoning administrator for review and approval prior to the approval of the stormwater management plan; (2)Be stated to run with the land; (3)Provide for all necessary access to the property for purposes of maintenance and regulatory inspections; (4)Provide for inspections and maintenance and the submission of inspection and maintenance reports to the zoning administrator; and (5)Be enforceable by all appropriate governmental parties. (b)At the discretion of the zoning administrator, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the zoning administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the zoning administrator. (c)If a recorded instrument is not required pursuant to section 62-83(b), the zoning administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the zoning administrator. (Ord. of 2-14-2012)Sec. 62-84.?Monitoring and inspections.(a)The zoning administrator shall periodically inspect the land-disturbing activity during construction for: (1)Compliance with the approved erosion and sediment control plan; (2)Compliance with the approved stormwater management plan; (3)Development, updating, and implementation of a pollution prevention plan; and (4)Development and implementation of any additional control measures necessary to address a TMDL. (b)The zoning administrator may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this chapter. (c)In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement, a VSMP authority may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified. (d)Pursuant to Code of Virginia, § 10.1-603.12:2, the administrator may require every permit applicant or permittee, or person subject to VSMP to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter. (e)Post-construction inspections of stormwater maintenance facilities shall be conducted pursuant the Town of Bluefield adopted inspection program, and shall occur, at minimum, at least once every five years. (Ord. of 2-14-2012)Sec. 62-85.?Hearings.(a)Any permit applicant or permittee aggrieved by any action of the Town of Bluefield taken without a formal hearing, or by inaction of the Town of Bluefield, may demand in writing a formal hearing by the Town of Bluefield causing such grievance, provided a petition requesting such hearing is filed within 30 days after notice of such action is given by the zoning administrator. (b)The hearings held under this section shall be conducted by the Town of Bluefield at a regular or special meeting of the planning commission and town council or by at least one member of the Town of Bluefield Town Council designated by the mayor or town manager to conduct such hearings on behalf of the Town of Bluefield at any other time and place authorized by the Town of Bluefield. (c)A verbatim record of the proceedings of such hearings shall be taken and filed with the town council. Depositions may be taken and read as in actions at law. (d)The Town of Bluefield or its designated member, as the case may be, shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the local governing body, or its designated member, which action may include the procurement of an order of enforcement from the circuit court. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions. (Ord. of 2-14-2012)Sec. 62-86.?Appeals.Appeals shall be conducted in accordance with local appeal procedures as set out in Town Code section 22-54. (Ord. of 2-14-2012)Sec. 62-87.?Enforcement.(a)If the zoning administrator determines that there is a failure to comply with the permit conditions, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by registered or certified mail, to the address specified in the permit application, or by an inspection report or verbal warning delivered at the site of the development activities to the agent or employee supervising such activities. (1)The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (b) or the permit may be revoked by the administrator. The administrator may pursue enforcement in accordance with section 62-87. (2)If a permittee fails to comply with a notice issued in accordance with this section within the time specified, the administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required permit to cease all land-disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed. Such orders shall be issued in accordance with Municipal Guidance Document. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the administrator. However, if the administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with section 62-87(c). (b)In addition to any other remedy provided by this chapter, if the administrator or his or her designee determines that there is a failure to comply with the provisions of this chapter, they may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with the municipal guidance document. (c)Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, or any permit condition issued by the administrator or any provisions of this chapter may be compelled in a proceeding instituted in any appropriate court by the Town of Bluefield to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. (d)Any person who violates any provision of this chapter or who fails, neglects or refuses to comply with any order of the Town of Bluefield; the department, VSCWB, or court, shall be subject to a civil penalty not to exceed $32,500.00 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. (1)Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following: a.No state permit registration; b.No SWPPP; c.Incomplete SWPPP; d.SWPPP not available for review; e.No approved erosion and sediment control plan; f.Failure to install stormwater BMPs or erosion and sediment controls; g.Stormwater BMPs or erosion and sediment controls improperly installed or maintained; h.Operational deficiencies; i.Failure to conduct required inspections; j.Incomplete, improper, or missed inspections; and k.Discharges not in compliance with the requirements of section 4VAC 50-60-1170 of the general permit. (2)The administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court. (3)In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance. (4)Any civil penalties assessed by a court as a result of a summons issued by the locality shall be paid into the treasury of the Town of Bluefield to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein in such manner as the court may, by order, direct. (e)Notwithstanding any other civil or equitable remedy provided by this section or by law, any person who willfully or negligently violates any provision of this article, any order of the administrator, any condition of a permit, or any order of a court shall, be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not more than $2,500.00. (Ord. of 2-14-2012)Sec. 62-88.?Fees.(a)Fees for coverage under the general permit shall be imposed in accordance with the current, vision, site development/subdivision fee schedule, which can be obtained from the zoning administrator's office. (b)Plans that are reviewed by Town of Bluefield Staff will be charged the full fee amount. Plans reviewed by a third party engineer will be charged the full amount with 50 percent of the Town of Bluefield permit fee being credited to the cost of the third party review. The applicant will be responsible for the total amount over 50 percent of the third party review cost, which must be paid before any permit is issued. (c)The fees shall apply to: (1)All persons seeking coverage under the general permit. (2)All permittees who request modifications to or transfers of their existing registration statement for coverage under a general permit. (3)Persons whose coverage under the general permit has been revoked shall apply to the department for an individual permit for discharges of stormwater from construction activities. (4)Permit and permit coverage maintenance fees outlined under section 62-88 may apply to each general permit holder. (d)No permit application fees will be assessed to: (1)Permittees who request minor modifications to permits as defined in section 62-73 of this chapter. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that require additional review by the administrator shall not be exempt pursuant to this section. (2)Permittees whose permits are modified or amended at the initiative of the department, excluding errors in the registration statement identified by the administrator or errors related to the acreage of the site. (e)All incomplete payments will be deemed as nonpayments, and the applicant will be notified of any incomplete payments. Interest may be charged for late payments at the underpayment rate set forth in Code of Virginia, § 58.1-15 and is calculated on a monthly basis at the applicable periodic rate. A ten percent late payment fee shall be charged to any delinquent (over 90 days past due) account. The Town of Bluefield shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount. (Ord. of 2-14-2012)Sec. 62-89.?Performance bond.Prior to issuance of any permit, the applicant shall be required to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the town attorney, to ensure that measures could be taken by the Town of Bluefield at the applicant's expense should he fail, after proper notice, within the time specified to initiate or maintain appropriate actions which may be required of him by the permit conditions as a result of his land-disturbing activity. If the Town of Bluefield takes such action upon such failure by the applicant, the Town of Bluefield may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. Within 60 days of the completion and submission of as built drawing as required by Town Code of Ordinance Chapter 74 of the requirements of the permit conditions, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated. (Ord. of 2-14-2012)Chapter 66?PLANNINGARTICLE I.?IN GENERALSecs. 66-1—66-30.?Reserved.ARTICLE II.?PLANNING COMMISSIONSec. 66-31.?Creation of the Planning Commission of the Town of Bluefield, Virginia.A planning commission is hereby created pursuant to the provisions of Code of Virginia, § 15.2-2210 et seq., as amended. This article and the sections therein are adopted pursuant to such legal authority. The planning commission shall have all the rights, powers, and privileges permitted under the Code of Virginia as amended and other applicable law. The planning commission shall be referred to as the "Planning Commission of the Town of Bluefield, Virginia" in its resolutions, recommendations, approvals, contracts, and other official records. (Ord. of 2-12-2019(2))Sec. 66-32.?Composition of the Planning Commission of the Town of Bluefield, Virginia.The planning commission shall be composed of seven members. Six voting members shall be appointed by the town council, and those members shall serve terms of one year, two years, three years, and four years, divided equally or as nearly equal as possible between the membership. Subsequent appointments by the town council shall be for terms of four years each. One member shall be a member of the town council and appointed by the town council. The town council member shall be a nonvoting member whose term shall be coextensive with the term of his/her office to which he/she was elected or appointed. All members of the planning commission shall reside within the corporate limits of the town, and shall be knowledgeable and experienced in making decisions on questions of community growth and development. At least one-half of the members of the planning commission shall be owners of real property. All members of the planning commission shall serve at the pleasure of the town council. Any member may be removed by the town council for malfeasance in office, absence from three consecutive meetings of the planning commission, or absence from any four meetings of the planning commission within a 12-month period. A vacancy in the planning commission shall be filled by the town council for the unexpired term of the vacant office. (Ord. of 2-12-2019(2))Sec. 66-33.?Compensation of the Planning Commission of the Town of Bluefield, Virginia.The members of the planning commission shall receive no salary, but may be compensated in an amount approved by the town council for each meeting. The members of the planning commission shall be reimbursed for any necessary expenses incurred during the performance of their duties. (Ord. of 2-12-2019(2))Sec. 66-34.?Officers of the Planning Commission of the Town of Bluefield, Virginia.The planning commission shall elect from its membership, by majority vote, a chairman, vice-chairman, and secretary whose terms shall be for a period of one year. Nominations and elections for such offices shall be held at the first regular meeting of the planning commission in January of each calendar year. Officers shall hold their office until their successors have been nominated, elected, and assumed office. Vacancies in any such offices shall be filled immediately, and shall be for the remainder of the unexpired term of the elected office. The chairman of the planning commission shall: (1)Preside over all planning commission meetings; (2)Establish an order of business or agenda for planning commission meetings; (3)Rule on issues of procedure during planning commission meetings; (4)Maintain and ensure order of planning commission meetings; and (5)Execute, on behalf of the planning commission, all resolutions, recommendations, approvals, minutes, contracts, payments, and other records. The vice-chairman of the planning commission shall act as the chairman of the planning commission in the absence or inability of the chairman of the planning commission. The secretary of the planning commission shall: (1)Notify all members of all planning commission meetings; (2)Keep a written record of minutes of all planning commission meetings; (3)Keep a written record of all official reports, documents, maps, surveys, plans, business, and correspondence of the planning commission; (4)Give notice of all planning commission hearings and meetings; (5)Keep a written record of those who speak before the planning commission; (6)Certify all records executed by the chairman of the planning commission; and (7)Prepare advertisements for all planning commission hearings and meetings. (Ord. of 2-12-2019(2))Sec. 66-35.?Quorum of the Planning Commission of the Town of Bluefield, Virginia.A majority of the membership of the planning commission shall constitute a quorum to transact public business. No action of the planning commission shall be deemed valid unless a quorum is present, and such action is passed by a majority vote of those present and voting. (Ord. of 2-12-2019(2))Sec. 66-36.?Meetings of the Planning Commission of the Town of Bluefield, Virginia.The planning commission shall hold its regular meetings at least once monthly in a calendar year. The planning commission shall, by resolution, fix the time and place for holding its regular meetings at its first meeting in January of each calendar year. Special meetings of the planning commission may be called by the chairman of the planning commission or by two members upon written request to the secretary of the planning commission. The secretary of the planning commission shall mail to all members, at least five days in advance of a special meeting, a written notice fixing the time and place of the meeting and the purpose thereof. Written notice of a special meeting shall not be required: (1)If the time and place of the special meeting was fixed at a regular meeting; (2)If all members of the planning commission are present at the special meeting called; or (3)If all members file a written waiver of notice for the special meeting called. (Ord. of 2-12-2019(2))Sec. 66-37.?Duties of the Planning Commission of the Town of Bluefield, Virginia; studies and surveys; expenditures.In order to effectuate this article, the planning commission shall: (1)Utilize Robert's Rules of Order as its general form of parliamentary procedure, but may suspend use of such when the chairman of the planning commission deems such suspension necessary; (2)Supervise and regulate the administration of its affairs; (3)Hold public hearings when a public hearing is required by law or is otherwise needed to serve the public interest; (4)Establish advisory committees as needed; (5)Prescribe rules for its committees, public hearings, and meetings; (6)Keep a complete written record of its proceedings and provide for the preservation of all its studies, reports, papers, maps, and other records; (7)Make recommendations and approvals concerning its operations, the status of planning in its jurisdiction, and as otherwise required by law or the town council; (8)Submit an annual report to the town council updating the town council as to the status of planning in its jurisdiction and its general operations; (9)Prepare and submit an annual budget to the town manager of the town for review and the town council for approval; (10)Prepare, publish, and distribute reports, ordinances, and other materials related to its activities for review and approval by the town council; (11)Fulfill, as required under the Code of Virginia as amended and/or the Bluefield Code, any other of its applicable duties enumerated therein; (12)Contract with consultants for any services needed to fulfill its duties; and (13)Appoint, by majority vote or resolution, the zoning administrator of the town, or his/her designee, to assist in fulfilling its duties. Upon written request of the planning commission, the town council may, from time to time, request the zoning administrator of the town, or his/her designee, to seek special surveys or studies on matters concerning planning within the corporate limits of the town. All expenditures of the planning commission shall be within the amounts appropriated for such by the town council. (Ord. of 2-12-2019(2))Sec. 66-38.?Comprehensive plan.The planning commission shall prepare a comprehensive plan and recommend such to the town council for adoption. The comprehensive plan shall adhere to the requirements described under Code of Virginia, § 15.2-2223 et seq., as amended. The planning commission shall coordinate with all state agencies required by law during such preparation. After adoption by the town council, the planning commission shall review the comprehensive plan at least once every five years to determine whether it is advisable to make an amendment thereto. Any amendment to the comprehensive plan shall adhere to the aforesaid requirements under the Code of Virginia as amended. (Ord. of 2-12-2019(2))Sec. 66-39.?Severability.If any section, provision, or portion of this article is held to be invalid by a court of competent jurisdiction, then that decision shall in no way affect the remaining sections, provisions, or portions of this article. The invalid section, provision, or portion thereof shall be severable. (Ord. of 2-12-2019(2))Secs. 66-40—66-100.?Reserved.Chapter 70?SUBDIVISION OF LANDARTICLE I.?IN GENERALSec. 70-1.?Purpose.(a)The purpose of this chapter is to establish certain subdivision standards and procedures for the town and such of its environs as come under the jurisdiction of the town council as provided for by the Code of Virginia, § 15.2-2240 et seq. These are part of a long-range plan to guide and facilitate the orderly beneficial growth of the community and to promote the public health, safety, convenience, comfort, prosperity and general welfare. (b)More specifically, the purpose of these standards and procedures is to provide a guide for the change that occurs when lands and acreage become urban in character as a result of development for residential, business or industrial purposes; to provide assurance that the purchasers of lots are buying a commodity that is suitable for development; and to make possible the provision of public services in a safe, adequate and efficient manner. Subdivided land sooner or later becomes a public responsibility in that roads and streets must be maintained and numerous public services customary to urban areas must be provided. This chapter assists the community in meeting these responsibilities. (c)For the purpose of this chapter, a subdivision shall be the division of any tract, parcel or lot of land into two or more parts. (Ord. of 6-12-2000, § 15-1)Sec. 70-2.?Definitions.(a)For the purpose of this chapter, certain words, terms and phrases used herein shall be interpreted or defined as follows: Words used in the present tense include the future, words in singular number include the plural, and the plural the singular, unless the natural construction of the word indicates otherwise; the word "lot" includes the word "parcel"; the word "shall" is mandatory and not directory; the word "approve" shall be considered to be followed by the words "or disapprove"; any reference to this chapter includes all ordinances amending or supplementing this chapter; all distances and areas refer to measurement in a horizontal plane. (b)For the purposes of this chapter, the following words, terms and phrases shall have the meanings respectively ascribed to them by this section: Agent means the representative of the town council who has been appointed to serve as the agent of the town council in approving the subdivision plats. Alley means any public way or thoroughfare more than ten feet, but less than 20 feet, in width which has been dedicated to the public for public use. Building line means the distance which a building is from the front lot line or front boundary line. The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure. Cleanout means a vertical section of pipe with a removable cap at ground surface level used for cleaning clogged sewer lines. Commission means the planning commission of the town. Cul-de-sac means a street with only one outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement. Developer means an owner of property being subdivided, whether or not represented by an agent. Development means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. The term "development" shall not be construed to include any property which will be principally devoted to agricultural production. Easement means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner of the property. The easement shall be permitted to be for use under, on, or above such lot or lots. Engineer means an engineer licensed by the state. Health official means the health director or sanitarian of the county. Health department, department of health and state health department mean the state department of health. Highway engineer means the resident engineer employed by the state department of transportation. Jurisdiction means the area or territory subject to the legislative control of the town council. Lot means a single parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter, and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds. Lot, corner, means a lot abutting on two intersecting or intercepting streets. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets. Lot depth means the average horizontal distance between the front and rear lot lines. Lot, double frontage, means an interior lot having frontage on two streets. Lot, interior, means a lot other than a corner lot. Lot of record means a lot which has been recorded in the office of the clerk of the circuit court. Lot width means the average horizontal distance between the side lot lines. Plat means a map, plan, plot, replat or replot; a map or plan of a tract or parcel of land which is to be or which has been subdivided. When used as a verb, the term "plat" is synonymous with the term "subdivide." Property means any tract, lot, parcel or several of such tracts, lots, etc., collected together for the purpose of subdividing. Site plan means the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by this chapter to which the proposed development or subdivision is subject. Street means the principal means of access to abutting properties. The term "street" includes a highway, street, avenue, boulevard, road, lane, alley, or any public way. Street or alley, public use of, means the unrestricted use of a specified area or right-of-way for ingress and egress to two or more abutting properties. Street, major, means a heavily traveled thoroughfare or highway that carries a large volume of through traffic, or anticipated traffic exceeding 500 vehicles per day. Street, other, means a street that is used primarily as a means of public access to the abutting properties with anticipated traffic of less than 500 vehicles per day. Street, service, means a public right-of-way generally parallel and contiguous to a major highway, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way by providing safe and orderly points of access to the highway. Street width means the total width of the strip of land dedicated or reserved for public travel, including roadways, curbs, gutters, sidewalks and planting strips. Subdivide means to divide any tract, parcel or lot of land into two or more parts. Subdivider means an individual, corporation or registered partnership owning any tract, lot or parcel of land to be subdivided, or a group of two or more persons owning any tract, lot or parcel of land to be subdivided, who have given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, in representing, or executing the legal requirements of the subdivision. Town standards means those standards used by the town and other agents in the construction of all improvements in the town. These standards include references to the state department of transportation and other construction industry standards. (Ord. of 6-12-2000, § 15-3)Cross reference(s)—Definitions generally, § 1-2. Sec. 70-3.?Validity of chapter.Should any article, section, subsection or provision of this chapter be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of this chapter as a whole or any part thereof other than the part so declared to be invalid or unconstitutional. (Ord. of 6-12-2000, § 15-5)Sec. 70-4.?Repeal.All ordinances or portions of ordinances in conflict with the this chapter are hereby repealed to the extent of their conflict. (Ord. of 6-12-2000, § 15-7)Sec. 70-5.?Administration of chapter.(a)Generally. The agent appointed by the town council is hereby delegated to administer this chapter. In so doing, the agent shall be considered the agent of the town council; and approval or disapproval by the agent shall constitute approval or disapproval as though it were given by the town council. The agent shall also consult with the planning commission on matters contained in this chapter. (b)Duties of agent. The agent shall perform his duties as regards to subdivisions and subdividing in accordance with this chapter and the Code of Virginia, § 15.2-2240 et seq. (c)Consultation. In the performance of his duties, the agent may call for opinions or decisions, either verbal or written, from other departments in considering details of any submitted plat. This authority by the agent shall have particular reference to the town manager, town engineer, the state department of transportation resident engineer and the health officer. (d)Additional authority. In addition to the regulations contained in this chapter for the platting of the subdivisions, the agent may, from time to time, establish any reasonable additional administrative procedures deemed necessary for the proper administration of this chapter. (Ord. of 6-12-2000, § 15-9)Sec. 70-6.?Compliance with chapter required.No person shall subdivide any tract, lot or plat of land that is located within the town except in conformity with the provisions of this chapter. The agent may seek advice from the planning commission, local, state or federal agencies that it deems necessary to ensure the adequacy of any submitted plan. (Ord. of 6-12-2000, § 15-11)Sec. 70-7.?Platting required.Any owner or developer of any tract of land situated within the town who subdivides such land shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the clerk of the circuit court. The following provisions shall be effective in the territory to which this chapter applies: (1)No person shall subdivide land without making and recording a plat of the subdivision and without fully complying with the provisions of this chapter. (2)No plat of any subdivision shall be recorded unless and until it has been submitted to and approved by the planning commission, town council, or its duly authorized agent. (3)No person shall sell or transfer any land of a subdivision, before a plat has been duly approved and recorded as provided in this chapter, unless the subdivision was lawfully created prior to the adoption of the ordinance from which this chapter is derived applicable thereto. However, nothing contained in this chapter shall be construed as preventing the recordation of the instrument by which such land is transferred or the passage of titles as between the parties of the instrument. (4)Any person violating the provisions of subsections (1) through (3) of this section shall be subject to a fine of not more than $500.00 for each lot or parcel of land so subdivided, transferred or sold. The description of the lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties or remedies provided in this chapter. (5)No clerk of any court shall file or record a plat of a subdivision required by this chapter to be recorded until the plat has been approved as required in this chapter. (Ord. of 6-12-2000, § 15-13)Sec. 70-8.?Exceptions and variances.(a)Simple subdivision. The zoning administrator, subject only to final approval by town council, may permit the separation of four or less parcels from a tract or tracts of land without complying with all the requirements of this chapter if it is: (1)A subdivision that requires no street or road improvements; (2)A subdivision that requires no extension of water or sewer lines; (3)A subdivision involving less than five lots; and (4)The subdivision will not create nonconforming lots or uses. For a subdivision to qualify for an exception, it shall meet all of the conditions in this subsection. Such subdivisions shall be reviewed by the town manager and town engineer prior to being presented to town council for final approval. (b)Unnecessary hardship. Where the subdivider can show that a provision of this chapter would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the town council, a departure may be made without destroying the intent of such provisions, the town council may authorize an exception. Requests for any exception must be considered by the planning commission with a report made to the town council. Any exception authorized is to be stated in writing in the report of the agent to the town council with the reasoning on which the departure was justified set forth. No such variance may be granted by this chapter which is opposed in writing by the agent or health official. (c)Shopping center, district SC-1, and shopping center out parcel, district SC-OP. Due to the unique nature of development and multiple uses that can occur within the SC-1 and SC-OP districts, a departure from the provisions of this chapter may be made without destroying the intent of such provisions. The agent may authorize exceptions to the requirements of this chapter. Requests for any exception must be considered by the planning commission with a report made to town council. Any exception thus authorized is to be stated in writing in the report of the agent to the town council with the reasoning on which the departure was justified set forth. (Ord. of 6-12-2000, § 15-15; Ord. of 9-10-2001, § 15-15)Sec. 70-9.?Connection with town street.Subdivision streets shall be directly connected with a paved and dedicated street of the town, such that there shall be a paved and dedicated access to such subdivision which meets the requirements of this chapter for subdivision streets. (Ord. of 6-12-2000, § 15-17)Sec. 70-10.?Penalties.See subsection 70-7(4) for penalty provisions. (Ord. of 6-12-2000, § 15-19)Sec. 70-11.?Relation of chapter to private easement, covenant, agreement or restriction.The creation within an approved subdivision of any easement for purposes of providing a right-of-way or access to any subdivision lot or any other property shall be approved in accordance with this chapter in the same manner as a subdivision is approved. (Ord. of 6-12-2000, § 15-21)Sec. 70-12.?Amendments to chapter.(a)The planning commission on its own initiative may or, at the request of the town council, shall prepare and recommend amendments to this chapter. The procedure for amendments to this chapter shall be the same as for the preparation and recommendation and approval and adoption of the original ordinance from which this chapter is derived; provided that no amendment shall be adopted by the town council without a reference of the proposed amendment to the planning commission for recommendation, nor until 60 days after such reference, if no recommendation is made by the planning commission. (b)The regulations, restrictions and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed by a favorable majority of votes of the town council only after notice has been published, and a public hearing held, in accordance with Code of Virginia, § 15.2-2204. (Ord. of 6-12-2000, § 15-23)Secs. 70-13—70-30.?Reserved.ARTICLE II.?DESIGN STANDARDSDIVISION 1.?GENERALLYSec. 70-31.?Responsibility.It shall be the sole responsibility of the subdivider to divide the land so as to improve the general use pattern of the land being subdivided. (Ord. of 6-12-2000, § 15-100)Sec. 70-32.?Suitability of land.The agent shall not approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public the site is not suitable for platting and development purposes of the kind proposed. (Ord. of 6-12-2000, § 15-102)Sec. 70-33.?Plans and specifications.Two blue or black prints of the plans and specifications for all required physical improvements to be installed shall be prepared by an engineer and shall be submitted to the agent for approval or disapproval within 60 days. If approved, one copy bearing certification of such approval shall be returned to the subdivider. If disapproved, one copy and related papers shall be returned to the subdivider with the reason for disapproval in writing. In the event no action is taken within 60 days, such physical improvements to be installed shall be deemed disapproved. (Ord. of 6-12-2000, § 15-104)Sec. 70-34.?Improvements.(a)All required improvements shall be installed by the subdivider at his cost. In cases where specifications have been established either by the state department of transportation and the town for streets, curbs, etc., or by local ordinances and this Code, such specifications shall be followed. All improvements shall be constructed under the inspection of the town. The developer shall notify the town prior to the start of any construction so that inspection of the work may be continuous during the performance of the work. However, nothing in this section shall be construed to obligate the town to inspect any or all portions of the work. Work which does not conform to town standards will be rejected and shall be replaced before final approval of the work by the town. The cost of all testing required for quality control of the work shall be paid for by the developer. (b)The subdivider's bond shall not be released until construction has been inspected and approved by the agent and/or town engineer. All improvements shall be in accordance with the requirements described in this chapter. (Ord. of 6-12-2000, § 15-106)Sec. 70-35.?Responsibility for electric lighting, installation of underground facilities or ornamental lighting.(a)New or expanded developments. Street lighting shall be installed at all new intersections of streets or roads, and along streets or roads at intervals not less than 200 feet, nor more than 700 feet. The town engineer shall approve the lighting plan prior to the installation of any fixtures. The lighting shall be installed within the right-of-way on treated wood or metal poles complying with American Electric Power Standards. The luminaries shall be high-pressure sodium with a minimum output of 9,500 lumens. The cost of street lighting shall be the responsibility of the developer or subdivider and cost of the operation of these lights shall be the responsibility of the developer or subdivider until the rights-of-way are approved and accepted by the town. (b)Additional streetlights in developed areas. Additional streetlights shall be considered by the town upon a written request of the affected property owners. Town council shall consider and approve such requests that are in compliance with the policies in effect at the time. The distance between the proposed new streetlight and exiting streetlight shall not be less than 200 feet. No new streetlights shall be installed without approval of town council. (c)Ornamental lighting. In the event of the installation of any ornamental lighting, the cost of the ornamental lighting shall be paid for by the owner. (Ord. of 6-12-2000, § 15-108)Secs. 70-36—70-60.?Reserved.DIVISION 2.?DRAINAGE AND FLOOD CONTROL ON BUILDING SITESSec. 70-61.?Land profiles required to ensure suitability of sites.To ensure that residents will have sufficient land upon which to build a house which is flood free, the agent may require the subdivider to provide elevation and flood profiles sufficient to demonstrate the land to be completely free of the danger of floodwaters. (Ord. of 6-12-2000, § 15-200)Sec. 70-62.?Unsuitable land to be reserved for nonresidential uses.Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase danger of health, life or property, or aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce conditions contrary to public welfare. (Ord. of 6-12-2000, § 15-202)Sec. 70-63.?Information required to determine necessary improvements.The subdivider shall provide, in accordance with chapter 62, article II, regarding erosion and sediment control, all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans, stormwater management plans, and flood control devices. The subdivider shall also provide plans for all such improvements, properly sealed by an engineer or surveyor licensed to practice in the commonwealth along with a statement that such improvements, when properly installed, will be adequate for proper development, and will comply with chapter 62, article II, and its references. The agent shall then approve or disapprove the plans. The subdivider shall also provide any other information required by the agent. (Ord. of 6-12-2000, § 15-204)Secs. 70-64—70-80.?Reserved.DIVISION 3.?WATER AND SEWERSSec. 70-81.?Public water and sewer required; installation standards.In any subdivision or part thereof, the subdivider shall provide public water and sewer facilities. In all cases, water and sewer facilities shall be installed according to the town standards and subject to the specifications approved by the town council and subject to inspection and approval of the town manager or his agent, the state department of health, and the state water control board. All water and sewer service, whether public or private, shall be installed subject to the town standards, its agents, and appropriate state regulatory agencies. (Ord. of 6-12-2000, § 15-300)Sec. 70-82.?Laterals.Sewer and water laterals shall be extended from main sewer and water lines to the property lines of each lot. No more than two lots shall be served by any single water lateral or sewer lateral. All laterals shall be appropriately sized according to the town standards, its agents, and state department of health standards; and, if a lateral line serves more than one lot, it shall be appropriately sized according to the town standards, its agents, and state department of health standards. Water laterals shall be terminated in a meter box within the property line of the lot and shall be appropriately capped. Sewer lines shall be terminated at a clean-out located inside the property line. (Ord. of 6-12-2000, § 15-302)Sec. 70-83.?Septic tanks.For lots where the town council deems it appropriate to locate septic tanks, the lot shall conform to those areas required in chapter 74 for the zoning district in which it is located and subject to approval by the department of health. However, the agent shall not approve any subdivision where sanitary sewers are not provided unless the agent shall receive in writing from the health department a statement to the effect that the area contained in the subdivision is generally satisfactory for the installation of septic tanks, and that they will not so far as can be determined create hazards to public health, and that such approval by the agent is only the understanding that where septic tanks are to be installed these must be approved on an individual lot basis by the health department. In obtaining approval for septic tanks, the subdivider shall also obtain a written statement from the Bluefield Sanitary Board or its agent, that sewer service is not readily available and will not be extended to the subdivision. (Ord. of 6-12-2000, § 15-304)Sec. 70-84.?Utility surcharge.