AGENDA

COUNCIL OF THE TOWN OF WARRENTON

Tuesday, December 11, 2018

7:00 PM

1. CALL TO ORDER.
2. INVOCATION.
3. APPROVAL OF AGENDA.
4. CITIZENS TIME.
Comments should not be directed to Public Hearing items.

Citizens wishing to address the Council should provide their name and residential
address. Citizens' comments are limited to five (5) minutes unless a large number of
citizens wish to address the Council, in which case, the time limit must be reduced to
accommodate all who wish to address the Council.
5. PROCLAMATIONS AND RECOGNITIONS.
a. A Resolution Recognizing the Service of Mrs. Elizabeth “Bizz” Lineweaver to
the Citizens of the Town of Warrenton
6. HEAR FROM CENTER DISTRICT SUPERVISOR.
7. PUBLIC HEARING.
a. Ordinance 2018-08 - Meter and Service Rates
b. Ordinance 2018-09 - Comcast Agreement
c. Zoning Text Amendment (ZTA) 2018-01 - Mobile Food Vendor
d. Zoning Text Amendment (ZTA) 2018-02 - Signage Update of Article 6
8. CONSENT AGENDA.
Approval of Council Minutes
a. Draft Minutes - October 4, 2018
b. Draft Minutes - October 9, 2018
 c. Draft Minutes - October 30, 2018
d. Draft Minutes - November 8, 2018
e. Draft Minutes - November 13, 2018
Staff Reports
a. Parks and Recreation November Report
b. Police Department Report
c. Visitor Center Report
d. Public Works and Utilities Report
9. NEW BUSINESS.
a. Resolution to Amend the FY19 adopted Budget for an Interim Town Manager
b. Resolution to Amend the FY19 adopted Budget to fund an Executive Search
c. Resolution to Amend the FY19 adopted Budget to fund a Fire Inspector/Code
Enforcement Officer Position
d. Resolution Authorizing the Town Manager to Sign an Amendment - LFCC
Expansion Project*
e. Resolution to Update the Employee Handbook to follow the State of Virginia
Calendar
f. Appointment of Planning Commissioners and Architectural Review Board
Members
g. Appointment of PD9 Member
10. UNFINISHED BUSINESS.
a. Supplemental Funding Request for Small Business Assistance Grant Program
11. REPORTS AND COMMUNICATIONS.
a. Report from Finance Committee
b. Report from Public Safety and Transportation Committee
c. Report from Public Works and Utilities Committee
d. Report from Planning District 9 Representative
e. Report from Recreation Committee
f. Report from Liaison Committee Representative
g. Report from Interim Town Manager
12. COUNCILMEMBERS TIME.
13. ADJOURN.
 Town Council Meeting Item Number: 5.a.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Resolution-Bizz Lineweaver Resolution 11/19/2018
 A RESOLUTION RECOGNIZING THE SERVICE OF MRS. ELIZABETH “BIZZ”
LINEWEAVER TO THE CITIZENS OF THE TOWN OF WARRENTON

WHEREAS, Elizabeth Cassell Carter Lineweaver, “Bizz” died peacefully at the age of 97 on
October 24th in Lexington, Virginia. Born October 6, 1921 in Warrenton, Bizz was a beloved
wife, mother and daughter. Married to James Willard Lineweaver, “Bill” for 69 years until his
death in 2012; and,

WHEREAS, Bill served on Warrenton’s town council and was the Town’s Mayor for over two
decades, Bizz played a major role for the Town of Warrenton as well. The town truly valued and
relied on her good judgment and opinion; and,

WHEREAS, Bizz spearheaded many beautification projects in the town, including the planting
of the now mature trees on Broadview Avenue, Warrenton’s original bypass; and,

WHEREAS, Bizz was the owner of several buildings on Main Street and was determined to
keep downtown Warrenton a place where people would shop, dine and explore; and,

WHEREAS, Bizz was particularly proud of initiating negotiation that assured the post office
would remain on Main Street, where it is today. She felt this was her greatest gift to a town she
so truly loved.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Warrenton
does hereby express it collective appreciation and gratitude to Mrs. Elizabeth Cassell Carter
Lineweaver, “Bizz”, for her extraordinary dedication to better our community on behalf of the
Town’s past present and future citizens.

Carter Nevill
SEAL Mayor
Town of Warrenton
 Town Council Meeting Item Number: 7.a.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Leak Ordinance Draft Backup 11/26/2018
Material
 ORDINANCE 2018-08

AN ORDINANCE UPDATING AND AMENDING CHAPTER 17 “WATER AND SEWERS”,

ARTICLE II ENTITLED “METERS AND SERVICE RATES” SECTION 17-47 OF THE CODE
OF THE TOWN OF WARRENTON

WHEREAS, the Town Code allows for adjustments to customer water/sewer bills due to
underground leaks; and

WHEREAS, the Town Public Works and Utility Committee reviewed and recommended
approval and it is the desire of the Town Council to provide some adjustment to customers for leaks
inside of their building which have potentially caused economic hardship to a customer, and
NOW, THEREFORE, BE IT ORDAINED by the Town Council for the Town of Warrenton,
Virginia that Chapter 17, “Water and Sewers”, Article II entitled “Meters and Service Rates”, Section 17-
78 of the Code for the Town of Warrenton be, and it hereby is, amended and adopted to read in its
entirety as follows:

ARTICLE II, METERS AND SERVICE RATES

Sec. 17-47. Estimate of consumption through defective, etc., meter.
a) If any water meter at any time shall be found to have been tampered with or for any
reason shall fail to register or shall be found defective in registering since the last
previous reading, the water consumption for such period may be estimated by an average
of previous readings through the same or from future readings.
b) The town manager may adjust the bill for charges under this chapter where a leak has
developed underground on the premises of such user and an excessive use of water has
shown on the meter as a result of such leak which leak has been due to elements beyond
the control of the water user, but only after due compliance with section 17-78.

c) In the event of a loss of water due to an inside leak, resulting in a usage increase of at least
150% over their average usage, the customer can request a courtesy adjustment of 50% off
the excess charges for usage over their average usage. Only one courtesy adjustment per
customer, per 3 years, will be granted for inside leaks. Any known leaks must have been
repaired promptly and there must not be any ongoing leaks; it is to be verified by the
meter report if available and/or a meter check by the meter department.
1. Requests must be received in writing within 60 days of the billing for the
requested adjustment. Repairs must have been made within 30 days of
the billing for the high usage.
2. Requests must include an explanation for the high usage, and include
details of what was done to remedy the leak.
3. A maximum of two (2) months will be considered for adjustment.
4. Only one (1) adjustment per customer per three (3) years
5. Failure to repair leaks in a timely manner may result in termination of
service until repairs are made.
(Code 1981, § 19-33)
This Ordinance shall be effective immediately.
Adopted: ______________________________________
Voting For: _____________________________________
Voting Against: __________________________________

Elizabeth A. Gillie, Interim Town Recorder

 Town Council Meeting Item Number: 7.b.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Draft Ordinance 2018-09 Backup 12/10/2018
Material
Draft Franchise Agreement Backup 10/5/2018
Material
Franchise Agreement Presentation Presentation 12/5/2018
 ORDINANCE 2018-09

AN ORDINANCE UPDATING AND AMENDING ARTICLE I - ‘CABLE

TELEVISION SYSTEMS’ OF APPENDIX A – “FRACHISES” OF THE CODE OF
THE TOWN OF WARRENTON

WHEREAS, the Town Council has determined it is in the best interest and consistent
with convenience and necessity of the Town to grant Franchises to one or more companies
desiring to provide Cable Services within the confines of the Town and on the terms and
conditions hereinafter set forth, and as may later be amended, and as may be further described in
each Franchise Agreement; and
WHEREAS, the Town Council has further identified the purpose of this Ordinance to
be as follows:

1. To provide a procedure for the granting, renewal and transfer, by the Town
of Warrenton, of nonexclusive Franchises for providing Cable Services in the
Town;

2. To regulate the erection, construction, reconstruction, installation, operation,

maintenance, dismantling, testing, repair and use of Cable Systems in, upon,
along, across, above, over or under or in any manner connected with the
streets, public ways or public places within the jurisdiction of the Town of
Warrenton as now or in the future may exist;

3. To provide for the payment of certain Franchise Fees and other valuable
considerations to the Town.

4. To provide conditions under which such Franchised system or systems will

serve present and future needs of government, public institutions,
commercial enterprises, public and private organizations, and the citizens and
general public of the Town; and

5. To provide remedies and prescribe penalties for any violation of this

Ordinance for the violation of the terms and conditions of Franchises granted
pursuant thereto, now, therefore, be it

ORDAINED, by the Council of the Town of Warrenton, Virginia, this 11th day of
December, 2018, that in order to establish a procedure for the granting of cable television
franchises, transfers and renewals thereof and to establish rules and regulations governing the
operation of such systems thereof; and be it
FURTHER ORDAINED that the repeal provided in the preceding section of this
Ordinance shall not affect any offense or act committee of done or any penalty or forfeiture
incurred or any contract or right established or acquiring before the effective date of the
Ordinance; not shall it affect any prosecution, suit, or proceeding pending any judgment rendered
prior to the effective date of this Ordinance; nor shall it affect any right or franchise conferred by
ordinance or resolution of the Town or any person or corporation; and be it

FINALLY RESOLVED it is hereby declared to be the intention of the Town Council of

the Town of Warrenton, that the sections, paragraphs, sentences, clauses, and phrased of this
Ordinance hereby adopted are severable and if any phrase, clause, sentences, or paragraph
section of this ordinance is hereby adopted shall be declared unconstitutional or [otherwise]
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 ordinance hereby adopted.
FRANCHISING AND REGULATION CABLE
TELEVISION SYSTEMS
This Ordinance shall become effective upon its passage.

Adopted: __________________________________

Voting for: ________________________________

Voting against:

Elizabeth Gillie, Interim Town Recorder

 DRAFT 8/13/18

CABLE FRANCHISE AGREEMENT

BETWEEN

TOWN OF WARRENTON

AND

COMCAST OF CALIFORNIA/MARYLAND/PENNSYLVANIA/VIRGINIA/
WEST VIRGINIA, LLC
 TABLE OF CONTENTS

Section 1. Definition of Terms .................................................................................. 2

Section 2. Grant of Authority .................................................................................... 5
Section 3. Construction and Maintenance of the Cable System ............................... 6
Section 4. Service Obligations.................................................................................. 8
Section 5. Fees and Charges to Customers ........................................................... 10
Section 6. Customer Service Standards; Customer Bills; and Privacy Protection .. 10
Section 7. Oversight and Regulation by Franchise Authority.................................. 11
Section 8. Transfer or Change of Control of Cable System or Franchise ............... 15
Section 9. Insurance and Indemnity ....................................................................... 15
Section 10. System Description and Service ............................................................ 16
Section 11. Enforcement and Revocation Proceedings ........................................... 17
Section 12. Competitive Equity................................................................................. 21
Section 13. Public, Educational and Government Access ........................................ 22
Section 14. Performance………………………………………………………………….25
Section 15. Miscellaneous ....................................................................................... 25

Exhibit A: Customer Service Standards

1
 FRANCHISE AGREEMENT

This Franchise Agreement (hereinafter, the “Agreement” or “Franchise

Agreement”) is made between the Town of Warrenton, a political subdivision of
the Commonwealth of Virginia (hereinafter, “Town” or “Franchise Authority”) and
Comcast of California/Maryland/Pennsylvania/Virginia/West Virginia, LLC
(hereinafter, “Franchisee”).