(a)Generally. The town council or its agent, in its sole discretion, may cooperate with a subdivider in providing sewerage pump stations and sewerage force mains by imposing a surcharge on each lot sold or conveyed by the subdivider and to be paid to the town or its agent, at the time of sale or conveyance. In any case where a surcharge is imposed, the surcharge shall constitute a lien and made a matter of public record by the subdivider in the clerk's office of the county circuit court in a manner prescribed by the town's attorney. (b)Maximum surcharge. The maximum surcharge shall be established by the town council and may be amended from time to time. The town council may require the subdivider to participate in development costs which are identified and established by the town council at the time of the preliminary approval and subdivision plat. (c)Waiver. The town council, in its sole discretion, may waive any portion of these requirements for providing public water and sewer services in cases where the improvements could not be economically justified. In such cases where the town council does relax the requirement for public water and sewer service, the subdivider shall provide private water and/or sewer service. (Ord. of 6-12-2000, § 15-306)Sec. 70-85.?Fire protection.The installation of adequate fire hydrants conforming to town standards in a subdivision at locations approved by the agent may be required, provided necessary public water is available. The agent shall consult with the proper authority before approving such location. (Ord. of 6-12-2000, § 15-308)Sec. 70-86.?Easements.The agent may require that permanent easements for drainage through adjoining property be provided by the subdivider. Permanent easements not less than ten feet in width shall be provided for water, sewer, power poles, power lines, and other utilities (including by way of illustration and not by way of limitation, electric, telephone, natural gas and television) in the subdivision when required by the agent. Electric service shall be provided either overhead or underground as determined by the agent. In subdivisions where electric service is provided underground, the subdivider shall provide the agent a plan which designs the street lighting for the subdivision as provided for in section 70-35. The subdivider shall provide permanent easements which will accommodate the street lighting plan. (Ord. of 6-12-2000, § 15-310)Secs. 70-87—70-110.?Reserved.DIVISION 4.?LOTSSec. 70-111.?Size.Lot size in any area shall be in accordance with the chapter 74; except that where public water and/or public sewer systems are not available, such minimum lot sizes may be increased by the agent in accordance with the recommendations of the health officer, which shall be submitted to the agent in writing, either by notations on the plat or by letter. (Ord. of 6-12-2000, § 15-400)Sec. 70-112.?Shape.The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to topography, and conform to requirements of this chapter. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage of area which would be unusable for normal purposes or for purposes of providing access to or connecting the property to a public road. (Ord. of 6-12-2000, § 15-402; Ord. of 1-12-2009)Sec. 70-113.?Location.Each lot shall abut on a street dedicated by the subdivision plat, or on an existing publicly dedicated street, or on a street which has become public by right of use. If the existing streets are not 50 feet in width, the subdivider shall make provisions in the deeds to the lots for all buildings to be so constructed as to permit the widening by dedication of such roads or streets to a width of 50 feet. (Ord. of 6-12-2000, § 15-404)Sec. 70-114.?Corner lots.Corner lots shall have extra width sufficient for maintenance of any required building lines on both streets as determined by the agent. (Ord. of 6-12-2000, § 15-406)Sec. 70-115.?Side lines.Side lines of lots shall be approximately at right angles, or radial to the street line. (Ord. of 6-12-2000, § 15-408)Sec. 70-116.?Remnants.All remnants of lots below minimum size left over after subdividing a tract must be added to adjacent lots, or otherwise disposed of rather than allowed to remain as unusable parcels. (Ord. of 6-12-2000, § 15-410)Sec. 70-117.?Separate ownership.Where the land covered by a subdivision includes two or more parcels in separate ownership, and lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to single ownership, simultaneously with the recording of the final plat. Such deed is to be deposited with the clerk of the circuit court and held with the final plat until the subdivider is ready to record the deed, and they both shall then be recorded together. (Ord. of 6-12-2000, § 15-412)Sec. 70-118.?Business or industrial lots.Lots intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities. (Ord. of 6-12-2000, § 15-414)Sec. 70-119.?Right-of-way access from town to county.No easement or right-of-way shall be allowed across any residential lot or parcel within the town for purpose of ingress and egress to any other lot or parcel outside the town, whether such easement or right-of-way is sought for the benefit of a lot or parcel inside the town or outside the town of for the purpose of providing utility services to any other lot or parcel, either inside or outside the town without prior approval by the town council, upon recommendation of the planning commission. (Ord. of 10-25-2010)Secs. 70-120—70-140.?Reserved.DIVISION 5.?BLOCKSSec. 70-141.?Length.Generally, the maximum length of blocks shall be 1,200 feet, and the minimum length of blocks upon which lots have frontage shall be 500 feet. (Ord. of 6-12-2000, § 15-500)Sec. 70-142.?Width.Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where fronting on major streets, unless prevented by topographical conditions or size of property, in which case the agent may approve a single tier of lots of minimum depth. (Ord. of 6-12-2000, § 15-502)Sec. 70-143.?Orientation.Where a proposed subdivision will adjoin a major road, the agent may require that the greater dimension of the block shall front or back upon such major thoroughfare to avoid unnecessary ingress or egress. (Ord. of 6-12-2000, § 15-504)Sec. 70-144.?Length, width, and orientation.The design of the length, width, and orientation of blocks must comply with the Virginia Department of Transportation design guidelines and be approved by the town engineer. (Ord. of 9-26-2005)Secs. 70-145—70-160.?Reserved.DIVISION 6.?STREETSSec. 70-161.?General; minimum requirements for streets and roads.The construction and design for streets and roads located within town are required to be built and designed to meet the Virginia Department of Transportation current guidelines with the approval of the town engineer or designated official. In all cases where the Virginia Department of Transportation guidelines are less restrictive than the requirements of this chapter, this chapter shall prevail. The town engineer or designated official can also require stricter guidelines than presented in this chapter where deemed necessary. The construction and design of streets in town shall require the following in addition to and beyond the current requirements of the Virginia Department of Transportation as listed below: (1)A minimum 50-foot right-of-way for the construction of streets is required. A variance may be requested for a minimum 40-foot right-of-way with exception 70-190. (2)Proposed streets which are obviously in alignment with other already existing and named streets, shall bear the names of the existing streets. In no case shall the names of proposed streets duplicate existing street names irrespective of the use of the suffix "street," "avenue," "boulevard," "drive," "way," "place," "lane," or "court." Street names shall be indicated on the preliminary and final plats and shall be approved by the planning commission and town council. Names of existing streets shall not be changed except by approval of the town council. (3)Street identification signs conforming to town standards shall be installed at all intersections by the developer or subdivider. (4)The subdivider shall provide rights-of-way and/or slope easements necessary to accommodate the installation of curb and gutter at a width prescribed by the agent. For good reason, a greater street width may be required at the discretion of the planning commission and/or town council. (5)All streets shall be constructed with curb and gutter on both sides of the street conforming to town standards of Virginia Department of Transportation standards, whichever is more stringent. Curb and gutter and/or other improvements are required for flood control and drainage under other sections of this chapter, and shall be installed by the developer or subdivider in accordance with town standards, and plans and specifications approved by the agent. Application to eliminate curb and gutter on existing road extensions may be made to the town through an appeal by section 70-190. All applications must be accompanied by stamped engineered plans that set out how the developer will control stormwater runoff. (6)One-way streets and alleys will not be permitted. (7)A minimal street width of 28 feet is required on all town streets. Exceptions to allow street reductions in width may be granted through the process of applications and appeals in section 70-190 of this division. (8)There shall be no private streets platted in any subdivision. Every subdivided property shall be served from a publicly-dedicated street. There shall be no reserve strips controlling access to streets. (9)All driveways that allow access to a town road or street that include two or more dwellings must be constructed to meet or exceed Virginia Department of Transportation current guidelines from the point of intersection to where the driveway abuts a town street. (10)All driveway entrances must be constructed to contain a concrete apron/entrance where curb and gutter is present and approved by the town engineer or designated official. (Ord. of 9-26-2005; Ord. of 10-9-2012)Secs. 70-162—70-189.?Reserved.Sec. 70-190.?Procedure on applications and appeals.Application for variances and special exceptions for street requirements. Applications for special exceptions and variances may be made by and property owner, developer, subdivider, or a designated representative. Applications shall be made to the town engineer or designated official. The application and accompanying maps, plans, or other information shall be transmitted promptly to the town engineer or designated official. The town engineer or designated official shall review the information and submit the application and recommendation to the planning commission, which shall make its recommendation to the town council. All additional costs that occur shall be at the applicant's expense. All exceptions for variances to width and or curb and gutter should follow the current Virginia Department of Transportation Guidelines as established in the Secondary Street Acceptance Requirements and Road Design Manual, Appendix B(1). All approved variances must be accompanied by the following: As built drawings submitted 45 days after completion of all work A bond covering the cost of construction of the road which will be released upon the submission of the as built drawings. A bond issued for a minimum of five years to cover any damages and/or repairs that have to be done on the roadway. A hold harmless agreement between the developer/property owner and the Town of Bluefield. (Ord. of 9-26-2005; Ord. of 10-9-2012)DIVISION 7.?MONUMENTSSec. 70-191.?Visible for inspection.Upon completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by the agent are clearly visible for inspection and use. Such monuments shall be inspected and approved by the agent before any improvements are accepted by the agent and the town council. (Ord. of 6-12-2000, § 15-700)Sec. 70-192.?Location—Concrete.Concrete monuments four inches in diameter or square, three feet long, with a flat top, shall be set at all street corners, at all points where the street line intersects the exterior boundaries of the subdivision, and at right angle points, and points of curve in each street. The top of the monument shall have an appropriate mark to identify properly the location and shall be set flush with the finished grade. (Ord. of 6-12-2000, § 15-702)Sec. 70-193.?Same—Rebar or equivalent.All other lot corners, other than those regulated in section 70-192, shall be marked with rebar or equivalent rod of not less than three-fourths inch in diameter and 24 inches long and driven so as to be flush with the finished grade. When rock is encountered, a hole shall be drilled four inches deep in the rock, into which shall be cemented rebar or equivalent rod of not less than three-fourths inch in diameter, the top of which shall be flush with the finished grade line. (Ord. of 6-12-2000, § 15-704)Secs. 70-194—70-210.?Reserved.DIVISION 8.?RESERVATION OF LAND FOR PUBLIC USESec. 70-211.?Subdivider may be required to reserve land.The agent may require subdividers of residential subdivisions to set aside land for parks, trails, playgrounds, schools, libraries, municipal buildings, and similar public and semipublic uses, subject to the provisions set forth in this division. (Ord. of 6-12-2000, § 15-800)Sec. 70-212.?Limit on area of land to be reserved.Subdividers shall not be required to dedicate land for parks or playgrounds exceeding ten percent of the area of the subdivision, exclusive of street and drainage reservations, without reimbursement by the town council. Where land is required in excess of this amount, the reimbursement by the town council shall be based on a proportionate share of: (1)The cost of raw land. (2)The cost of improvements, including interest on investments. (3)The development of costs. (4)Not more than ten percent profit on the total of such costs. (Ord. of 6-12-2000, § 15-802)Sec. 70-213.?Limit on use of land reserved.Subdividers shall not be required to reserve land for public purposes other than streets, drainage, parks, trails, and playgrounds, except on a reimbursement basis. Subdividers shall be reimbursed by the jurisdiction or agency requiring the land. Subdividers shall not be required to hold the land longer than 18 months following the recording of the plat for such purposes. If the land is not purchased within 18 months, it may be sold as lots for the same purposes for which the subdivision was platted. To facilitate such possible eventual sale of reserved land as separate lots, the subdivider shall show on his final plat, by dotted lines and dotted numbers, the area and dimensions of lots to be created within the boundaries of any such reserved land and may sell such lots, after the expiration date of the reservation, by lot number, without filing an amended plat. (Ord. of 6-12-2000, § 15-804)Sec. 70-214.?Reserved land to be divisible.The planning commission shall make certain that lands so reserved are divisible in the same manner as the remainder of the subdivision so that the subdivider will not be required to reserve an unusable portion of his subdivision. (Ord. of 6-12-2000, § 15-806)Sec. 70-215.?Zoning provisions to be followed.Nothing in this chapter shall be construed to mean that land may be set aside for commercial purposes in a residential district, without the land so required for commercial use being zoned appropriately in accordance with chapter 74. (Ord. of 6-12-2000, § 15-808)Secs. 70-216—70-240.?Reserved.ARTICLE III.?PLATTINGDIVISION 1.?GENERALLYSec. 70-241.?Approval of final plat required before sale.No lot shall be sold until a final plat for the subdivision shall have been approved and recorded in the manner provided in this chapter. (Ord. of 6-12-2000, § 15-1100)Sec. 70-242.?Sketch of entire tract required.Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts in the future, a sketch plan for the entire tract shall be submitted with the preliminary plat. This sketch is merely for informational purposes and is not binding on the subdivider or the town council. (Ord. of 6-12-2000, § 15-1102)Sec. 70-243.?Relation to zoning.When the intended use of all or part of the platted area, as indicated by the preliminary plat and as shown on that plat, would put the land in a more restrictive category than that which now exists, such shall be considered a petition for the rezoning of the platted area to the higher classification. (Ord. of 6-12-2000, § 15-1104)Sec. 70-244.?Amount of fees.There shall be a charge for the examination and approval or disapproval of every plat reviewed by the agent. At the time of filing of each plat, the subdivider shall deposit with the agent the fee which is set forth by the town council from time to time and kept on file in the town clerk's office. (Ord. of 6-12-2000, § 15-1106)Sec. 70-245.?Changes in plat.No change, erasure or revision shall be made on any preliminary or final plat, nor on accompanying data sheets after approval of the agent has been endorsed in writing on the plat or sheets unless authorization for such changes has been granted in writing by the agent. (Ord. of 6-12-2000, § 15-1108)Sec. 70-246.?Appeal to council.In the event a plan for subdivision is disapproved by the agent, the subdivider may appeal to the town council, which may then override the recommendation of the agent and approve such plat. (Ord. of 6-12-2000, § 15-1110)Secs. 70-247—70-270.?Reserved.DIVISION 2.?PRELIMINARY PLATSSec. 70-271.?Approval of preliminary plat required.Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or his agent shall apply in writing to the agent for the approval of the subdivision plat in the following manner: (1)Preliminary sketch. The subdivider may, if he so chooses, submit to the agent a preliminary sketch of the proposed subdivision prior to his preparing engineered preliminary and final plats. The purpose of such preliminary sketch is to permit the agent and planning commission to advise the subdivider whether his plans in general are in accordance with the requirements of this chapter. The planning commission, upon submission of any preliminary sketch, shall study it and advise the subdivider when it appears that changes would be necessary. The agent and planning commission may mark the preliminary sketch, indicating necessary changes and any such marked sketch shall be returned to the agent and planning commission with the preliminary plat. The preliminary sketch shall be as follows: a.It shall be drawn on white paper, or on a print of a topographic map of the property. b.It shall be drawn to a scale of 100 feet to the inch. c.It shall show the name, location and dimensions of all streets entering the property, adjacent to the property, or terminating at the boundary of the property to be subdivided. d.It shall show the location of all proposed streets, lots, parks, playgrounds, trails and other proposed uses of the land to be subdivided and shall include the approximate dimensions. (2)Preliminary plat. The subdivider shall present to the agent and planning commission ten prints of a preliminary plat, and any additional copies as may be requested for review by the town council. The preliminary plat shall include the following information: a.Name of subdivision, owner, subdivider, surveyor or engineer, date of drawing, number of sheets, north point and scale. If true north is used, method of determination must be shown. b.Drawn at a scale of 100 feet to the inch. c.Location of the proposed subdivision by an inset map at a scale of not less than two inches equal one mile. The map shall show adjoining roads and the tying in of the subdivision into the present road system, their names and numbers, towns, subdivisions and other landmarks either by aerial photographs, topographic maps of the U.S. Department of the Interior, or other equivalent available data. d.The boundary survey or existing survey of record provided such survey shows a closure with an accuracy of not less than one in 2,500 (1:2,500); total acreage; acreage of subdivided area; number and approximate area and frontage of all building sites; existing buildings within the boundaries of the tract; and names of owners and their property lines within the boundaries of the tract and adjoining such boundaries. e.All existing, platted and proposed streets, their names, numbers and widths; existing utilities or other easements, public areas and parking spaces; culverts, drains and watercourses, their names and other pertinent data. f.The complete drainage layout, including all pipe sizes, types, drainage easements and means of transporting the drainage to well-defined open stream which is considered natural drainage. g.A cross section showing the proposed street construction, depth and type of base, type of surface, etc. h.A profile or contour map showing the proposed grades for the streets and drainage facilities, including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the centerline of streets, together with proposed grade lines connecting therewith. i.Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply. j.All parcels of land to be dedicated for public use and the conditions of such dedication. (Ord. of 6-12-2000, § 15-1200)Sec. 70-272.?Procedure for approval.The agent or his appointed representative shall discuss the preliminary plat with the subdivider in order to determine whether or not his preliminary plat generally conforms to the requirements of this chapter and chapter 74. The subdivider shall then be advised in writing within 60 days, which may be by formal letter or by legible markings on his copy of the preliminary plat, concerning any additional data that may be required, the character and extent of public improvements that will have to be made and the amount of the performance bond which will be required upon approval of the final subdivision plat. In determining the cost of the required improvements and the amount of the performance bond, the agent, upon approval of town manager, may require a bona fide estimate of the cost of improvements to be furnished by the subdivider. (Ord. of 6-12-2000, § 15-1202)Sec. 70-273.?Approval not a guarantee.Approval by the agent or the planning commission of the preliminary plat does not constitute a guarantee of approval of the final plat. (Ord. of 6-12-2000, § 15-1204)Secs. 70-274—70-290.?Reserved.DIVISION 3.?FINAL PLATSSec. 70-291.?Time limit for filing.The subdivider shall have not more than six months after receiving official notification concerning the preliminary plat to file with the agent a final subdivision plat in accordance with this chapter. Failure to do so shall make preliminary approval null and void. The agent may, on written request by the subdivider, grant an extension of this time limit. (Ord. of 6-12-2000, § 15-1300)Sec. 70-292.?Information required.The subdivision plats submitted for final approval by the agent, planning commission and town council and subsequent recording, shall be submitted in the following manner and in addition to the requirements of the preliminary plat, the final plat shall include the following information: (1)Clearly and legibly drawn in permanent medium on tracing vellum, cloth, Mylar or its equal at a scale of 100 feet to the inch on sheets having a size no larger than 18 inches by 24 inches to have a size consistent with the deed books. (2)The subdivider shall present to the agent 15 copies, additional copies may be required upon request of the agent, of the final plat for review by the planning commission and town council. Upon approval, three sealed and certified original prints of the final plat are to be submitted to the agent. (3)Approval statement, within an oblong space of not less than three inches by five inches, as follows: APPROVED ON THIS ________ DAY OF _______, ___ BY _______, ZONING ADMINISTRATOR. COMMONWEALTH OF VIRGINIA COUNTY OF TAZEWELL???TO WIT: I ACKNOWLEDGE THE FOREGOING SIGNATURE OF (insert here name of current zoning administrator), ZONING ADMINISTRATOR, TOWN OF BLUEFIELD, VIRGINIA ___________, NOTARY PUBLIC MY COMMISSION EXPIRES _______ (4)Certificate signed by the surveyor or engineer, setting forth the source of title of the owners of the land subdivided and the place of record of the last instrument in the chain of title. The closure certification statement as follows: I CERTIFY THAT UNDER MY DIRECTION AND SUPERVISION THIS MAP WAS DRAWN FROM AN ACTUAL FIELD LAND SURVEY. DEED DESCRIPTION RECORDED IN BOOK (here insert deed book number) PAGE (here insert deed book page number), THAT THE ERROR OF CLOSURE AS CALCULATED BY LATITUDES AND DEPARTURE IS (here insert error of closure). WITNESS MY HAND AND SEAL THIS ________ DAY OF ________. SIGNED _______ PE or LS Certificate No. _______ (5)Every such plat, or the deed of dedication to which the plat is attached, shall contain a statement of certification of ownership and dedication as follows: THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND (here insert a correct description of land subdivided) IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. WE HEREBY CERTIFY WITH OUR FREE CONSENT, ESTABLISH AND DEDICATE ALL STREETS, ALLEYS, WALKS, STORM LINES AND OTHER UTILITIES TO PUBLIC USE AS NOTED. SIGNED _______ ??? _______ DATE _______ The statement shall be signed and duly acknowledged before an officer authorized to take acknowledgment of deeds. When executed and acknowledged, the plat, subject to the provisions of this chapter, shall be filed and recorded in the office of the clerk of the circuit court and indexed in the general index to deeds under the names of the owners of lands signing the statement, and under the name of the subdivision. Owners shall notify the appropriate commissioner of the revenue of improvements to real property situated in platted subdivisions. (6)When the subdivision consists of land acquired from more than one source of title, the outlines of the various tracts shall be indicated by dash lines, and identification of the respective tracts shall be placed on the plat. (7)The accurate location and dimensions by bearings and distances with all curve data on all lots and street lines and centerlines of streets, boundaries of all proposed or existing easements, parks, school sites or other public areas, the number and area of all building sites, all existing public and private streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits including their size and type, watercourses and their names, names of owners and their property lines, both within the boundaries of the subdivision and adjoining such boundaries. (8)Distances and bearings must balance and close with an accuracy of not less than one in 10,000 (1:10,000). (9)The data of all curves along the street frontage shall be shown in detail at the curve or in a curve data table containing the following: a.Delta; b.Radius; c.Arc; d.Tangent; e.Chord; and f.Chord bearings. (Ord. of 6-12-2000, § 15-1302)Sec. 70-293.?Conditions and time limits for approval.Approval of final plat shall be written on the face of the plat by the agent. The final plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this chapter and the following: (1)Has made satisfactory arrangements for performance bond, cash or cash bond to cover the cost of necessary improvements, in lieu of construction, to the satisfaction of the agent. (2)Before any subdivision plat shall be finally approved by the agent, the subdivider shall furnish the bond approved in an amount calculated by the agent to secure the required improvements in a workmanlike manner, and in accordance with specifications and construction schedules established or approved by the agent or appropriate engineer, which bond shall be payable to the town and held by the town manager. (3)The planning commission shall act on any proposed plat within 60 days after it has been officially submitted for approval by either approving or disapproving the plat in writing, and giving with the latter specific reasons therefor. Specific reasons for disapproval may be contained in a separate document or may be written on the plat itself. The reasons for disapproval shall identify deficiencies in the plat which cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall generally identify modifications or corrections as will permit approval of the plat. (4)The town council shall after receipt of the plat and recommendation of the planning commission, approve, modify or disapprove such plat. The town council shall act on any proposed plat within 60 days after it has been officially submitted for approval by either approving or disapproving the plat in writing, and giving with the latter specific reasons therefor. Specific reasons for disapproval may be contained in a separate document or may be written on the plat itself. The reasons for disapproval shall identify deficiencies in the plat which cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall generally identify modifications or corrections as will permit approval of the plat. (5)If the planning commission, town council, or its agent fails to approve or disapprove the plat within 60 days after it has been officially submitted for approval, the subdivider, after ten day's written notice to the planning commission, town council, or its agent, may petition the circuit court to decide whether the plat should or should not be approved. The circuit court shall hear the matter and make and enter an order with respect thereto as it deems proper, which may include directing approval of the plat. (6)If the planning commission, town council, or its agent disapproves a plat and the subdivider contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may appeal to the circuit court and the circuit court shall hear and determine the case as soon as may be, provided that his appeal is filed with the circuit court within 60 days of the written disapproval by the planning commission, town council, or its agent. (7)Unless a plat is filed for recordation within six months after final approval thereof or such longer period as may be approved by the town council, such approval shall be withdrawn and the plat marked "VOID" and returned to the subdivider by the agent. Also, no lots shall be sold in such subdivision and no zoning permits shall be issued until such plat is filed for recordation. The zoning administrator shall verify that such plat has been recorded within the stated time period. (Ord. of 6-12-2000, § 15-1304)Sec. 70-294.?Recorded plats or final site plans to be valid for not less than five years.(a)An approved final subdivision plat which has been recorded or an approved final site plan, hereinafter referred to as "recorded plat or final site plan," shall be valid for a period of not less than five years from the date of approval thereof or for such longer period as the town council may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development. A site plan shall be deemed final once it has been reviewed and approved by the town if the only requirement remaining to be satisfied in order to obtain a zoning permit or building permit is the posting of any bonds and escrows. (b)Upon application of the subdivider or developer, filed prior to expiration of a recorded plat or final site plan, the town council may grant one or more extensions of such approval for additional periods as the town council may, at the time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development, the laws, ordinances and regulations in effect at the time of the request for an extension. (c)If the town council denies an extension requested as provided in this section and the subdivider or developer contends that such denial was not properly based on the ordinance applicable thereto, the considerations for granting an extension, or was arbitrary or capricious, he may appeal to the circuit court, provided that such appeal is filed with the circuit court within 60 days of the written denial by the town council. (d)For so long as the final site plan remains valid in accordance with the provisions of this chapter, or in the case of a recorded plat for five years after approval, no change or amendment to any local ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to the date of approval of the recorded plat or final site plan shall adversely affect the right of the subdivider or developer or his successor in interest to commence and complete an approved development in accordance with the lawful terms of the recorded plat or site plan unless the change or amendment is required to comply with state law or there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare. (e)Application for minor modifications to recorded plats or final site plans made during the periods of validity of such plats or plans established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of minor modifications extend the period of validity of such plats or plans. (f)The provisions of this section shall be applicable to all recorded plats and final site plans valid on or after January 1, 1992. Nothing contained in this section shall be construed to affect: (1)Any litigation concerning the validity of a site plan pending prior to January 1, 1992, or any such litigation nonsuited and thereafter refiled; (2)The authority of the town council to impose valid conditions upon approval of any special use permit, conditional use permit or special exception; or (3)The application to individual lots on recorded plats or parcels of land subject to final site plans of the provisions of any local ordinance adopted to comply with the requirements of the federal Clean Water Act, Section 402(p) of the stormwater program and regulations promulgated thereunder by the Environmental Protection Agency. (Ord. of 6-12-2000, § 15-1306)Chapter 74?ZONINGARTICLE I.?IN GENERALSec. 74-1.?Title.This chapter shall be known as the zoning ordinance, and shall be permitted to be cited as such and may be referred to as this chapter. (Ord. of 6-26-2000, § 20-1)Sec. 74-2.?Purpose.The purpose of this chapter is to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within the town. (Ord. of 6-26-2000, § 20-1)Sec. 74-3.?Scope and validity.(a)The provisions of this chapter shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land or sign within the town, except work located primarily in a public way, public utility towers and poles, and public utilities unless specifically mentioned in this chapter. (b)Where, in any specific case, different sections of this chapter specify different requirements, the more restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (c)In fulfilling these purposes, this chapter is intended to benefit the public as a whole and not any specific person or class of persons. Although through the implementation, administration and enforcement of this chapter, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the jurisdiction hereby shall not be enforceable in tort. (d)If any portion of this chapter is held invalid for any reason, the remainder thereof shall not be affected. (Ord. of 6-26-2000, § 20-1)Sec. 74-4.?Definitions.(a)Scope. Unless otherwise expressly stated, the words and terms in this section shall, for the purposes of this chapter, have the meanings shown in this chapter. (b)Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular. (c)Terms defined in other codes. Where terms are not defined in this chapter and are defined in the building or mechanical codes, such terms shall have the meanings ascribed to them as in those codes. (d)Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. (e)Definitions as defined. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory living quarters means an accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. Acreage means a parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat. Acreage, gross, means the overall total area of real property. Acreage, net, means the remaining area after all deductions are made; with deductions including streets, easements for access, street dedications and similar areas. Adult oriented business means adult bookstore, adult motion picture theater, adult model studio, adult entertainment establishment, and adult drive-in theater. Adult bookstore means an establishment that devotes more than five percent of the floor space for the sale of books, magazines, periodicals, photographs, films, motion pictures, video cassettes, and any other form of visual or audio representation that emphasizes sexual activities or specified anatomical areas. Adult entertainment establishment means any place or establishment which features dancers, go-go dancers, exotic dancers, male or female impersonators, or similar entertainers which perform in a state of nudity or where specific anatomical areas are displayed during performance. Adult motion picture theatre means a theatre where films, motion pictures, slides, or any pictorial where an substantial amount of time is dedicated to showing depicted sexual activity or specific anatomical areas of the human body for the observation of the clientele. Adult model studio means any use open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by persons. This shall not apply to any school of art which meets the requirements of the Code of Virginia. Adult drive-in theatre means an open area or parking lot in which films, motion pictures, slides or any pictorial where an extensive amount of time is dedicated to showing depicted sexual activity or specific anatomical areas of the human body may be viewed from a motor vehicle, or outdoor seating area. Agriculture means the tilling of the soil, raising of crops, animals, horticulture, gardening, forestry, beekeeping, aquaculture and any agricultural industry or business, such as fruit packing plants, dairies or similar use. Alteration means any change, addition or modification in construction, occupancy or use. Amusement arcade means establishments in which more than ten percent of the use is the operation of video, mechanical, electronic, and/or coin operated games and/or devices for the amusement of the general public. Amusement center means an establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting gallery, table games and similar recreational diversions within an enclosed building. Amusement machine means any video, mechanical, electronic and/or coin operated game and/or device for the amusement of patrons. This definition shall not be construed to include coin operated music players, coin operated mechanical children's rides or coin operated television. Apartment house means a residential building designed or used for three or more dwelling units independently of each other. Automobile graveyard means any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated, are placed. Automotive repair, major, means an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, which is conducted within a completely enclosed building. Automotive repair, minor, means an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, which is conducted within a completely enclosed building. Automotive self-service station, and automotive service station mean that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment shall be permitted to offer for sale at retail other convenience items as a clearly secondary activity and shall be permitted also to include a freestanding automatic carwash. Accessory activities shall be permitted to include automotive repair and maintenance, carwash service and food sales. Awning means a shelter supported entirely from the exterior wall of a building. Basement means a story having part but not more than one-half of its height below grade. A basement shall be counted as a story for the purpose of height regulations if it is used for business purposes or for dwelling purposes. Bed and breakfast facility means a limited commercial activity, conducted within a structure, which includes dining and bathroom facilities with sleeping rooms for shortterm guest lodging. Block means land, or a group of lots, surrounded by streets or other rights-of-way, other than an alley, or land which is designated as a block on any recorded subdivision tract. Board means the board of zoning appeals of the town. Boardinghouse means a building where, for compensation, lodging and meals are provided for at least five and up to 14 persons. Building means any structure used or intended for supporting or sheltering any use or occupancy for the housing or enclosure of persons, animals or chattels. Building, accessory, means a separate and subordinate structure upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes. Building code means the Virginia Uniform Statewide Building Code (USBC) as amended. Building height means the vertical distance measured above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building. Building line means the distance which a building is from the front lot line or front boundary line. The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure. Building, main, means a building in which the principal structure use of the site is conducted. Building, temporary, means a building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction. Business or financial services means an establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service. Canopy means a roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings. Carport means a roofed structure open on at least two sides and used for the storage of private or pleasure-type vehicles. Cellar means a story having more than one-half of its height below grade and which may not be occupied for dwelling purposes. Commercial, heavy, means an establishment or business which generally uses open sales yards, outside equipment storage, or outside activities that generate noise or other impacts considered incompatible with less intense uses. Typical businesses in this definition are lumberyards, construction specialty services, heavy equipment suppliers or building contractors. Commercial, light, means an establishment or business which generally has retail or wholesale sales, office uses or services that do not generate noise, or other impacts considered incompatible with less intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants. Commercial center, community, means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket. Commercial center, convenience, means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services. Commercial center, neighborhood, means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant. Commercial center, regional, means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional commercial center shall provide for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services, in full depth and variety. Commercial retail sales and services means establishments which engage in the sale of general retail goods and accessory services. Businesses within this definition include those which conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor "sidewalk" promotions); businesses specializing in sale of either general merchandise or convenience goods. Commission means the planning commission of the town. Comprehensive plan means the declaration of purposes, policies and programs for the development of the town. Condominium means a single dwelling unit in a multiunit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property. Congregate residence means any building or portion thereof which contains facilities for living, sleeping and sanitation as required by this chapter, and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodginghouses. Convalescent center means a facility which is publicly or privately operated and intended for longterm patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals. Court means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building. Dairy means a commercial establishment for the manufacture and sale of dairy products. Dancehall, discotheque, means an establishment intended primarily for dancing and entertainment within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only. Day care, facility, means a child day care program offered in the residence of the provider or the home of any of the children for the care of six through 12 children under the age of 13, exclusive of the providers own children and any child who resides in the home, when at least one child receives care for compensation. A day care, facility shall be licensed as required by state law. A day care, facility in which more than four children under the age of two, including the providers own children and any children who reside in the home shall be licensed as provided by state law. Day care, in which the children in care are grandchildren of the provider shall not be included in this definition. Day care, family, means a child day care program offered in the residence of the provider or the home of any of the children for the care of one through five children, under the age of 13 exclusive of the providers own children and any children who reside in the home, when at least one child receives care for compensation. No daycare, family shall care for more than four children under the age of two, including the providers own children and any children who reside in the home. Day care, in which the children in care are all grandchildren of the provider shall not be included in this definition. Day care, group means an establishment for the care and/or instruction, whether or not for compensation, of six or more persons at any one time. Child nurseries, preschools and adult care facilities are included in this definition. A day care, group is restricted to an R-3, B-1 and B-2 district. Density means the number of dwelling units which are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development. District means districts as referred to in the Code of Virginia. Driveway means a private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located. Dump heap, and trash pile means any area of 100 square feet or more lying within 1,000 feet of a town street or state highway, a residence, a dairy barn or foodhandling establishment where trash, garbage or other waste or scrap material is dumped or deposited without being covered by a sanitary fill. Dwelling means any structure which is designed for use for residential purposes, except motels, boardinghouses, lodginghouses, tourist cabins, apartments and automobile trailers. Dwelling, duplex, means a building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units. Dwelling, multiple-unit, means a building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent. Dwelling, planned group, means two or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common. Dwelling, single-family, means a detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family. Dwelling unit means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this chapter, for not more than one family. Easement means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner of the property. The easement shall be permitted to be for use under, on, or above such lot or lots. Electronic game room (internet sweepstake/internet cafe) means a business enterprise, whether principal or accessory, where persons utilize electronic machines, including but not limited to computers and gaming terminals to conduct games of odds or chance, including sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determine by electronic games played or by predetermined odds. Electronic gaming operations do not include operations associated with the official Virginia lottery or amusement arcades. Erect means to build, construct, attach, place, suspend or affix. Face of building, primary, means the wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations. Family means one or more persons related by blood, marriage or adoption occupying a premises and living in a single-family dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodginghouse, tourist home or hotel. Farm animals means animals other than household pets that shall, where permitted, be kept and maintained for commercial production and sale and/or family food production, education, or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons. Floor area, gross, means the sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof. Floor area, net, means the gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities. Floor area ratio means the numerical value obtained by dividing the gross floor area of a building by the area of the lot on which the building is constructed. Frontage means the minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback as defined and required in this chapter. Garage, private, means an accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of two times as many automobiles as there are dwelling units. Garage, public, means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles. General store, country, means a single store, the ground floor area of which is 4,000 square feet or less and which offers for sale, primarily, most of the following articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store. Golf course means any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges. Golf driving range means a limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee. Grade (adjacent ground elevation) means the lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet from the building. Graffiti means unauthorized marking on a structure. Gross leasable area (GLA) means the total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet as measured from the centerline of joint partitions and from outside wall faces. Group care facility means a facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons. Guestroom means any room or rooms used or intended, arranged or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking. Dormitories are excluded. Habitable space (room) means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space. Historical area means as indicated on the zoning map an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation. Hog farm means a farm where hogs are kept and fed primarily on garbage transported from other places. Home garden means a garden in a residential district for the production of vegetables, fruits and flowers generally for use or consumption by the occupants of the premises. Home occupation means an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises, except as determined by the planning commission, such as the rental of rooms to tourists, the preparation of food products for sale, and similar activities; professional offices such as medical, dental, legal, engineering and architecture conducted within a dwelling by the occupant. Hospital means an institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices. But in all cases excluding institutions primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts. Certain nursing homes and homes for the aged may be home occupations if they comply with the definition in this section. Hospital, special care, means an institution rendering care primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts. Household pets means dogs, cats, rabbits, birds, for family use only (noncommercial) with cages, pens, etc. Industrial building unit or unit means a building assembly or system of building subassemblies, including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building or as part of a finished building compromising two or more industrialized building units and not designed for ready removal to or installation or erection on another site. The term "off-site," as used in this definition, refers to an industrialized building unit produced at any place other than the location in which the completed building where it is permanently positioned. Industrial or research park means a tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood. Institutional bulletin board means a changeable sign announcing events or activities. Itinerant sales or business means any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the town or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the town, including anyone who, in furtherance of such purpose, displays samples, model good, wares or merchandise within the town for the exhibition and sale of such goods, wares and merchandise. Itinerant merchant shall not include a merchant with an established store, regularly open to the public; a licensed merchant with a regularly serviced supply route or location; or a merchant who purchases merchandise directly from a manufacturer. This shall not include non-profit organizations, religious organization, 501C(3) corporations or organizations, educational institutions, or any business approved by the zoning administrator during the special holidays, festivals and events. Junkyard means the use of any area of land lying within 100 feet of a town street or state highway or the use of more than 200 feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metal or other scrap materials. The term "junkyard" shall include the term "automobile graveyard." Jurisdiction means the area or territory subject to the legislative control of the town council. Kennel means any lot, place or premises prepared to house, board, breed, handle or otherwise keep or care for four or more cats or dogs. The cats or dogs may be for sale or in return for compensation or not. Kitchen means any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food. Landscaping means the finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth. Livestock means, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals. Livestock market means a commercial establishment wherein livestock is collected for sale and auctioned off. Lot means a single parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter, and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds. Lot, corner, means a lot abutting on two intersecting or intercepting streets. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets. Lot, flag, means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street. Lot, depth of, means the average horizontal distance between the front and rear lot lines. Lot, double frontage, means an interior lot having frontage on two streets. Lot, interior, means a lot other than a corner lot. Lot, irregular, means a lot the opposing property lines of which are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other. Lot of record means a lot which has been recorded in the clerk's office of the circuit court. Lot, width of, means the average horizontal distance between side lot lines. Manufacture and/or manufacturing means the processing or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character or for use for a different purpose. Manufactured home (mobile home) means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet in length, or when erected on-site is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Manufactured home, special care, means a home used as a temporary dwelling for a family member who is in need of special, frequent and routine care by reason of advanced age or ill health. Manufacturing, heavy, means all other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing. Manufacturing, light, means the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants. Manufacturing, medium, means the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles. Mobile home park/manufactured home park mean a parcel of land under single or common ownership upon which ten or more mobile/manufactured homes are located on a continual nonrecreational basis, together with any structure, equipment, road or facility intended for use incidental to the occupancy of the mobile/manufactured homes, but shall not include premise used solely for storage or display of uninhabited mobile/manufactured homes or premises occupied solely by a landowner and members of his family. Model home means a dwelling temporarily used as a sales office for a residential development under construction; such home being used for on-site sales and not for general real estate business. Modular home means a factory-built home, other than a manufactured home, which meets all of the following requirements: (1)Is designed only for erection or installation on a site-built permanent foundation; (2)Is not designed to be moved once so erected or installed; (3)Is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a state or local modular building code recognized as generally equivalent to building codes for site-built housing; (4)To the manufacturer's knowledge, is not intended to be used other than on a site-built permanent foundation; (5)Must be absent of axles and frame; and (6)A structure having a valid Virginia registration seal affixed certifying that the unit is built in accordance with Virginia Industrialized Building Safety Law (Code of Virginia, § 36-70 et seq.) as regulated by the Virginia Department of Housing and Community Development. Mortuary and funeral home mean an establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment. Motel and hotel mean any building containing six or more guestrooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. Natural waterways means those areas, varying in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the jurisdiction. Nonconforming activity or use means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to this chapter. Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to this chapter. Nonconforming sign means a sign or sign structure or portion thereof lawfully existing at the time this chapter became effective, which does not now conform. Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter, for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to this chapter. Nonconforming use. See "Nonconforming activity or use." Off-street parking area means space provided for vehicular parking outside the dedicated street right-of-way. Open space means land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities. Park means a public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses. Park and ride facilities means parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage car pooling for purposes of commuting, or for access to recreation areas. Parking garage, commercial, means a building, other than a private garage, used for the parking of automobiles with or without a fee. Parking lot means an open area, other than a street, used for the parking of automobiles. Parking space, automobile, means a space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile. Payday loan means a small, short-maturity loan on the security of: (1)A check; (2)Any form of assignment of an interest in the account of an individual or individuals at a depository institution; or (3)Any form of assignment income payable to an individual or individuals, other than loans based on income tax refunds, as defined under Code of Virginia, § 6.1-444. Pen means a small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop. Enclosed pasture or range with an area in excess of 100 square feet for each hog or small animal or 200 square feet for each larger animal shall not be regarded as a pen. Person means a natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. Planned unit development (PUD) means a residential or commercial development guided by a total design plan in which one or more regulations of this chapter and chapter 70, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines. Plot plan means a plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information. Pools, swimming, hot tubs and spas means: Aboveground/on-ground pool. See "Private swimming pool." Barrier means a fence, a wall, a building wall, the wall of an aboveground swimming pool or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. Hot tub. See "Private swimming pool." In-ground pool. See "Private swimming pool." Power safety cover means a pool cover which is placed over the water area, and is opened and closed with a motorized mechanism activated by a control switch. Private swimming pool means any structure that contains water over 24 inches in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy and which is available only to the family and guests of the householder. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas. Private swimming pool, indoor, means any private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of such structure. Private swimming pool, outdoor, means any private swimming pool that is not an indoor pool. Public swimming pool means any swimming pool other than a private swimming pool. Spa. See "Private swimming pool." Public improvement means any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or for which the local government responsibility is established. Public services means uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, courts or government offices, but not including public utility stations or maintenance facilities. Public sewer system means a sewer system owned and operated by the town, a municipality or county, or owned and operated by a private individual or a corporation approved by the town council and properly licensed by the state corporation commission, and subject to special regulations as set forth in this chapter. Public utility station means a structure or facility used by a public or quasipublic utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. The term "public utility station" does not include storage or treatment of sewage, solid waste or hazardous waste. Public water system means a water system owned and operated by the town, a municipality or county, or owned and operated by a private individual or a corporation approved by the town council and properly licensed by the state corporation commission, and subject to special regulations as set forth in this chapter. Public way means any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use. Quasipublic means essentially a public use, although under private ownership or control. Quorum means a majority of the authorized members of a board or commission. Recreation, indoor, means an establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theaters, and related amusements. Recreation, outdoor, means an area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions, and similar structures used primarily for recreational activities. Recycling facility means any location the primary use of which is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials. Rehabilitation center (halfway house) means an establishment the primary purpose of which is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles. Religious, cultural and fraternal activity means a use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship. Renovation means interior or exterior remodeling of a structure, other than ordinary repair. Required open space means any space required in any front, side or rear yard. Restaurant means an establishment which sells prepared food or beverage for consumption. Restaurants shall be classified as follows: Restaurant, fast food, means an establishment which sells food already prepared for consumption, packaged in paper, styrofoam or similar materials, and may include drive-in or drive-up facilities for ordering. Restaurant, general, means an establishment which sells food for consumption on or off the premises. Restaurant, takeout, means an establishment which sells food only for consumption off the premises. Retail stores and shops means buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood, and lumberyards), such as the following, which will serve as illustration: drugstore, newsstand, foodstore, candy shop, milk dispensary, dry goods and notions store, antique store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop. Salvage yard means any location the primary use of which is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires and bottles. Sawmill means a portable sawmill located on a private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto. School, commercial, means a school establishment to provide for the teaching of industrial, clerical, managerial, computer or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school). Setback means the minimum required distance between the property line and the building line. Shopping center means a group of commercial establishments, planned, owned and managed as a unit providing on-site parking in definite relationship to the types and sizes of stores therein. Sign means an advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers. This will include any display of any letters, words, numerals, figures, devices, emblems, pictures or any parts or combinations thereof, by any means whereby the letters, words, numerals, figures, devices, emblems, pictures or any parts or combinations thereof are made visible for the purpose of making anything known, whether such display be made on, attached to, or as a part of a structure, surface or any other thing, including but not limited to the ground, any rock, tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which such display is made. A display of less than one square foot in area is excluded from this definition. Sign, community, means temporary, on-premises or off-premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature announcing activities, promotions or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction-based nonprofit organization. Sign, directional, means a sign placed on-site, to indicate direction to a general or specific area (additional parking, drive through teller, entrance, exit, etc.). Sign, directory, means a sign placed on-site, containing an alphabetical, numerical, or otherwise classified listing of names and/or businesses and their locations. Sign, freestanding, means a sign supported by uprights or braces in or upon the ground surface. Sign, marquee, means a sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line or street lot line. Sign, off-site, means a sign other than a on-site sign. Sign, on-site, means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. Sign, outdoor advertising, means a sign which directs attention to a product, commodity or service not necessarily conducted, sold or offered upon the same lot where the sign is located or which contains a message regarding a matter not necessarily related to the same lot where the sign is located. Sign, portable, means a sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure and which obtains some or all of its structural stability by means of its geometry or character. Sign, projecting, means a sign which is attached directly to the building wall and which extends more than 12 inches from the face of the wall. Sign, roof, means any sign erected upon or above the roof of a building or structure, or part thereof. Sign structure means the supports, uprights, bracing and framework of any structure, be it single-faced, double-faced, v-type or otherwise exhibiting a sign. Sign, temporary, means a sign constructed of cloth, fabric or other light temporary material with or without a structural frame intended for a limited period of display. Temporary signs include decoration displays for holidays or public demonstrations. Sign, wall, means a sign which is attached directly to a fence or on the surface of a building or other structure walls or painted directly on a wall, and which extends not more than 15 inches from the face of the fence or wall. Signs, flashing or animated means a sign that is animated or has moving components, with a sign cyclical period between on-off phase of illumination or animation of less than four seconds. Site plan means a plan which outlines the use and development of any tract of land. Store. See "Retail stores and shops." Story means that portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above grade as defined in this section for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this section at any point, such usable or unused under-floor space shall be considered as a story. Story, half, means a space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. Street, arterial, means Virginia Avenue, State Route 102 and State Route 720 within the town. Street, collector, means any street, other than an arterial street, as defined in this section, with the town. Street and road mean any thoroughfare or public way which afforded principal means of access to abutting property. Street line means the dividing line between a street or road right-of-way and the contiguous property. Street, private, means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites. Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" includes, among other things, dwellings, buildings, signs, etc. Subdivision means the division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land. Theater means a building used primarily for the presentation of live stage productions, performances or motion pictures. Tourist court, auto court, cabins, or motor lodge means one or more buildings containing individual sleeping rooms, designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit. Tourist home means a dwelling where only lodging is provided for compensation for up to 14 persons (in contradistinction to hotels and boardinghouses) and open to transients. Use means the activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses. Use, accessory, means a subordinate use, customarily incidental to and located upon the same lot occupied by the main use. Use, change of, means the change within the classified use of a structure or premises. Use, nonconforming, means a use which lawfully occupied a building or land at the time the ordinance from which this chapter is derived became effective, which has been lawfully continued and which does not now conform with the use regulations. Use, principal, means a use which fulfills a primary function of a household, establishment, institution or other entity. Use, temporary, means a use that is authorized by this chapter to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales. Variance means, in the application of this chapter, a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of this chapter would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of this chapter, and would result in substantial justice being done. A variance shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning. A relaxation of the terms of this chapter where property is acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of the specific piece of property at the time of the effective date of the ordinance from which this chapter is derived, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the condition, situation or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the utilization of the property, or where the board of zoning appeals is satisfied, upon evidenced heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purposes of this chapter. Warehouse, wholesale or storage means a building or premises in which goods, merchandise or equipment are stored for eventual distribution. Wayside stand, roadside stand and wayside market mean any structure or land used for the sale of agriculture or horticulture produce, livestock or merchandise produced by the owner or his family on their farm. Wrecking yard means any place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled or handled. Yard means an open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this chapter. Yard, front, means an open space on the same lot as a building between the front line of the building, excluding steps, and the front lot or street line, and extending across the full width of the lot. Yard, rear, means an open, unoccupied space on the same lot as a building between the rear line of the building, excluding steps, and the rear line of the lot, or the ordinary high-water line, and extending the full width of the lot. Yard, side, means an open, unoccupied space on the same lot with the building and between the building line (excluding steps) and the side lot line, or to the ordinary high-water line, and extending from the front yard line to the rear yard line. Zero lot line development means single-family dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line. (Ord. of 6-26-2000, § 20-5; Ord. of 2-25-2008(2); Ord. of 3-9-2009; Ord. of 5-12-2009; Ord. of 11-8-2010; Ord. of 10-10-2011(1); Ord. of 8-28-2012(2))Cross reference(s)—Definitions generally, § 1-2. Sec. 74-5.?Widening of highways and streets.Whenever there shall be plans in existence, approved by either the state department of transportation or by the town council for the widening of any street or highway, the planning commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening. (Ord. of 6-26-2000, § 20-50)Sec. 74-6.?Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments to chapter.(a)The regulations, restrictions and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed by a favorable majority of votes of the town council only after notice has been published, and a public hearing held, in accordance with Code of Virginia, § 15.2-2204. (b)Changes shall be made by the town council in this chapter or the zoning map only after such changes have been referred to the planning commission for a report. Action shall be taken by the town council only after a report has been received from the planning commission, unless a period of 60 days has elapsed after the date of referral to the planning commission, after which time it may be assumed the planning commission has approved the change or amendment. (Ord. of 6-26-2000, § 20-60)Sec. 74-7.?Violations and penalties.(a)Unlawful acts. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or land or cause or permit such work to be done in violation of this chapter. When any building or parcel of land regulated by this chapter is being used contrary to this chapter, the code official shall be permitted to order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the code official after receipt of such notice to make the structure, parcel of land, or portion thereof, comply with the requirements of this chapter. (b)Penalties. Any person, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-15. Such person shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person and shall be punishable as provided in this section. (Ord. of 6-26-2000, § 20-55)Secs. 74-8—74-30.?Reserved.ARTICLE II.?ADMINISTRATIONDIVISION 1.?GENERALLYSec. 74-31.?Powers and duties of the zoning administrator.This section establishes the duties and responsibilities for the zoning administrator and other officials and agencies, with respect to the administration of this chapter. The zoning administrator and/or designee may be referred to hereafter as "the code official." (1)Zoning administrator. This chapter shall be enforced by the zoning administrator who is appointed by the town council. Compensation for such shall be fixed by resolution of the town council. (2)Deputies. The code official may appoint such number of technical officers and other employees as shall be authorized from time to time as may be necessary to carry out the functions of this chapter. (3)Reviews and approvals. The code official shall be authorized to undertake reviews, make recommendations and grant approvals as set forth in this chapter. (4)Comprehensive plan. The code official shall assist the planning commission in the development and implementation of the comprehensive plan. (5)Administrative reviews and permits.a.Review of zoning permits. All applications for zoning permits and amendments thereto shall be submitted to the code official for review and approval prior to permit issuance. Each application shall include a set of building plans, if applicable, and all data necessary to show that the requirements of this chapter are met. b.Site plan reviews. The code official shall receive all applications for site plan review and review for completeness and prepare submittals for review by the appropriate body when required. c.Conditional use permits and variances. The code official shall receive all applications for conditional uses and variances or other plans as shall be permitted or approved as required by this chapter, review for completeness and prepare submittals for review by the appropriate body when required. d.Amendments. All requests for amendments or changes to the comprehensive plan or this chapter or the zoning map shall be submitted to the zoning administrator for processing. (6)Interpretations. The interpretation and application of the provisions of this chapter shall be by the zoning administrator. An appeal of an interpretation by the zoning administrator shall be submitted to the board of zoning appeals, which, unless otherwise provided, is authorized to interpret this chapter, and such interpretation shall be considered final unless appealed to the circuit court. Uses are permitted within the various zones as described in this chapter and as otherwise provided in this chapter. It is recognized that all possible uses and variations of uses which might arise cannot reasonably be listed or categorized. Mixed uses/sites or any use not specifically mentioned or about which there is any question shall be administratively classified by comparison with other uses identified in the zones described in this chapter. If the proposed use resembles identified uses in terms of intensity and character, and is consistent with the purpose of this chapter and the individual zone classifications, it shall be considered as a permitted/nonpermitted use within a general zone classification, subject to the regulations for the use it most nearly resembles. If a use does not resemble other identified allowable uses within a zone, it may be permitted as determined by the hearing bodies in public hearings as an amendment to this chapter pursuant to section 74-6. (7)Liability. The code official, or designee, charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties described in this chapter, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the code official or employee because such act or omission performed by the code official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this chapter or enforced by the enforcement agency shall be defended by the town until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the town. This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this chapter. (8)Cooperation of other officials and officers. The code official may request, and shall receive so far as is required in the discharge of the duties described in this chapter, the assistance and cooperation of other officials of the town. (Ord. of 6-26-2000, § 20-10)Secs. 74-32—74-50.?Reserved.DIVISION 2.?NONCONFORMANCESSec. 