The Town having determined that the financial, legal, and technical ability
of the Franchisee is reasonably sufficient to provide the services, facilities, and
equipment necessary to meet the future cable-related needs of the community,
desires to enter into this Franchise Agreement with the Franchisee for the
construction, operation, and maintenance of a Cable System on the terms and
conditions set forth herein.

SECTION 1 - Definition of Terms

For the purpose of this Franchise Agreement, capitalized terms, phrases,

words, and abbreviations shall have the meanings ascribed to them in the Code
of Virginia, Article 1.2, §15.2-2108.19, and the Cable Communications Policy Act
of 1984, as amended from time to time, 47 U.S.C. §§521 - 631 (the “Cable Act”),
unless otherwise defined herein. When not inconsistent with the context, words
used in the present tense include the future, words used to refer to the masculine
include the feminine, words in the plural number include the singular number,
and likewise, words in the singular number include the plural number. The word
“shall” is mandatory and “may” is permissive. Words not defined in the Code of
Virginia, Article 1.2, §15.2-2108.19, the Cable Act, or herein shall be given their
common and ordinary meaning.

1.1. “Cable Service” or “Service” shall mean the one-way transmission

to Subscribers of Video Programming or other Programming service and
Subscriber interaction, if any, which is required for the selection or use of such
Video Programming or other Programming service.

1.2. “Cable System” shall mean a facility, consisting of a set of closed

transmission paths and associated signal generation, reception, and control
equipment that is designed to provide Cable Service which includes Video
Programming and which is provided to multiple Subscribers within the Franchise
Area, and as further defined under Section 602 (7) of the Cable Act.

1.3. “Customer” or “Subscriber” shall mean a Person or user of the

Cable System who lawfully receives Cable Service therefrom with the
Franchisee’s express permission.

1.4. “Effective Date” shall mean ________________________ 2018.

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 1.5. “FCC” shall mean the Federal Communications Commission, or
successor governmental entity thereto.

1.6. “Franchise” shall mean the initial authorization, or renewal thereof,

issued by the Franchise Authority, whether such authorization is designated as a
franchise, agreement, permit, license, resolution, contract, certificate, ordinance
or otherwise, which authorizes the construction and operation of the Cable
System.

1.7. “Franchise Agreement” or “Agreement” shall mean this Agreement

and any amendments or modifications hereto.

1.8. “Franchise Area” shall mean the present legal boundaries of the
Town of Warrenton as of the Effective Date, and shall also include any additions
thereto, by annexation or other legal means during the term of the Franchise, as
per the requirements set forth herein.

1.9. “Franchise Authority” shall mean the Town of Warrenton or the

lawful successor, transferee, designee, or assignee thereof.

1.10. “Franchisee” shall mean Comcast of California/Maryland/

Pennsylvania/Virginia/West Virginia, LLC.

1.11. “Gross Revenue” shall mean revenue derived by the Franchisee

from the operation of the Cable System in the Franchise Area to provide Cable
Service, calculated in accordance with generally accepted accounting principles
(“GAAP”). Gross Revenue includes monthly basic cable, premium and pay-per-
view video fees, installation fees and subscriber equipment rental fees, and
commercial leased access fees. Gross Revenue shall not include program
launch support payments, revenue from advertising and home shopping,
refundable deposits, late fees, investment income, nor any taxes, franchise fees,
or other fees or assessments imposed or assessed by any governmental
authority. Gross Annual Revenues shall not include actual bad debt that is written
off, consistent with generally accepted accounting principles, provided however,
that all or any part of any such actual bad debt that is written off, but
subsequently collected, shall be included in the Gross Annual Revenues in the
period so collected.

1.12. “Normal Business Hours” shall mean those hours during which
most similar businesses in the community are open to serve customers. In all
cases, "normal business hours" must include some evening hours at least one
(1) night per week and/or some weekend hours.

1.13. “Normal Operating Conditions” shall mean those service conditions

which are within the control of the Franchisee. Those conditions which are not

3
within the control of the Franchisee include, but are not limited to, natural
disasters, civil disturbances, power outages, telephone network outages, and
severe or unusual weather conditions or other Force Majeure events. Those
conditions which are ordinarily within the control of the Franchisee include, but
are not limited to, special promotions, pay-per-view events, rate increases,
regular peak or seasonal demand periods, and maintenance or upgrade of the
cable system.

1.14. “Outage” shall mean the loss of picture or sound on one or more
cable channels.

1.15. “Person” shall mean any natural person or any association, firm,
partnership, joint venture, corporation, or other legally recognized entity, whether
for-profit or not-for profit, but shall not mean the Franchise Authority.

1.16. “Public Buildings” shall mean those buildings owned or leased by

the Franchise Authority for government administrative purposes, and shall not
include buildings owned by Franchise Authority but leased to third parties or
buildings such as storage facilities at which government employees are not
regularly stationed.

1.17. “Public Way” shall mean the surface of, and the space above and
below, any public street, highway, freeway, bridge, land path, alley, court,
boulevard, sidewalk, way, lane, public way, drive, circle, park, bridge, waterway,
dock, bulkhead, wharf, pier, other public ground or water subject to the
jurisdiction and control of the Franchise Authority, or other public right-of-way,
including, but not limited to, public utility easements, dedicated utility strips, or
easements dedicated for compatible uses and any temporary or permanent
fixtures or improvements located thereon now or hereafter held by the Franchise
Authority in the Franchise Area, which shall entitle the Franchisee to the use
thereof for the purpose of installing, operating, repairing, and maintaining the
Cable System. Public Way shall also mean any easement now or hereafter held
by the Franchise Authority within the Franchise Area for the purpose of public
travel, or for utility or public service use dedicated for compatible uses, and shall
include other easements or rights-of-way as shall within their proper use and
meaning entitle the Franchisee to the use thereof for the purposes of installing,
operating, and maintaining the Franchisee’s Cable System over poles, wires,
cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances,
attachments, and other property as may be ordinarily necessary and appurtenant
to the Cable System.

1.18. “Service Interruption” shall mean the loss of picture or sound on one
or more cable channels.

1.19. “Standard Installation” shall mean the standard one hundred

twenty-five foot (125’) aerial Drop connection to the existing distribution system.

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 1.20. “Town” shall mean the Town of Warrenton, Virginia.

1.21. “Video Programming” or “Programming” shall mean the

programming provided by, or generally considered comparable to programming
provided by, a television broadcast station.

1.22. “Video Service Provider” or “VSP” shall mean any entity using the
public rights-of-way to provide multiple Video Programming services to
subscribers, for purchase or at no cost, regardless of the transmission method,
facilities, or technology used. A VSP shall include but is not limited to any entity
that provides cable services, multi-channel multipoint distribution services,
broadcast satellite services, satellite-delivered services, wireless services, and
Internet-Protocol based services.

SECTION 2 - Grant of Authority

2.1. Franchise Grant. The Franchise Authority hereby grants to the

Franchisee under the Code of Virginia and the Cable Act a non-exclusive
Franchise authorizing the Franchisee to construct and operate a Cable System in
the Public Ways within the Franchise Area, and for that purpose to use, erect,
install, construct, repair, alter, add to, inspect, replace, reconstruct, maintain, or
retain in any Public Way such poles, wires, cables, conductors, ducts,
underground conduits, vaults, manholes, pedestals, amplifiers, appliances,
attachments, and, including but not limited to, above ground enclosures,
markers, and concrete pads, or other related property, equipment, or fixtures as
may be necessary, useful, or appurtenant to the Cable System, and to provide
such services over the Cable System as may be lawfully allowed.

2.2. Term of Franchise. The term of the Franchise granted hereunder

shall be twelve (12) years, commencing upon the Effective Date of the Franchise,
unless the Franchise is renewed or is lawfully terminated in accordance with the
terms of this Franchise Agreement, the Code of Virginia, and the Cable Act.

2.3. Renewal. Any renewal of this Franchise shall be governed by and

comply with the provisions of Article 1.2 of the Code of Virginia and Section 626
of the Cable Act [47 U.S.C. §546], as amended. The Town’s costs related to
renewal shall be borne by the Town or recovered out of payments made by
Franchisee via the Communications Tax or Franchise Fees under Section 7.1
herein.

2.4 Subject to federal and state preemption, the provisions of this

Franchise constitute a valid and enforceable contract between the parties. The
material terms and conditions contained in this Franchise may not be unilaterally
altered by the Franchising Authority through subsequent amendment to any

5
ordinance, rule, regulation, or other enactment of the Franchising Authority,
except in the lawful exercise of the Franchising Authority’s police power. If the
Town’s lawful exercise of its police powers materially alters the rights, benefits,
obligations, or duties of this Agreement, Franchisee and the Town shall modify
the provisions of this Agreement to minimize the negative effects on Franchisee
of the material alteration.

SECTION 3 - Construction and Maintenance of the Cable System

3.1. Permits and General Obligations. The Franchisee shall be

responsible for obtaining all generally applicable permits, licenses, or other forms
of approval or authorization prior to the commencement of any activity that
materially disturbs the surface of any street, curb, sidewalk or other public
improvement in the Public Way, or impedes vehicular traffic. The permit
requirements herein shall satisfy all notice and approval requirements to the
Town in connection with work completed in relation to the Cable System in the
Franchise Area. The issuance of such permits shall not be unreasonably
withheld, conditioned, or delayed. Construction, installation, and maintenance of
the Cable System shall be performed in a safe, thorough and reliable manner
using materials of good and durable quality. All work shall be done by the
Franchisee in accordance with FCC regulations. Notwithstanding the
requirements herein, Franchisee shall not be required to obtain a permit for
individual drop connections to Subscribers, servicing or installing pedestals or
other similar facilities, or other instances of routine maintenance or repair to its
Cable System. All transmission and distribution structures, poles, other lines,
and equipment installed by the Franchisee for use in the Cable System in
accordance with the terms and conditions of this Franchise Agreement shall be
located so as to minimize the interference with the proper use of the Public Ways
and the rights and reasonable convenience of property owners who own property
that adjoins any such Public Way.

3.2. Conditions of Street Occupancy.

3.2.1. New Grades or Lines. If the grades or lines of any Public

Way within the Franchise Area are lawfully changed at any time during the term
of this Franchise Agreement, then the Franchisee shall, upon reasonable
advance written notice from the Franchise Authority (which shall not be less than
thirty (30) business days) and at its own cost and expense, protect or promptly
alter or relocate the Cable System, or any part thereof, so as to conform with any
such new grades or lines. If public funds are available to any other user of the
Public Way for the purpose of defraying the cost of any of the foregoing, the
Franchise Authority shall notify Franchisee of such funding and make available
such funds to the Franchisee within a reasonable timeframe. In the event that
funds are not available, Franchisee reserves the right to pass its costs through to
its Subscribers in accordance with applicable law.

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 3.2.2. Relocation at Request of Third Party. The Franchisee shall,
upon reasonable prior written request of any Person holding a permit issued by
the Franchise Authority to move any structure, temporarily move its wires to
permit the moving of such structure; provided (i) the Franchisee may impose a
reasonable charge on any Person for the movement of its wires, and such
charge may be required to be paid in advance of the movement of its wires; and
(ii) the Franchisee is given not less than thirty (30) business days advance
written notice to arrange for such temporary relocation.