74-51.?Existing buildings and uses.Lawfully established buildings and uses in existence at the time of the adoption of the ordinance from which this chapter is derived or deemed to be a vested right under State statute shall be permitted to have their existing use or occupancy continued, provided such continued use is in compliance with the Uniform Statewide Building Code and is not dangerous to life. (1)Alterations or repairs. Alterations or repairs shall be permitted to be made to any building or use without requiring the existing building or use to comply with the requirements of this chapter, provided the alteration or repair conforms to the requirements of the Uniform Statewide Building Code. (2)Maintenance. All buildings or uses, both existing and new, and all parts thereof, shall be maintained in accordance with the Uniform Statewide Building Code. The owner or designated agent shall be responsible for the maintenance of buildings and parcels of land. To determine compliance with this section, the zoning administrator shall be permitted to cause any structure or use to be inspected. (3)Moved and temporary buildings, structures, and uses. Buildings or structures moved into or within the jurisdictions shall comply with the provisions of this chapter for new buildings and structures. Temporary buildings, structures, and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public shall be permitted to be erected, provided a special approval is received from the zoning administrator for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. (4)Illegal uses. Uses which were illegally established prior to the adoption of the ordinance from which this chapter is derived shall remain illegal. (Ord. of 6-26-2000, § 20-15; Ord. of 5-9-2011)Sec. 74-52.?Conformance and compliance with chapter.(a)Conformance. Upon adoption of this chapter by the town council, no use, building or structure, whether publicly or privately owned, shall be constructed or authorized until the location and extent thereof conform to such ordinance. (b)Compliance. All departments, officials and public employees of the town who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. All departments, officials and public employees of the town who are vested with the duty or authority to issue permits shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void. (Ord. of 6-26-2000, § 20-20)Sec. 74-53.?Nonconforming structures and uses.(a)Continuance. Except as otherwise required by law, a building, structure or use legally established prior to the adoption date of this chapter or deemed to be a vested right under State statute may be maintained in their then structural condition. Any building or structure which does not comply with the Uniform Statewide Code shall be brought into compliance with that provision. In other than criminal proceedings, the owner, occupant or users shall have the burden to show that the structure, lot or use was lawfully established. (b)Discontinuance.(1)Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of two years shall not thereafter be occupied, except by a use which conforms to this chapter. (2)Damage. If such building or structure is damaged or destroyed by a natural disaster or other act of God as defined in the state statutes, the owner thereof may repair, rebuild or replace such building or structure to eliminate or reduce the nonconforming features to the extent possible. If such building or structure is damaged greater than 50 percent and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. (c)Improvements, repairs and modifications.(1)Maintenance and repair. Maintenance, repair and structural alteration shall be permitted to be made to nonconforming buildings and structures or to a building or structure housing a nonconforming use with a valid permit and in conformance with the Uniform Statewide Building Code. (2)Changes of nonconforming use. A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. For such changes made, the use shall not thereafter be changed back to a nonconforming use. (3)Addition. All additions to nonconforming buildings or structures by which the square footage of such building or structure is increased shall conform to the requirements of this chapter. Additions to buildings or structures housing nonconforming uses that increase the area square footage of a nonconforming use shall not be made except in conformance with the requirements of this chapter. (d)Abandoned nonconforming signs. A sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two years. Following the expiration of the two-year period, any abandoned nonconforming sign shall be removed by the owner of the property in which the sign is located, if notified by the town to do so. If, following such two-year period, the town has made a reasonable attempt to notify the property owner, the town through its own agent or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused or failed to do so. The cost of such removal shall be chargeable to the owner of the property. (Ord. of 6-26-2000, § 20-35; Ord. of 5-9-2011)Secs. 74-54—74-70.?Reserved.DIVISION 3.?PERMITSSec. 74-71.?Conflicts.All departments, officials and employees which are charged with the duty or authority to issue permits or approvals shall issue no permit or approval for uses or purposes where the uses or purposes would be in conflict with this chapter. Any permit or approval, if issued in conflict with this chapter, shall be null and void. (Ord. of 6-26-2000, § 20-25(intro.))Sec. 74-72.?Permit requirement.Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the code official. A zoning permit cannot be issued unless the lot or parcel for which the zoning permit is obtained abuts an improved street or highway. (Ord. of 6-26-2000, § 20-25(a))Sec. 74-73.?Review of zoning permit.The planning commission may request a review of the zoning permit approved by the zoning administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies. (Ord. of 6-26-2000, § 20-25(b))Sec. 74-74.?Application.Each application for a zoning permit shall be accompanied by a site plan, if applicable, showing the lot lines of the site, existing and/or proposed easements, the location of any building or use, and right-of-way of the improved street or highway adjoining the parcel of land. Any other information which the code official may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the code official. (Ord. of 6-26-2000, § 20-25(c))Sec. 74-75.?Term and nontransferability.Zoning permits issued under this section are valid for one year after the start of the work date. Work must begin within 180 days of issuance of the zoning permit. Zoning permits are nontransferable. (Ord. of 6-26-2000, § 20-25(d))Sec. 74-76.?Expiration.Each license, permit or approval issued shall expire after 180 days if no work is undertaken or such use or activity is not established, unless a different time of issuance of the license or permit is allowed in this chapter, or unless an extension is granted by the issuing agent prior to expiration. (Ord. of 6-26-2000, § 20-25(e))Sec. 74-77.?Cancellation or revocation.Failure to comply fully with the terms of any permit, license or approval shall be grounds for cancellation or revocation. Action to cancel any license, permit or approval shall be taken on proper grounds by the code official. Cancellation of a permit or approval by the planning commission, town council, or board of zoning appeals may be appealed in the same manner as its original action. (Ord. of 6-26-2000, § 20-25(f))Sec. 74-78.?Validity of licenses, permits and approvals.For the issuance of any license, permit or approval for which the planning commission, town council, or board of zoning appeals is responsible, the code official shall require that the development or use in question proceed only in accordance with the terms of such license, permit or approval, including any requirements or conditions established as a condition of issuance. Except as specifically provided for in this chapter and conditions of approval, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other required reviews or approvals. (Ord. of 6-26-2000, § 20-25(g))Sec. 74-79.?Fees.A fee for services shall be charged. All fees shall be set by the town council and schedules shall be available at the office of the zoning administrator and the town clerk. (Ord. of 6-26-2000, § 20-25(h))Secs. 74-80—74-100.?Reserved.DIVISION 4.?CERTIFICATE OF OCCUPANCYSec. 74-101.?General requirement.Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the county building inspector's office. The certificate of occupancy shall be issued after the erection or structural alteration of such building or part has conformed with the provisions of this chapter and the Virginia Uniform Statewide Building Code (USBC). (Ord. of 6-26-2000, § 20-30)Secs. 74-102—74-120.?Reserved.DIVISION 5.?CONDITIONAL USESSec. 74-121.?General purposes and requirements.The principal objective of this chapter is to provide for an orderly arrangement of compatible buildings and land use, and for the proper location of all types of uses required for the social and economic welfare of the community. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various use districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which it may be necessary to allow because of the unusual characteristics of the service they provide the public. These conditional uses require particular considerations as to their proper location to adjacent, established or intended uses, or to the planned growth of the community. The conditions controlling the locations and operation of such special uses are established by the applicable sections of this chapter. (Ord. of 6-26-2000, § 20-40(intro.))Sec. 74-122.?Conditional use permit.A conditional use permit shall be obtained for certain uses which may be harmonious under special conditions and in specific locations within a zone, but shall not be allowed under the general conditions of the zone as stated in this chapter. The location of hotels, motels, mobile home parks, commercial amusement parks, hospitals, airports, borrow pits, hog farms, sanitary fill method garbage refuse sites, adult oriented businesses, tattoo parlors, fortunetellers, massage parlors, methadone clinics, other opiate treatment facilities to include, but not limited to, suboxone clinics, pawnshops, tall building or structures, payday loan institutions, title loan institutions, amusement arcades and electronic game rooms, bars, clubs, lounges, and other permitted uses shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit. These permits shall be subject to such conditions as the town council, upon recommendation of the planning commission, deems necessary to carry out the intent of this chapter. (Ord. of 6-26-2000, § 20-40(a); Ord. of 2-25-2008(3); Ord. of 3-23-2009; Ord. of 11-8-2010; Ord. of 1-22-2013; Ord. of 10-27-2014)Sec. 74-123.?Submittal.All conditional use permit applications shall be submitted to the zoning administrator as provided in this chapter. All applications shall be accompanied by maps, drawings, statements or other documents in accordance with the provisions of division 3 of this article. An appropriate fee shall be collected at the time of submittal as determined by the town council. Anyone who does not change a plan once they have been denied, when applying for a conditional use permit, will not be allowed to reapply for a conditional use permit. (Ord. of 6-26-2000, § 20-40(b); Ord. of 11-14-2005(3))Sec. 74-124.?Public hearing.Prior to the approval, amending or denial of a conditional use permit, a public hearing shall be held in accordance with the provisions of section 74-6. (Ord. of 6-26-2000, § 20-40(c))Sec. 74-125.?Authorization.The planning commission and town council, shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety and welfare of the surrounding area. The authorization of a conditional use permit shall not be made unless the evidence presented is such to establish: (1)That such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well being of the surrounding area. (2)That such use will comply with the regulations and conditions specified in this chapter for such use. (3)That the planning commission and town council shall itemize, describe or justify, then have recorded and filed in writing in both the town council minutes and the circuit court, the conditions imposed on the use. (Ord. of 6-26-2000, § 20-40(d))Sec. 74-126.?Guarantee/bond.A guarantee or bond may be required to ensure that the conditions imposed are being and will continue to be complied with. (Ord. of 6-26-2000, § 20-40(e))Sec. 74-127.?Expiration and revocation.(a)Generally. Any granted conditional use permit shall become null and void within one year of the date of approval if not exercised. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. If such permit is abandoned or discontinued for a period of one year, it may not be reestablished unless authorized by the planning commission and town council on appeal. (b)Revocation. A conditional use permit may be revoked if the applicant fails to comply with the imposed conditions by the planning commission and town council. (Ord. of 6-26-2000, § 20-40(f))Sec. 74-128.?Amendments.An amendment to an approved conditional use permit shall be submitted to the zoning administrator accompanied by supporting information. The planning commission and town council shall review the amendment and shall be permitted to grant, deny or amend such amendment and impose conditions deemed necessary. (Ord. of 6-26-2000, § 20-40(g))Sec. 74-129.?Conditional use review criteria.A request for a conditional use shall be permitted to be approved, approved with conditions or denied. Each request for a conditional use approval shall be consistent with the criteria listed as follows: (1)The request is consistent with all applicable provisions of the comprehensive plan. (2)The request shall not adversely affect adjacent properties. (3)The request is compatible with the existing or allowable uses of adjacent properties. (4)The request can demonstrate adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed. (5)The request can demonstrate adequate provision for maintenance of the use and associated structures. (6)The request has minimized, to the degree possible, adverse affects on the natural environment. (7)The request will not create undue traffic congestion. (8)The request will not adversely affect the public health, safety or welfare. (9)The request conforms to all applicable provisions of this chapter. (Ord. of 6-26-2000, § 20-40(h))Secs. 74-130—74-150.?Reserved.DIVISION 6.?USES NOT PROVIDED FORSec. 74-151.?Application and recommendation.If in any district established under this chapter a use is not specifically permitted and an application is made by a property owner to the zoning administrator for such use, the zoning administrator shall refer the application to the planning commission, which shall make its recommendation to the town council within 30 days. If the recommendation of the planning commission is approved by the town council, this chapter shall be amended to list the use as a permitted use in that district, henceforth. (Ord. of 6-26-2000, § 20-45)Secs. 74-152—74-180.?Reserved.ARTICLE III.?BOARD OF ZONING APPEALSSec. 74-181.?Established.A board of zoning appeals is hereby established with the powers, duties and procedures to hear appeals as provided in the Code of Virginia, § 15.2-2308. (Ord. of 6-26-2000, § 20-400)Sec. 74-182.?Composition.There shall be a board of zoning appeals which shall consist of five members, each to be a resident of the town and each to be appointed by the circuit court of the county for terms of five years except the original appointments shall be made for such terms that the term of one member shall expire each year. Members of the board shall hold no other public office in the town, except one member may be a member of the town planning commission. (Ord. of 6-26-2000, § 20-402(a))Sec. 74-183.?Vacancies.Vacancies shall be filled by such court for the unexpired portion of the term. The secretary of the board shall notify the court promptly if any vacancy occurs. (Ord. of 6-26-2000, § 20-402(b))Sec. 74-184.?Removal.A member or alternate may be removed by such court for malfeasance, misfeasance or nonfeasance in office, or for other just cause, upon hearing held by such court, after 15 days' written notice of such hearing. (Ord. of 6-26-2000, § 20-402(c))Sec. 74-185.?Expiration of term.The secretary of the board shall notify the court at least 30 days in advance of the expiration of any term of office. A member whose term expires shall continue to serve until his successor is appointed and qualified. Members may be reappointed to succeed themselves. (Ord. of 6-26-2000, § 20-402(d))Sec. 74-186.?Alternates.At the request of the town council, the court may appoint not more than three alternates to the board. The qualifications, terms and compensation of alternate members shall be the same as those of regular members. A regular member when he knows he will be absent from a meeting shall notify the chair 24 hours prior to the meeting of such fact. The chair shall select an alternate to serve in the absent member's place and the records of the board shall so note. (Ord. of 6-26-2000, § 20-402(e))Sec. 74-187.?Organization.The board shall elect one of its members as chair and one of its members as vice-chair. The officers shall serve annual terms and may succeed themselves. The chair shall preside at all meetings of the board and in the chair's absence, the vice-chair shall preside. (Ord. of 6-26-2000, § 20-404(a))Sec. 74-188.?Secretary of the board.The town zoning administrator shall act as secretary of the board. (Ord. of 6-26-2000, § 20-404(b))Sec. 74-189.?Recording secretary.The town manager shall appoint a recording secretary whose duty it shall be to keep the minutes and other records of the actions and deliberations of the board. (Ord. of 6-26-2000, § 20-404(c))Sec. 74-190.?General procedures.The board may adopt, make, alter and rescind rules and forms for its procedures, consistent with ordinances of the town and general laws of the commonwealth as it may deem necessary in order to carry into effect the provisions of this chapter. (Ord. of 6-26-2000, § 20-406(a))Sec. 74-191.?Meetings.Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. Such chair, or in the chair's absence the vice-chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. (Ord. of 6-26-2000, § 20-406(b))Sec. 74-192.?Minutes.The recording secretary shall keep minutes of the board's proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of the board's examinations and other official actions, all of which shall be immediately filed in the office of the zoning administrator and shall be of public record. (Ord. of 6-26-2000, § 20-406(c))Sec. 74-193.?Quorum and voting.A quorum shall consist of three board members; one of which shall be either the chair or vice-chair. A majority vote, but not less than three votes, shall be necessary to reverse any order, requirement, decision or determination of an administrative official or to decide in favor of an applicant on any matter on which the board is required to pass. (Ord. of 6-26-2000, § 20-406(d))Sec. 74-194.?Yearly report.The board shall submit a report of its activities to the town council at least once each year. (Ord. of 6-26-2000, § 20-406(e))Sec. 74-195.?Powers and duties.The board of zoning appeals shall have the following powers and duties: (1)To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter. (2)To authorize upon appeal or original application in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship; provided that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done, as follows: When a property owner can show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of the ordinance from which this chapter is derived, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the utilization of the property or where the board is satisfied, upon confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this chapter. (3)No such variance shall be authorized by the board unless it finds: a.That the strict application of this chapter would produce undue hardship. b.That the hardship is not shared generally by other properties in the same zoning district and the same vicinity. c.That the authorization of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. (4)No variance shall be authorized except after notice of hearing as required by section 74-6. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across from the street or road from the property affected, the board may give such notice by first class mail rather than by registered or certified mail. (5)No variance shall be authorized unless the board finds that the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter. (6)In authorizing a variance, the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. (7)To hear and decide appeals from the decision of the zoning administrator after notice and hearing as provided by section 74-6. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first class mail rather than by registered or certified mail. (8)To hear and decide applications for interpretation of the zoning district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by section 74-6, the board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by this chapter. (9)No provisions of this section shall be construed as granting the board the power to rezone property. The board shall not have the power to change substantially the locations of district boundaries as established by this chapter. (10)To hear and decide application for special exceptions as may be authorized in this chapter. The board may impose such conditions relating to the use for which the permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. No special exception may be granted except after notice and hearing as provided by section 74-6. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first class mail rather than by registered or certified mail. (11)To revoke a special exception if the board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by section 74-6. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first class mail rather than by registered or certified mail. (12)To determine, in cases of uncertainty, of the district classification of any use not specifically named in these regulations provided, however such use shall be in keeping with uses specifically permitted in the district in which such use is to be classified. (Ord. of 6-26-2000, § 20-408)State law reference(s)—Powers and duties of boards of zoning appeals, Code of Virginia, § 15.2-2309. Sec. 74-196.?Appeals to the board.(a)An appeal to the board may be taken by any person aggrieved by any officer, department, board or bureau of the town affected by any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this chapter or any ordinance adopted pursuant thereto. Notwithstanding any charter provision to the contrary, any written notice of a zoning violation or a written order of the zoning administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this section, and that the decision shall be final and unappealable if not appealed within 30 days. The appeal period shall not commence until the statement is given. The appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. (b)An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown. (c)In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by the zoning administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer through fraud. The 60-day limitation period shall not apply in any case where, with the concurrence of the town attorney, modification is required to correct clerical or other nondiscretionary errors. (d)Any matter, once heard and determined by the board shall not be appealed again to the board for a period of one year. (Ord. of 6-26-2000, § 20-410)Sec. 74-197.?Procedure on applications and appeals.(a)Application for variances and special exceptions. Applications for special exceptions and variances may be made by any property owner, tenant, government official, department, board or bureau. Applications shall be made to the zoning administrator in accordance with the rules adopted by the board. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board who shall place the matter on the docket to be acted upon by the board. (b)Notice and advertisement. No special exceptions or variances shall be authorized except after notice and hearing as required by section 74-6. (c)Filling fees.(1)A person appealing to the board of zoning appeals, necessitating the publication of notices in the newspaper shall be required to pay, at the time the application is submitted, a fee determined by the secretary of the board. (2)A person applying for variances under the provisions of this chapter or applying for an amendment or a variance already approved shall be required to pay the publication of notices in the newspaper, at the time the application is submitted, a fee determined by the secretary of the board. (3)The payment of such money in advance to the secretary of the board as specified shall be deemed a condition precedent to the consideration of such appeal, variance request, or requested amendment to a variance already approved. (d)Hearing and decision. The board shall, within 30 days, fix a time and date for the hearing of the requested variance or appeal, give public notice thereof as required by law, as well as due notice to the parties in interest as provided by state law and decide the variance or appeal within 30 days after the hearing date. The board shall make its decision within 90 days of the filing of the application or appeal. Upon the hearing, any party may appear in person, or by agent, or by attorney. In exercising its powers, the board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify, any order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of the members of the board shall be necessary to reverse any order, requirement, decision or determination of the administrative officer to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variance from this chapter. (Ord. of 6-26-2000, § 20-412)Sec. 74-198.?Conditions attached to approvals.Where the board is authorized to decide appeals, and where the board is authorized to approve variances, such approval, decision, or authorization shall be limited by such conditions as the case may require, including the imposition of any of the following specifications: (1)No outside signs or advertising structures except professional or directional signs. (2)Limitation of signs as to size, type, color, location or illumination. (3)Amount, direction, and location of outdoor lighting. (4)Amount of and location of off-street parking and loading space. (5)Structures connected or disconnected with other buildings. (6)Exits or entrances, doors, and windows. (7)Paving, shrubbery, landscaping, ornamental or screening fences, walls, or hedges, or security fences. (8)Time of day or night for operating. (9)No store fronts. (10)Control or elimination of smoke, dust, gas, noise, vibration caused by operations. (11)Requirements for termination of a use based on lapse of time or such other conditions as the board may specify. (12)Such other conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest. (Ord. of 6-26-2000, § 20-414)Sec. 74-199.?Performance bond.The board may require satisfactory evidence and guarantee or bond that the conditions stipulated will be and will continue to be complied with. Any variance may be authorized and issued for either a limited or an indefinite period of time and shall be revocable by the board at any time for failure to adhere to the application conditions. Before revoking any such variance, however, the board shall afford the applicant an opportunity to be heard, giving him at least five days written notice of the time and place of such hearing, served as prescribed by law. (Ord. of 6-26-2000, § 20-416)Sec. 74-200.?Lapse of variance.After the board has approved a variance, the variance so approved or granted shall lapse after the expiration of one year if no substantial construction or change of use has taken place in accordance with the plans for which such variance was granted, or if the board does not specify some longer period than one year for good cause shown, the provisions of this chapter shall thereafter govern. (Ord. of 6-26-2000, § 20-418)Sec. 74-201.?Proceedings to prevent construction of building in violation of chapter.Where a building permit has been issued and the construction of the building for which the permit was issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of this chapter, by suit filed within 15 days after the start of construction by a person who had no actual notice of the issuance of the permit, the court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the administrative officer to the board of zoning appeals. (Ord. of 6-26-2000, § 20-420)Sec. 74-202.?Certiorari to review decision of the board.(a)Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the town, may present to the circuit court of the county a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the board of zoning appeals. (b)Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. (c)The board of zoning appeals shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of the portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (d)If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take evidence as it may direct and report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (e)Costs shall not be allowed against the board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the board is affirmed and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making the return of the record pursuant to the writ of certiorari. If the petition is withdrawn subsequent to the filing of the return, the board may request that the court hear the matter on the question of whether the appeal was frivolous. (Ord. of 6-26-2000, § 20-422)Secs. 74-203—74-230.?Reserved.ARTICLE IV.?CONDITIONAL ZONINGSec. 74-231.?Declaration of policy.It is the general policy of the town to provide for the orderly development of land, for all purposes, through zoning and other land development legislation. Frequently, when competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change. It is the purpose of the provisions of this article to provide a more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned. The provisions of this article shall not be used for the purpose of discrimination in housing. (Ord. of 6-26-2000, § 20-500)Sec. 74-232.?Voluntary proffer.(a)Generally. The owner of any tract or parcel of land to be rezoned may make a voluntary proffer in writing of reasonable conditions prior to a public hearing before the town council, in addition to the regulations provided for the zoning district or zone by this chapter, as a part of a rezoning or amendment to a zoning matter; provided that: (1)The rezoning itself must give rise for the need for the condition; (2)Such condition shall have a reasonable relation to the zonings; (3)Such condition shall not include a cash contribution to the town; (4)Such condition shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for; (5)Such conditions shall not include payment for or construction of off-site improvements except as otherwise provided; (6)No condition shall be proffered that is not related to the physical development or physical operation of the property; and (7)All such conditions shall be in conformity with the comprehensive plan. (b)Acceptance. Once proffered and accepted as part of an amendment to this chapter, such condition shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such condition shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. (Ord. of 6-26-2000, § 20-502)Sec. 74-233.?Enforcement and guarantees.(a)Generally. The zoning administrator shall be vested with all necessary authority on behalf of the town to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including: (1)The ordering and writing of the remedy of any noncompliance with such conditions; (2)The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and (3)Requiring a guarantee, satisfactory to the town, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the town, or agent thereof, upon the submission of satisfactory evidence that construction of such improvement has been completed in whole or in part. (b)Denial. Failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits, as may be appropriate. (Ord. of 6-26-2000, § 20-504)Sec. 74-234.?Records.The zoning map shall show an appropriate symbol on the map of the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in his office and make available for public inspection a record of any conditional zoning. (Ord. of 6-26-2000, § 20-506)Sec. 74-235.?Petition for review.Any zoning applicant who is aggrieved by the decision of the zoning administrator pursuant to section 74-195 may petition the board of zoning appeals for the review of the decision of the zoning administrator. (Ord. of 6-26-2000, § 20-508)Secs. 74-236—74-270.?Reserved.ARTICLE V.?DISTRICTS AND DISTRICT REGULATIONSDIVISION 1.?GENERALLYSec. 74-271.?Use districts; classification.In order to classify, regulate and restrict the locations of uses and locations of buildings designated for specific areas; and to regulate and determine the areas of yards, courts and other open spaces within or surrounding such buildings, property is hereby classified into districts as prescribed in this chapter. (Ord. of 6-26-2000, § 20-600)Sec. 74-272.?Zoning map.(a)Boundaries of districts. The boundaries of each zoning district are to be indicated upon the official zoning map as approved by the town council. The official zoning map and subsequent amendments thereto shall be considered as a part of this chapter. (b)Interpretation. Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply: (1)Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines at right angles to such centerlines shall be construed to be such boundaries, as the case may be. (2)Where a district boundary is indicated to follow a river, a creek or branch or other body of water, such boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction; and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline. (3)If no distance, angle, curvature description or their means is given to determine a boundary line accurately and the provisions do not apply, such boundary line shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, a certified survey shall be required by a licensed surveyor. (Ord. of 6-26-2000, § 20-602)Sec. 74-273.?Classification of annexed territory.Any territory hereafter annexed shall automatically, upon such annexation, be classified as district R-1A and be subject to all conditions and regulations applicable to property in such district unless zoning districts have been determined prior to annexation. (Ord. of 6-26-2000, § 20-604)Secs. 74-274—74-290.?Reserved.DIVISION 2.?OPEN SPACE, DISTRICT O-1Sec. 74-291.?Statement of intent.The O-1 district is intended to provide for permanent open spaces in the community and to safeguard the health, safety and welfare of the people by limiting development in areas where extensive development would cause undue harm to other parts of the town through excessive erosion and drainage. Therefore, these areas are classified open space districts until such time as the hazards have been corrected. Public uses of an open nature are included in the O-1 district. (Ord. of 6-26-2000, § 20-700)Sec. 74-292.?Permitted uses.Within the O-1 district, the following uses are permitted: (1)Farming; however, no more than one acre can be tilled. (2)Parks. (3)Forest preserves and wildlife refuge. (4)Golf courses. (5)Watershed protection areas. (6)Camping and hiking trails; motorbikes will be prohibited on trails. (Ord. of 6-26-2000, § 20-701)Sec. 74-293.?Area regulations.There are no area regulations in the O-1 district. (Ord. of 6-26-2000, § 20-702)Sec. 74-294.?Setback regulations.No structures shall be built within 50 feet of a public right-of-way in the O-1 district. (Ord. of 6-26-2000, § 20-703)Sec. 74-295.?Frontage regulations.The minimum frontage for permitted uses in the O-1 district shall be 100 feet at the setback line. (Ord. of 6-26-2000, § 20-704)Sec. 74-296.?Yard regulations.There shall be required 50-foot minimum side and rear yards in the O-1 district. (Ord. of 6-26-2000, § 20-705)Sec. 74-297.?Height regulations.(a)Buildings or structures in the O-1 district shall be erected up to 35 feet in height. (b)Accessory buildings or structures. Accessory buildings or structures in the O-1 district may not exceed the height of 35 feet. (c)All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission. (Ord. of 6-26-2000, § 20-706; Ord. of 3-23-2009)Sec. 74-298.?Maximum lot coverage.The principal building and all accessory buildings in the O-1 district shall cover no more than five percent of the total area. (Ord. of 6-26-2000, § 20-707)Sec. 74-299.?Special provisions for corner lots.(a)Of the two sides of a corner lot in the O-1 district, the front shall be deemed to be the shorter of the two sides fronting on streets. (b)For corner lots in the O-1 district, the width of the side yard, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings. (Ord. of 6-26-2000, § 20-708)Sec. 74-300.?Off-street parking.Off-street parking in the O-1 district shall be in accordance with article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-709)Sec. 74-301.?Location of accessory structures.The location of accessory structures in the O-1 district shall be in accordance with article VII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-710)Secs. 74-302—74-320.?Reserved.DIVISION 3.?AGRICULTURE, DISTRICT A-5Sec. 74-321.?Statement of intent.The A-5 district is intended to preserve and enhance the character and resources of the portions of the town where agriculture and forest uses predominate, but which contains numerous nonfarm uses. The purpose of the A-5 district is to preserve agricultural, forestal and open space land and to allow other compatible uses within such agricultural area; defer urban development until the town council determines adequate public facilities and services can be provided at reasonable costs; and serve as a buffer to farming operations by providing living opportunities in a country environment while helping to minimize incompatibilities between farmland and urban or suburban uses, thus assisting in the long-term integrity of farm, forest and open-space uses. (Ord. of 6-26-2000, § 20-800)Sec. 74-322.?Permitted uses.Within the A-5 district, any agricultural use, including, but not limited to, dwellings, maintenance/storage buildings and other such uses necessary for the principal use, are permitted. (Ord. of 6-26-2000, § 20-801)Sec. 74-323.?Area regulations.All buildings and uses in the A-5 district, unless otherwise specified in this chapter, shall contain a minimum lot size of five acres. (Ord. of 6-26-2000, § 20-802)Sec. 74-324.?Setback regulations.The minimum depth of the front yard in the A-5 district shall be as follows: (1)Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street. (2)Collector street. Collector streets shall be 50 feet from the lot line adjacent to such street. (Ord. of 6-26-2000, § 20-803)Sec. 74-325.?Frontage regulations.The minimum lot width at the setback lines in the A-5 district shall be 250 feet. (Ord. of 6-26-2000, § 20-804)Sec. 74-326.?Yard regulations.(a)Side yard. The minimum side yard for each main structure in the A-5 district shall be 25 feet and the width of the two required side yards shall be 50 feet. (b)Rear yard. Each main structure in the A-5 district shall have a rear yard of 60 feet or more. (Ord. of 6-26-2000, § 20-805)Sec. 74-327.?Height regulations.(a)Dwelling units. Dwelling units in the A-5 district shall not exceed the height of 35 feet. (b)Accessory buildings or structures. Accessory buildings or structures in the A-5 district shall not exceed the height of 35 feet. There are no height regulations for accessory building or structures when the structure or building is directly related to silviculture, horticulture, or agricultural activities. (c)All structures or buildings shall be limited to a height regulation of subsections (a) and (b) unless approved by the town council upon recommendation from the planning commission. (Ord. of 6-26-2000, § 20-806; Ord. of 3-23-2009)Sec. 74-328.?Maximum lot coverage.The principal building and all accessory buildings in the A-5 district shall not cover more than five percent of the total area. (Ord. of 6-26-2000, § 20-807)Sec. 74-329.?Special provisions for corner lots.(a)Of the two sides of a corner lot in the A-5 district, the front shall be deemed to be the shorter of the two sides fronting on streets. (b)The width of the side yard in the A-5 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings. (Ord. of 6-26-2000, § 20-808)Sec. 74-330.?Off-street parking.Off-street parking in the A-5 district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-809)Sec. 74-331.?Location of accessory structures.There are no restrictions on the location of accessory structures in the A-5 district, except as otherwise provided. (Ord. of 6-26-2000, § 20-810)Secs. 74-332—74-350.?Reserved.DIVISION 4.?RESIDENTIAL ESTATES, DISTRICT R-1ASec. 74-351.?Statement of intent.The purpose of the R-1A district is to allow development of homes on marginal lands usually too steep to properly allow extensive residential development. The R-1A district enables development to take place in such a manner as to preserve the natural environment of the area while it also provides opportunities for residential living. (Ord. of 6-26-2000, § 20-900)Sec. 74-352.?Permitted uses.Within the R-1A district, the following uses are permitted: (1)Single-family dwellings. (2)Public parks. (3)Municipal, county, state or federal buildings or land uses. (4)Public utility stations, provided allot requirements of the district in which they are located are met. (5)Day care, family. (6)Day care, facility, with an appropriate state license and home occupation permit. (Ord. of 6-26-2000, § 20-901; Ord. of 10-10-2011(2))Sec. 74-353.?Area regulations.All buildings and uses in the R-1A district, unless otherwise specified in this chapter, shall have a minimum lot size of one acre. (Ord. of 6-26-2000, § 20-902)Sec. 74-354.?Setback regulations.The minimum depth of the front yard in the R-1A district shall be as follows: (1)Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street. (2)Collector street. Collector streets shall be 30 feet from the lot line adjacent to such street. (Ord. of 6-26-2000, § 20-903)Sec. 74-355.?Frontage regulations.The minimum lot width at the setback line in the R-1A district shall be 200 feet. (Ord. of 6-26-2000, § 20-904)Sec. 74-356.?Yard regulations.(a)Side yard. The minimum side yard for each principal structure in the R-1A district shall be a minimum of 30 feet on each side of the structure. An additional 15 feet is required for each additional story over one story. (b)Rear yard. The minimum depth of the rear yard in the R-1A district shall be 50 feet for each principal structure. (Ord. of 6-26-2000, § 20-905)Sec. 74-357.?Height regulations.(a)Principal buildings or structures. Principal buildings or structures in the R-1A district shall not exceed a height of 35 feet. (b)Accessory buildings or structures. Accessory buildings or structures in the R-1A district shall not exceed the height of 15 feet. (c)All structures or buildings shall be limited to a height of 35 feet and accessory buildings or structures to 15 feet unless approved by the town council upon recommendation from the planning commission. (Ord. of 6-26-2000, § 20-906; Ord. of 3-23-2009)Sec. 74-358.?Maximum lot coverage.The principal buildings and all necessary buildings in the R-1A district shall not cover more than 20 percent of the total lot area. (Ord. of 6-26-2000, § 20-907)Sec. 74-359.?Special provisions for corner lots.(a)Of the two sides of a corner lot in the R-1A district, the front shall be deemed to be the shorter of the two sides fronting on streets. (b)The width of the side yard in the R-1A district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings. (Ord. of 6-26-2000, § 20-908)Sec. 74-360.?Off-street parking.Off-street parking in the R-1A district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-909)Sec. 74-361.?Location of accessory structures.The location of accessory structures in the R-1A district shall be in accordance with article VII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-910)Secs. 74-362—74-380.?Reserved.DIVISION 5.?RESIDENTIAL LIMITED, DISTRICT R-1Sec. 74-381.?Statement of intent.The R-1 district is composed of low-density residential areas plus certain open areas where similar development appears likely to occur. The regulations for the R-1 district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life, and to prohibit all activities of a commercial nature. To these ends, development in the R-1 district is limited to relatively low concentration and permitted uses are limited basically to single-unit dwellings. Additional uses, such as schools, parks, churches and specific public facilities that serve the residents of the R-1 district, shall be permitted. No home occupations, including room renting, are permitted in the R-1 district. (Ord. of 6-26-2000, § 20-1000)Sec. 74-382.?Permitted uses.Within the R-1 district, the following uses are permitted: (1)Single-family dwellings. (2)Customary general farming, but not the raising of farm animals or poultry. (3)Schools. (4)Churches. (5)Parks and playgrounds provided they are unlighted and a planted buffer strip of trees and hedges is present. (6)Public utility stations, provided all lot area requirements of the district in which they are located are met. (7)Church bulletin boards and identification signs which are unlighted and are designed in such a manner as not to detract from adjacent residential homes. (8)Day care, family. (9)Day care, facility, with an appropriate state license and home occupation permit. (10)Computer/electronic-based home occupations as defined in article VII, division 10, of this chapter. (Ord. of 6-26-2000, § 20-1001; Ord. of 10-10-2011(3))Sec. 74-383.?Area regulations.All buildings and uses in the R-1 district, unless otherwise specified in this chapter, shall contain a minimum lot size of 12,000 square feet for each dwelling unit. (Ord. of 6-26-2000, § 20-1002)Sec. 74-384.?Setback regulations.The minimum depth of the front yard in the R-1 district shall be as follows: (1)Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street. (2)Collector street. Collector streets shall be 30 feet from the lot line adjacent to such street. (Ord. of 6-26-2000, § 20-1003)Sec. 74-385.?Frontage.The minimum lot width at the setback lines in the R-1 district shall be 100 feet. (Ord. of 6-26-2000, § 20-1004)Sec. 74-386.?Yard regulations.(a)Side yard. The minimum side yard for principal structures in the R-1 district shall be 15 feet, and the total width of the two required side yards shall be 35 feet or more. (b)Rear yard. Each principal structure in the R-1 district shall have a rear yard of 35 feet. (Ord. of 6-26-2000, § 20-1005)Sec. 74-387.?Height regulations.(a)Principal buildings or structures. Principal buildings or structures in the R-1 district shall not exceed the height of 35 feet. (b)Accessory buildings or structures. Accessory buildings or structures in the R-1 district shall not exceed the height of 15 feet. (c)All structures or buildings shall be limited to a height of 35 feet and accessory buildings or structures limited to a height of 15 feet unless approved by the town council upon recommendation from the planning commission. (Ord. of 6-26-2000, § 20-1006; Ord. of 3-23-2009)Sec. 74-388.?Maximum lot coverage.The principal building and all accessory buildings in the R-1 district shall not cover more than 40 percent of the total lot area. (Ord. of 6-26-2000, § 20-1007)Sec. 74-389.?Special provisions for corner lots.(a)Of the two sides of a corner lot in the R-1 district, the front shall be deemed to be the shorter of the two sides fronting on streets. (b)The width of the side yard in the R-1 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings. (Ord. of 6-26-2000, § 20-1008)Sec. 74-390.?Off-street parking.Off-street parking in the R-1 district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-1009)Sec. 74-391.?Location of accessory structures.The location of accessory structures in the R-1 district shall be in accordance with article VII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-1010)Secs. 74-392—74-410.?Reserved.DIVISION 6.?RESIDENTIAL LIMITED, DISTRICT R-2Sec. 74-411.?Statement of intent.The R-2 district is composed of certain medium concentration of residential uses. The regulations for the R-2 district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life. The R-2 district is not completely residential as it includes public and semipublic, institutional and other related uses. (Ord. of 6-26-2000, § 20-1100)Sec. 74-412.?Permitted uses.Within the R-2 district, the following uses are permitted: (1)All uses permitted in the R-1 district provided all other R-2 district requirements are observed. (2)Single-family dwellings. (3)Family homes, foster homes or group homes for the handicapped. (4)Schools. (5)Churches. (6)Hospitals. (7)Parks and playgrounds. (8)Day care, family. (9)Day care, facility, with an appropriate state license and home occupation permit. (10)Home occupations, as defined under article VII, division 10, of this chapter. (Ord. of 6-26-2000, § 20-1101; Ord. of 10-10-2011(4))Sec. 74-413.?Area regulations.All buildings and uses in the R-2 district, unless otherwise specified in this chapter, shall contain a minimum lot size of 7,500 square feet. (Ord. of 6-26-2000, § 20-1102)Sec. 74-414.?Setback regulations.The minimum depth of the front yard in the R-2 district shall be as follows: (1)Arterial street. Arterial streets shall be 50 feet from the lot line adjacent to such street. (2)Collector street. Collector streets shall be 30 feet from the lot line to such street. (Ord. of 6-26-2000, § 20-1103)Sec. 74-415.?Frontage.The minimum lot width at the setback lines in the R-2 district shall be 60 feet. (Ord. of 6-26-2000, § 20-1104)Sec. 74-416.?Yard regulations.(a)Side yard. The minimum side yard for each main structure in the R-2 district shall be ten feet, and the width of the two required side yards shall be 25 feet. (b)Rear yard. Each main structure in the R-2 district shall have a rear yard of 25 feet or more. (Ord. of 6-26-2000, § 20-1105)Sec. 74-417.?Height regulations.(a)Dwelling units. Dwelling units in the R-2 district shall not exceed the height of 35 feet. (b)Accessory buildings or structures. Accessory buildings or structures in the R-2 district shall not exceed the height of 15 feet. (c)All public or semipublic buildings. All public or semipublic buildings in the R-2 district shall not exceed the height of 60 feet, and side and rear yards shall be increased one foot for each foot in height over 35 feet. (d)All structures or buildings shall be limited to a height of 35 feet, accessory structures limited to a height of 15 feet, and all public or semipublic buildings limited to a height of 60 feet unless approved by the town council upon recommendation from the planning commission. (Ord. of 6-26-2000, § 20-1106; Ord. of 3-23-2009)Sec. 74-418.?Maximum lot coverage.The principal building and all accessory buildings in the R-2 district shall not cover more than 40 percent of the total area. (Ord. of 6-26-2000, § 20-1107)Sec. 74-419.?Special provisions for corner lots.(a)Of the two sides of a corner lot in the R-2 district, the front shall be deemed to be the shorter of the two sides fronting on streets. (b)The width of the side yard in the R-2 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings. (Ord. of 6-26-2000, § 20-1108)Sec. 74-420.?Off-street parking.Off-street parking in the R-2 district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-1109)Sec. 74-421.?Location of accessory structures.Location of accessory structures in the R-2 district shall be in accordance with article VII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-1110)Secs. 74-422—74-440.?Reserved.DIVISION 7.?MEDIUM TO HIGH DENSITY RESIDENTIAL, DISTRICT R-3Sec. 74-441.?Statement of intent.The regulations for the R-3 district are designed to establish and preserve medium density to high density residential districts, excluding uses which are not compatible with residential use but permitting certain nonresidential uses which are of particular convenience to the residents of the R-3 district. (Ord. of 3-26-2019(2))Sec. 74-442.?Permitted uses.Within the R-3 district, the following uses are permitted: (1)All residential uses permitted in R-1 and R-2 districts provided all other R-3 district requirements are observed. (2)Multifamily dwellings. (3)Rooming houses and boardinghouses. (4)Tourist homes. (5)Rest homes. (Ord. of 3-26-2019(2))Sec. 74-443.?Area regulations.All buildings and uses in the R-3 district, unless otherwise specified in this chapter, shall comply with the following: (1)Minimum lot size. There shall be a minimum lot size of 7,500 square feet. (2)Density requirements. There shall be 7,500 square feet for the first unit, and 2,500 square feet for each additional unit. (Ord. of 3-26-2019(2))Sec. 74-444.?Setback regulations.The minimum depth of the front yard in the R-3 district shall be as follows: (1)Arterial street. Arterial streets shall be setback 40 feet from the lot line adjacent to such street. (2)Collector street. Collector streets shall be setback 30 feet from the lot line to such street. The zoning administrator shall have the right to require more stringent setbacks so that all new structures are constructed to meet the existing neighborhood's setbacks. (Ord. of 3-26-2019(2))Sec. 74-445.?Frontage.The minimum lot width at the setback lines in the R-3 district shall be 50 feet. (Ord. of 3-26-2019(2))Sec. 74-446.?Yard regulations.(a)Side yard. The minimum total depth of the two side yards in the R-3 district shall be 16 feet for the first story and ten feet for each additional story. At least one-third of the total depth shall be provided on the smaller side. (b)Rear yard. Each principal building in the R-3 district shall have a rear yard with a minimum of 25 feet. (Ord. of 3-26-2019(2))Sec. 74-447.?Height regulations.All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission. (Ord. of 3-26-2019(2))Sec. 74-448.?Maximum lot coverage.The principal building and all accessory buildings in the R-3 district shall not cover more than 35 percent of the total lot area. (Ord. of 3-26-2019(2))Sec. 74-449.?Special provisions for corner lots.(a)Of the two sides of a corner lot in the R-3 district, the front shall be deemed to be the shorter of the two sides fronting on streets. (b)The width of the side yard in the R-3 district, on the side facing the side street, shall be the greater of the two required side yards for both main and accessory buildings. (Ord. of 3-26-2019(2))Sec. 74-450.?Off-street parking.Off-street parking in the R-3 district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 3-26-2019(2))Sec. 74-451.?Location of accessory structures.Location of accessory structures in the R-3 district shall be in accordance with article VII, division 2, of this chapter. (Ord. of 3-26-2019(2))Sec. 74-452.?Special provisions and allowances.(a)Special allowances.(1)The town council shall have the authority to grant special allowances as deemed necessary after recommendation of the planning commission and that are listed within this provision. These special allowances will only be authorized after maps, plans, and/or all other specifications have been presented and adjacent property owners are notified by first class mail. The applicant will be responsible for all fees involved in the notice to the public or adjacent landowners. (2)Special uses: a.Clubs and lodges. b.Professional offices. c.Finance companies and insurance agents. d.Clinics. e.Barbershops and beauty parlors. f.Banks. g.Day care centers. h.Any nonresidential uses listed in the R-1 and R-2 districts. (b)Day care centers.(1)Day care centers in the R-3 district shall be located on collector or arterial streets or other streets that have a minimum right-of-way of 50 feet and which are not located on a cul-de-sac. Pavement width should be at least 25 feet. (2)The building of day care centers in the R-3 district shall not be placed less than 25 feet from side property lines or less than 50 feet from rear property lines. (3)No parking is allowed in the front yard of day care centers in the R-3 district. (4)For day care centers in the R-3 district, the loading and unloading of children is conducted in such a manner as to provide an entrance to and separate exit from the property without backing into the street. (c)Open space. If there are more than six units per net acre in the R-3 district, ten percent of the total lot area is to be set aside for recreational activities. Property owners will be required to landscape and maintain such areas. (d)Inclusion in plat approval process. Such special allowances provided for in this section may be included in any plat approval process for the subdivision of real estate located in an R-3 district. (Ord. of 3-26-2019(2))Secs. 74-453—74-470.?Reserved.DIVISION 8.?RESIDENTIAL LIMITED WITH MOBILE HOMES, DISTRICT R-4Sec. 74-471.?Permitted uses.The R-4 district shall have the same permitted uses, limitations and regulations as provided for the R-2 district with the additional provision that manufactured housing, singlewide trailers, doublewide trailers, and other such single-family dwellings may be located in this district so long as they comply with all of the other provisions found with regard to single-family dwellings located in the R-2 district. (Ord. of 6-26-2000, § 20-1300)Secs. 74-472—74-490.?Reserved.DIVISION 9.?LIMITED BUSINESS, DISTRICT B-1Sec. 74-491.?Statement of intent.The primary purpose of the B-1 district is to establish and protect a business district that will serve the surrounding residential districts. Traffic and parking congestion in the B-1 district is to be held to a minimum to protect and preserve property values in the surrounding residential districts. (Ord. of 6-26-2000, § 20-1400)Sec. 74-492.?Permitted uses.Within the B-1 district, the following uses are permitted. (1)Convenience business-type activity, subject to the approval of the planning commission and the town council. (2)Signs advertising a use conducted on the premises. (3)Day care, family. (4)Day care, facility, with an appropriate state license and home occupation permit. (5)Day care, group, with an appropriate state license and home occupation permit. (6)Off-street parking as provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-1401; Ord. of 10-10-2011(6))Sec. 74-493.?Area regulations.There are no area regulations in the B-1 district. (Ord. of 6-26-2000, § 20-1402)Sec. 74-494.?Setback regulations.(a)Generally. The minimum front setback in the B-1 district shall be as follows: (1)Streets greater than 50 feet in width. For streets greater than 50 feet in width, there shall be a front setback of 35 feet from the lot line adjacent to such street. (2)Streets less than 50 feet in width. For streets less than 50 feet in width, there shall be a front setback of 30 feet from the lot line adjacent to such street. (b)Exemption. Signs advertising sale or rent of premises in the B-1 district may be erected up to the property line. (Ord. of 6-26-2000, § 20-1403)Sec. 74-495.?Frontage regulations.There are no frontage regulations in the B-1 district. (Ord. of 6-26-2000, § 20-1404)Sec. 74-496.?Yard regulations.(a)Side yard. For permitted uses in the B-1 district, the minimum side yard adjoining or adjacent to a residential or open space district shall be ten feet or more. (b)Rear yard. The minimum depth of the rear yard in the B-1 district shall be 25 feet. (Ord. of 6-26-2000, § 20-1405)Sec. 74-497.?Height regulations.(a)Principal buildings. All principal buildings in the B-1 district shall comply with the height requirements of the most restrictive adjoining residential district. (b)Accessory buildings. No accessory building in the B-1 district which is within ten feet of any lot line shall be more than one story in height. All accessory buildings in the B-1 district shall be less than the main building height. (Ord. of 6-26-2000, § 20-1406)Sec. 74-498.?Maximum lot coverage.The principal building and all accessory buildings in the B-1 district shall not cover more than 40 percent of the total lot area. (Ord. of 6-26-2000, § 20-1407)Sec. 74-499.?Special provisions for corner lots.There are no special provisions for corner lots in the B-1 district. (Ord. of 6-26-2000, § 20-1408)Sec. 74-500.?Off-street parking.Off-street parking and parking lots in the B-1 district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-1409)Sec. 74-501.?Location of accessory structures.(a)Generally. In the B-1 district, any accessory building or use customarily incidental to the uses permitted in sections 74-492 and 74-502 shall be permitted. (b)Location. The location of accessory structures in the B-1 district shall be in accordance with article VII, division 2, of this chapter and subsection 74-497(b). (Ord. of 6-26-2000, § 20-1410)Sec. 74-502.?Residential units.Residential units are permitted in the B-1 district but must conform to the requirements of the most restrictive adjoining residential district. (Ord. of 6-26-2000, § 20-1411)Secs. 74-503—74-520.?Reserved.DIVISION 10.?GENERAL BUSINESS, DISTRICT B-2Sec. 74-521.?Statement of intent.The intent of the B-2 district is to provide for business areas which serve the entire town and surrounding area. The B-2 district is intended for those uses which require a central location and which businesses and services are to be used by the entire community and surrounding area. Generally, the B-2 district covers that portion of the community intended for the conduct of general business to which the public requires direct frequent access. (Ord. of 6-26-2000, § 20-1500)Sec. 74-522.?Permitted uses.Within the B-2 district, the following uses are permitted: (1)Stores and shops conducting retail business. (2)Personal, business and professional services. (3)Offices, hotels, motels and restaurants. (4)Auto sales and service. (5)Funeral homes, clubs, and lodges. (6)Churches, assembly halls. (7)Nursing home. (8)Full service and self-service carwashes. (9)Fueling stations. (10)Apartments over business with three apartments or less. (11)Day care, group with appropriate state license and a recommendation from planning commission and approval from town council. (Ord. of 6-26-2000, § 20-1501; Ord. of 7-23-2007; Ord. of 10-10-2011(7))Sec. 74-523.?Area regulations.There are no area regulations in the B-2 district. (Ord. of 6-26-2000, § 20-1502)Sec. 74-524.?Setback regulations.(a)Generally. The minimum front setback in the B-2 district shall be as follows: (1)Streets greater than 50 feet in width. For streets greater than 50 feet in width, there shall be a minimum front setback of ten feet from the lot line adjacent to such street. (2)Streets less than 50 feet in width. For streets less than 50 feet in width, there shall be a minimum front setback of five feet from the lot line adjacent to such street. (b)Exemption. Signs advertising sale or rent of premises in the B-2 district may be erected up to the property line. (Ord. of 6-26-2000, § 20-1503)Sec. 74-525.?Frontage regulations.There are no frontage regulations in the B-2 district. (Ord. of 6-26-2000, § 20-1504)Sec. 74-526.?Yard regulations.(a)Side yard. For permitted uses in the B-2 district, the minimum side yard adjoining or adjacent to a residential or open space district shall be ten feet or more. (b)Rear yard. There are no rear yard regulations in the B-2 district. (Ord. of 6-26-2000, § 20-1505)Sec. 74-527.?Height regulations.(a)Principal buildings or structures. Principal buildings or structures in the B-2 district shall not exceed the height of 35 feet. (b)Accessory buildings or structures. Accessory buildings or structures in the B-2 district shall not exceed the height of 35 feet. (c)All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission. (Ord. of 6-26-2000, § 20-1506; Ord. of 3-23-2009)Sec. 74-528.?Maximum lot coverage.There are no maximum lot coverage regulations in the B-2 district. (Ord. of 6-26-2000, § 20-1507)Sec. 74-529.?Special provisions for corner lots.There are no special provisions for corner lots in the B-2 district. (Ord. of 6-26-2000, § 20-1508)Sec. 74-530.?Off-street parking.Off-street parking and parking lots in the B-2 district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-1509)Sec. 74-531.?Location of accessory structures.There are no accessory structure regulations in the B-2 district. (Ord. of 6-26-2000, § 20-1510)Secs. 74-532—74-550.?Reserved.DIVISION 11.?INTERMEDIATE BUSINESS, DISTRICT B-3Sec. 74-551.?Statement of intent.The B-3 district provides an area or place for business which does not require a central business location and which is not suitable to be located in the B-1 district. The B-3 district is intended to have more open space between and around buildings than is desirable in the B-2 district. (Ord. of 6-26-2000, § 20-1600)Sec. 74-552.?Permitted uses.Within the B-3 district, the following uses are permitted: (1)Any uses permitted in the B-2 district. (2)Animal clinics without outside kennels. (3)Clinics. (4)Drive-in restaurants. (5)Drive-in theaters. (6)Funeral homes. (7)Motels. (8)Used car lots. (Ord. of 6-26-2000, § 20-1601)Sec. 74-553.?Area regulations.There are no area regulations in the B-3 district. (Ord. of 6-26-2000, § 20-1602)Sec. 74-554.?Setback regulations.(a)Generally. The minimum front setback in the B-3 district shall be as follows: (1)Streets greater than 50 feet in width. For streets greater than 50 feet in width, there shall be a minimum front setback of 35 feet from the lot line adjacent to such street. (2)Streets less than 50 feet in width. For streets less than 50 feet in width, there shall be a minimum front setback of 30 feet from the lot line adjacent to such street. (b)Exemption. Signs advertising sale or rent of premises in the B-3 district may be erected up to the property line. (Ord. of 6-26-2000, § 20-1603)Sec. 74-555.?Frontage regulations.There are no frontage regulations in the B-3 district. (Ord. of 6-26-2000, § 20-1604)Sec. 74-556.?Yard regulations.(a)Side yard. For permitted uses in the B-3 district, the minimum side yard adjoining or adjacent to a residential or open space district shall be ten feet or more. (b)Rear yard. The minimum depth of the rear yard in the B-3 district shall be 25 feet. (Ord. of 6-26-2000, § 20-1605)Sec. 74-557.?Height regulations.(a)Principal buildings or structures. Principal buildings or structures in the B-3 district shall not exceed the height of 35 feet. (b)Accessory buildings or structures. Accessory buildings or structures in the B-3 district shall not exceed the height of 35 feet. (c)All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission. (Ord. of 6-26-2000, § 20-1606; Ord. of 3-23-2009)Sec. 74-558.?Maximum lot coverage.The principal building and all accessory buildings in the B-3 district shall not cover more than 60 percent of the total lot area. (Ord. of 6-26-2000, § 20-1607)Sec. 74-559.?Special provisions for corner lots.There are no special provisions for corner lots in the B-3 district. (Ord. of 6-26-2000, § 20-1608)Sec. 74-560.?Off-street parking.Off-street parking and parking lots in the B-3 district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-1609)Sec. 74-561.?Accessory buildings.(a)Generally. In the B-3 district, any accessory building or use customarily incidental to the uses permitted in sections 74-552 and 74-562 shall be permitted. (b)Location. Location of accessory structures in the B-3 district shall be in accordance with article VII, division 2, of this chapter and subsection 74-417(b). (Ord. of 6-26-2000, § 20-1610)Sec. 74-562.?Residential units.Residential units are permitted in the B-3 district but must conform to the requirements of the most restrictive adjacent or adjoining residential district. (Ord. of 6-26-2000, § 20-1611)Secs. 74-563—74-580.?Reserved.DIVISION 12.?SHOPPING CENTER, DISTRICT SC-1Sec. 74-581.?Statement of intent.The primary intent of the SC-1 district is to establish commercial areas which would be attractive for a wide range of retail uses and places of amusement, designed in such a manner as to accommodate a high volume of traffic in a safe and conducive manner. (Ord. of 6-26-2000, § 20-1700; Ord. of 5-29-2001, § 20-1700)Sec. 74-582.?"Shopping center" defined.A shopping center is defined as a group of commercial establishments planned, developed, owned or managed as a unit, with off-street parking provided on the property; however, this will not apply to areas of less than one acre. (Ord. of 6-26-2000, § 20-1701; Ord. of 5-29-2001, § 20-1701)Cross reference(s)—Definitions generally, § 1-2. Sec. 74-583.?Permitted uses.A building in the SC-1 district may be used only for the following purposes: (1)Stores and shops conducting retail business. (2)Personal, business and professional services. (3)Offices, hotels, motels and restaurants. (4)Amusements and recreation. (5)Itinerant sales or business unless approved by the town council on the recommendation of the planning commission. (6)Such other uses specifically approved by the town council on recommendation of the planning commission. (Ord. of 6-26-2000, § 20-1702; Ord. of 5-29-2001, § 20-1702; Ord. of 8-28-2012(1))Sec. 74-584.?Minimum standards.Minimum standards in the SC-1 district shall be as follows: (1)The aggregate of all buildings proposed shall not exceed 30 percent of the entire lot area of the project. (2)No building shall be set back less than 60 feet from any public street bounding the project area. (3)There shall be one parking space for each 200 square feet of total floor space. (4)Any part of the project not used for buildings or other structures, parking, loading and accessways shall be landscaped with grass, trees, shrubs or pedestrian walkways. (5)The streets, parking areas and walks shall be paved with hard surface materials meeting specifications approved by the town. (6)The design guidelines for large retail establishments as outlined in article VII, division 8, of this chapter. (Ord. of 6-26-2000, § 20-1703; Ord. of 5-29-2001, § 20-1703)Sec. 74-585.?Application and general purposes.(a)Application. The owner or lessee of any tract of land zoned SC-1 shall, prior to any development, submit to the planning commission for study and recommendation a preliminary site plan for the use and development of any tract for the purposes set forth in this division. (b)Preliminary plan. The preliminary site plan submitted for the SC-1 district shall show all roads and drainage, existing and proposed drives and parking areas, buildings lines enclosing the portion of the tract within which buildings are to be erected, boundaries of tracts, and proposed use of land and buildings. The surrounding street system and existing land usage shall be shown. Plans may also be submitted showing profiles of proposed sanitary sewers and stormwater sewers, with grades, sizes and elevations indicated; proposed water distribution system, showing pipe size and location of valves and fire hydrants; and complete grading plans. (c)Limitations. Before recommending the approval of a plan within the SC-1 district, the planning commission may make reasonable additional requirements concerning, but not limited to, the limitation of uses, landscaping, lighting, signs and advertising devices, screening and planting, setback and height of buildings, paving, access ways, and other matters taking into consideration the character of the surrounding area so as to protect adjoining property, and to provide for public safety and prevent traffic congestion. (d)Commission recommendation. Within 60 days after application for preliminary plan review has been submitted, the planning commission shall make a written recommendation to the town council approving, conditionally approving or disapproving the plan. (e)Council review. The town council may review the preliminary site plan and may make reasonable additional requirements as listed in subsection (c) of this section. (Ord. of 6-26-2000, § 20-1704; Ord. of 5-29-2001, § 20-1704)Sec. 74-586.?Site plan.(a)Submittal. A site plan embodying all additional requirements imposed by the planning commission and the town council, if any, shall be prepared and submitted by the applicant to the planning commission. This plan, to be known as the site plan and shall show, in addition to the requirements set forth in section 74-585, the boundaries of the entire tract and a certification by a licensed land surveyor or professional engineer that the boundaries have been surveyed and are correct. (b)Commission recommendation. Within 60 days after submittal of the site plan, the planning commission shall make a written recommendation to town council approving, conditionally approving or disapproving the plan. (c)Council approval. After approval by the town council, the plan shall be placed on record with the town zoning administrator. (d)Expiration. An approved site plan in the SC-1 district shall expire three years after approval by the town council, unless an extension of time is specifically allowed by the town council. (Ord. of 6-26-2000, § 20-1705; Ord. of 5-29-2001, § 20-1705)Secs. 74-587—74-610.?Reserved.DIVISION 13.?SHOPPING CENTER OUT PARCELS, DISTRICT SC-OPSec. 74-611.?Statement of intent.The primary intent of the SC-OP district is to establish commercial areas in a small scale which would be attractive for a wide range of retail uses, places of amusement, and restaurants, designed in such a manner as to accommodate a high volume of traffic in a safe and conductive manner. (Ord. of 6-26-2000, § 20-1750; Ord. of 5-29-2001, § 20-1750)Sec. 74-612.?Permitted uses.A building in the SC-OP district may be used only for the following purposes: (1)Stores and shops conducting retail business. (2)Personal, business and professional services. (3)Offices, hotels, motels and restaurants. (4)Amusement and recreation. (5)Itinerant sales or business unless approved by the town council on the recommendation of the planning commission. (6)Such other uses specifically approved by the town council on recommendation of the planning commission. (Ord. of 6-26-2000, § 20-1751; Ord. of 5-29-2001, § 20-1751; Ord. of 8-28-2012(2))Sec. 74-613.?Minimum standards.Minimum standards in the SC-OP district shall be as follows: (1)The aggregate of all buildings proposed shall not exceed 50 percent of the entire lot area of the project. (2)No building shall be set back less than 30 feet from any public street bounding the project area. (3)There shall be one parking space for each 200 square feet of total floor space. (4)Any part of the project not used for buildings or other structures, parking, loading and access ways shall be landscaped with grass, trees, shrubs or pedestrian walkways. (5)The streets, parking areas and walks shall be paved with hard surface materials meeting specifications approved by the town. (6)The design guidelines for large retail establishments as outlined in article VII, division 8, of this chapter. (Ord. of 6-26-2000, § 20-1752; Ord. of 5-29-2001, § 20-1752; Ord. of 9-10-2001, § 20-1752)Sec. 74-614.?Application and general purposes.(a)Application. The owner or lessee of any tract of land zoned SC-OP shall, prior to any development, submit to the planning commission for study and recommendation a preliminary site plan for the use and development of any tract for the purposes set forth in this division. (b)Preliminary plan. The preliminary site plan submitted in a SC-OP district shall show all roads and drainage, existing and proposed drives and parking areas, buildings lines enclosing the portion of the tract within which buildings are to be erected, boundaries of tracts, and proposed use of land and buildings. The surrounding street system and existing land usage shall be shown. Plans may also be submitted showing profiles of proposed sanitary sewers and stormwater sewers, with grades, sizes and elevations indicated; proposed water distribution system, showing pipe size and location of valves and fire hydrants; and complete grading plans. (c)Limitations. Before recommending the approval of a plan within the shopping center out parcel district, the planning commission may make reasonable additional requirements concerning, but not limited to, the limitation of uses, landscaping, lighting, signs and advertising devices, screening and planting, setback and height of buildings, paving, access ways, and other matters taking into consideration the character of the surrounding area so as to protect adjoining property, and to provide for public safety and prevent traffic congestion. (d)Commission recommendation. Within 60 days after application for preliminary plan review within the shopping center out parcel district has been submitted, the planning commission shall make a written recommendation to the town council approving, conditionally approving or disapproving the plan. (e)Council review. The town council may review the preliminary site plan within the SC-OP district and may make reasonable additional requirements as listed in subsection (c) of this section. (Ord. of 6-26-2000, § 20-1753; Ord. of 5-29-2001, § 20-1753)Sec. 74-615.?Site plan.(a)Submittal. Within the SC-OP district, a site plan embodying all additional requirements imposed by the planning commission and the town council, if any, shall be prepared and submitted by the applicant to the planning commission. This plan, to be known as the site plan shall show, in addition to the requirements set forth in section 74-614, the boundaries of the entire tract and a certification by a licensed land surveyor that the boundaries have been surveyed and are correct. (b)Commission recommendation. Within 60 days after submittal of the site plan for areas within the SC-OP district, the planning commission shall make a written recommendation to town council approving, conditionally approving or disapproving the plan. (c)Council approval. After approval by the town council, the plan shall be placed on record with the town zoning administrator. (d)Expiration. An approved site plan within the SC-OP district shall expire three years after approval by the town council, unless an extension of time is specifically allowed by the town council. (Ord. of 6-26-2000, § 20-1754; Ord. of 5-29-2001, § 20-1754)Secs. 74-616—74-640.?Reserved.DIVISION 14.?LIGHT INDUSTRIES, DISTRICT M-1Sec. 74-641.?Statement of intent.The primary reason of the M-1 district is to establish and preserve areas of industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses. (Ord. of 6-26-2000, § 20-1800)Sec. 74-642.?Permitted uses.Within the M-1 district, the following uses are permitted: (1)Bottling works. (2)Building materials yard. (3)Contractor's storage yard. (4)Cabinetmaking. (5)Any manufacturing process which does not cause injurious or obnoxious noise vibrations, smoke, gas, fumes, odors, dust, fire hazards or other objectionable conditions. (6)Warehouses and storage facilities, excluding flammable fuels. (7)Truck terminals. (8)Dry cleaning and laundry establishments. (9)Printing and engraving. (Ord. of 6-26-2000, § 20-1801)Sec. 74-643.?Area regulations.There are no area regulations in the M-1 district. (Ord. of 6-26-2000, § 20-1802)Sec. 74-644.?Setback regulations.The minimum front setback in the M-1 district shall be as follows: (1)Arterial street. For arterial streets, there shall be a minimum front setback of 35 feet from the lot line adjacent to such street. (2)Collector street. For collector streets, there shall be a minimum front setback of 25 feet from the lot line adjacent to such street. (Ord. of 6-26-2000, § 20-1803)Sec. 74-645.?Frontage regulations.There are no frontage regulations in the M-1 district. (Ord. of 6-26-2000, § 20-1804)Sec. 74-646.?Yard regulations.