3.2.3. Restoration of Public Ways. If in connection with the

construction, operation, maintenance, or repair of the Cable System, the
Franchisee disturbs, alters, or damages any Public Way, the Franchisee agrees
that it shall at its own cost and expense replace and restore any such Public Way
to a condition reasonably comparable to the condition of the Public Way existing
immediately prior to the disturbance as is practical within twenty (20) business
days of completion of the work causing the disturbance. Upon failure of
Franchisee to comply within the time specified and the Town having notified
Comcast in writing of the restoration and repairs required, the Town may cause
proper restoration and repairs to be made and the expense of such work shall be
paid by Franchisee upon demand by the Town.

3.2.4. Safety Requirements. The Franchisee shall undertake all

necessary and appropriate commercial efforts to maintain its work sites in a safe
manner in order to prevent failures and accidents that may cause damage,
injuries or nuisances. All work undertaken on the Cable System shall be
performed in substantial accordance with applicable FCC or other federal and
state regulations. The Cable System shall not unreasonably endanger or
interfere with the safety of Persons or property in the Franchise Area.

3.2.5. Trimming of Trees and Shrubbery. The Franchisee shall

have the authority to trim trees or other natural vegetative growth encroaching or
overhanging any of its Cable System in the Franchise Area so as to prevent
contact with the Franchisee’s wires, cables, or other equipment. All such
trimming shall be done at the Franchisee’s sole cost and expense. The
Franchisee shall be responsible for any collateral, direct real property damage
caused by such trimming.

3.2.6. Aerial and Underground Construction. At the time of Cable

System construction, if all of the transmission and distribution facilities of all of
the respective public or municipal utilities in any area of the Franchise Area are
underground, the Franchisee shall place its Cable System transmission and
distribution facilities underground, provided that such underground locations are
actually capable of accommodating the Franchisee’s cable and other equipment
without technical degradation of the Cable System’s signal quality. In any
region(s) of the Franchise Area where the transmission or distribution facilities of

7
the respective public or municipal utilities are both aerial and underground, the
Franchisee shall have the discretion to construct, operate, and maintain all of its
transmission and distribution facilities, or any part thereof, aerially or
underground. Nothing in this Agreement shall be construed to require the
Franchisee to construct, operate, or maintain underground any ground-mounted
appurtenances such as customer taps, line extenders, system passive devices,
amplifiers, power supplies, pedestals, or other related equipment.

3.2.7. Undergrounding and Beautification Projects. In the event all

users of the Public Way relocate aerial facilities underground as part of an
undergrounding or neighborhood beautification project, Franchisee shall
participate in the planning for relocation of its aerial facilities contemporaneously
with other utilities. Franchisee’s relocation costs shall be included in any
computation of necessary project funding by the Franchise Authority or private
parties. Franchisee shall be given reasonable notice and access to the public
utilities’ facilities at the time that such are placed underground and shall be
entitled to reimbursement of its relocation costs from public or private funds
raised for the project and made available to other users of the Public Way. In the
event that public and/or private funds are not available or do not cover the entire
direct and actual cost of the relocation, Franchisee reserves the right to pass its
costs, or in the case of partial reimbursement from public and/or private funds its
incremental cost, through to its Subscribers in accordance with applicable law.

3.2.8. Emergency Removal. The Town reserves the right to remove

any portion of a Franchisee's equipment and facilities as may be required in any
emergency as determined by the Town. The Town shall use reasonable efforts to
minimize the impact on Franchisee’s facilities related to any emergency removal.
Franchisee shall not be liable for interruption of Cable Service related to any
such removal. Franchisee shall be entitled to compensation for expenses
incurred for replacement or repair related to any emergency removal by the Town
to the extent that other users of the Public Way are so compensated.

3.2.9. Joint Trenching. Franchisee shall cooperate in the planning,

locating and construction of its Cable System in utility joint trenches or common
duct banks with other telecommunications providers. The Franchise Authority will
provide advance notice to Franchisee when it plans to open a trench and
Franchisee shall provide notice to the Town, in the form of any required permit
under Section 3.1 herein, when it plans to open a trench.

SECTION 4 - Service Obligations

4.1. General Service Obligation. The Franchisee shall make Cable

Service available to every occupied residential dwelling unit within the Franchise
Area where the minimum density is at least thirty (30) occupied residential
dwelling units per mile with aerial cable or sixty (60) residential occupied dwelling

8
units per mile with underground cable and is within one (1) mile as measured in
strand footage from the nearest point on the Cable System trunk or feeder line
from which a usable cable signal can be obtained. For purposes of this section,
a home shall only be counted as a “dwelling unit” if such home is within two
hundred seventy-five (275) feet of the public right of way. Subject to the density
requirement, Franchisee shall offer Cable Service to all new homes or previously
unserved homes located within one hundred and fifty (150) feet of the
Franchisee’s distribution cable at the standard installation rate. Should, through
new construction, an area within the Franchise Area meet the density
requirements, Franchisee shall provide Cable Service to such area within one (1)
year after it confirms that the density requirements have been met following
notice from the Franchise Authority that one (1) or more residents has requested
Service.

The Franchisee may elect to extend Cable Service to areas that do not
otherwise qualify to receive Cable Service under this section if any resident or
group of residents agree in writing to pay to Franchisee the cost of construction,
including materials, labor, and the total cost of any easement(s) necessary to
accomplish the proposed line extension. One half of the cost of construction
shall be paid to the Franchisee prior to engineering and the balance shall be paid
prior to commencement of construction.

4.2. Programming. The Franchisee shall offer to all Customers a

diversity of Video Programming services in accordance with federal law.

4.3. No Unfair Discrimination. Neither the Franchisee nor any of its

employees, agents, representatives, contractors, subcontractors, or consultants,
nor any other Person, shall discriminate or permit discrimination between or
among any Persons in the availability of Cable Services provided in connection
with the Cable System in the Franchise Area; provided, however, Franchisee
reserves the right to deny service for good cause, including but not limited to
non-payment or theft of service, vandalism of equipment, or documented or
founded harassment or abuse of Franchisee’s employees or agents. It shall be
the right of all Persons to receive all available services provided on the Cable
System so long as such Person’s financial or other obligations to the Franchisee
are satisfied. Nothing contained herein shall prohibit the Franchisee from
offering bulk discounts, promotional discounts, package discounts, or other such
pricing strategies as part of its customary business practice.

4.4. New Developments. The Franchise Authority shall provide the

Franchisee with written notice of the issuance of building or development permits
for planned developments within the Franchise Area requiring undergrounding of
cable facilities. The Franchise Authority agrees to require the developer, as a
condition of issuing the permit, to give the Franchisee access to open trenches
for deployment of cable facilities and at least fifteen (15) business days written
notice of the date of availability of open trenches.

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 4.5. Prohibition Against Reselling Service. No Person shall sell, offer
for sale, or resell, without the express prior written consent of the Franchisee,
any Cable Service, program or signal transmitted over the Cable System by the
Franchisee.

4.6. Local Office. Franchisee’s business office or service center shall

be conveniently located and open during Normal Business Hours to (i) accept
payments and resolve billing difficulties; (ii) give out and exchange or accept
returned converters; (iii) schedule service or technician calls; (iv) answer
Subscriber inquiries; (v) and resolve complaints. Franchisee may also provide
additional bill payment locations through cooperative arrangements with banks,
shopping centers and/or similar facilities. Subscribers shall be notified of any
change of address of such business office in accordance with FCC regulations.

SECTION 5 - Fees and Charges to Customers

5.1. All rates, fees, charges, deposits and associated terms and
conditions to be imposed by the Franchisee or any affiliated Person for any
Cable Service as of the Effective Date shall be in accordance with applicable
FCC rate regulations. Franchisee shall provide thirty (30) days’ notice before any
new or modified rate, fee, or charge is imposed. The Franchisee shall follow the
applicable FCC notice requirements and rules and notify affected Customers,
which notice may be by any means permitted under applicable federal or state
law.

SECTION 6 - Customer Service Standards; Customer Bills; and Privacy

Protection

6.1. Customer Service Standards. The Franchise Authority hereby

adopts the customer service standards set forth in Part 76, §76.309 of the FCC’s
rules and regulations, as amended. The Franchisee shall comply in all respects
with the customer service requirements established by the FCC and those
included in Exhibit A herein.

6.2. Customer Bills. Customer bills shall be designed in such a way as

to present the information contained therein clearly and comprehensibly to
Customers, and in a way that (i) is not misleading and (ii) does not omit material
information. Notwithstanding anything to the contrary in Section 6.1, above, the
Franchisee may, in its sole discretion, consolidate costs on Customer bills as
may otherwise be permitted by Section 622 (c) of the Cable Act [47 U.S.C. §542
(c)].

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 6.3. Privacy Protection. The Franchisee shall comply with all applicable
federal and state privacy laws, including Section 631 of the Cable Act and
regulations adopted pursuant thereto, including the sale or use of Subscriber lists
and the monitoring of Subscriber use of the Cable Service.

SECTION 7 - Oversight and Regulation by Franchise Authority

7.1. Communications Tax. In satisfaction of any franchise fee or other

Public Way use fee, Franchisee shall comply with the provisions of Section 58.1-
645 et seq. of the Code of Virginia, pertaining to the Virginia Communications
Sales and Use Tax, as amended.

7.1.1 Franchise Fee. In the event that the Communications Tax is

repealed and no successor state or local tax is enacted that would constitute a
franchise fee for purposes of 47 U.S.C. § 542, Franchisee shall pay to the Town
a Franchise Fee of five percent (5%) of annual Gross Revenue received from the
operation of the Cable System to provide Cable Service in the Franchise Area,
beginning sixty (60) days from the effective date of the repeal of such tax (the
"Repeal Date"); provided, however, that Franchisee shall not be compelled to
pay any higher percentage of franchise fees than any other cable operator
providing service in the Franchise Area. Beginning on the Repeal Date, the terms
of Section 7.1.1 and 7.1.2 of this Agreement shall take effect. In accordance with
Title VI of the Act, the twelve (12) month period applicable under the Franchise
for the computation of the Franchise fee shall be a calendar year. Such
payments shall be made no later than forty five (45) days following the end of
each calendar quarter. Should Franchisee submit an incorrect amount,
Franchisee shall be allowed to add or subtract that amount in a subsequent
quarter, but no later than ninety (90) days following the close of the calendar year
for which such amounts were applicable. Each franchise fee payment shall be
accompanied by a report prepared by a representative of the Franchisee
showing the basis for the computation of the Franchise Fees paid during that
period. In the event that any Franchise Fee payment is not made on or before the
date by which it is due, and following notice by the Town to Franchisee, interest
shall be calculated at the then-current prime rate, as published by the Wall Street
Journal, and shall be added to the amount of Franchise Fee revenue due to the
Town.

7.1.2. Franchise Fees Subject to Audit.

7.1.2.1. Upon notice pursuant to Section 15.2 herein, during

Normal Business Hours at Franchisee’s principal business office, the
Franchising Authority shall have the right to inspect the Franchisee’s
financial records used to calculate the Franchising Authority’s franchise
fees; provided, however, that any such inspection shall take place within

11
 two (2) years from the date the Franchising Authority receives such
payment, after which period any such payment shall be considered final.

7.1.2.2. Upon the completion of any such audit by the

Franchising Authority, the Franchising Authority shall provide to the
Franchisee a final report setting forth the Franchising Authority’s findings
in detail, including any and all substantiating documentation. In the event
of an alleged underpayment, the Franchisee shall have thirty (30) days
from the receipt of the report to provide the Franchising Authority with a
written response agreeing to or refuting the results of the audit, including
any substantiating documentation. Based on these reports and
responses, the parties shall agree upon a “Final Settlement Amount.” For
purposes of this Section, the term “Final Settlement Amount(s)” shall
mean the agreed upon underpayment, if any, to the Franchising Authority
by the Franchisee as a result of any such audit. If the parties cannot
agree on a “Final Settlement Amount,” the parties shall submit the dispute
to a mutually agreed upon mediator within sixty (60) days of reaching an
impasse. In the event an agreement is not reached at mediation, either
party may bring an action to have the disputed amount determined by a
court of law.

7.1.2.3. Any “Final Settlement Amount(s)” due to the

Franchising Authority as a result of such audit shall be paid to the
Franchising Authority by the Franchisee within thirty (30) days from the
date the parties agree upon the “Final Settlement Amount.” Once the
parties agree upon a Final Settlement Amount and such amount is paid by
the Franchisee, the Franchising Authority shall have no further rights to
audit or challenge the payment for that period. The Franchising Authority
shall bear the expense of its audit of the Franchisee’s books and records.

7.2. Oversight of Franchise. In accordance with applicable law, the

Franchise Authority shall have the right to, at its sole cost and expense and upon
reasonable prior written notice and in the presence of Franchisee’s employee,
periodically inspect the construction and maintenance of the Cable System in the
Franchise Area as necessary to monitor Franchisee’s compliance with the
provisions of this Franchise Agreement.

7.3. Technical Standards. The Franchisee shall comply with all

applicable technical standards of the FCC as published in subpart K of 47 C.F.R.
§ 76.601 et seq. To the extent those standards are altered, modified, or
amended during the term of this Franchise, the Franchisee shall comply with
such altered, modified or amended standards within a commercially reasonable
period after such standards become effective. The Franchise Authority shall
have, upon written request, the right to obtain a copy of tests and records
required to be performed pursuant to the FCC rules. The Town may request that

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tests and analyses be supervised by a qualified engineer selected by the Town.
The cost of any such engineer shall be the responsibility of the Town.

7.4. Maintenance of Books, Records, and Files.

7.4.1. Books and Records. Throughout the term of this Franchise

Agreement, the Franchisee agrees that the Franchise Authority may review the
Franchisee’s books and records in the Franchise Area as are reasonably
necessary to monitor Franchisee’s compliance with the provisions of this
Franchise Agreement, upon reasonable prior written notice to the Franchisee
pursuant to this Agreement, at the Franchisee’s business office, during Normal
Business Hours, and without unreasonably interfering with Franchisee’s business
operations. All such documents that may be the subject of an inspection by the
Franchise Authority shall be retained by the Franchisee for a minimum period of
twenty-four (24) months.

7.4.2. File for Public Inspection. Throughout the term of this

Franchise Agreement, the Franchisee shall maintain at its business office, in a
file available for public inspection during normal business hours, those
documents required pursuant to the FCC’s rules and regulations.

7.4.3. Proprietary Information. Notwithstanding anything to the

contrary set forth in this Section, the Franchisee shall not be required to disclose
information which it reasonably deems to be proprietary or confidential in nature.
The Franchise Authority agrees to treat any information disclosed by the
Franchisee as confidential and only to disclose it to those employees,
representatives, and agents of the Franchise Authority that have a need to know
in order to enforce this Franchise Agreement and who agree, through the
execution of a non-disclosure agreement, to maintain the confidentiality of all
such information. The Franchisee shall not be required to provide Customer
information in violation of Section 631 of the Cable Act or any other applicable
federal or state privacy law. For purposes of this Section, the terms “proprietary
or confidential” include, but are not limited to, information relating to the Cable
System design, maps, customer lists, marketing plans, financial information
unrelated to the calculation of franchise fees or rates pursuant to FCC rules, or
other information that is reasonably determined by the Franchisee to be
competitively sensitive. Franchisee may make proprietary or confidential
information available for inspection, but not copying or removal of information by
the Franchise Authority’s representative. In the event that the Franchise
Authority has in its possession and receives a request under a state “sunshine,”
public records, or similar law for the disclosure of information the Franchisee has
designated as confidential, trade secret or proprietary, the Franchise Authority
shall notify Franchisee of such request and cooperate with Franchisee in
opposing such request.

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 7.4.4. Reports. Upon written request no later than thirty (30) days
following the end of a calendar year, Franchisee shall provide the Franchise
Authority, on or before June 30th, an annual report related to the customer
service metrics and standards contained in this Agreement, and the outages that
occurred, for the previous year. The Franchise authority recognizes that
Franchisee complies with the provisions of Section 58.1-645 et seq. of the Code
of Virginia, pertaining to the Virginia Communications Sales and Use Tax, as
amended, and therefore shall not report an annual statement of gross revenues.
Upon written request, such reports shall be signed by a representative of the
Franchisee certifying compliance with the customer service metrics and
standards contained in this Agreement. Any reports provided under this
Franchise shall be considered confidential and proprietary information and shall
not be made publicly available by the Town except in accordance with this
Agreement. Franchisee shall have no obligation to submit quarterly reports.

(a) If the annual report certification indicates areas of

non-compliance, upon written request, Franchisee shall file with the
Franchise Authority a statement indicating areas of non-compliance along
with a remedial plan to correct areas those areas of non-compliance.

7.4.5. Maps. Upon written request no later than thirty (30) days
following the end of a calendar year, Franchisee shall provide the Franchise
Authority, on or before March 31st, updated strand maps showing the Cable
System equipment installed and in place. The maps shall be provide to the
Franchise Authority in electronic format if available. The requirements herein
shall satisfy all requirements related to the provision of maps to the Town in
connection with work completed in relation to the Cable System in the Franchise
Area.

7.5. Performance Evaluation Sessions. A performance evaluation

session may be held a maximum of once every three (3) years by the Town
during the term of this Franchise.

7.5.1. All evaluation sessions shall be open to the public.

Franchisee shall receive ninety (90) days prior written notice of an evaluation
session. The purpose of said evaluation session shall be to review the
Franchisee’s compliance with the terms and conditions of the Franchise.

7.5.2. During review and evaluation by the Town, the Franchisee

shall fully cooperate with the Town and/or its designee(s), and subject to the
confidentiality provisions of this Franchise, produce such documents or other
materials relevant to such evaluation as are reasonably requested by the Town.
Topics which may be discussed at any evaluation session may include, but are
not limited to, compliance with technical standards, construction standards,
consumer protection standards, customer service standards and financial
reporting.

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 7.5.3. Within sixty (60) days after the conclusion of such
session(s), the Town shall issue a written report with respect to the Franchisee’s
compliance. If noncompliance is found which could result in a violation of any of
the material provisions of the Franchise, in accordance with §11.1, the
Franchisee shall respond and propose a plan for implementing any changes or
improvements necessary.

7.5.2. All evaluation sessions shall be announced in accordance

with the legal notice requirements of similar public meetings in the Town. The
Franchisee shall not be required to notice Subscribers on evaluation sessions.

7.6. Rate Regulation. The Town reserves its right to regulate rates to
the extent permitted by applicable law.

SECTION 8 - Transfer or Change of Control of Cable System or Franchise

8.1. Neither the Franchisee nor any other Person may transfer the
Cable System or the Franchise without prior written notice to the Franchise
Authority. No prior notice shall be required, however, for: (i) a transfer in trust, by
mortgage, hypothecation, or by assignment of any rights, title, or interest of the
Franchisee in the Franchise or in the Cable System in order to secure
indebtedness, (ii) a transfer to an entity directly or indirectly owned or controlled
by Comcast Corporation, or (iii) the sale, conveyance, transfer, exchange or
release of fifty percent (50%) or less of its equitable ownership. Within thirty (30)
days of receiving a notice of transfer, the Franchise Authority may, in accordance
with FCC rules and regulations, notify the Franchisee in writing of the additional
information, if any, it requires regarding the legal, financial, and technical
qualifications of the transferee or new controlling party. The Town shall have no
right of first refusal related to any sale of the Cable System.

SECTION 9 - Insurance and Indemnity

9.1. Insurance. Throughout the term of this Franchise Agreement, the

Franchisee shall, at its own cost and expense, maintain Commercial General
Liability Insurance and provide the Franchise Authority certificates of insurance
designating the Franchise Authority and its officers, boards, commissions,
councils, elected officials, and employees as additional insureds and
demonstrating that the Franchisee has obtained the insurance required in this
Section. Such policy or policies shall be in the minimum amount of One Million
Dollars ($1,000,000.00) per occurrence for bodily injury or property damage. The
Franchisee shall provide workers’ compensation coverage in accordance with
applicable law. All policies of insurance required by this Section shall be placed
with companies which are qualified to write insurance in the Commonwealth of

15
Virginia and which maintain throughout the police term a Rating of “A-:VII” as
determined by Best Insurance Rating Services. Franchisee shall provide thirty
(30) days’ notice to the Town in the event of a material change to any policy
required under this Section or in the event of cancellation or non-renewal of any
such policy, unless a replacement policy is obtained in conformance with this
Section. The notice requirement herein shall replace any similar endorsement
requirement in such policies.

9.2. Indemnification. The Franchisee shall indemnify, defend and hold

harmless the Franchise Authority, its officers and employees acting in their
official capacities from and against any liability or claims resulting from property
damage or bodily injury (including accidental death) that directly arise out of the
Franchisee’s construction, operation, maintenance, or removal of the Cable
System, including, but not limited to, reasonable attorneys’ fees and costs,
provided that the Franchise Authority shall give the Franchisee timely written
notice of its obligation to indemnify and defend the Franchise Authority within ten
(10) business days of receipt of a claim or action pursuant to this Section. The
Franchise Authority agrees that it will take all necessary action to avoid a default
judgment and not prejudice the Franchisee’s ability to defend the claim or action.
If the Franchise Authority determines that it is necessary for it to employ separate
counsel, the costs for such separate counsel shall be the responsibility of the
Franchise Authority.

9.2.1 Franchisee shall not be required to indemnify the Franchise

Authority for negligence or misconduct on the part of the Franchise Authority or
its officials, boards, commissions, agents, or employees, including and loss or
claims related to PEG access Channels in which the Franchise Authority or its
designee participates, subject to applicable law.

SECTION 10 - System Description and Service

10.1. System Capacity. During the term of this Agreement, the

Franchisee’s Cable System shall be capable of providing Video Programming
with reception available to its customers in the Franchise Area in accordance
with the Cable Act.

10.2. Cable Service to School Buildings. Upon request, the Franchisee

shall provide, at no cost to the Franchise Authority, Basic Cable Service and
Standard Installation at one (1) outlet to each public grade school (K-12) building,
not including “home schools,” located in the Franchise Area within one hundred
fifty (150) feet of the Franchisee’s distribution cable. No charge shall be made
for installation or service, except that Franchisee may charge for installation
beyond one hundred fifty (150) feet distance of the cable plant and service for
more than one (1) drop in each building. For the purposes of this section, the
term “school” means an educational institution that receives funding pursuant to

16
Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301
et seq., as amended, and does not include “home schools.”