(a)Side yard. The side yard for each principal structure in the M-1 district shall be a minimum of 30 feet on each side of the structure. (b)Rear yard. The rear yard for each principal structure in the M-1 district shall be a minimum of 20 feet. Where the rear yard in the M-1 district is adjacent to residential zones, a minimum rear yard of 40 feet is required. In the case of a railroad right-of-way in the M-1 district, there will be no setback requirements if rail service is needed. (Ord. of 6-26-2000, § 20-1805)Sec. 74-647.?Height regulations.(a)Principal buildings or structures. Principal buildings or structures in the M-1 district shall not exceed the height of 35 feet. (b)Accessory buildings or structures. Accessory buildings or structures in the M-1 district shall not exceed the height of 35 feet. (c)All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission. (Ord. of 6-26-2000, § 20-1806; Ord. of 3-23-2009)Sec. 74-648.?Maximum lot coverage.The principal building and all accessory buildings in the M-1 district shall not cover more than 50 percent of the total lot area. (Ord. of 6-26-2000, § 20-1807)Sec. 74-649.?Special provisions for corner lots.There are no special provisions for corner lots in the M-1 district. (Ord. of 6-26-2000, § 20-1808)Sec. 74-650.?Off-street parking.Off-street parking and parking lots in the M-1 district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-1809)Sec. 74-651.?Location of accessory structures.There are no accessory structure regulations in the M-1 district. (Ord. of 6-26-2000, § 20-1810)Sec. 74-652.?Special provisions.Before a certificate of occupancy is granted to any industrial building within the M-1 district that is adjacent to a residential district, a planted buffer strip must be provided along all property lines which adjoin a residential district. (Ord. of 6-26-2000, § 20-1811)Secs. 74-653—74-670.?Reserved.DIVISION 15.?HEAVY INDUSTRIES, DISTRICT M-2Sec. 74-671.?Statement of intent.The primary reason of the M-2 district is to establish and preserve areas of necessary industrial and related uses of such a nature that they require isolation from many other kinds of land uses. (Ord. of 6-26-2000, § 20-1900)Sec. 74-672.?Permitted uses.(a)Within the M-2 district, the following uses are permitted: (1)Boiler and tank works. (2)Brick, block, tile or pottery manufacturer. (3)Cement plants or related industries. (4)Chemical manufacturer and processing. (5)Dye plants. (6)Foundries. (7)Canning and packaging. (8)Furniture manufacturer. (9)Synthetic material manufacturer. (10)Machinery manufacturer. (11)Metal fabricating plants. (12)Quarries. (13)Warehousing and storage tanks provided no storage tank shall be closer than 200 feet to any property lines, other than a property line abutting a railroad right-of-way line. (14)Stockyards and slaughterhouses. (15)Truck terminals. (16)Coal yards. (b)Any other industry must have special permission from the planning commission and the town council. (Ord. of 6-26-2000, § 20-1901)Sec. 74-673.?Area regulations.There are no area regulations in the M-2 district. (Ord. of 6-26-2000, § 20-1902)Sec. 74-674.?Setback regulations.The minimum front setback in the M-2 district shall be as follows: (1)Arterial street. For arterial streets, the minimum front setback shall be 50 feet from the lot line adjacent to such street. (2)Collector street. For collector streets, the minimum front setback shall be 40 feet from the lot line adjacent to such street. (Ord. of 6-26-2000, § 20-1903)Sec. 74-675.?Frontage regulations.There are not frontage regulations in the M-2 district. (Ord. of 6-26-2000, § 20-1904)Sec. 74-676.?Yard regulations.(a)Side yard. The side yard for each principal structure in the M-2 district shall be a minimum of 30 feet on each side of the structure. (b)Rear yard. The rear yard for each principal structure in the M-2 district shall be a minimum of 40 feet, except where adjacent to a railroad right-of-way, in which case there shall be no setback if such is needed to obtain desirable rail service. (Ord. of 6-26-2000, § 20-1905)Sec. 74-677.?Height regulations.(a)Principal buildings or structures. Principal buildings or structures in the M-2 district shall not exceed the height of 35 feet. (b)Accessory buildings or structures. Accessory buildings or structures in the M-2 district shall not exceed the height of 35 feet. (c)All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission. (Ord. of 6-26-2000, § 20-1906; Ord. of 3-23-2009)Sec. 74-678.?Maximum lot coverage.The principal building and all accessory buildings in the M-2 district shall not cover more than 50 percent of the total lot area. (Ord. of 6-26-2000, § 20-1907)Sec. 74-679.?Special provisions for corner lots.There are no special provisions for corner lots in the M-2 district. (Ord. of 6-26-2000, § 20-1908)Sec. 74-680.?Off-street parking.Off-street parking and parking lots in the M-2 district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-1909)Sec. 74-681.?Location of accessory structures.There are no accessory structure regulations in the M-2 district. (Ord. of 6-26-2000, § 20-1910)Sec. 74-682.?Special provisions.Before a certificate of occupancy is granted to any industrial building within the M-2 district that is adjacent to a residential district, a planted buffer strip must be provided along all property lines which adjoin a residential district. (Ord. of 6-26-2000, § 20-1911)Secs. 74-683—74-700.?Reserved.DIVISION 16.?MANUFACTURED HOUSING SUBDIVISION, DISTRICT MHSSec. 74-701.?General.The location of a manufactured housing subdivision shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit issued by the town council upon recommendation from the planning commission. Operators of manufactured housing subdivisions shall comply with the provisions in this division. (Ord. of 6-26-2000, § 20-2000)Sec. 74-702.?Area requirements.For each manufactured home space in the MHS district, within a subdivision having a central water and sewer system, and designed to accommodate one manufactured home, there shall be provided 3,000 square feet of area or more, which shall front on an internal street, road or right-of-way. (Ord. of 6-26-2000, § 20-2001)Sec. 74-703.?Width.Each manufactured home space in the MHS district shall have a minimum width of 40 feet. (Ord. of 6-26-2000, § 20-2002)Sec. 74-704.?Distance between manufactured homes.Parking spaces for manufactured homes in the MHS district shall be arranged so as to provide a distance of 15 feet or more between individual units, but in no case closes than five feet to the individual lot line of the mobile home space. (Ord. of 6-26-2000, § 20-2003)Sec. 74-705.?Sanitary facilities.Each manufactured home space in the MHS district shall be provided with individual water and sewer connections to a public system. (Ord. of 6-26-2000, § 20-2004)Sec. 74-706.?Electrical connections.Each manufactured home space in the MHS district shall be provided with electrical outlets installed in accordance with the building code. (Ord. of 6-26-2000, § 20-2005)Sec. 74-707.?Drainage and cleanliness.All plots of ground in a manufactured home subdivision shall be well-drained and kept in a clean and orderly manner by the owner or operator thereof. (Ord. of 6-26-2000, § 20-2006)Sec. 74-708.?Restrictions.No manufactured home in the MHS district shall be located on any tract, parcel or lot in the town, except in a manufactured housing subdivision or other area specifically designated for manufactured homes. (Ord. of 6-26-2000, § 20-2007)Sec. 74-709.?Off-street parking.Off-street parking in the MHS district shall be provided by all uses as required in article VIII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-2008)Sec. 74-710.?Location of accessory structures.Location of accessory structures in the MHS district shall be in accordance with article VII, division 2, of this chapter. (Ord. of 6-26-2000, § 20-2009)Secs. 74-711—74-719.?Reserved.DIVISION 17.?EDUCATIONAL INSTITUTIONS, DISTRICT E-1Sec. 74-720.?Statement of intent.The regulations for the E-1 district are designed to establish and preserve the unique character of the variety of different uses that occur on the property of educational institutions. (Ord. of 3-4-2019(1))Sec. 74-721.?Permitted uses.Within the E-1 district, the following uses are permitted: (1)Administrative offices related to the educational institution. (2)Professional services. (3)Single-family dwellings. (4)Multi-family dwellings. (5)Rooming houses, boardinghouses, and dormitories. (6)Stadiums, gymnasiums, and recreational fields. (7)Such other uses specifically approved by the town council on recommendation of the planning commission. (Ord. of 3-4-2019(1))Sec. 74-722.?Area regulations.There is no minimum lot size for the E-1 district due to the variety of buildings that may be located upon a property or campus. (Ord. of 3-4-2019(1))Sec. 74-723.?Setback regulations.The minimum depth for the front yard in the E-1 district shall be as follows: (1)Arterial street. Arterial streets shall be setback 40 feet from the lot line adjacent to such street. (2)Collector street. Collector streets shall be setback 30 feet from the lot line to such street. The zoning administrator shall have the right to require more stringent setbacks so that all new structures are constructed to meet the existing neighborhood's setbacks. (Ord. of 3-4-2019(1))Sec. 74-724.?Frontage.There is no minimum frontage for the E-1 district due to the variety of buildings that may be located upon a property or campus. (Ord. of 3-4-2019(1))Sec. 74-725.?Yard regulations.(a)Side yard. No building in the E-1 district shall be located less than 15 feet from any adjoining property. (b)Rear yard. Each principal building in the E-1 district shall have a rear yard with a minimum of 25 feet. (Ord. of 3-4-2019(1))Sec. 74-726.?Height regulations.All structures or buildings shall be limited to a height of 35 feet unless approved by the town council upon recommendation from the planning commission. (Ord. of 3-4-2019(1))Sec. 74-727.?Maximum lot coverage.There is no maximum lot coverage for the E-1 district due to the variety of buildings that may be located upon a property or campus. (Ord. of 3-4-2019(1))Sec. 74-728.?Off-street parking.Off-street parking in the E-1 district shall be approved by town council upon recommendation of the planning commission based upon the requested use and demand for parking that will be created with the new use. (Ord. of 3-4-2019(1))Secs. 74-729—74-740.?Reserved.ARTICLE VI.?FLOODPLAIN DISTRICTSec. 74-741.?General provisions.(a)Title. This article shall be known as the floodplain management ordinance and shall be permitted to be cited as such and may be referred to as "this article" or the floodplain district regulations. (b)Purpose. The ordinance from which this section was derived is adopted pursuant to the authority granted to localities by Code of Virginia, § 15.2-2280. The purpose of this article is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: (1)Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies. (2)Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding. (3)Requiring all those uses, activities, and developments that do occur in floodprone districts to be protected and/or floodproofed against flooding and flood damage. (4)Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. (c)Applicability. This article shall apply to all lands within the jurisdiction of the town and identified as being in the 100-year floodplain by the Federal Insurance Administration or being floodprone as stipulated in this article. (d)Compliance. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article. (e)Abrogation and greater restrictions. This article supersedes any ordinance currently in effect in floodprone areas. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive. (f)Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this article. The remaining portions of this article shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable. (Ord. of 6-26-2000, § 20-2200; Ord. of 1-10-2011)Sec. 74-742.?Municipal liability.(a)Degree of protection. The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the floodplain area, or that land uses permitted within such area will be free from flooding or flood damages. (b)Flood data. The town shall obtain, review and reasonably utilize any base flood elevation and floodway data available from any federal, state or other source as criteria for requiring that new construction, substantial improvement or other development in a floodplain district meets the requirements of this chapter. (c)Liability. This article shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made under this article. (Ord. of 6-26-2000, § 20-2202)Sec. 74-743.?Definitions.The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Base flood/100-year flood means a flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE) means the Federal Emergency Management Agency designated 100-year water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community's flood insurance rate map. For the purposes of the ordinance from which this section was derived, the 100-year flood or one percent annual chance flood. Basement means any area of the building having its floor subgrade (below ground level) on all sides. Board of appeals means the board of zoning appeals of the town. Design flood elevation (DFE) means the Federal Emergency Management Agency designated 100-year water surface elevation plus one foot. This is due to the town requiring a minimal one foot freeboard. Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers). Flood means a general and temporary inundation of normally dry land areas. (1)A general or temporary condition of partial or complete inundation of normally dry land areas from: a.The overflow of inland or tidal waters; or b.The unusual and rapid accumulation or runoff of surface waters from any source. c.Mudflows which are proximately caused by flooding as defined in subsection (1)b. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (2)The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)a. of this definition. Flood insurance rate map (FIRM) means an official map of a community, on which the administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood insurance study (FIS) means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards. Floodplain means a relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. The town requires a minimal freeboard of one foot. Highest adjacent grade the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure means any structure that is: (1)Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2)Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district; (3)Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4)Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a.By an approved state program as determined by the Secretary of the Interior; or b.Directly by the Secretary of the Interior in states without approved programs. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article. Manufactured home (mobile home) means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet in length, or when erected on-site is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. A manufactured home includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. Manufactured home park or subdivision, existing, means a parcel or contiguous parcels of land divided into two or more lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the paving of concrete pads) is completed before the effective date of the ordinance from which this article is derived. New construction means structures for which the "start of construction" commenced on or after July 17, 1978 and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. One hundred-year flood means a flood that, on the average, is likely to occur once every 100 years (i.e., that has one percent chance of occurring each year, although the flood may occur in any year.) Recreational vehicle means a vehicle which is: (1)Built on a single chassis; (2)Four hundred square feet or less when measured at the largest horizontal projection; (3)Designed to be self-propelled or permanently towable by a light-duty truck; and (4)Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. Special flood hazard area means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in the floodplain ordinance. Start of construction includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure of a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structure part of a building whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either: (1)Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or (2)Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Violation means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the floodplain ordinance is presumed to be in violation until such time as that documentation is provided. (Ord. of 6-26-2000, § 20-2204; Ord. of 1-10-2011)Cross reference(s)—Definitions generally, § 1-2. Sec. 74-744.?Official floodplain map.The boundaries of the floodplain areas are established as shown on the most recent flood insurance rate map which is declared to be apart of this chapter and which shall be kept on file at the office of the zoning administrator. (Ord. of 6-26-2000, § 20-2206)Sec. 74-745.?Establishment of floodplain areas.(a)Description of flood areas. The various floodplain areas shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these areas shall be the flood insurance study (FIS) and the flood insurance rate maps (FIRM) for Town of Bluefield, Virginia, Tazewell County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, revised August 2, 1994 February 18, 2011, as amended, and its accompanying flood insurance rate map. The identified flood areas shall consist of the following three specific areas: (1)The floodway area is delineated, for purposes of this chapter, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in the floodway area are specifically defined in the flood insurance study and shown on the accompanying flood boundary and floodway map or flood insurance rate map. (2)The flood-fringe area shall be that area of the 100-year floodplain not included in the floodway area. The basis for the outermost boundary of the area shall be the 100-year flood elevations contained in the flood profiles of the above-referenced flood insurance study and as shown on the accompanying flood boundary and floodway map or flood insurance rate map. (3)The approximated floodplain area shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps or flood insurance rate map accompanying the above-referenced flood insurance study. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the zoning administrator or agent. (b)District boundary changes. The delineation of the floodplain areas may be revised by the town council where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. (c)Interpretation of the district boundary. Initial interpretations of the boundaries of the floodplain areas shall be made by the zoning administrator. Should a dispute arise concerning the boundaries, the town council shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the town council and to submit his own technical evidence if he so desires. (d)Submitting technical data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data. (Ord. of 6-26-2000, § 20-2208; Ord. of 1-10-2011)Sec. 74-746.?Required minimal freeboard.Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. The town requires a minimal freeboard of one foot. (Ord. of 6-26-2000, § 20-2210)Sec. 74-747.?Specific standards.(a)Generally. A structure or use of a structure or premises which lawfully existed before the enactment of this article, but which is not in conformity with this article, may be continued subject to the following conditions: (1)Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the 100-year flood elevation. (2)Any modifications, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain district to an extent or amount of less than 50 percent of its market value shall be elevated and/or floodproofed to the greatest extent possible. (3)The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area, to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with the provisions of this article and the Virginia Uniform Statewide Building Code. (4)Existing structures and/or uses located in the floodplain district shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements. (5)Uses or adjuncts thereof which are or become nuisances shall not be permitted to continue. (b)Manufactured homes. All manufactured homes to be placed or substantially improved within any floodplain district, including inside existing manufactured home parks, shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is at least to or above the design flood elevation and be securely anchored to an adequately anchored foundation system. (c)Residential structures. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated to or above the design flood level. (d)Nonresidential structure. Where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and/or review structural design specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting this provision and a record of such certificate which indicates the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained in the office of the zoning administrator. (e)Minimum criteria. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. In addition, they shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must exceed the following minimum criteria: (1)A minimal of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (2)Bottom of all openings shall be no higher than one foot above grade; (3)Openings may be equipped with screens, louvers or other covering devices, provided that they permit the automatic entry and exit of floodwaters. (f)Flood elevation certificates. The town shall obtain and maintain on file the elevation of the lowest floor (including basements) of any new or substantially improved structures in all special flood hazard areas. (Ord. of 6-26-2000, § 20-2212; Ord. of 1-10-2011)Sec. 74-748.?Utilization of and development regulations of floodplain district.(a)Generally. All uses, activities, and development occurring within any floodplain area shall be undertaken only upon the issuance of a special permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code. Prior to the issuance of any such permit, the zoning administrator shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system. (b)Specific provisions for permitted activities. In the floodplain district, no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all the appropriate local and/or state authorities as required in this section. (1)Permitted activities. In the floodplain district, the following activities are permitted provided they are in compliance with the provisions of this article and are not prohibited by any other ordinance and provided they do not require structures, fill or storage of materials and equipment: a.Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting; b.Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas; c.Accessory residential uses such as yard areas, gardens, play areas, and pervious parking and loading areas, airport landing strips, etc. (2)Activities permitted by conditional use. The following activities may be permitted by conditional use provided they are in compliance with the provisions of this article and are not prohibited by any other ordinance: a.Structures except for manufactured homes, accessory to the uses and activities in subsection (b)(1) of this section; b.Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses; c.Water-related uses and activities such as marinas, docks, wharves, piers, etc.; d.Extraction of sand, gravel and other materials where no increase in level of flooding or velocity is caused thereby; e.Temporary uses such as circuses, carnival and similar activities; f.Storage of materials and equipment provided they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided such material and equipment is firmly anchored to prevent floatation or movement, and/or can be readily removed from the area within the time available after flood warning; g.Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances. All uses, activities and development which meets the provisions of and is permitted under the terms of this article shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. The placement of any manufactured home, except in an existing manufactured home park or subdivision, within the floodplain district is specifically prohibited. (c)Site plans and permit applications. All applications for development in the floodplain area and all building permits issued for the floodplain shall incorporate the following information: (1)For structures to be elevated, the elevation of the lowest floor (including basement); (2)For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed; (3)The elevation of the 100-year flood; and (4)Topographic information showing existing and proposed ground elevations. (d)Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within the town a permit shall be obtained from the U.S. Corps of Engineers, the state department of environmental quality, and the state marine resources commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the division of soil and water conservation of the state department of conservation and recreation, and the Federal Insurance Administration. (e)Design criteria for utilities and facilities.(1)Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plans, (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the component during conditions of flooding. (2)On-site waste disposal systems. All on-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (3)Reserved. (4)Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system, and be located and constructed to minimize or eliminate flood damages. (5)Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties. (6)Utilities. All utilities such as gas lines, electrical and telephone systems being placed in floodprone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood occurrence. Electrical, heating, ventilation plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (7)Streets and sidewalks. Streets and sidewalks shall be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights. (8)Recreational vehicles. Recreational vehicles placed on sites shall either: (a)Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use; or (b)Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Virginia Uniform Statewide Building Code. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect-type utilities and security devices, and has no permanently attached additions. (f)Floodway encroachment and utilization. In the floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year base flood elevation. (Ord. of 6-26-2000, § 20-2214; Ord. of 1-10-2011)Sec. 74-749.?Approximated floodplain areas.The following provisions shall apply with the approximate floodplain district: The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the flood insurance study. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation. For development proposed in the approximate floodplain, the applicant must use technical methods that correctly reflect currently accepted technical concepts, such as point on boundary, high water marks, or hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the (title of community floodplain administrator). The (title of community floodplain administrator) reserves the right to require a hydrologic and hydraulic analyses for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood elevation. During the permitting process, the (title of community floodplain administrator) shall obtain: (1)The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and (2)If the structure has been flood-proofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been flood-proofed. Standards for the Special Floodplain District The following provisions shall apply within the special floodplain district: Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones A1-30 and AE on the flood insurance rate map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the Town of Bluefield. Development activities in Zones A1-30, AE, and AH, on the Town of Bluefield's flood insurance rate map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies—with the Town of Bluefield's endorsement—for a conditional flood insurance rate map revision, and receives the approval of the Federal Emergency Management Agency. Standards for Subdivision Proposals (a)All subdivision proposals shall be consistent with the need to minimize flood damage; (b)All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and (c)All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (Ord. of 6-26-2000, § 20-2216; Ord. of 1-10-2011)Sec. 74-750.?Special exceptions/variances.(a)Whenever any person is aggrieved by a decision of the zoning administrator with respect to the provisions of this article, it is the right of that person to appeal to the board of zoning appeals for a special exception/variance. Such appeal must be filed, in writing within 30 days after the determination by the zoning administrator. Upon receipt of such an appeal, the chair of the board of zoning appeals shall set a time and place for the purpose of hearing the appeal, which shall be not less than ten nor more than 30 days from the date of the receipt of the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination by the board of zoning appeals shall be final in all cases. (b)In passing upon applications for special exceptions/variances, the board of zoning appeals shall satisfy the following factors: (1)The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception/variance shall be granted for any proposed use, development, or activity within any floodway area that will cause any increase in the 100-year flood elevation. (2)The danger that materials may be swept on to other lands or downstream to the injury of others. (3)The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. (5)The importance of the services provided by the proposed facility to the community. (6)The requirements of the facility for a waterfront location. (7)The availability of alternative locations not subject to flooding for the proposed use. (8)The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9)The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. (10)The safety of access by ordinary and emergency vehicles to the property in time of flood. (11)The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. (12)The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (13)Such other factors which are relevant to the purposes of this article. (c)The board of zoning appeals may refer, with approval of town council, any application and accompanying documentation pertaining to any request for a special exception/variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. (d)Special exceptions/variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in: (1)Unacceptable or prohibited increases in flood heights; (2)Additional threats to public safety; (3)Extraordinary public expense; and will not (4)Create nuisances; (5)Cause fraud or victimization of the public; or (6)Conflict with local laws or ordinances. (e)Special exceptions/variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in: (1)Unacceptable or prohibited increases in flood heights; (2)Additional threats to public safety; (3)Extraordinary public expense; and will not (4)Create nuisances; (5)Cause fraud or victimization of the public; or (6)Conflict with local laws or ordinances. (f)Special exceptions/variances shall only be issued after the board of zoning appeals has determined that the special exception/variance will be the minimum relief to any hardship. (g)The board of zoning appeals shall notify the applicant for a special exception/variance, in writing, that the issuance of a special exception/variance to construct a structure below the 100-year flood elevation: (1)Increases the risks to life and property; and (2)Will result in increased premium rates for flood insurance. (h)A record shall be maintained of the notification in subsection (g) of this section as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. (Ord. of 6-26-2000, § 20-2218)Sec. 74-751.?Penalties.(a)Any person who fails to comply with any or all of the requirements or provisions of this article or direction of the zoning administrator or any other authorized employee of the town shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-15. (b)Each day during which any violation of this article continues shall constitute a separate offense. In addition to the penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of or noncompliance with this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the town council to be a public nuisance and abatable as such. (Ord. of 6-26-2000, § 20-2220)Secs. 74-752—74-780.?Reserved.ARTICLE VII.?SUPPLEMENTARY DISTRICT REGULATIONSDIVISION 1.?GENERALLYSec. 74-781.?Approval for and availability of essential services.(a)All projects that require the additional use or new facilities of essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, street lighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval. (b)Nonavailability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. This may also include emergency services such as police and fire protection. The town is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the town agrees otherwise. All service extensions shall be designed and installed in full conformance with the town's standards for such service, and shall be subject to review, permitting and inspection as required by other policies, ordinances and codes of the town. (Ord. of 6-26-2000, § 20-100)Sec. 74-782.?Walls, fences and other obstructions.(a)Generally. Walls, fences and other obstructions which may restrict passage over property lines or which may obstruct line of sight or vision across property lines may be erected or placed with the town, except as provided as follows: (1)No such wall, fence or obstruction within a front yard shall exceed a height of 3? feet as measured from grade at the front property line in a residential district. (2)No such wall, fence or obstruction other than landscaping in a side or rear yard shall exceed an average height of six feet in a residential district, except that such structures, when attached to a principal building, may not exceed eight feet in height when clearly incidental to a function of the building rather than a site improvement. (3)In all zoning districts, no such walls, fences or other obstruction may be placed on any corner lot in such a manner to obstruct vision or line of sight from any intersection. (4)No such walls, fences or other obstructions shall be electrified, barbed or secured in a dangerous manner in any residential district. (5)Such walls, fences and other enclosures for special uses, such as swimming pools, transformers and electrical substations, may not be subject to this section in accordance with the determination of the zoning administrator. (6)In business and industrial districts, such walls, fences or other obstructions which are clearly used for safety or security purposes may supersede these height requirements with approval of the zoning administrator. (b)Zoning permit required. No such wall, fence or other obstruction shall be erected or placed in the town without a zoning permit having first been obtained. Any fence, wall or other obstruction which does not meet requirements of this provision must be approved by the planning commission before issuance of such zoning permit. (c)Violations. Violations of this section shall be punished as provided in section 74-7. (Ord. of 6-26-2000, § 20-105)Secs. 74-783—74-800.?Reserved.DIVISION 2.?ACCESSORY BUILDINGSSec. 74-801.?Location of accessory buildings.Accessory buildings should occupy the same lot as the main use or building. Garages or other accessory buildings, such as carports, porches and stoops attached to the main building shall be considered part of the main building. (1)Separation from main building. All accessory buildings shall be separated from the main building by ten feet unless otherwise stated. (2)Private garages. An accessory building used as a private garage shall be permitted to be located in the rear yard or side yard. No private garage shall be located in the front yard. (3)Storage buildings. All accessory buildings used for storage or other similar use shall be permitted to be located in any portion of the rear yard or side yard. No storage building shall be located in the front yard. (4)Easements. No accessory building shall be allowed to encroach into any recorded easements. (Ord. of 6-26-2000, § 20-110(a))Sec. 74-802.?Special provisions.The following is a list of special provisions that are unique to each listed zoning district: (1)District R-1A. In the R-1A district, any accessory building shall be located no closer to the principal building than 25 feet and shall have a side yard on each side of not less than ten feet. (2)All other residential districts. In all other residential districts, no accessory building may be closer than three feet to any property line. (Ord. of 6-26-2000, § 20-110(b))Secs. 74-803—74-820.?Reserved.DIVISION 3.?LANDSCAPINGSec. 74-821.?General requirements.Landscaping is required for all new buildings and additions over 500 square feet. Such landscaping shall be completed within six months from the date of occupancy of the building. (Ord. of 6-26-2000, § 20-140(intro.))Sec. 74-822.?Front yards.Front yards required by this chapter shall be completely landscaped, except for those areas occupied by access driveways, walls and structures. (Ord. of 6-26-2000, § 20-140(a))Sec. 74-823.?Streetside side yards.All flanking streetside side yards shall be completely landscaped, except for those areas occupied by utilities, access driveways, paved walks, walls and structures. (Ord. of 6-26-2000, § 20-140(b))Sec. 74-824.?Maintenance.All live landscaping required by this chapter shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all sodded areas mowed, fertilized and irrigated on a regular basis. (Ord. of 6-26-2000, § 20-140(c))Secs. 74-825—74-850.?Reserved.DIVISION 4.?GRADING AND EXCAVATION REGULATIONSSec. 74-851.?Erosion and sediment control.See chapter 62, article II, for provisions regarding erosion and sediment control. (Ord. of 6-26-2000, § 20-145)Secs. 74-852—74-870.?Reserved.DIVISION 5.?TEMPORARY CONSTRUCTION HOUSING PARKSSec. 74-871.?Conditional use permit; conditions.Conditional use permits for temporary construction housing parks may be issued by the town council, subject to the following conditions: (1)The location of a temporary construction housing park is necessary for the housing of construction workers employed on a commercial, industrial or highway construction project. (2)The request is filed by or certified by the industry or state department of transportation as being essential to the construction. (3)A minimum area of 2,000 square feet be provided for each space. (4)Sanitary facilities conform to the state health department's trailer camp sanitation requirements. (5)That the period for operating such temporary park shall concur with the anticipated period of the construction. Applications for renewal may be submitted if more time is required to complete the project. However, such renewal applications must be filed at least 30 days prior to the expiration of the original temporary use permit. (Ord. of 6-26-2000, § 20-150(a))Sec. 74-872.?Bond requirement.The town council, in granting such a conditional use permit, may require the posting of a bond to ensure that the temporary construction housing park will be removed and the site left in good order at the expiration of the permit. (Ord. of 6-26-2000, § 20-150(b))Sec. 74-873.?Additional requirements.The town council shall establish such additional requirements as are in the best interest of the public. (Ord. of 6-26-2000, § 20-150(c))Secs. 74-874—74-890.?Reserved.DIVISION 6.?ZONING DISTRICT OVERLAYSSec. 