10.3. Cable Service to Governmental and Institutional Facilities. Upon

request, the Franchisee shall provide, at no cost to the Franchise Authority, Basic
Cable Service and Standard Installation at one outlet to each Public Building
located in the Franchise Area within one hundred fifty (150) feet of the
Franchisee’s distribution cable. No charge shall be made for installation or
service, except that Franchisee may charge for installation beyond one hundred
fifty (150) feet distance of the cable plant and service for more than one (1) drop
in each building. Public Buildings are those buildings owned or leased by the
Franchise Authority for government administrative purposes, and shall not
include buildings owned by Franchise Authority but leased to third parties or
buildings such as storage facilities at which government employees are not
regularly stationed.

10.4. Use of Facilities. Neither the Town or and third parties shall have the
right to install and maintain upon any poles or in any conduit owned by the
Franchisee any wires, pole fixtures, or other equipment.

SECTION 11 - Enforcement and Revocation Proceedings

11.1. Notice of Violation or Default and Opportunity to Cure. In the event

the Franchise Authority believes that the Franchisee has not complied with the
material terms of the Franchise, including the certification requirements under
Section 7.4.4(a) herein, it shall notify the Franchisee in writing with specific
details regarding the exact nature of the alleged non-compliance or default.

11.1.1. Franchisee’s Right to Cure or Respond. The Franchisee

shall have forty-five (45) days from the receipt of the Franchise Authority’s written
notice: (i) to respond to the Franchise Authority, contesting the assertion of non-
compliance or default; or (ii) to cure such default; or (iii) in the event that, by
nature of the default, such default cannot be cured within the forty-five (45) day
period, initiate commercially reasonable steps to diligently remedy such default
and notify the Franchise Authority of the steps being taken and the projected
date that the cure will be completed.

11.1.2. Public Hearings. In the event the Franchisee fails to

respond to the Franchise Authority’s notice or in the event that the alleged default
is not remedied within forty five (45) days or the date projected by the
Franchisee, the Franchise Authority shall schedule a public hearing to investigate
the default. Such public hearing shall be held at the next regularly scheduled
meeting of the Franchise Authority that is scheduled at a time that is no less than
ten (10) business days therefrom. The Franchise Authority shall notify the

17
Franchisee in advance, in writing of the time and place of such meeting and
provide the Franchisee with a reasonable opportunity to be heard.

11.1.3. Enforcement. Subject to applicable federal and state law,

in the event the Franchise Authority, after such public hearing, determines that
the Franchisee is in default of any material provision of the Franchise, the
Franchise Authority may: (i) seek specific performance of any provision that
reasonably lends itself to such remedy as an alternative to damages, or seek
other equitable relief; or (ii) in the case of a substantial default of a material
provision of the Franchise, initiate revocation proceedings in accordance with the
following:

(a) The Franchise Authority shall give written notice to

the Franchisee of its intent to revoke the Franchise on the basis of a
pattern of non-compliance by the Franchisee, including two or more
instances of substantial non-compliance with a material provision of the
Franchise. The notice shall set forth with specificity the exact nature of
the non-compliance. The Franchisee shall have ninety (90) business days
from the receipt of such notice to object in writing and to state its reasons
for such objection. In the event the Franchise Authority has not received a
response from the Franchisee or upon receipt of the response does not
agree that the allegations of non-compliance have been or will be
resolved, it may then seek revocation of the Franchise at a public hearing.
The Franchise Authority shall cause to be served upon the Franchisee, at
least thirty (30) days prior to such public hearing, a written notice
specifying the time and place of such hearing and stating its intent to
request revocation of the Franchise.

(b) At the designated public hearing, the Franchise

Authority shall give the Franchisee an opportunity to state its position on
the matter, present evidence and question witnesses, in accordance with
the standards of a fair hearing applicable to administrative hearings in the
Commonwealth of Virginia, after which it shall determine whether or not
the Franchise shall be terminated. The public hearing shall be on the
record and a written transcript shall be made available to the Franchisee
within ten (10) business days. The decision of the Franchise Authority
shall be in writing and shall be delivered to the Franchisee by certified
mail. The Franchisee may appeal such determination to an appropriate
court, which shall have the power to review the decision of the Franchise
Authority “de novo” and to modify or reverse such decision as justice may
require.

11.2. Technical Violation. The Franchise Authority agrees that it is not its
intention to subject the Franchisee to penalties, fines, forfeitures or revocation of
the Franchise for so-called “technical” breach(es) or violation(s) of the Franchise,
which shall include, but not be limited, to the following:

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 11.2.1. in instances or for matters where a violation or a breach of
the Franchise by the Franchisee was good faith error that resulted in no or
minimal negative impact on the Customers within the Franchise Area; or

11.2.2. where there existed circumstances reasonably beyond the

control of the Franchisee and which precipitated a violation by the Franchisee of
the Franchise, or which were deemed to have prevented the Franchisee from
complying with a term or condition of the Franchise.

11.3. No Removal of System. Franchisee shall not be required to

remove its Cable System or to sell the Cable System, or any portion thereof as a
result of revocation, denial of renewal, or any other lawful action to forbid or
disallow Franchisee from providing Cable Service, if the Cable System is actively
being used to facilitate any other services not governed by the Cable Act, or any
portion thereof [47 U.S.C. §541(b)]. No portion of the Cable System, or any
Franchisee’s facilities, shall be considered abandoned if the Cable System is
being used to facilitate Cable Service or any other services not governed by the
Cable Act, or any portion thereof.

11.4. Liquidated Damages and Penalties. Prior to assessing any penalties

under its cable ordinance, or any liquidated damages under this Agreement, the
Franchise Authority shall mail to the Franchisee a written notice by certified or
registered mail of the alleged violation and the proposed penalty, specifying the
violation at issue. The Franchisee shall have forty-five (45) days from the date of
receipt of the written notice to cure or take reasonable steps to commence to
cure, as is appropriate depending on the nature of the alleged violation, or to file
a written response refuting the alleged violation or explaining why additional time
for cure is necessary. In the case of breaches of requirements measured on a
monthly, quarterly or longer period (such as customer service standards),
Franchisee’s cure period shall be no less than one (1) such period.

11.4.1. The Franchise Authority may not assess any penalties or

liquidated damages if the Franchisee has reasonably responded to the complaint
or cured or taken reasonable steps to commence to cure, as may be appropriate,
the violation following receipt of written notice from the Franchise Authority,
unless some other cure period is approved by the Franchise Authority. In the
event Franchisee fails to cure or to take reasonable steps to commence to cure,
or fails to refute the alleged breach, the Franchise Authority may assess
penalties or liquidated damages and shall inform Franchisee in writing of the
assessment. Franchisee shall have thirty (30) days to pay the penalties.

11.4.2. The first day for which penalties or liquidated damages may
be assessed, if there has been no cure after the end of the applicable cure
period, shall be the day on which the applicable cure period ends. Franchisee’s
obligation to pay the penalties or liquidated damages assessed shall be stayed

19
pending resolution of any appeal. To the extent that the Franchise Authority
elects to assess penalties or liquidated damages and such penalties or liquidated
damages have been paid, such damages shall be the Franchise Authority’s sole
and exclusive remedy. Nothing in this Section is intended to preclude the
Franchise Authority from exercising any other right or remedy with respect to a
breach that continues past the time the Franchise Authority stops assessing
penalties or liquidated damages for such breach.

11.4.2. With respect to penalties or liquidated damages assessed,

all similar violations or failures from the same factual events affecting multiple
Subscribers shall be assessed as a single violation, and a violation or a failure
may only be assessed under any one (1) of the above-referenced penalty or
liquidated damages category. The amount of all penalties and liquidated
damages per annum shall not exceed five thousand dollars ($5,000) in the
aggregate.

11.4.3. Because it may be difficult to calculate the harm to the

Franchise Authority in the event of a breach of this Agreement by Franchisee, the
parties agree to liquidated damages as a reasonable estimation of the actual
damages in the amounts set forth below.

(a) For failure to complete Cable System construction or

reconstruction in accordance with this Agreement, unless the Franchise
Authority approves the delay, the Franchisee shall pay fifty dollars
($50.00) per day for each day, or part thereof, the delinquency continues;

(b) For failure to provide, upon written request, data,

documents, reports, or information as required under this Agreement, the
Franchisee shall pay fifty dollars ($50.00) per day for each day, or part
thereof, that each violation occurs or continues;

(c) For failure to test, analyze and report on the

performance of the Cable System as required under this Agreement, the
Franchisee shall pay fifty dollars ($50.00) per day for each day, or part
thereof, that such noncompliance continues;

(d) For failure to provide in a continuing manner the types

of Cable Services set forth in this Agreement, unless the Franchise
Authority specifically approves a delay or change, or has agreed to a
modification of Franchisee's obligations, the Franchisee shall pay fifty
dollars ($50.00) per day for each day, or part thereof, that each
noncompliance continues;

(e) For failure to comply with operation, maintenance or

technical standards set forth in this Agreement, the Franchisee shall pay

20
 fifty ($50.00) dollars per violation per day for each day, or part thereof,
that such noncompliance continues;

(f) For breach of any consumer service standard, as set

forth in Section 6.1 or Exhibit A, the Franchisee shall pay fifty dollars
($50.00) per day for each day or part thereof, that such noncompliance
continues;

(g) For failure to pay any Franchise Fees, taxes, liens, or

other amounts due and owing to the Franchise Authority under this
Agreement, the Franchisee shall pay fifty dollars ($50.00) per day each
day or part thereof, that each violation occurs or continues;

(h) For failure to comply with one (1) or more provisions

relevant to PEG channels described in Section 13 of this Agreement, the
Franchisee shall pay fifty dollars ($50) per day each day or part thereof,
that each violation occurs or continues;

SECTION 12 - Competitive Equity

12.1. Purposes. The Franchisee and the Franchise Authority

acknowledge that there is increasing competition in the video marketplace
among cable operators, direct broadcast satellite providers, telephone
companies, broadband content providers and others; new technologies are
emerging that enable the provision of new and advanced services to residents of
the Franchise Area; and changes in the scope and application of the traditional
regulatory framework governing the provision of video services are being
considered in a variety of federal, state and local venues. To foster an
environment where video service providers using the public rights-of-way can
compete on a competitively neutral and nondiscriminatory basis; encourage the
provision of new and advanced services to residents of the Franchise Area;
promote local communications infrastructure investments and economic
opportunities in the Franchise Area; and provide flexibility in the event of
subsequent changes in the law, the Franchisee and the Franchise Authority have
agreed to the provisions in this Section, and they should be interpreted and
applied with such purposes in mind.

12.2. Video Service Provider.

12.2.1. Notwithstanding any other provision of this Agreement or

any other provision of law, if any Video Service Provider (“VSP”) (i) enters into
any agreement with the Franchise Authority to provide video services to
subscribers in the Franchise Area, or (ii) otherwise begins to provide video
services to subscribers in the Franchise Area (with or without entering into an
agreement with the Franchise Authority), the Franchise Authority, upon written

21
request of the Franchisee, shall permit the Franchisee to construct and operate
its Cable System and to provide video services to subscribers in the Franchise
Area under the same agreement and/or under the same terms and conditions as
apply to the VSP. The Franchisee and the Franchise Authority shall enter into an
agreement or other appropriate authorization (if necessary) containing the same
terms and conditions as are applicable to the VSP within sixty (60) days after the
Franchisee submits a written request to the Franchise Authority.