74-891.?Intent; boundaries.An overlay district is intended to supplement traditional zoning by adding additional regulations to a specified area. Zoning district overlays may not follow property lines, but may be related to geological factors, floodplain, water pressure zones and historic areas. (Ord. of 6-26-2000, § 20-155(a); Ord. of 2-26-2001, § 20-155(a); Ord. of 6-11-2001, § 20-155(a))Sec. 74-892.?Overlays as supplement to underlying zoning districts.These zones are established as overlays to be superimposed over the existing base zoning districts and as such, the provisions for that overlay shall serve as a supplement to the underlying zoning district provisions. (Ord. of 6-26-2000, § 20-155(b); Ord. of 2-26-2001, § 20-155(b); Ord. of 6-11-2001, § 20-155(b))Sec. 74-893.?Conflicts.In the event of any conflict between the provisions or requirements of an overlay district and those of any underlying zoning district or ordinance, the more restrictive provisions or requirements shall apply. (Ord. of 6-26-2000, § 20-155(c); Ord. of 2-26-2001, § 20-155(c); Ord. of 6-11-2001, § 20-155(c))Sec. 74-894.?Severability.In the event any provision concerning an overlay district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions and the remaining provisions shall remain applicable. (Ord. of 6-26-2000, § 20-155(d); Ord. of 2-26-2001, § 20-155(d); Ord. of 6-11-2001, § 20-155(d))Sec. 74-895.?Documentation.A supporting document to the zoning map shall be maintained detailing all overlays and their provisions. (Ord. of 6-26-2000, § 20-155(e); Ord. of 2-26-2001, § 20-155(e); Ord. of 6-11-2001, § 20-155(e))Sec. 74-896.?Enforcement of restrictive covenants.The establishment of zoning district overlays and the granting or denial of zoning, building or other use permits by the town shall not enhance, restrict or impair the rights of landowners to enforce the restrictive covenants created by deed or certificate of record in the circuit court clerk's office. (Ord. of 6-26-2000, § 20-155(f); Ord. of 2-26-2001, § 20-155(f); Ord. of 6-11-2001, § 20-155(f))Sec. 74-897.?Inapplicable restrictive covenants.Provisions of the restrictive covenants that are no longer reasonably applicable, as determined by the zoning administrator or the agent of the town, may not be enforced by the town. (Ord. of 6-26-2000, § 20-155(g); Ord. of 2-26-2001, § 20-155(g); Ord. of 6-11-2001, § 20-155(g))Sec. 74-898.?Mountain ridge overlay district.The purpose of the mountain ridge overlay district is to regulate the development of property located above 3,000 feet in the Town of Bluefield as provided in Code of Virginia, § 15.2-2295.1, regulation of mountain ridge construction. The mountain ridge overlay district shall require the following: (1)A conditional use permit must be obtained for tall structures 3,000 feet above sea level. (2)Plans must be submitted to the Town of Bluefield and Virginia Health Department regarding the placement of any septic tanks, wells, and springs within the town limits. (3)A detailed plan must be submitted to the zoning and building office, Town of Bluefield Fire Department and State Fire Marshal's Office regarding measures that will be in place to prevent, contain, and control a fire in the new building or structure and surrounding area. The plan must show that there is an adequate supply of water to contain and prevent the spread of fire. (4)Erosion and sediment control plans must be submitted regarding the proposed development and a detailed study showing that stormwater runoff will not be increased and downstream property will not be adversely affected by stormwater runoff from the development. The proposed development must abide by all state and town regulations regarding erosion and sediment and stormwater management. (5)As a condition of granting a conditional use permit, a bond shall be required in an amount equal to the reasonably estimated cost of removal of any and all tall structures at the end of their useful life. The amount of such bond shall be reviewed every five years after its inception and adjusted as necessary to cover any changes in such "reasonably estimated cost of removal." (6)All requirements of the zoning district in which the property is located shall be complied with. (Ord. of 6-22-2009)Sec. 74-899.?Revision to height regulations.Crest means the uppermost line of a mountain or chain of mountains from which the land falls away on at least two sides to a lower elevation or elevations. Ridge means the elongated crest or series of crests at the apex or uppermost point of intersection between two opposite slopes or sides of a mountain and includes all land within 100 feet below the elevation of any portion of such line or surface along the crest. Tall buildings means any building or structure exceeding a height of 100 feet. Public building or semi-public building means a building used or operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, courts or government offices. (Ord. of 3-23-2009)Editor's note(s)—Ord. of 3-23-2009 was not specifically amendatory. Inclusion as § 74-899 was at the discretion of the editor. Secs. 74-900—74-920.?Reserved.DIVISION 7.?SETBACK MODIFICATION FOR CERTAIN NONCONFORMING RESIDENTIAL USE LOTSSec. 74-921.?Applicable lots.The minimum setback requirements as set forth in this chapter for residential districts may be modified for existing lots that are nonconforming in the required minimum lot size and/or frontage regulations. This modification may only be used for a new single-family residential structures or unless a conditional use permit is obtained. (Ord. of 6-26-2000, § 20-160(a); Ord. of 5-29-2001, § 20-160(a); Ord. of 9-24-2013)Sec. 74-922.?Average setback calculation.The setback modification shall be based on existing single-family residential structures with similar lot sizes and shape in the immediate neighborhood. The zoning administrator shall determine the extent of the immediate neighborhood for this calculation. The average lot sizes and setbacks for the lots identified by the zoning administrator will be determined. Based on these figures, the zoning administrator may apply an appropriate setback modification to the subject lot that coincides with the surrounding neighborhood. (Ord. of 6-26-2000, § 20-160(b); Ord. of 5-29-2001, § 20-160(b))Sec. 74-923.?Application.The applicant for a setback modification shall provide all information requested by the zoning administrator to administer this division. (Ord. of 6-26-2000, § 20-160(c); Ord. of 5-29-2001, § 20-160(c))Sec. 74-924.?Notification.All adjoining landowners shall be notified of the intent of the applicant for a setback modification to construct a single-family residential structure and will be provided copies of the application and supporting documents. This notification shall also include the dates and times that the planning commission and town council will meet to approve the application. Should the applicant not wish to proceed with approval, then the notification will not be required. (Ord. of 6-26-2000, § 20-160(d); Ord. of 5-29-2001, § 20-160(d))Sec. 74-925.?Commission recommendation.The planning commission will review the application and supporting documentation to determine that the setback modification will be appropriate for the neighborhood. The planning commission will make a written recommendation to the town council approving, conditionally approving or disapproving the setback modification. (Ord. of 6-26-2000, § 20-160(e); Ord. of 5-29-2001, § 20-160(e))Sec. 74-926.?Council approval.The town council may approve, conditionally approve or disapprove the setback modification. After approval by the town council, the setback modification and supporting documentation shall be placed on record with the zoning administrator. (Ord. of 6-26-2000, § 20-160(f); Ord. of 5-29-2001, § 20-160(f))Sec. 74-927.?Expiration.An approved setback modification shall expire within one year after approval by the town council. (Ord. of 6-26-2000, § 20-160(g); Ord. of 5-29-2001, § 20-160(g))Secs. 74-928—74-950.?Reserved.DIVISION 8.?DESIGN GUIDELINES FOR LARGE RETAIL ESTABLISHMENTSSec. 74-951.?Purpose.The purpose of this division is to establish general guidelines that: (1)Ensure that large retail building developments are compatible with their surroundings and contribute to the character of the town. (2)Ensure a pedestrian scale to these developments. (3)Aid in the dividing of spaces in former big-boxes that have a greater pedestrian orientation than warehouse-type construction. (4)Provide greater potential for the reuse of abandoned big-box retail sites in the future. (Ord. of 6-26-2000, § 20-165(a); Ord. of 7-23-2001, § 26-165(a))Sec. 74-952.?General guidelines.The guidelines as described in the Municipal and Development Guidance Manual are applicable for big-box retail uses larger than 60,000 square feet in size and all developments within the SC-1 and SC-OP districts. These guidelines may be applicable for other large commercial type developments upon recommendation of the zoning administrator or as identified by a zoning district overlay. These guidelines are to be interpreted with some flexibility in their application to specific projects in order to encourage a high level of design quality. Flexibility is necessary to encourage creativity on the part of designers and developers. These guidelines are intended as a tool for the professional designer, developer, town staff, planning commission, and the town council. (Ord. of 6-26-2000, § 20-165(b); Ord. of 7-23-2001, § 26-165(b))Sec. 74-953.?Waivers.The planning commission and town council are the arbiters of the guidelines in this division in their review and approval of final development plans. The town council, upon recommendation of the planning commission, may grant waivers from the individual guidelines in this division. Unless there is a compelling reason, it is intended that the guidelines in this division will be followed. (Ord. of 6-26-2000, § 20-165(c); Ord. of 7-23-2001, § 26-165(c))Sec. 74-954.?Existing developments.Upon expansion, remodeling and/or redevelopment of existing big-boxes and/or developments, they will be required to improve their design and meet more of the guidelines than they do at present as determined by the town or its agent. (Ord. of 6-26-2000, § 20-165(d); Ord. of 7-23-2001, § 26-165(d))Sec. 74-955.?Preliminary design guideline plan.(a)Application. The owner or lessee of any tract of land shall, prior to any development, submit to town staff and the planning commission for study and recommendation a preliminary design guideline plan for the use and development of any tract for the purposes set forth in this section. (b)Review. Town staff and the planning commission will review the plan and may make reasonable additional requirements concerning these design guidelines. (c)Commission recommendation. The planning commission shall make a written recommendation to the town council approving, conditionally approving or disapproving the plan. (d)Council review. The town council may review the plans and make comments upon completion of planning commission review. (Ord. of 6-26-2000, § 20-165(e); Ord. of 7-23-2001, § 26-165(e))Sec. 74-956.?Final design guideline plan.(a)Submittal. A final design guideline plan embodying all additional requirements imposed by the town, if any, shall be prepared and submitted by the applicant to town staff and the planning commission. (b)Review. Staff and the planning commission shall review the plan. (c)Commission recommendation. The planning commission shall make a written recommendation to the town council approving, conditionally approving or disapproving the plan. (d)Council approval. The town council shall review the plans upon receipt of the planning commission recommendation. After approval by the town council, the plan shall be placed on record with the zoning administrator. (e)Expiration. An approved design guideline plan shall expire three years after approval by the town council, unless an extension of time is specifically allowed by the town council. (Ord. of 6-26-2000, § 20-165(f); Ord. of 7-23-2001, § 26-165(f))Secs. 74-957—74-980.?Reserved.DIVISION 9.?EARTH STATION AND SATELLITE DISH ANTENNAESec. 74-981.?General requirements.(a)Earth station antennae or satellite dish antennae shall be considered as accessory structures when installed in residential districts zoned R1-A, R-2, R-3, R-4 and MHS and shall conform to the following installation requirements: (1)Be located in the rear or side yard. (2)Be located at least five feet from the lot line at the closest point of the structure. (3)Be painted with a nonglare paint. (4)Be limited in height to the height of the house. (b)A zoning permit must be obtained prior to installation. (Ord. of 6-26-2000, § 20-115(a))Sec. 74-982.?Installation in other use districts.Installation requirements for earth station antennae or satellite dish antennae in districts other than those set out in section 74-981 shall be designated by the planning commission upon application for installation and will require a zoning permit. (Ord. of 6-26-2000, § 20-115(b))Sec. 74-983.?Exemption.Earth station antennae or satellite dish antennae that are 24 inches or less in diameter shall be exempt from this division in all districts. (Ord. of 6-26-2000, § 20-115(c))Secs. 74-984—74-1000.?Reserved.DIVISION 10.?HOME OCCUPATIONSSec. 74-1001.?General requirements.Home occupations shall be permitted in districts R-1A, R-1, R-2, R-3, R-4 and B-1, provided the home occupation is clearly and obviously subordinate to the main use or dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure on the premises. Home occupations shall be approved by the planning commission. (Ord. of 6-26-2000, § 20-120(intro.); Ord. of 10-10-2011(9))Sec. 74-1002.?Use to be incidental.A home occupation shall be clearly incidental to the use of the dwelling and shall not be the essential residential character of the dwelling. (Ord. of 6-26-2000, § 20-120(a))Sec. 74-1003.?Accessory buildings and outside storage.No accessory buildings or outside storage shall be used in connection with the home occupation. (Ord. of 6-26-2000, § 20-120(b))Sec. 74-1004.?Machinery causing noise or other interference.No machinery that causes noises or other interference shall be permitted. (Ord. of 6-26-2000, § 20-120(c))Sec. 74-1005.?Alterations inconsistent with residential use.No internal or external alterations inconsistent with the residential use of the building shall be permitted. (Ord. of 6-26-2000, § 20-120(d))Sec. 74-1006.?Residents to be engaged in home occupations.Only residents of the dwelling may be engaged in the home occupation, except as determined by the planning commission. (Ord. of 6-26-2000, § 20-120(e); Ord. of 10-10-2011(9))Sec. 74-1007.?Display of products and merchandise.No display of products shall be visible from the street, and the selling of merchandise or the manufacture of merchandise for sale cannot be the primary function of the home occupation. (Ord. of 6-26-2000, § 20-120(f))Sec. 74-1008.?Signs.No display of signs advertising the home occupation shall be permitted. (Ord. of 6-26-2000, § 20-120(g))Sec. 74-1009.?Computer/electronic-based home puter/electronic-based home occupations, based solely on telephonic, fax, computer or other communications systems are allowed so long as there is no manufacture, fabrications, or display of any product and no direct customer sales or service in the residence. (Ord. of 6-26-2000, § 20-120(h))Secs. 74-1010—74-1030.?Reserved.DIVISION 11.?BED AND BREAKFAST INNSSec. 74-1031.?Special use permit required.A bed and breakfast inn may be established in areas zoned R-1 and R-2, provided that a special use permit is obtained from the town council, upon recommendation from the planning commission, and subject to the provisions of this division. (Ord. of 6-26-2000, § 20-125(intro.))Sec. 74-1032.?Public hearing on permit; renewal.Prior to the issuance of any special use permit by the town council, upon recommendation of the planning commission, both the town council and planning commission shall hold a public hearing relating to the proposed use of any property as a bed and breakfast inn. Any such special use permit, once granted, shall be renewable annually upon the approval of and at the sole discretion of the zoning administrator. (Ord. of 6-26-2000, § 20-125(a))Sec. 74-1033.?Use and residency requirements.Any premises to be used as a bed and breakfast inn shall be a single-family residence with not more than one kitchen facility. A bed and breakfast inn shall be the primary residence of the owner and operator of the establishment. (Ord. of 6-26-2000, § 20-125(b))Sec. 74-1034.?Living space area.The bed and breakfast inn premises shall have not less than 2,000 square feet of living space, exclusive of any basement or attic space. Not more than one guestroom shall be permitted in a qualifying premises, except one additional guestroom shall be permitted for each additional 250 square feet of living area floor space in a qualified premises in excess of 2,000 square feet, up to a maximum of four guestrooms per premises. (Ord. of 6-26-2000, § 20-125(c))Sec. 74-1035.?Off-street parking.One off-street parking space shall be provided for each guestroom on the premises of a bed and breakfast inn. (Ord. of 6-26-2000, § 20-125(d))Sec. 74-1036.?Private bath facilities.The bed and breakfast inn shall be equipped with one or more private bath facilities for guestrooms, separate and apart from the private bath facilities for the owners of the premises. (Ord. of 6-26-2000, § 20-125(e))Sec. 74-1037.?Smoke detectors; means of emergency escape.Each guestroom in a bed and breakfast inn shall be equipped with a functioning smoke detector alarm, and each guestroom shall have a second means of egress from the building for emergency escape. (Ord. of 6-26-2000, § 20-125(f))Sec. 74-1038.?Length of stay.Guests of a bed and breakfast inn may stay no more than 15 consecutive days, except that this section shall not apply to immediate relatives of the owners of the premises. (Ord. of 6-26-2000, § 20-125(g))Sec. 74-1039.?Meals.A bed and breakfast inn shall offer breakfast, prepared on the premises, to its guest. Such meals shall be served only to registered guests of the bed and breakfast inn. (Ord. of 6-26-2000, § 20-125(h))Sec. 74-1040.?Alcoholic beverages.No alcoholic beverages may be served at any bed and breakfast inn. (Ord. of 6-26-2000, § 20-125(i))Secs. 74-1041—74-1054.?Reserved.DIVISION 12.?ADULT ORIENTED BUSINESSESSec. 74-1055.?Adult oriented business specifications and restrictions.(a)No adult oriented business shall be permitted within 1,000 feet of any other adult oriented business in any zoning district. (b)No adult oriented business use shall be permitted within 1,500 feet of any residential district, church, playground, playfield, public library, or day care facility. (c)Measurements will taken from the property line. (d)No adult oriented business shall display adult media, depict sexually oriented goods, or any specified anatomical areas that are visible from the street, highway, public sidewalk, or property of others in the window. (e)Adult oriented business shall only be permitted in the B-2, SC-OP, and SC-1. (f)The following uses are exempt under AOB restrictions: (1)Museums and/or art centers. (2)Nonadult oriented theaters. (3)Schools of art and/or art educational classes. (Ord. of 2-25-2008(1))DIVISION 13.?MOBILE FOOD ESTABLISHMENTSSec. 74-1056.?Definitions.Mobile food establishment, when used in this division, means any movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, serving, and selling of food and operated at temporary locations. This definition shall include, but not be limited to, food trucks, food trailers, and food carts. Private event, when used in this division, means any event on behalf of or sponsored by a nonprofit or charitable entity, agency, institution, or organization within the corporate limits of the Town of Bluefield. Public activity, when used in this division, means any activity on behalf of or sponsored by a governmental entity, governmental agency, or governmental institution within the corporate limits of the Town of Bluefield. Public right-of-way, when used in this division, means, but is not be limited to, the surface of any public street, public sidewalk, public parking lot, public road, public lane, public boulevard, or public alley maintained by the Town of Bluefield. (Ord. of 7-14-2018)Sec. 74-1057.?Permissible zoning districts; exception.Mobile food establishments shall only be permitted to operate in nonresidential zoning districts. With the written approval of the town manager and zoning administrator of the Town of Bluefield, a mobile food establishment may be permitted to operate in a residential zoning district so long as such operation is connected to a public activity or private event. (Ord. of 7-14-2018)Sec. 74-1058.?Mobile food establishments and the tax on meals.Mobile food establishments operated within the corporate limits of the Town of Bluefield shall be subject to the provisions of the tax on meals imposed under article VIII of chapter 50 of the Code of Ordinances, Town of Bluefield, Virginia. (Ord. of 7-14-2018)Sec. 74-1059.?Mobile food establishments and the license tax on businesses.Mobile food establishments operated within the corporate limits of the Town of Bluefield shall be subject to the provisions of the license tax imposed under article III of chapter 50 of the Code of Ordinances, Town of Bluefield, Virginia. (Ord. of 7-14-2018)Sec. 74-1060.?Mobile food establishment permit.Prior to the operation of a mobile food establishment within the corporate limits of the Town of Bluefield, the owner of such mobile food establishment shall apply to the zoning administrator of the Town of Bluefield to obtain a mobile food establishment permit. Such permit shall be valid for a period of one year from its date of issue, and shall only be issued upon the applicant's completion and proof of the following: (1)The payment of a $25.00 permit fee to the Town of Bluefield; and (2)Possession of all valid health permits required by the Virginia Department of Health. Upon expiration of a mobile food establishment permit, the owner of such mobile food establishment shall reapply to the zoning administrator of the Town of Bluefield to obtain a new mobile food establishment permit if such mobile food establishment will continue to be operated within the corporate limits of the Town of Bluefield. The zoning administrator, with the written approval of the town manager, may waive an applicant's permit fee once for good cause. Good cause being defined herein as a circumstance where a restaurant or mobile food establishment has regularly and lawfully operated within the corporate limits of the Town of Bluefield for at least six months preceding July 1, 2018. (Ord. of 7-14-2018)Sec. 74-1061.?General requirements of all mobile food establishments.All mobile food establishments operated within the corporate limits of the Town of Bluefield shall adhere to the following: (1)With the exception of public activities and private events, a mobile food establishment shall not be operated on any public right-of-way; (2)A mobile food establishment shall not, at any time: a.Block main entry drive aisles or affect pedestrian or vehicular circulation overall; b.Block access to loading areas; c.Block emergency access or fire lanes; d.Block access to any public right-of-way; e.Block access to any handicapped parking space; or f.Obstruct the view of any intersection of public rights-of-way; (3)A mobile food establishment, at all times, shall be positioned at least 25 feet away from all fire hydrants and fire department connections; (4)All signs associated with a mobile food establishment shall either be (i) permanently affixed to such mobile food establishment or (ii) placed within five feet of such mobile food establishment; (5)Trash receptacles shall be provided by the owner or individual operating a mobile food establishment, and all trash, refuse, or recyclables generated thereby shall be properly disposed of in a lawful manner; (6)The owner or individual operating a mobile food establishment shall ensure the 30-foot radius surrounding such mobile food establishment is kept clean and free of all litter and debris; and (7)No liquid waste shall be discharged from the premises of a mobile food establishment. (Ord. of 7-14-2018)Sec. 74-1062.?Mobile food establishments, public activities, and private events.A mobile food establishment may be operated at any public activity within the corporate limits of the Town of Bluefield so long as the owner of such mobile food establishment has received written permission from the coordinator of such public activity. The owner or individual operating such mobile food establishment shall ensure strict adherence to any requirements provided by the coordinator of such public activity. A mobile food establishment may be operated at any private event within the corporate limits of the Town of Bluefield so long as the owner of such mobile food establishment has received written permission from the coordinator of such private event. The owner or individual operating such mobile food establishment shall ensure strict adherence to any requirements provided by the coordinator of such private event. A mobile food establishment permit shall not be required in the event a mobile food establishment is only operated at private events and/or public activities within the corporate limits of the Town of Bluefield. (Ord. of 7-14-2018)Sec. 74-1063.?Mobile food establishments and permit revocation.A permit issued pursuant to this division may be revoked by the zoning administrator of the Town of Bluefield in the event the owner of a mobile food establishment fails to ensure strict adherence to the applicable requirements of this division. Notice of such revocation shall be made in writing by the zoning administrator of the Town of Bluefield by (i) certified mail to the last known address of the owner of the mobile food establishment and (ii) personal service upon the individual operating such mobile food establishment. The owner of a mobile food establishment may appeal such revocation to the board of zoning appeals within ten days of the date such notice is served or received, whichever is later. Failure to note an appeal with the zoning administrator of the Town of Bluefield within the stated time frame shall constitute a waiver to such right of appeal. The zoning administrator of the Town of Bluefield may grant the owner or individual operating a mobile food establishment a period of three days to comply with any violation under this division prior to revoking a mobile food establishment permit. (Ord. of 7-14-2018)Sec. 74-1064.?Penalty for violation.In the event a mobile food establishment is operated within the corporate limits of the Town of Bluefield in violation of this division, then the owner or individual operating such mobile food establishment shall be subject to a civil penalty of $50.00 for a first offense and $200.00 for a subsequent offense occurring within a period of two years from the date of a first offense. Each day a violation of this division continues shall constitute a separate and distinct offense. The zoning administrator of the Town of Bluefield may grant the owner or individual operating a mobile food establishment a period of three days to comply with any violation under this division prior to assessing a civil penalty. (Ord. of 7-14-2018)Secs. 74-1065—74-1070.?Reserved.ARTICLE VIII.?OFF-STREET PARKING AND LOADINGDIVISION 1.?GENERALLYSecs. 74-1071—74-1090.?Reserved.DIVISION 2.?OFF-STREET PARKINGSec. 74-1091.?General requirement.There shall be provided at the time of erection of any main building or at the time such buildings are altered, enlarged, converted or increased in capacity, minimum off-street parking space with adequate provision for ingress and egress by standard-sized vehicles in accordance with the requirements of this chapter. (Ord. of 6-26-2000, § 20-130(intro.))Sec. 74-1092.?Parking space requirements.(a)In all residential districts, there shall be provided, either in a private garage or on the lot, space for the parking of two automobiles for each dwelling unit in a new building, or each dwelling unit added in the case of the enlargement of an existing building. (b)Tourist homes and motels shall provide on the lot, parking space for one automobile for each accommodation. (c)For church, high school, college and university auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one parking space shall be provided for every ten fixed seats provided in such building. (d)For hospitals, at least one parking space shall be provided for each two beds capacity, including infants' cribs and children's beds. (e)For medical and dental clinics, at least ten parking spaces shall be provided. Three additional parking spaces shall be furnished for each doctor or dentist having offices in such clinic in excess of three doctors or dentists. (f)For apartments, at least two parking spaces shall be provided for each individual dwelling unit. (g)For tourist courts and apartment motels, at least one parking space shall be provided for each individual sleeping or living unit. (h)For hotels and apartment motels, at least one parking space shall be provided for each sleeping room. (i)For mortuaries and liquor stores, there shall be provided at least 30 parking spaces. (j)For retail stores selling direct to the public, there shall be provided one parking space for each 200 square feet of retail floor space in the building. (k)Any other commercial building not listed in this section hereafter erected, converted or structurally altered shall provide one parking space for each 200 square feet of business floor space in the building. (l)The B-2 district parking requirements of two spaces per apartment does not apply if community parking is available in the case of three or less apartments located over a business. (Ord. of 6-26-2000, § 20-130(a); Ord. of 7-23-2007)Sec. 74-1093.?Combination of uses.Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use. (Ord. of 6-26-2000, § 20-130(b))Sec. 74-1094.?Minimum requirement modification.The minimum off-street parking requirements as set forth in this division and any other article within this chapter are subject to modification to either increase or decrease the minimum requirement set forth in this article upon a clear and convincing showing by the developer or town staff to alter the off-street parking requirements and upon resolution duly adopted by the town council, upon prior review by the planning commission. The resolution approving modification of the off-street parking requirements shall be attached as an addendum to any development plan, subdivision plan, plat, shopping center and other development plan reviewed or approved by the planning commission and/or the town council. (Ord. of 6-26-2000, § 20-130(c))Sec. 74-1095.?Design of parking facilities.(a)Location of lot. The parking spaces required by this chapter shall be provided on the same lot as the use or where the exclusive use of such is provided on another lot not more than 500 feet radially from the subject lot within the same or less restrictive zoning district. (b)Surfacing and guards. Every parcel of land used as a public parking area shall be surfaced with gravel, stone, asphalt or concrete. Every parcel of land used as a public parking area shall have appropriate guards, such as guardrails and bollards, where needed as determined by the code official. The surface and guards shall be maintained in a good state of repair. (c)Striping. All parking stalls shall be striped and maintained in a good state of repair. Exception: A private garage or parking area for the exclusive use of a single-family dwelling. (d)Lighting. Any lights used to illuminate parking areas shall be so arranged as to reflect the light away from adjoining premises in a residential district and shall be of proper working order when required for periods of illumination. (Ord. of 6-26-2000, § 20-130(d))Sec. 74-1096.?Parking stall dimensions.Parking stall dimensions shall comply with nationally recognized engineering standards and designs. (Ord. of 6-26-2000, § 20-130(e))Sec. 74-1097.?Design of parking facilities.(a)Private and commercial driveway entrances. Every parking facility shall be provided with one or more access driveways. The design and number of the access driveways shall be based upon the current state department of transportation specifications and may be modified by the town from time to time as required. (b)Private and commercial driveway and ramp slopes. The maximum slope of any driveway or ramp shall be based upon the current state department of transportation specifications and may be modified by the town from time to time as required. Transition slopes in driveways and ramps, when required, may be provided in accordance with the standards set by the town. (c)Stall accessibility. Each required parking stall shall be individually and easily accessible. No automobile shall be required to back onto any public street or sidewalk to leave any parking stall when such stall serves more than two business, commercial, or industrial uses. All portions of a public lot or garage shall be accessible to other portions thereof without requiring the use of any public street. (Ord. of 6-26-2000, § 20-130(f))Secs. 74-1098—74-1120.?Reserved.DIVISION 3.?OFF-STREET LOADINGSec. 74-1121.?General requirements.Loading spaces shall be provided on the same lot for every building in a commercial, business and shopping center district. No loading space is required if prevented by an existing lawful building. The code official may waive requirement on unusual lots. (Ord. of 6-26-2000, § 20-135(a))Sec. 74-1122.?Size.The size of off-street loading spaces shall be as determined by the code official. (Ord. of 6-26-2000, § 20-135(b))Secs. 74-1123—74-1150.?Reserved.ARTICLE IX.?SIGNSSec. 74-1151.?Purpose and intent.The purpose of this article is to regulate the size, location, height, and construction of all signs placed for public observance and to protect property values. To these ends, this article is intended to promote signs that are intended to: (1)Protect the health, safety, and welfare of the public. (2)Safeguard the public use and nature of the streets and sidewalks. (3)Protect and enhance the visual environment of the town. (4)Permit reasonable legibility and effectiveness of signs and to prevent their over concentration, improper placement and excessive height, bulk, density, and area. (5)Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay, or abandonment. (6)Ensure that signs do not obstruct firefighting efforts, and do not create traffic hazards by confusing or distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, vehicles, or to read traffic signs. (7)Provide for reasonable advertising of business and civic products and services. (8)Be compatible with the landscape and architecture of surrounding buildings. (9)Be legible and appropriate to the activity to which they pertain. (10)Be constructed and maintained in a structurally sound and attractive condition. (Ord. of 7-28-2020)Sec. 74-1152.?Definitions.In the event a term is not defined herein this article, then see section 74-4 of this chapter for definitions relative to signs. (Ord. of 7-28-2020)Sec. 74-1153.?Zoning permit required; location; removal.Except as provided in this article, no sign shall be erected, used, altered, or reconstructed within the corporate limits of the town until a zoning permit has been issued by the zoning administrator. All signs are considered accessory uses and accessory structures. Unless specifically exempted or permitted, all signs shall be located on the same lot with the principal use to which they pertain. Unless specifically exempted or permitted under this article, the zoning administrator may cause the removal of a sign which is erected, altered, or reconstructed without a zoning permit. (Ord. of 7-28-2020)Sec. 74-1154.?Construction and maintenance standards.(a)Any sign displayed in the town shall comply with: (1)All applicable provisions of this article. (2)All applicable provisions of the Virginia Uniform Statewide Building Code and the National Electrical Code. (3)All applicable state, federal, and local regulations. (b)If any two or more sections of the above-referenced regulations are in conflict, then the provision that provides the most restrictive standard shall apply. (c)All signs and their components shall be maintained in good repair and in a safe, clean, and attractive condition. (d) No person shall erect or construct a sign on another's property without permission. (Ord. of 7-28-2020)Sec. 74-1155.?Removal or repair of signs.(a)The zoning administrator shall have the authority to cause the removal of any sign or sign structure that does not conform to the applicable provisions of this article. (b)The zoning administrator shall have the authority to cause the removal of any sign that, due to neglect or damage, poses a danger to the health, safety, and welfare of the public. (c)The zoning administrator shall have the authority to require the repair of any sign which has been damaged or has deteriorated to the point that it has become a public nuisance. (d)The zoning administrator shall have the authority to cause the removal of any sign, or removable portions thereof, which are obsolete. (e)In the event the owner of the premises where a sign is located fails to remove or repair a sign within ten days of a request from the zoning administrator, then the town may remove such sign and charge the owner of the premises the costs of such removal. (Ord. of 7-28-2020)Sec. 74-1156.?Exempt signs.Except as otherwise provided in this article, the following signs shall be excluded from the regulations of this article: (1)Signs identifying addresses of premises not exceeding four square feet in area. (2)Commemorative plaques and historical markers erected by a governmental body or other organization permitted by the zoning administrator. (3)Signs identifying handicapped parking or fire lanes. (4)Private directional, security, warning, and/or driveway signs not exceeding three square feet in area and three feet in height. (5)Public signs, including traffic, utility, parking, directional, identification, event, and other signs displayed for governmental purposes. (6)Displays of a patriotic, religious, civic, or political character on private property. (7)Signs not visible beyond the boundaries of the lot or parcel upon which they are located. (8)Signs connected to private yard sales, not exceeding five in number per yard sale, provided that such signs shall not be attached in any way to utility poles, meter posts, or trees within any public right-of-way. No person shall display any notice upon any building, wall, fence, or other property of another person without permission. The maximum time limit for display of such signs is seven consecutive days. If, after reasonable notice, such signs are not so removed, then the zoning administrator may cause them to be removed and the person or organization who caused the sign to be erected may be charged for such removal. No sign connected to a private yard sale shall be exempted without a valid yard sale permit. (9)Signs connected to the sale of real estate not exceeding five square feet in area for single-family residential districts or ten square feet in area for other zoning districts. One real estate sign shall be permitted per property. (10)Signs on the inside of windows on private property. (11)Memorial signs on private property not exceeding three square feet in area. (12)Signs displayed during November 1 through December 31 for the purpose of selling holiday vegetation and accessory items. (13)Flags of the Commonwealth of Virginia, United States of America, or any other state or nation flown for noncommercial purposes. (14)Flags displaying purely ornamental and noncommercial information, such as graphic depictions of flowers, nature scenes, animals, and the like. (15)Signs displayed on a truck, bus, or other vehicle while such vehicle is in use so long as such signs do not constitute a hazard as determined by the zoning administrator. (16)Freestanding signs or signs attached to fences at approximately eye level, warning the public against hunting, fishing, trespassing, dangerous animals, swimming, or the like. (Ord. of 7-28-2020)Sec. 74-1157.?Prohibited signs.Except as otherwise provided in this article, the following signs are prohibited: (1)Billboards and off-premises signs in areas zoned as residential. Additionally, all billboards and off-premises signs in permitted areas shall be erected no less than 500 feet apart from one another and no such signs shall be erected within 1,500 feet of any church, cemetery, school, historical site, or area zoned as a residential district. Billboards and off-premises signs shall be no larger than 300 square feet and may be double-faced. (2)Simulated traffic signs, any sign which may be confused with or obstruct the view of any authorized traffic sign or signal, a sign which imitates or approximates an official highway sign, or any sign which obscures a sign displayed by public authority for the purpose of giving traffic instruction or direction or other public information. (3)Glaring signs, flashing signs, or signs with light sources of such brightness as to constitute a hazard as determined by the zoning administrator. (4)Signs erected upon the roof of a structure in any zoning district that constitute a safety hazard as determined by the zoning administrator. (5)Any sign, except an official public notice, which is nailed, tacked, posted, or in any other manner attached to any tree, other natural vegetation, rock, utility pole, or structure supporting wire, cable, pipe, or to public property of any type. (6)Any sign that obstructs the vision of motorists or pedestrians at any intersection of any public right-of-way, obstructs the vision of motorists entering a public right-of-way from private property, or blocks any window, door, fire escape, or stairway. (7)Signs erected in or over a public right-of-way or public property. (8)Signs advertising activities or products that are illegal. (9)Signs which violate any provision of federal, state, town, or county regulations. (10)Large floating or stationary balloons that constitute a hazard as determined by the zoning administrator. (11)Signs attached, painted, or mounted to inoperative motor vehicles or inoperative trailers. (12)A-frames and portable roadside signs. (Ord. of 7-28-2020)Sec. 74-1158.?Nonconforming signs.Any sign which was lawfully in existence at the time of the effective date of the ordinance from which this article is derived which does not conform to the provisions of this article shall be deemed a nonconforming sign. No nonconforming sign shall be enlarged, extended, structurally reconstructed, or altered in any manner, except that such sign may be changed so long as the new sign face is equal to or reduced in size and a zoning permit is obtained. (Ord. of 7-28-2020)Sec. 74-1159.?Sign permit process.(a)Applicability. A zoning permit shall be required for every sign erected in the town except for those signs specifically excluded or exempted under this article. (b)Filing of application; permit fees. Applications for zoning permits for a sign shall be filed by the applicant or his agent with the zoning administrator, shall contain information required in this section and shall be accompanied by a fee as established from time to time by the town council. More than one sign may be included on one application provided that all such signs are applied for at the same time. (c)Information required. All applications for zoning permits for a sign shall contain or have the following information attached thereto in written or graphic form: (1)Name, address, and telephone number of the sign erector, sign owner, and owner of the property where the sign is to be located. A copy of the sign erector's license, if applicable, shall be provided with the application if not already on file with the zoning administrator. (2)Position of the sign in relation to adjacent lot lines, buildings, sidewalks, streets, and intersections including measurements of distance in relation to these items. (3)Type of sign and general description of structural design and materials to be used. (4)Purpose of the proposed sign. (5)Drawings of the proposed sign which shall contain specifications, where applicable, indicating the height, perimeter and area dimensions, means of support, method of illumination, colors, and any other significant aspect of the proposed sign. (6)Size and placement of all existing signs to remain on the property. (7)Any other information requested by the zoning administrator in order to carry out the purpose and intent of this article. (d)Conformance with district standards. All applications for a zoning permit for a sign must be in accordance with the sign standards and regulations approved for a particular zoning district. (e)Compliance with special use permit. All applications for a zoning permit for a sign for property upon which a permitted special or conditional use is located must be in accordance with the applicable permit. In the alternative, the applicant may apply for an amended permit. (f)Final inspection. A final inspection shall be completed by the zoning administrator after installation of an approved sign. Any discrepancies between the approved sign and the sign as constructed shall be identified and may result in the correction of the discrepancies, halt of construction, or the removal of the sign at the expense of the applicant. (g)Authority to revoke permit or approval. The zoning administrator may revoke a zoning permit or approval for a sign if it is found that there has been concealment or misrepresentation of material facts in either the application or construction plans. (h)Appeals. Any decision made by the zoning administrator in interpreting or enforcing this article may be appealed to the board of zoning appeals within 30 days of such decision. (Ord. of 7-28-2020)Sec. 74-1160.?Sign measurement rules.Sign area shall be calculated as follows: (1)The area of an attached sign where the sign consists of words, numerals, or symbols painted on or affixed to a wall or awning shall be the perimeter enclosing the extreme limits of each character and/or symbol. (2)The area of a suspended, attached, or projecting sign, where the letters, numerals, or symbols are on a sign surface which is hung or affixed to a structure, shall be the total area of the hung or affixed surfaces. (3)The area of a freestanding sign shall be the total area of all surfaces, excluding poles, visible from the public right-of-way or other point from which the sign is intended to be viewed. Only one display face shall be measured in computing the total sign area where the sign faces are arranged to be viewed one at a time. (4)The area of a V-shaped sign shall be the area of all surfaces legible from the public right-of-way or other point from which the sign is intended to be viewed. Only one face shall be measured if the angle of the sign is 45 degrees or less. (5)The zoning administrator shall determine the area of any sign not specifically provided for in this section, according to the principles contained in this section. (6)The area of signs shall include the area enclosing the face of the sign, including all frames or other components not otherwise used for support. (Ord. of 7-28-2020)Sec. 74-1161.?General sign standards.(a)The height of a sign shall be measured from the average elevation at the ground level base of the sign. (b)The setback shall be measured from the property boundary to the closest point of the sign. (c)No sign shall have more than two sign faces. (Ord. of 7-28-2020)Sec. 74-1162.?Illumination of signs.(a)Signs may be illuminated either through the use of backlighting or direct lighting provided the following standards are met: (1)Information on any illumination proposed as part of a sign must be provided by the applicant on the sign permit application. (2)No light from any illuminated sign shall cause direct glare into or upon any building other than the building to which the sign is related. (3)No light from any illuminated sign shall cause direct glare onto any adjoining piece of property or any adjoining public right-of-way. (4)In the case of indirect lighting, the source shall be so shielded that it illuminates only the face of the sign. (b)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. (Ord. of 7-28-2020)Sec. 74-1163.?Required sign clearance and placement.(a)Awning signs. Awning signs shall be securely attached to a building, must be at least eight feet above the sidewalk, project within one foot of the vertical placement of curbs, and in no way pose a risk of being damaged by a motor vehicle in a public right-of-way. (b)Attached signs. An attached sign shall not extend above the roof line of the building or structure to which it is attached. (c)Directional signs. A directional sign shall be located adjacent to curb cuts, at least three feet from the public right-of-way, with no more than one sign per one-way curb cut and two directional signs per two-way curb cut. (d)Projecting and suspended signs. Such signs may project from a building wall a maximum of 18 inches. (e)Freestanding signs. Such signs shall be located a minimum distance of ten feet from the edge of any public right-of-way if the public right-of-way is 50 feet or more in width. Where the public right-of-way is less than 50 feet in width, then such minimum distance shall be determined by the zoning administrator. Freestanding signs shall have a maximum height of eight feet. Freestanding signs shall be located within a landscaped area which includes vegetative materials such as shrubs, trees, or flowering plants. (Ord. of 7-28-2020)Sec. 74-1164.?Development standards for specific types of signs.All new signs and all existing signs which are replaced, reconstructed, or changed structurally or in content shall comply with the following development standards: (1)Ground-mounted or pylon sign development standards. Development standards for ground-mounted or pylon signs shall be as follows: a.Road frontage requirements. Ground-mounted signs shall be permitted only on zoning lots with 100 feet or more of road frontage. b.Clearance. Where a ground-mounted or pylon sign is located within 25 feet of a street, alley, or commercial entrance intersection, a minimum of nine feet clearance from the ground to the bottom of the sign shall be provided. c.Height. The maximum height of a ground-mounted or pylon sign shall be 20 feet. Higher signs shall require special permission from the zoning administrator. (2)Projecting sign development standards. Development standards for projecting signs shall be as follows: a.Frontage requirements shall be 18 feet of ground level frontage. b.Angle of projection shall be 90 degrees. c.Limit on projection shall be 18 inches. d.No sign shall project over a public right-of-way. e.Minimum clearance shall be nine feet. f.Maximum height shall be 14 feet, the bottom sill of any second story window or the lowest point of the roof, whichever is lowest. (3)Wall sign development standards. Development standards for wall signs shall be as follows: a.No wall sign shall cover, cross, or otherwise hide columns, belt courses, or other decorative architectural features of the building whenever possible. b.The maximum height of wall signs shall be 20 feet, to the height of the bottom sill of any second story window or the lowest point of the roof, whichever is lowest. c.Limit on projection shall be 12 inches. (4)Awning, canopy and marquee sign development standards. Development standards for awning, canopy, and marquee signs shall be as follows: a.The location shall be parallel to the face and not projecting above or below the face of the awning, canopy, or marquee. b.Limit on projection shall be to within one foot of the vertical placement of curbs but shall not interfere or obstruct either pedestrian or vehicular traffic. (5)Electronic, LED reader board, flashing, animated or illuminated signs. Development standards for Electronic, LED reader board, flashing, animated, or illuminated signs shall be as follows: a.The cyclical period of on-off phases of illumination or animation shall be greater than four seconds. b.The animated area shall be less than 25 square feet of area. c.Only one double-faced sign shall be allowed per establishment. d.All electronic, LED reader board, flashing, animated, or illuminated sign permit requests shall be approved by the zoning administrator. (Ord. of 7-28-2020)Sec. 74-1165.?Agricultural and residential zoning district permitted signs.(a)General regulations. General regulations for agricultural and residential zoning district permitted signs shall be as follows: (1)Minimum setback shall be ten feet from all public rights-of-way. (2)Signs may be illuminated by white light at the discretion of the zoning administrator. (b)Permitted uses. Signs in agricultural and residential zoning districts shall be allowed for permitted uses as follows: (1)Residential developments: Permanent subdivision or development identification signs indicating only the name and/or address of the premises. Such sign shall be ground-mounted and the maximum sign area shall be 40 square feet in area. (2)Institutional signs and bulletin boards: One per use, not to exceed 25 square feet in area or six feet in height. (3)Professional offices, nursing homes and bed and breakfast homes: One sign not to exceed 16 square feet per principal structure. (c)Signs for accessory uses. Signs in agricultural and residential zoning districts shall be allowed for accessory uses as follows: (1)Accessory management or rental offices: One sign up to eight square feet in area and four feet in height. (2)Other accessory uses: One sign up to six square feet in area and four feet in height. (Ord. of 7-28-2020)Sec. 74-1166.?Business and industrial zoning district permitted signs.(a)General regulations. General regulations for signs in business and industrial districts shall be as follows: (1)Any sign erected within 100 feet of any residential zoning district shall be nonilluminated and limited to 25 square feet in area. (2)Minimum setback of ground-mounted signs shall be five feet from any public right-of-way, service drive, or entrance. (b)Signs for individual businesses. A single business located on one zoning lot or a single business located on separate road frontages in business and industrial districts may erect signs as follows: (1)No business shall have more than two identification signs without approval of the zoning administrator. (2)Maximum size of signs: a.Wall or marquee sign: One square foot per linear foot of building frontage on which the sign is to be attached, up to a maximum of 60 square feet. b.Ground-mounted or monument-style signs: One square foot per four linear feet of lot frontage on which the sign is to be located, up to a maximum size of 60 square feet and a maximum height of 20 feet. c.Awning or canopy sign: One square foot per linear foot of the awning or canopy, up to ten square feet. d.Projecting sign: One square foot per linear foot of building frontage on which the sign is to be attached, up to 15 square feet. (c)Signs for a single zoning lot having two or more businesses. Multiple businesses located on a single zoning lot in business and industrial districts may erect signs as follows: (1)Maximum number of signs per zoning lot: Either one projecting sign or one ground-mounted sign on a street frontage. (2)Maximum number of signs per business: One except for a corner unit, where one sign per street frontage is permitted. (3)Maximum size of signs: Same as for individual businesses. (4)Directory sign: One up to 60 square feet in area and 20 feet in height. A ground-mounted directory sign precludes the use of any other ground-mounted sign on that same street frontage. (5)Wall sign: One per establishment having an individual outside entrance, located above entrances of individual establishments and harmonious with other wall signs as to color and lettering. The size shall be limited to one square foot per linear foot of building frontage for the establishment, up to a maximum of 60 square feet. (Ord. of 7-28-2020)Sec. 74-1167.?Signs for shopping, office and industrial centers.(a)Generally. Commercial, office, or industrial uses located within a shopping, office, or industrial center shall be authorized to erect signs based on the following: (1)Signs for individual establishments within such centers or parks shall be the same as for individual or multiple businesses, as appropriate. (2)Center identification sign shall consist of one ground-mounted or monument-style sign per street frontage, with an area of one square foot per four linear feet of lot frontage on which the sign is to be erected, up to a maximum of 60 square feet. The center identification sign shall display only the name and address of the center and establishments located therein. No other ground-mounted signs shall be permitted on that same road frontage within the center. Within an SC-1 district, due to its unique nature of development and multiple uses that can occur within the district, a departure from the provisions of this subsection may be made without destroying the intent of such provisions. Requests for any exception hereunder must be approved by the zoning administrator, and the basis for such exception shall be documented in writing. (Ord. of 7-28-2020)Sec. 74-1168.?Signs for automobile service stations and gasoline stations.In addition to all applicable regulations of this article, signs utilized by automobile service stations and gasoline stations shall: (1)Be authorized to include changeable fuel price signs indicating the current price of fuel dispensed on the premises; and (2)Be permitted a sign area upon pumps to identify the product dispensed. (Ord. of 7-28-2020)Sec. 74-1169.?Signs for which no zoning permit is required.Signs erected upon private property for a period of time no greater than 60 days in one calendar year that do not exceed a total area of 24 square feet and five feet in total height shall not require the issuance of a zoning permit. (Ord. of 7-28-2020)Sec. 74-1170.?Expiration and extension of sign permit.A zoning permit for a sign shall expire and become null and void if the approved sign is not completely erected within a period of six months from the date the permit was originally issued. The zoning administrator may grant one extension for a period of six months. Extensions may be granted only when the proposed sign is in compliance with all applicable regulations. (Ord. of 7-28-2020)Sec. 74-1171.?Special sign permits for designated commercial properties.The following provisions of this section shall apply to signs located within a B-2, B-3, or SC-1 zoning district that are located within 2,500 feet of the center of the median strip of the four-lane primary highway known as U.S. Route 460 from the West Virginia state line to the interchange with State Route 720 and shall be located no less than 100 feet from the nearest residential zoning district. (1)A special sign permit application; signage plan. A signage plan shall be submitted as part of any application for a special sign permit as authorized by this section. The signage plan shall be of sufficient detail to allow the zoning administrator to judge the compatibility of the proposed signage with the character of the special use and the surrounding neighborhood. At a minimum, all signage plans shall provide information on the general size, location, style, color, materials of all signs proposed, and scaled color copies of design/layout plans. In evaluating the special sign permit application, the zoning administrator shall consider the appropriateness of the proposed signage plan in relation to the character of the proposed development, and the surrounding area. (2)Issuance of special sign permit; conditions. Upon review and approval of the zoning administrator, a special sign permit may be issued to allow variances of the requirements of this article. One of the following conditions must be applicable: a.When the topography of the land would preclude visibility of permitted ground or wall signs from automobiles on nearby streets or highways serving the use as long as the sign is in general scale with the use and does not adversely affect adjacent or nearby property. b.When the location and/or size of nearby buildings and/or structures would preclude visibility of permitted ground or wall signs from automobiles on nearby streets or highways serving the use as long as the sign is in general scale with the use and does not adversely affect adjacent or nearby property. c.When the business can establish through longstanding prior practices that their business uses a standard size or shape for a distinct or trademark sign. (3)Issuance not guaranteed. Despite meeting the conditions in this section, the issuance of a special sign permit from the zoning administrator is not guaranteed. (Ord. of 7-28-2020)Sec. 74-1172.?General exceptions.The zoning administrator may authorize exceptions to the requirements described in this article so long as such exceptions and any conditions associated therewith, are approved in writing by the town manager. The basis for such exceptions shall be documented in writing. (Ord. of 7-28-2020)Sec. 74-1173.?Severability.If any section, provision, or portion of this article is held to be invalid by a court of competent jurisdiction, then that decision shall in no way affect the remaining sections, provisions, or portions of this article. The invalid section, provision, or portion thereof shall be severable. (Ord. of 7-28-2020)Secs. 74-1174—74-1194.?Reserved.CODE COMPARATIVE TABLE?1984 CODEThis table gives the location within this Code of those sections of the 1984 Code, as updated through October 28, 1996, which are included herein. Sections of the 1984 Code, as supplemented, not listed herein have been omitted as repealed, superseded, obsolete or not of a general and permanent nature. For the location of ordinances adopted subsequent thereto, see the table immediately following this table. 1984 Code Section Section? this Code 1-1—1-4 1-1—1-4 1-51-71-61-141-7, 1-81-9, 1-101-91-81-10, 1-111-12, 1-131-121-152-1 30-12-16 2-312-201, 2-2022-61, 2-622-471(a)— 2-471(c) 34-51—34-53 2-472, 2-473 34-54, 34-552-475—2-478 34-56—34-59 2-490.1— 2-490.12 34-81—34-92 2-491— 2-493 2-91—2-93 2-526— 2-530 2-111—2-115 2-541— 2-544 2-141—2-144 2-556— 2-559 2-171—2-174 2-571(a)— 2-571(y) 2-191—2-215 2-572(a)— 2-572(e) 2-241—2-245 2-573 2-2462-574—2-577 2-145—2-148 2-591 2-632-606— 2-609 2-271—2-274 2-621— 2-629 2-291—2-299 2-641, 2-642 2-321, 2-3222-656—2-662 2-341—2-347 2-663 2-3492-664 2-3523-15—3-19 6-31—6-35 3-26—3-30 6-61—6-65 4-110-14-2(a)— 4-2(l) 10-31—10-42 4-16 10-714-16.1 10-724-17, 4-18 10-73, 10-744-18.1 10-754-19 10-765-1—5-4 14-1—14-4 6-118-17-1—7-11 62-31—62-41 8-1, 8-2 26-1, 26-28-16 26-319-1—9-4 42-1—42-4 9-16—9-18 42-31—42-33 10-122-110-2—10-5 22-31—22-34 10-21—10-26 22-51—22-56 10-31, 10-3222-91, 22-9210-35—10-37 22-121—22-123 11-1 30-211-2, 11-3 6-1, 6-211-4(a)—11-4(c) 38-61—38-63 11-16, 11-17 30-31, 30-3211-31—11-33 30-61—30-63 11-46—11-52 30-91—30-97 11-66, 11-67 30-131, 30-13211-81—11-87 30-151— 30-15711-101— 11-104 30-191— 30-19411-121 30-22112-16—12-21 66-31—66-36 13-16—13-18 38-31—38-33 14-1—14-4 46-1—46-4 16-16—16-24 50-51—50-59 16-36, 16-37 50-91, 50-9216-37 50-9350-134, 50-13516-38(a)—(c) 50-9316-38(d) 50-9416-39—16-41 50-95—50-97 16-42 50-9750-9916-43 50-10016-46 50-10116-46(1)—(3) 50-10216-47—16-51 50-103—50-107 16-55 50-10816-71—16-77 50-131—50-137 16-78, 16-79 50-139, 50-14016-80 50-13816-81—16-84 50-141—50-144 16-96—16-99 50-171—50-174 16-100— 16-105 50-176— 50-18116-116— 16-123 50-211— 50-218 16-135, 16-136 50-251, 50-25216-138— 16-142 50-253— 50-25716-150, 16-151 50-291, 50-29216-151.1 50-29316-152— 16-160 50-294— 50-30216-170— 16-176 50-331— 50-33717-1—17-8 54-1—54-8 17-21—17-26 54-31—54-36 17-28 54-3717-61—17-68 54-71—54-78 17-69 22-91, 22-9217-70—17-72 54-201—54-203 17-73 54-8017-74 54-7917-75 54-8117-86, 17-87 54-101, 54-10217-101, 17-102 54-121, 54-12217-116 54-15117-126— 17-130 54-171—54-175 18-16, 18-17 58-31, 58-3218-18—18-21 58-54—58-57 18-23—18-25 58-51—58-53 18-26 58-3318-36—18-40 58-58—58-62 18-41—18-44 58-121— 58-12418-46—18-49 58-125— 58-12818-61—18-65 58-161— 58-16518-70—18-89 58-191— 58-21018-90—18-96 58-231— 58-23718-100— 18-107 58-261— 58-26818-110— 18-117 58-291— 58-29818-120— 18-135 58-321— 58-33618-140— 18-144 58-361— 58-36518-150— 18-167 58-391— 58-40818-220— 18-241 58-81—58-102 CODE COMPARATIVE TABLE?ORDINANCESThis table gives the location within this Code of those ordinances adopted since the 1984 Code, as updated through October 28, 1996, which are included herein. Ordinances adopted prior to such date were incorporated into the 1984 Code, as supplemented. Ordinances adopted since October 28, 1996, and not listed herein have been omitted as repealed, superseded or not of a general and permanent nature. Ord. of Section Section this Code ?2-23-1998 16-19 50-5416-21 50-56?7-13-1998 2-473 34-552-477 34-58?7-13-1998 2-471 34-5310-12-1998 12-17 66-32?4-26-1999 14-3, 14-446-3, 46-4?6-28-1999 9-18(a) 42-33?7-26-1999 17-21 54-3112-13-1999 18-51 58-129?6-12-2000 15-1 70-115-3 70-215-5 70-315-7 70-415-9 70-515-11 70-615-13 70-715-15 70-815-17 70-915-19 70-1015-21 70-1115-23 70-1215-100 70-3115-102 70-3215-104 70-3315-106 70-3415-108 70-3515-200 70-6115-202 70-6215-204 70-6315-300 70-8115-302 70-8215-304 70-8315-306 70-8415-308 70-8515-310 70-8615-400 70-11115-402 70-11215-404 70-11315-406 70-11415-408 70-11515-410 70-11615-412 70-11715-414 70-11815-500 70-14115-502 70-14215-504 70-14315-600 70-16115-602 70-162 15-604 70-163 15-606 70-164 15-608 70-165 15-610 70-166 15-612 70-167 15-614 70-168 15-616 70-169 15-618 70-170 15-620 70-171 15-700 70-19115-702 70-19215-704 70-19315-800 70-21115-802 70-21215-804 70-21315-806 70-21415-808 70-21515-1100 70-24115-1102 70-24215-1104 70-24315-1106 70-24415-1108 70-24515-1110 70-24615-1200 70-27115-1202 70-27215-1204 70-27315-1300 70-29115-1302 70-29215-1304 70-29315-1306 70-294Ord. of 6-12-2000 16-170—16-176 50-331—50-337 ?6-26-2000 20-1 74-1—74-3 20-5 74-420-10 74-3120-15 74-5120-20 74-5220-25(intro.) 74-7120-25(a)—20-25(h) 74-72—74-79 20-30 74-10120-35 74-5320-40(intro.) 74-12120-40(a)—20-40(h) 74-122—74-129 20-45 74-15120-50 74-520-55 74-720-60 74-620-100 74-78120-105 74-78220-110(a), 20-110(b) 74-801, 74-80220-115(a)— 20-115(c) 74-981— 74-98320-120(intro.) 74-100120-120(a)— 20-120(h) 74-1002— 74-100920-125(intro.) 74-103120-125(a)— 20-125(i) 74-1032— 74-104020-130(intro.) 74-109120-130(a)— 20-130(f) 74-1092— 74-109720-135(a), 20-135(b) 74-1121, 74-112220-140(intro.) 74-82120-140(a)- -20-140(c) 74-822—74-824 20-145 74-85120-150(a)— 20-150(c) 74-871— 74-87320-155(a)— 20-155(g) 74-891— 74-89720-160(a)— 20-160(g) 74-921— 74-92720-165(a)— 20-165(f) 74-951— 74-95620-200 74-115120-202 74-115220-204 74-115320-206 74-115420-208 74-115520-210 74-115620-212 74-115720-214 74-115820-216 74-115920-218 74-116020-220 74-116120-222 74-116220-224 74-116320-226 74-116420-228 74-116520-230 74-116620-232 74-116720-234 74-116820-236 74-116920-238 74-117020-240 74-117120-242 74-117220-244 74-117320-246 74-1174 20-400 74-18120-402(a)— 20-402(e) 74-182—74-186 20-404(a)— 20-404(c) 74-187—74-189 20-406(a)— 20-406(e) 74-190—74-194 20-408 74-19520-410 74-19620-412 74-19720-414 74-19820-416 74-19920-418 74-20020-420 74-20120-422 74-20220-500 74-23120-502 74-23220-504 74-23320-506 74-23420-508 74-23520-600 74-27120-602 74-27220-604 74-27320-700— 20-710 74-291— 74-30120-800— 20-810 74-321— 74-33120-900— 20-910 74-351— 74-36120-1000— 20-1010 74-381— 74-39120-1100— 20-1110 74-411— 74-42120-1200— 20-1211 74-441— 74-45220-1300 74-47120-1400— 20-1411 74-491— 74-50220-1500— 20-1510 74-521— 74-53120-1600— 20-1611 74-551— 74-56220-1700— 20-1705 74-581— 74-58620-1750— 20-1754 74-611— 74-61520-1800— 20-1811 74-641— 74-65220-1900— 20-1911 74-671— 74-68220-2000— 20-2009 74-701— 74-71020-2200 74-74120-2202 74-74220-2204 74-74320-2206 74-74420-2208 74-74520-2210 74-74620-2212 74-74720-2214 74-74820-2216 74-74920-2218 74-75020-2220 74-751?7-24-2000 6-118-116-190—16-192 50-411—50-413 ?8-28-2000 18-42 58-12218-44 58-12410-30-2000 16-190—16-192 50-411— 50-413?1-?8-2001 18-42 58-122?1-22-2001 54-31?2-26-2001 20-155(a)— 20-155(g) 74-891— 74-897?3-26-2001 16-71—16-73 50-131—50-133 16-74(a)—(e), (g) 50-13416-75 50-13516-77 50-13716-78, 16-79 50-139, 50-14016-80 50-13816-81—16-84 50-141—50-144 ?4-23-2001 16-38 50-9316-40 50-9616-42(a)—(f) 50-9816-42(g) 50-9916-46(4)—(6) 50-102?5-29-2001 20-160(a)— 20-160(g) 74-921— 74-92720-1700—20-1705 74-581—74-586 20-1750—20-1754 74-611—74-615 ?6-11-2001 20-155(a)— 20-155(g) 74-891— 74-897?6-25-2001 58-12118-44 58-12418-48 58-127?7-23-2001 17-1, 17-2 54-1, 54-217-9 54-917-62 54-7217-62(c) 54-7517-74 54-7917-87 54-10226-165(a)— 26-165(f) 74-951—74-956 ?8-13-2001 2-317-1—7-11 62-31—62-41 7-100—7-108 62-71—62-79 ?9-10-2001 15-15 70-820-1752 74-61310-22-2001 4-110-14-16.1 10-724-17 10-73?1-14-2002 18-44 58-124?6-10-2002 16-151 50-292?1-13-2003 16-180— 16-186 50-371—50-377 ?9-26-2005 Added 70-144Dltd 70-161—70-171 Added 70-161, 70-190?9-26-2005 74-441—74-452 10-10-2005 50-218 11-14-2005(1) Added 4-1—4-64 11-14-2005(2) 10-71, 10-73, 10-7611-14-2005(3) 74-123?2-27-2006(1) 30-194Added 30-195?2-27-2006(2) 50-52—50-55 ?4-24-2006 74-441—74-452 ?5-?8-2006 50-302(a), (b)(2) ?9-11-2006 22-121—22-123 Added 22-124—22-131 ?1-?8-2007 18-1?5-14-2007 74-1157(1) ?6-11-2007(1) 50-292?6-11-2007(2) 50-332?6-11-2007(3) 50-135?6-11-2007(4) 50-138?6-11-2007(5) 50-141?7-23-2007 66-32Added 74-522(10) Added 74-1052(l) 10-23-2007 10-75?1-28-2008 Added 1-1666-32?2-25-2008(1) Added 74-1055?2-25-2008(2) 74-4?2-25-2008(3) 74-122?6-?9-2008 2-147(a) ?9-?8-2008 Added 4-100?9-22-2008 10-71?1-12-2009 70-112?3-?9-2009 74-4, 74-1157(6) Added 74-1164(5) ?3-23-2009 74-122, 74-297, 74-327, 74-357, 74-387, 74-417, 74-447, 74-527, 74-557, 74-647, 74-677Added 74-899?4-27-2009 Added 62-42?5-12-2009 74-4?6-22-2009 Added 74-89812-14-2009 22-91, 22-9210-25-2010 Added 70-11911-?8-2010 74-4, 74-122?1-10-2011 74-741, 74-743, 74-745, 74-747—74-749 ?2-14-2011 54-35(d)(3) ?3-28-2011 10-71?5-?9-2011 74-51, 74-53?6-13-2011 50-372?7-25-2011 Added 58-135—58-141 10-10-2011(1) 74-410-10-2011(2) 74-35210-10-2011(3) 74-38210-10-2011(4) 74-41210-10-2011(5) 74-44210-10-2011(6) 74-49210-10-2011(7) 74-52210-10-2011(8) 74-45210-10-2011(9) 74-1001, 74-100611-14-2011 Added 18-211-28-2011 2-31?2-14-2012 62-71—62-89 ?7-12-2012 74-441, 74-442?8-28-2012(1) 74-583?8-28-2012(2) 74-61210-?9-2012 70-161, 70-19010-24-2012 10-71?1-22-2013 74-122?6-25-2013 Added 50-1?9-10-2013 Added 54-301—54-304 ?9-24-2013 74-92110-22-2013 38-61—38-69 ?2-11-2014(1) 50-211?2-11-2014(2) 50-212?2-11-2014(3) 50-215?2-11-2014(4) 50-217 ?4-22-2014 62-33?6-10-2014 38-32?6-24-2014 74-117310-14-2014 Added 2-120—2-122 10-24-2014 10-72(a), 10-75(c) 10-27-2014 74-122?7-28-2015(1) 6-33?7-28-2015(2) 6-35?1-26-2016 Added 34-93—34-95 ?4-26-2016 Added 4-150—4-157 ?8-?9-2016 Added 2-500—2-509 ?3-14-2017 Added 30-230—20-234 ?3-28-2017 38-61—38-71 ?6-27-2017 50-332?9-12-2017 Added 30-256—30-262 ?3-27-2018(1) 50-96?3-27-2018(2) Added 2-510?3-27-2018(3) Rpld 50-217, 50-218 ?3-27-2018(4) Added 50-109?3-27-2018(5) 50-214, 50-215?6-26-2018 50-292?7-10-2018 74-1164?7-14-2018 Added 74-1056—74-1064 11-27-2018(1) 4-1—4-9 11-27-2018(2) Added 2-531—2-542 ?2-12-2019(1) 14-4?2-12-2019(2) 66-31—66-39 ?2-12-2019(3) 10-31—10-40 ?3-26-2019(1) Added 74-720—74-728 ?3-26-2019(2) 74-441—74-452 ?7-23-2019(1) 22-54?7-23-2019(2) 22-127?9-24-2019 22-92?2-11-2020 Added 6-91—6-97 ?3-10-2020 10-71—10-76 ?7-28-2020 74-1151—74-1173 STATE LAW REFERENCE TABLEThis table shows the location within this Charter and Code, either in the text or notes following the text, of references to Code of Virginia. Code of Virginia Section? this Code 1.13-1 et seq. 1-2 1.13-3 1-2 1.13-3:1 1-2 1.13-6, 1.13-7 1-2 1.13-9 1-31.13-15, 1.13-16 1-2 1.13-23 1-2 1.13-28 1-2 tit. 1.16 1-102.2-1112 30-972.2-1840 2-932.2-3000 et seq. Ch. 34, Art. II, Div. 2 2.2-3100 2-3422.2-3100 et seq. 2-3412.2-3101 4-1562.2-3112(A)(2), (A)(3) 2-3432.2-3700 et seq. 2-1932.2-4300 et seq. Ch. 2, Art. V 2.2-4301 2-1432-2412-2452.2-4303(A) 2-1912.2-4303(D) 2-1922.2-4303(E), 2.2-4303(F) 2-145, 2-1462.2-4303(G), (H) 2-1472.2-4304 2-1442.2-4305 2-1922.2-4310(A) 2-3222.2-4310(B) 2-3212.2-4311 2-1942.2-4315, 2.2-4316 2-197, 2-1982.2-4317 2-1952.2-4317(B) 2-1932.2-4318 2-2052.2-4321 Ch. 2, Art. V, Div. 5 2.2-4330 2-2032.2-4333 2-2112.2-4336, 2.2-4337 2-199, 2-2002.2-4337 2-2122.2-4338 2-2152.2-4339 2-2002.2-4340, 2.2-4341 2-213, 2-2142.2-4342 2-1932.2-4357 2-2912.2-4359— 2.2-4363 2-293—2-297 2.2-4364 2-2992.2-4365 2-2982.2-4367 2-3412.2-4367 et seq. 2-1952.2-4368, 2.2-4369 2-342, 2-3432.2-4370 2-3452.2-4371(A) 2-3442.2-4371(B) 2-3462.2-4372— 2.2-4377 2-347—2-352 tit. 3.1 6-13.1-1 et seq. Ch. 6, Art. III 3.1-796.66 Ch. 6, Art. II 3.1-796.66 et seq. Ch. 63.1-796.85 6-323.1-796.93 6-313.1-796.94 6-13.1-796.94:1 Ch. 63.1-796.96 6-313.1-796.121 6-23.1-796.122 6-13.1-796.126:7 6-353.1-796.128 6-353.2-6500 6-933.2-6503 6-953.2-6543 6-926.1-44.1 et seq. 50-1716.1-44.15 et seq. 50-1716.1-100 50-1806.1-102 50-1806-1-444 74-4tit. 8.01 62-419.1-500 et seq. 34-5310.1-560 et seq. Ch. 62, Art. II 10.1-561 62-3662-3810.1-562 62-3510.1-564 62-3610.1-566 62-3810.1-568 62-4010.1-569 62-3962-4110.1-569.1 62-4110.1-600 et seq. Ch. 74, Art. VI 10.1-603.1 et seq. 62-7262-7310.1-603.2 Ch. 62, Art. III 10.1-603.3 62-7710.1-603.5 62-7310.1-603.12:2 62-8410.1-604 et seq. 62-3310.1-1100 et seq. 62-3362-7310.1-1163 62-7315.1-292 Ch. 58, Art. II 15.1-320 Ch. 58, Art. III 15.1-855, 15.1-856 Ch. 58, Art. III 15.1-875, 15.1-876 Ch. 58, Art. II, Ch. 58, Art. III 15.2-100 30-357 15.2-105 1-1615.2-900 6-9215.2-901 22-121—22-123 Ch. 4215.2-901 et seq. Ch. 22, Art. IV 15.2-904 Ch. 22, Art. III 15.2-904(A), 15.2-904(B) 22-91, 22-9215.2-906 Ch. 10, Art. II 10-3215.2-913 Ch. 38Ch. 38, Art. III 38-6215.2-915 Ch. 30, Art. VI 15.2-925 30-15115.2-926 30-22115.2-927 Ch. 42, Art. II 15.2-980 30-25715.2-1100 et seq. Ch. 215.2-1102 6-9230-23130-25715.2-1104 Ch. 5015.2-1111 Ch. 1415.2-1114 Ch. 3815.2-1115 Ch. 22Ch. 22, Art. II, Div. 2 22-3115.2-1117 Ch. 1015.2-1121 Ch. 1415.2-1428 Char. § 1015.2-1429 1-1530-25715.2-1432 1-1515.2-1433 1-11-12, 1-1315.2-1500 et seq. Ch. 34, Art. II 15.2-1502 1-2 15.2-1506 Ch. 34, Art. II, Div. 2 15.2-1507 34-5515.2-1508 34-9415.2-1512 2-9315.2-1527 2-9315.2-1530 2-9315.2-1700 2-5326-9230-23115.2-1719— 15.2-1721 2-632-50115.2-1812 30-9215.2-2000 et seq. Ch. 4615.2-2017 46-115.2-2028 Ch. 5415.2-2204 70-1274-615.2-2210 et seq. Ch. 6666-3115.2-2212 66-3215.2-2212— 15.2-2222 Ch. 66, Art. II 66-3115.2-2214, 15.2-2215 66-33, 66-3415.2-2217 66-3515.2-2221 66-3615.2-2223 66-3815.2-2240 et seq. Ch. 7070-170-515.2-2280 et seq. Ch. 7415.2-2295.1 74-89815.2-2308 74-18115.2-2308 et seq. Ch. 74, Art. III 15.2-2309 74-19515.2-2500 2-9115.2-2500 et seq. Ch. 2, Art. IV 15.2-2503 2-9215.2-2600 et seq. Ch. 2, Art. IV 15.2-4900 et seq. 4-115.2-4916 4-10015.2-5102 62-7315.2-15071(iv) 34-5115.2-15072, 15.2-15073 34-52, 34-5316.1-278 et seq. 54-118.2-1 et seq. Ch. 3018.2-9 1-1518.2-11 1-1518.2-30 et seq. Ch. 30, Art. III 18.2-57(A) 30-6118.2-77 et seq. Ch. 30, Art. IV 18.2-88 30-9618.2-134 30-9118.2-134.1 30-9118.2-137, 18.2-138 30-92, 30-9318.2-146, 18.2-147 30-94, 30-9518.2-247 et seq. Ch. 30, Art. VI 18.2-266 et seq. 54-118.2-280(A), (D) 30-19318.2-282 30-19218.2-308(A)—(C) 30-19118.2-308(D) 30-19118.2-308(J)(1) 30-19118.2-308(P) 30-19118.2-310 30-19118.2-322 30-218.2-324 30-9718.2-388 30-13218.2-403.1 6-118.2-404 et seq. Ch. 30, Art. V Ch. 30, Art. V, Div. 2 18.2-405— 18.2-407 30-152— 30-15418.2-409 30-3218.2-411, 18.2-412 30-155, 30-15618.2-414.1 30-15718.2-415 30-13118.2-427 30-6218.2-429 30-6318.2-434 et seq. Ch. 30, Art. II 18.2-438 et seq. 2-34118.2-446 et seq. 2-34118.2-460 30-3118.2-498 et seq. 2-34118.2-498.1 et seq. 2-19518.2-510 6-219.2-8 10-7510-7619.2-338 30-119.2-393 et seq. 22-5223-232 et seq. 30-19124.2-1 et seq. Ch. 1824.2-222 Ch. 1824.2-222.1 18-227-1 et seq. Ch. 2627-6.1 et seq. Ch. 26, Art. II 27-7 26-3127-14 54-727-94 et seq. Ch. 26tit. 29.1 6-129.1-100 et seq. Ch. 629.1-200 et seq. 30-19129.1-529 30-19530-140 4-732.1-167 et seq. Ch. 58, Art. II 32.1-167— 32.1-176 58-8436-70 et seq. 74-436-97 et seq. 10-7136-98 10-7236-99.11 54-7936-103 10-7236-105 Ch. 1022-5236-106(A), (C), (D) 10-76tit. 38.2 38-63tit. 46.2 54-146.2-100 22-9130-25854-346.2-100 et seq. Ch. 5446.2-111 54-12146.2-113 54-246.2-300 et seq. 54-8046.2-739(B) 54-7946.2-752 Ch. 50, Art. V 46.2-828 54-3346.2-830 54-646.2-905, 46.2-906 Ch. 54, Art. IV 46.2-1017, 46.2-1018 54-12146.2-1156 42-246.2-1200 et seq. 54-20146.2-1212 54-846.2-1213 Ch. 54, Art. V 54-20146.2-1214 54-20346.2-1220 Ch. 54, Art. III 46.2-1220, 46.2-1221 54-8046.2-1239 54-7246.2-1240 et seq. 54-7946.2-1241 54-7946.2-1300 54-246.2-1300— 46.2-1313 Ch. 5446.2-1301 54-3146.2-1303 54-946.2-1313 54-148-1 et seq. Ch. 2249-1 4-34-30 51.1-603 Ch. 34, Art. II, Div. 3 51.5-1 et seq. 54-7953.1-29 30-19154.1-400 et seq. 62-3362-7954.1-600 et seq. Ch. 3854.1-4000 et seq. Ch. 3854.1-4100 et seq. Ch. 3855-202 et seq. 6-6155-210.1 et seq. 2-632-50355-248.4 10-7655-248.21 10-7655.1-1200 10-7555.1-1234 10-7556-594 50-411tit. 58.1 50-25758.1-1 et seq. Ch. 5058.1-15 62-8858.1-1000 et seq. Ch. 50, Art. VII 58.1-1003 50-29158.1-1201— 58.1-1204 50-171— 50-17458.1-1204.1 50-17558.1-1205, 58.1-1206 50-176, 50-17758.1-1207 50-17958.1-1209 Ch. 50, Art. IV 50-17458.1-1211 50-17858.1-1215, 58.1-1216 50-180, 50-18158.1-1821, 58.1-1822 50-10258.1-2901 50-41258.1-3005 et seq. Ch. 5058.1-3210 Ch. 50, Art. II, Div. 2 58.1-3212 50-5458.1-3213(E) 50-5858.1-3215 50-5558.1-3220 4-1514-15658.1-3221 4-1514-15658.1-3230 et seq. 50-25158.1-3230— 58.1-3238 Ch. 50, Art. VI 58.1-3233, 58.1-3234 50-25258.1-3236 50-25258.1-3237 50-25558.1-3241 50-25558.1-3700 et seq. Char. § 15Ch. 50, Art. III 58.1-3701 50-92, 50-9358.1-3702 et seq. Ch. 50, Art. III 58.1-3703 50-10158.1-3703(2) 50-9858.1-3703(A) 50-13158.1-3703.1 50-9358.1-3703.1(1) 50-9650-13458.1-3703.1(4), 58.1-3703.1(5) 50-101, 50-10258.1-3703.1(6) 50-10058.1-3706 50-13950-14458.1-3706(A) 50-13758.1-3706(A)(1) 50-13458.1-3706(A)(2) 50-14158.1-3706(A)(3) 50-13558.1-3706(A)(4) 50-13858.1-3708, 58.1-3709 50-13958.1-3710 50-10558.1-3714 50-13458.1-3715 50-92, 50-9350-9650-13458.1-3716, 58.1-3717 50-143, 50-14458.1-3720 50-13358.1-3724 50-13358.1-3726 50-13658.1-3728 50-13258.1-3730 50-14258.1-3731 50-14058.1-3732— 58.1-3732.4 50-9458.1-3813, 58.1-3814 50-41258.1-3814(F), (G) 50-41258.1-3830 et seq. Ch. 50, Art. VII 58.1-3832 50-29758.1-3840 Ch. 50, Art. VII, Ch. 50, Art. VIII 58.1-3903 50-10158.1-3906 50-33758.1-3916 50-9858.1-3940 50-10158.1-3940 et seq. 22-12358.1-3958 50-158.1-3965 et seq. 22-12358.1-3984 50-101, 50-10258.1-3986 50-9358.1-3993 50-9358.1-8230 50-25259.1-68.6 et seq. 2-19559.1-270 et seq. 4-15159.1-538 et seq. 4-15162.1-44.2 et seq. 62-73 ................
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