12.2.2. If there is no written agreement or other authorization

between the VSP and the Franchise Authority, the Franchisee and the Franchise
Authority shall use the sixty (60) day period to develop and enter into an
agreement or other appropriate authorization (if necessary) that to the maximum
extent possible contains provisions that will ensure competitive equity between
the Franchisee and other VSPs, taking into account the terms and conditions
under which other VSPs are allowed to provide video services to subscribers in
the Franchise Area.

12.3. Subsequent Change in Law. If there is a change in federal, state

or local law that provides for a new or alternative form of authorization for a VSP
to provide video services to Subscribers in the Franchise Area, or that otherwise
changes the nature or extent of the obligations that the Franchise Authority may
request from or impose on a VSP providing video services to subscribers in the
Franchise Area, the Franchise Authority agrees that, notwithstanding any other
provision of law, upon Franchisee’s written request the Franchise Authority shall:
(i) permit the Franchisee to provide video services to subscribers in the
Franchise Area on the same terms and conditions as are applicable to a VSP
under the changed law; (ii) modify this Agreement to comply with the changed
law; or (iii) modify this Agreement to ensure competitive equity and parity
between the Franchisee and other VSPs, taking into account the conditions
under which other VSPs are permitted to provide video services to Subscribers in
the Franchise Area. The Franchise Authority and the Franchisee shall implement
the provisions of this Section within sixty (60) business days after the Franchisee
submits a written request to the Franchise Authority. Notwithstanding any
provision of law that imposes a time or other limitation on the Franchisee’s ability
to take advantage of the changed law’s provisions, the Franchisee may exercise
its rights under this Section at any time, but not sooner than thirty (30) days after
the changed law goes into effect.

12.4. Effect on This Agreement. Any agreement, authorization, right or

determination to provide video services to subscribers in the Franchise Area
under Sections 12.2 or 12.3 shall supersede this Agreement, and the Franchisee,
at its option, may terminate this Agreement or portions thereof, upon written
notice to the Franchise Authority, without penalty or damages.

22
 SECTION 13 – Public, Educational and Governmental Access

13.1 PEG Access. Use of channel capacity for Public, Educational and
Governmental (“PEG”) Access shall be provided in accordance with federal law,
47 U.S.C. 531, and as further set forth below. Franchisee does not relinquish its
ownership of or ultimate right of control over a channel by designating it for PEG
use. A PEG Access User – whether an individual, educational or governmental
user – acquires no property or other interest by virtue of the use of a channel so
designated, and may not rely on the continued use of a particular channel
number, no matter how long the same channel may have been designated for
such use. Franchisee shall not exercise editorial control over any public,
educational, or governmental use of channel capacity, except Franchisee may
refuse to transmit any public access program or portion of a public access
program that contains obscenity, indecency, or nudity pursuant to Section 611 of
the Cable Act. The Franchise Authority shall be responsible for developing,
implementing, interpreting and enforcing rules for PEG Access Channel use
which shall ensure that PEG Access Channel(s) and PEG Access equipment will
be available on a first-come, non-discriminatory basis.

13.1.1. PEG Access Channels. Franchisee shall make available to

the Franchise Authority, within one hundred eighty (180) days of a written
request, the use of one (1) dedicated Public, Educational and Governmental
(“PEG”) Access Channel in accordance with Section 611 of the Cable Act. Such
PEG Channel shall be used for non-commercial PEG access programming
related to educational and/or governmental activities. The County must provide
Grantee with written, detailed documentation evidencing the availability of
and/or plan to produce such programming along with its request. The Franchise
Authority shall have complete control over the content, scheduling,
administration and all other programming aspects of the PEG Channel, and may
delegate such functions, or a portion of such functions, to an appropriate
designee. Franchisee shall not exercise any editorial control over PEG Channel
programming except Franchisee may refuse to transmit any program or portion
of a public access program that contains obscenity, indecency, or nudity to the
extent allowed by applicable law.

13.2. Non-Commercial Use. The Franchise Authority, or its designee,

agrees that it will not use its designated PEG Access channel(s), equipment, or
other facilities to provide for-profit commercial services which have the effect of
competing with Franchisee’s business. Such PEG Channel shall be used for non-
commercial PEG access programming related to educational and/or
governmental activities. The PEG Channel may not be used to cablecast

23
programs for profit, political, or commercial fundraising. In addition, any PEG
Access Programming produced under the provisions of this Article 6 shall not be
commercially distributed to a competing Multichannel Video Programming
Distributor without the written consent of Franchisee.

13.3. PEG Access Cablecasting.

13.3.1. Return Lines. In order that PEG Access Programming can be

cablecast over Franchisee’s downstream PEG Access Channel, all PEG Access
Programming shall be modulated, then transmitted from an origination location at
the Town of Warrenton Council Chambers, at 18 Court Street, Warrenton, VA
20186, to Franchisee-owned headend or hub-site on a Franchisee-owned
upstream channel made available to the Franchise Authority for its use. Upon a
written request to activate a PEG channel under Section 13.1.1, Franchisee shall
construct a direct fiber link, including equipment capable of transmitting video
and audio between one (1) PEG access video origination location and the
Franchisee headend such that live programming can originate from this selected
location and be distributed via the Cable System to Subscribers in the Town. This
fiber link and equipment shall be collectively known as the “Return Line.”

13.3.2 Any expenditure made in connection with the construction,

relocation, and/or maintenance of the Return Line shall be borne by the
Town. The Town and Franchisee further agree that all costs incurred by
Franchisee for supporting such PEG Channel may be designated as
“costs of franchise requirements” or “external costs” as defined by the
FCC and Franchisee reserves its right to pass these costs through to the
Subscribers pursuant to federal law.

13.3.3 Franchisee shall be responsible for maintaining the Return

Line to the video origination point of the PEG Channel so long as the
Town provides Franchisee with access to such location and access to the
PEG Channel equipment within such location. Franchisee shall provide,
install and maintain in good working order the equipment and the cable
necessary for the transmission of PEG signals from a PEG access video
origination location to the Franchisee headend for further processing and
distribution to Subscribers. Franchisee shall maintain the PEG Channel in
accordance with the same FCC technical specifications that are
comparable to the specifications used to maintain commercial channels
transmitted to Subscribers on the Cable system, except that it shall not be
responsible for the technical signal quality of programming produced by
any PEG channel programmer.

13.4 The Town or its designee shall be responsible for providing any
necessary production or playback equipment, any studio or production facilities,
and shall be responsible for securing and supervising any trained/qualified

24
personnel who conduct the operation of any PEG Access production facilities
and the PEG channel.

13.5 Fallow Time. In the event the Franchise Authority or other PEG
Access User elects not to fully program its Channel(s) with original PEG Access
Programming, Franchisee may reclaim any unused time on those channels.
Because blank PEG Channels are not in the public interest, in the event the
Town elects not to program its PEG Channel for a period of at least seven (7)
days, Franchisee may program that Channel thirty (30) days after providing the
Town with written notice of its intent to program the Channel, subject to
reclamation by the Town upon no less than sixty (60) days’ written notice.
Franchisee shall relinquish such use no later than sixty (60) days after receipt of
written notification from the Town that it requires such channel for educational
and/or governmental use.

13.8 Indemnification. In accordance with applicable law, the Franchise

Authority and/or the designated Access Provider shall indemnify the Franchisee
for any liability, loss or damage it may suffer due to violation of the intellectual
property rights of third parties or arising out of the content or programming aired
on any PEG channel and from claims arising out of the Franchise Authority’s
rules for or administration of PEG Access Programming. The Town shall require
all local producers of public access programming to agree in writing to defend
and hold harmless Franchisee from and against any and all liability or other
injury, including the reasonable cost of defending claims or litigation, arising from
or in connection with claims for failure to comply with applicable federal, state or
local laws, rules, and/or regulations; for claims of libel, slander, invasion of
privacy, or the infringement of common law or statutory copyright; for
unauthorized use of any trademark, trade name, or service mark; for breach of
contractual or other obligations owing to third parties by the producer or user;
and for any other injury or damage in law or equity, which results from the use of
an PEG access facility or Channel.

SECTION 14 – Performance

14.1. Performance Bond. In compliance with the surety requirements of

the Town Code, within sixty (60) days of the Effective Date of this Agreement,
Franchisee shall post a performance bond in the amount of fifty thousand dollars
($50,000) for the faithful performance and discharge by Franchisee of all
obligations imposed by this Franchise Agreement. The performance bond shall
remain in force and effect throughout the Term of this Franchise Agreement. If
Franchisee fails to timely pay an assessment of liquidated damages, the
Franchising Authority shall give Franchisee twenty (20) business days’ notice of
its intent to draw the amount owed from the performance bond. The Franchising

25
Authority may not draw from the performance bond while any action, appeal or
other process has been instituted by Franchisee to challenge the amount owed.

SECTION 15 - Miscellaneous Provisions

15.1. Force Majeure. The Franchisee shall not be held in default under,
or in non-compliance with, the provisions of the Franchise, nor suffer any
enforcement or penalty relating to noncompliance or default (including
termination, cancellation or revocation of the Franchise), where such non-
compliance or alleged defaults occurred or were caused by lightning strike,
earthquake, flood, tidal wave, unusually severe rain, ice or snow storm,
hurricane, tornado, or other catastrophic act of nature; riot, war, labor disputes,
environmental restrictions, failure of utility service or the failure of equipment or
facilities not belonging to Franchisee, denial of access to facilities or rights-of-
way essential to serving the Franchise Area necessary to operate the Cable
System, governmental, administrative or judicial order or regulation or other
event that is reasonably beyond the Franchisee’s ability to anticipate or control.
This provision also covers work delays caused by waiting for utility providers to
service or monitor their own utility poles on which the Franchisee’s cable or
equipment is attached, as well as unavailability of materials or qualified labor to
perform the work necessary.

15.2. Notice. All notices shall be in writing and shall be sufficiently given
and served upon the other party by electronic or hand delivery, first class mail,
registered or certified, return receipt requested, postage prepaid, or by reputable
overnight courier service and addressed as follows:

To the Franchise Authority:

Town of Warrenton, Virginia

P.O Box 341
Warrenton, VA 20188-341
Attention: Town Manager

To the Franchisee:

Comcast of California/Maryland/Pennsylvania/Virginia/ West Virginia, LLC

1515 North Courthouse Road
Arlington, VA 22201
Attention: Government Affairs Department

With copies to:

Comcast Cable
7850 Walker Drive, 2nd Floor

26
 Greenbelt, MD 20770
Attention: Government Affairs Department

And to:

Comcast Cable Northeast Division

676 Island Pond Rd.
Manchester, NH 03109
Attention: Government Affairs Department

15.3. Entire Agreement. This Franchise Agreement and any exhibits or

addendums hereto constitute the entire agreement between the Franchise
Authority and the Franchisee and supersedes all prior or contemporaneous
agreements, ordinances, representations, or understandings, whether written or
oral, of the parties regarding the subject matter hereof. Any agreements,
ordinances, representations, promises or understandings or parts of such
measures that are in conflict with or otherwise impose obligations different from
the provisions of this Franchise Agreement are superseded by this Franchise
Agreement.

15.4. Severability. If any section, subsection, sentence, clause, phrase,

or other portion of this Franchise Agreement is, for any reason, declared invalid,
in whole or in part, by any court, agency, commission, legislative body, or other
authority of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent portion. Such declaration shall not affect the validity of
the remaining portions hereof, which other portions shall continue in full force and
effect.

15.5. Governing Law. This Franchise Agreement shall be deemed to be

executed in the State where the Franchise Area is located, and shall be
governed in all respects, including validity, interpretation and effect, and
construed in accordance with, the laws of such State, as applicable to contracts
entered into and performed entirely within the State.

15.6. Modification. No provision of this Franchise Agreement shall be

amended or otherwise modified, in whole or in part, except by an instrument, in
writing, duly executed by the Franchise Authority and the Franchisee, which
amendment shall be authorized on behalf of the Franchise Authority through the
adoption of an appropriate resolution or order by the Franchise Authority, as
required by applicable law.

15.7. No Third-Party Beneficiaries. Nothing in this Franchise Agreement

is or was intended to confer third-party beneficiary status on any member of the
public to enforce the terms of this Franchise Agreement.

27
 15.8. Captions. Captions to sections throughout this Franchise
Agreement are solely to facilitate the reading and reference to the sections and
provisions of this Franchise Agreement. Such captions shall not affect the
meaning or interpretation of this Franchise Agreement.

15.9. No Waiver of Rights. Nothing in this Franchise Agreement shall be

construed as a waiver of any rights, substantive or procedural, which Franchisee
may have under federal or state law unless such waiver is expressly stated
herein.

15.10. Incorporation by Reference

15.10.1. All presently and hereafter applicable conditions and

requirements of federal, State and generally applicable local laws, including but
not limited to the rules and regulations of the FCC and the State where the
Franchise Area is located, as they may be amended from time to time, are
incorporated herein by reference to the extent not enumerated herein. However,
no such general laws, rules, regulations and codes, as amended, may alter the
obligations, interpretation and performance of this Renewal Franchise to the
extent that any provision of this Renewal Franchise conflicts with or is
inconsistent with such laws, rules or regulations.

15.10.2. Should the State, the federal government or the FCC

require Franchisee to perform or refrain from performing any act the performance
or non-performance of which is inconsistent with any provisions herein, the
Franchise Authority and Franchisee will thereupon, if they determine that a
material provision herein is affected, modify any of the provisions herein to reflect
such government action.

15.11. Calculation of Time. Where the performance or doing of any act,

duty, matter, payment, or operation is required hereunder and the period of time
or duration for the performance or doing thereof is prescribed and fixed herein,
the time shall be computed so as to exclude the first day and include the last day
of the prescribed or fixed period or duration of time. When the last day of the
period falls on Saturday, Sunday, or a legal holiday, that day shall be omitted
from the computation.

15.12. Annexation. Upon ninety (90) days written notice, any additions of
territory to the Franchise Authority, by annexation or other legal means,
contiguous to the Franchise Area, shall thereafter be subject to all the terms of
this Agreement as though it were an extension made hereunder related to the
Cable System located or operated within said territory.

15.13. Authority to Execute. Each party represents to the other that the
person signing on its behalf has the legal right and authority to execute, enter
into and bind such party to the commitments and obligations set forth herein.

28
REMAINDER OF PAGE LEFT BLANK UNTIL SIGNATURE PAGE.

29
IN WITNESS WHEREOF, this Franchise Agreement has been executed by the
duly authorized representatives of the parties as set forth below, as of the last
date set forth below:

Town of Warrenton, VA:

By:

Print Name:

Title:

Date:

Comcast of California/Maryland/Pennsylvania/Virginia/ West Virginia, LLC:

By:

Print Name: _ Mary McLaughlin______________

Title: _Regional Senior Vice President _______

Date:

30
 Exhibit A
Customer Service Standards

These standards shall apply to the Franchisee to the extent it is providing Cable
Service over the Cable System in the Franchise Area. The Franchisee shall
comply in all respects with the customer service requirements established by the
FCC.

(1) Cable System Telephone Availability.

(i) The Franchisee will maintain a local, toll-free or collect call telephone
access line which will be available to its Subscribers twenty four (24)
hours a day, seven (7) days a week.

(A) Trained Franchisee representatives will be available to respond

to Subscriber telephone inquiries during Normal Business Hours.

(B) After Normal Business Hours, the access line may be answered
by a service or an automated response system, including an
answering machine. Inquiries received after Normal Business
Hours must be responded to by a trained Franchisee representative
on the next business day.

(ii) Under Normal Operating Conditions, telephone answer time by a

customer representative, including wait time, shall not exceed thirty (30)
seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed thirty (30) seconds. These standards shall
be met no less than ninety percent (90%) of the time under Normal
Operating Conditions, measured on a quarterly basis.

(iii) Under Normal Operating Conditions, the Subscriber will receive a busy
signal less than three percent (3%) of the time.

(2) Installations, Outages and Service Calls. Under Normal Operating Conditions,
each of the following four (4) standards will be met no less than ninety five
percent (95%) of the time measured on a quarterly basis:

(i) Standard installations will be performed within seven (7) business days
after an order has been placed, or at a time later at the request of a
customer. "Standard" installations are those that are located up to one
hundred twenty five (125) feet from the existing distribution system.

(ii) Excluding conditions beyond the control of the Franchisee, the

Franchisee will begin working on "service interruptions" or outages
promptly and in no event later than twenty four (24) hours after the

31
 interruption becomes known. The Franchisee must begin actions to
correct other service problems the next business day after notification of
the service problem.

(iii) The "appointment window" alternatives for installations, service calls,

and other installation activities will be either a specific time or, at
maximum, a four (4) hour time block during Normal Business Hours. The
Franchisee may schedule service calls and other installation activities
outside of Normal Business Hours for the express convenience of the
Subscriber.

(iv) Franchisee may not cancel an appointment with a Subscriber after the
close of business on the business day prior to the scheduled appointment.

(v) If a Franchisee representative is running late for an appointment with a

Subscriber and will not be able to keep the appointment as scheduled, the
Subscriber will be contacted. The appointment will be rescheduled, as
necessary, at a time which is convenient for the Subscriber.

(3) Refunds, Credits, and Rebates:

(i) Refunds: Refund checks will be issued promptly, but no later than
either:

(A) The Subscriber's next available billing cycle following resolution

of the request or thirty (30) days, whichever is earlier, or

(B) The return of the equipment supplied by the Franchisee if

service is terminated.

(ii) Credits and Rebates:

(A) Credit and rebates for service will be issued no later than the
Subscriber's next available billing cycle following the determination
that a credit or rebate is warranted.

(B) Under Normal Operating Conditions, upon request, a

Subscribers shall receive a pro rata credit or rebate, on a daily
basis, of their Cable Service bill, if they experience a Service
Interruption lasting twenty four (24) consecutive hours or longer. In
order to qualify for a credit or rebate, the Subscriber must report the
problem in a timely fashion and allow the Franchisee to verify the
problem. If Subscriber availability is required for repair, a credit or
rebate will not be provided for such time, if any, that the Subscriber
is not reasonably available.

32
 (C) Franchisee shall provide rebates or credits to Subscribers for
missed appointments according to Franchisee policy.

(4) Temporary Drops: Under Normal Operating Conditions, drop wires in

underground service areas that are temporarily placed above ground shall be
buried within sixty (60) days of the date of any temporary installation.

(5) Planned Interruptions: Franchisee may intentionally interrupt service on the

Cable System only for good cause and for the shortest time possible and, except
in emergency situations or to the extent necessary to correct Subscribers'
Service problems, only after a minimum of forty-eight (48) hours prior notice to
Subscribers and the Town of the anticipated service interruption; provided,
however, that planned maintenance that does not require more than two (2)
hours' interruption of Service shall not require notice and planned maintenance
that occurs between the hours of 12:00 midnight and 6:00 a.m. shall not require
notice.

(6) Communication with Subscribers: Consistent with § 76.309 of the Rules and
Regulations of the FCC, Franchisee shall provide an informational package to all
of its Subscribers at the time of installation, at least annually to all Subscribers,
and at any time upon request. This information shall include:

(i) Products and services offered;

(ii) Prices and options for programming services and conditions of
subscription to programming and other services;
(iii) Installation and service maintenance policies;
(iv) Instructions on how to use the cable service;
(v) Channel positions of programming carried on the system; and
(vi) Billing and complaint procedures, including the address and
telephone number of the local franchise authority's cable office.

33
 Comcast – Town of Warrenton
Franchise Renewal

December 6, 2018
 About Comcast
• Comcast Cable was founded in 1963 by Ralph Roberts in Tupelo, MS.

• Comcast’s network supports the delivery of 136 million emails, 142 million phone calls
and 15 million On Demand views every day.

• In 2010 Comcast enhanced its video offerings by converting our analog video service to
a digital only format. The transition to an all-digital format resulted in Comcast
customers receiving additional channels, crisp digital picture and sound on every TV,
and all their channels in a high-quality digital format.

• In addition to our basic channels, Comcast provides access to the following:

• popular digital channels in standard definition and over 100 HD channels;
• commercial-free premium movie channels including HBO, Showtime, Cinemax,
Starz!, Encore and corresponding Subscription Video On Demand (VOD) offerings;
• dozens of VOD channels with movies, documentaries, and free programming
available whenever subscribers want to watch it;
• the cutting-edge X-1 video platform with voice remote.

Cable Franchise Agreement 2

 Overview of Franchise Agreement
• Existing cable franchise agreement expired in 2016.
• New franchise agreement is non-exclusive.
• Franchise only applies to Cable Service, as other services are regulated differently
under federal and state law.
• Term: 12 years
• Construction & Technical Standards: incorporates obligations regarding technical
requirements, compliance with federal and state law, permits, inspection, etc.
• Conditions of Street Occupancy: requirements include restoration of ROW, relocation
of facilities, tree trimming.
• General Service Obligations: agreement accounts for automatic construction to areas
with 30 dwelling units per mile and provides a process for other extensions of service.
• Courtesy Service: Comcast will continue to provide free cable service to local public
buildings and schools (ex. Town buildings, police stations, schools).
• Customer Service Standards: Agreement incorporates FCC customer service
requirements.
• Public/Educational/Government Access Channel: agreement gives the Town the right
to activate a PEG access channel at a later date, and adds a fiber connection to facilitate
content insertion

Cable Franchise Agreement 3

 Improving the Customer Experience
• Launched the My Account app to grant customers access to useful self-help
information and provide detailed troubleshooting steps for their Xfinity products and
services
• Quadrupled the size of our Digital Care team since 2015 to handle interactions on social
media
• Created shorter appointment windows (from 4 hours to 2 hours)
• Focused on On-Time Arrival with 97% on-time arrival rate for scheduled appointments,
and provided customers an estimated 30-minute window for when their technician
should arrive at their home with the Tech ETA feature on the My Account app
• Launched its X1 platform, which uses IP technology delivered over Comcast’s network
to create the world’s first Entertainment Operating System
• Introduced the voice-controlled TV remote, which allows customers to navigate tens of
thousands of shows and movies on the X1 platform with their voice.
• Partnered with Netflix, Pandora, YouTube, and Amazon Prime to offer more content
over X1
• Offered more Video On Demand choices – 130K
• Launched Stream, a streaming cable service that allows Xfinity Internet customers to
watch live TV from various networks - including all the major broadcast nets and HBO -
on laptops, tablets and phones in their home.

Cable Franchise Agreement 4

Cable Franchise Agreement 5
OUR PILLARS OF CIVIC ENGAGEMENT
Foundation for Working Together

PRODUCT ECONOMIC COMMUNITY CUSTOMER

INNOVATION DEVELOPMENT INVESTMENT EXPERIENCE

Comcast is creating and Comcast and its broadband Comcast invests in our local Comcast is dedicating
delivering a wide variety of infrastructure play a critical communities’ workforce and substantial resources, effort,
innovative technology role in helping communities to makes broadband more and technology to consistently
solutions & product lines that attract, retain, and grow accessible to the improve the customer
connect communities to successful businesses, create underserved. Comcast experience and ensuring that
information, entertainment, jobs, and build intellectual continues to find innovative every single interaction our
and each other in ways that capital. ways to engage with local customers have with us is
enhance lives and create new communities, customers and excellent.
opportunities. suppliers.

Cable Franchise Agreement

 Comcast’s Commitment to Community Investment
At Comcast, acting responsibly in the community drives what we do every day.

We strive to make change happen in all our communities where we partner with local non-profit
organizations to maximize our impact.

We understand the importance of providing young people every opportunity to be prepared for
the future, and we are committed to ensuring that our youth have access to the tools they need
to succeed.

Digital Literacy Youth Leadership Community Service

Cable Franchise Agreement 7

2018
 What does Internet Essentials include?
Internet Essentials is designed to be a wraparound solution to directly address
the major barriers by offering affordable internet, subsidized computers, and
free digital skills training.

Eligible households receive fast, affordable internet at 15/2

Mbps speeds for $9.95 per month + tax.
Affordable • No term contract or credit check
Internet Access • No activation or standard installation fees
• No monthly equipment rental charges
• In-home WiFi included at no additional cost
• 40 1-hour passes to Xfinity WiFi hotspots each
month
Low-Cost Customers may also purchase a computer for $149.99 +
Computer tax.• Internet-ready laptop or desktop with a 90-day warranty
• Equipped with Windows 7, Microsoft Office, and Norton
Security

Additionally, individuals may participate in free digital

Digital Skills skills training to better understand the internet and the
Training many ways it can benefit them.
• Access to free training in person, in print, or online

Cable Franchise Agreement

 Town Council Meeting Item Number: 7.c.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
ZTA 2018-01 Mobile Food Vendor Staff Report to TC Cover Memo 12/4/2018
ZTA 2018-01 Draft Article 3 Allowable Districts Redline Backup 11/14/2018
Material
ZTA 2018-01 Draft Article 3 Allowable Districts Clean Backup 11/14/2018
Material
ZTA 2018-01 Draft Article 9 Supplemental Regulations Redline Backup
Material 11/14/2018

ZTA 2018-01 Draft Article 9 Supplemental Regulations Clean Backup 11/14/2018

Material
ZTA 2018-01 Draft Article 12 Definitions Redline Backup 11/14/2018
Material
ZTA 2018-01 Draft Article 12 Definitions Clean Backup 11/14/2018
Material
Draft Mobile Food Vendor Policy and Procedures Redline Backup 11/14/2018
Material
 ZTA 2018-01 STAFF REPORT

TO: Town Council

FROM: Brandie Schaeffer, Director of Community Development

DATE: December 11, 2018

SUBJECT: ZTA 2018-01 Mobile Food Vendor Program

In 2016 the Town Council adopted a Mobile Food Vendor Program and updated it in
October, 2017. The Mobile Food Vendor Program Policies and Procedures directs the entirety of
the program be reviewed one year after adoption. On November 3, 2017, Community
Development submitted to the Town Manager a memo reporting the previous year’s activity that
indicated no permits were issued.

Per the Town Council’s direction, the Community Development Department held two
stakeholder meetings to discuss and review the current provisions, processes and
recommendations. Community Development also reached out to an additional people for
feedback. The purpose of the meetings was to gain input from the community regarding the
overall Mobile Food Vendor Program.

The summary of the feedback was as follows:

• The current Mobile Food Vendor Program is too restrictive as to locations where a food
truck can set up and operate;

• No one truly knows if there is a genuine need for food trucks in the Town, as they have
not been given a full opportunity to pursue a consistent, viable location;

• Food trucks can have a positive economic impact if given proper opportunity and
marketing;

• As long as “there is a level playing field” with brick and mortar businesses, mobile food
trucks will be welcome; and

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Zoning Text Amendment ZTA 2018-01

• In order to truly assess whether or not mobile food vendors will be well received and be
economically viable, the Town should allow them for at least a year in a more open
regulatory environment.

Based on multiple Town Council discussions, on October 9, 2018, the Town Council initiated a
Zoning Text Amendment for the Mobile Food Vendor Ordinance to incorporate additional
opportunities for Mobile Food Vendors within the Town limits.

PLANNING COMMISSION REVIEW

On October 23, 2018 the Planning Commission held a work session on ZTA 2018-01 to review
the changes contained below. During this discussion questions were asked about parking,
buffers, bathrooms, and unintended consequences. Staff addressed most of these at the time. The
Town Attorney researched and confirmed the Town Manager has the ability through the Town
Code provisions to work with vendors who wish to park in municipal lots.

On November 20, 2018 the Planning Commission held a public hearing on the proposed Zoning
Ordinance changes. No one from the public spoke to the application. Commissioner Zarabi
raised the question again about parking and restrooms in Old Town. Staff explained this
followed examples from other jurisdictions and the Town Code allows for the Town Manager to
work with vendors. The Planning Commission voted 6-0-1 (Maas absent) to recommend
approval to the Town Council.

ZONING TEXT AMENDMENT (ZTA 2018-01)

The following is a description of the proposed amendments included in ZTA 2018-01 for
Articles 3, 9, and 12 of the Zoning Ordinance.

ALLOWABLE DISTRICTS (Article 3): Rewrite/add language throughout Article 3 to allow

Mobile Food Vendors to operate in any district that allows for restaurant uses and public parks.

SUPPLEMENTAL USE REGULATIONS – MOBILE FOOD VENDORS: (Article 9):

Rewrite/add language in 9-24.1 the Purpose and Intent section to include “The purpose for
mobile food vendors in order to provide economic development and entrepreneurial
opportunities, while protecting the public health, safety, and welfare and mitigating fiscal
impacts to existing brick-and-mortar restaurants and related businesses.”

In section 9-24.2 change language to “Mobile Food Vendors are allowable in public parks and
any district that allows restaurant uses, provided these Vendors and their equipment shall meet
ALL location and operational requirements outlined in this ordinance, Section 9-24.3.”

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Zoning Text Amendment ZTA 2018-01

Section 9-24.3 outlines the operational requirements for Mobile Food Vendors by combining the
existing sections 9-24.2.1 and 9-24.2.2 into a new section 9-24.3. The Operational Requirements
as follows:

• Mobile Food vendors may operate on private or public property from an existing
improved parking area with expressed written consent of the property owner;

• Include the existing language from 9-24.2.2, items 1 through 5;

• Require five (5) foot setback from right of ways and entrance drives;

• Require a minimum three (3) foot clearance around the food vending vehicle for safety;

• Require accessibility to restrooms;

• Require minimum distances of:

o 100 feet from any residential use zoning district or district that does not allow
restaurant uses;

o 50 feet from any existing restaurant or provide a letter of “no objection” from the
restaurant as to a closer location;

o 25 feet from any other permitted mobile food vendor.

Section 9-24.4 becomes the Program and Fees section. To be consistent with the fee structure of
the Town, the Town Council has the ability to change the Mobile Food Vendor fees, as opposed
to the Town Manager.

Section 9-24.5 includes Rules and Regulations adding:

• Shall not sell anything other than food and non-alcoholic beverages, with the exception
that up to 15% of the business may be accessory items related to the business such as
hats, mugs, decals, tee shirts, and the like;

• Shall not place or utilize any signage not permanently affixed to the vehicle;

• Shall not display any balloons or windblown signs or attach any such items to the
vending vehicle;

• Shall not display any advertisements for other businesses;

• Shall not cause any liquids to be discharged from the mobile food vehicle;

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Zoning Text Amendment ZTA 2018-01

• Shall provide proper receptacles for trash and waste disposal during operation and
remove all trash and dispose of all waste as part of site cleanup;

• Shall not be allowed to be in place for more than four (4) hours;

• Shall post permit so it can be seen from the outside of the mobile food vehicle;

• Shall not receive any deliveries at point of sale site.

• Shall not be left unattended while in a vending location.

• Shall be removed from the lot when not in operation.

Delete the sentence in strikethrough text from the following section:

9-24.6.4 The entire operation must be fully mobile. For Mobile Food Vendors, coolers may
not be placed on the ground, nor may tables and chairs be provided for customers. Generators
should be whisper or quiet models that do not present a nuisance.

Sections 9-24.9 Insurance Coverage, 9-24.10 Monthly Reports, and 9-24.11 Revocation or
Suspension have all been deleted as inappropriate for the Zoning Ordinance. Instead, these items
should reside in the Policy and Procedures of Mobile Food Vendors.

DEFINITIONS: (Article 12): Add definitions amending “Mobile Food Vendor” as follows:

• Mobile Food Cart- Any non-motorized mobile food unit with limited infrastructure that
serves food and/or beverages intended for immediate consumption. Mobile food carts
may not exceed six (6) feet in length, three (3) in width (excluding wheels), or four (4)
feet in height (excluding wheels and umbrellas). Mobile Food Carts include pushcarts
and similar devices.

• Mobile Food Vehicle- A motorized mobile food unit which is self-sufficient in terms of
potable water, sanitary sewer and electric utilities, and generally consists of an enclosed
truck. Trailer or similar vehicle, where food may be stored, prepared, cooked, and/or
served. An open bed truck, van or converted automobile is NOT considered a mobile
food vehicle and is NOT eligible for a mobile food vending permit.

• Mobile Food Vendor - Any person or business selling foods from a mobile food cart or
mobile food vehicle, from a Mobile Food Vehicle or Cart, which is stationary for a period
of time longer than that necessary to complete a sale or greater than a fifteen (15) minute
period. This definition DOES NOT apply to traveling ice cream trucks, cafeteria trucks
serving active construction sites, or non-commercial vehicles.

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Zoning Text Amendment ZTA 2018-01

• Cafeteria truck – a vehicle or cart primarily offering delivery and/or self-service of pre-
packaged or prepared foods, not cooked to order or prepared on-site. This type of vendor
must obtain an itinerant merchant license from the Town Manager.

• Ice cream truck – a vehicle primarily offering delivery and/or self-service of pre-
packaged frozen novelties or treats including ice cream, frozen yogurt, popsicles and
similar fare. This type of vendor must obtain an itinerant merchant license from the
Town Manager.

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 Article 3 Zoning Districts and Map

Amended by Town Council: March 11, 2008

February 12, 2013
April 12, 2016
June 14, 2016
August 9, 2016
XXX, 2018

3-4.9 PSP Public-Semi-Public Institutional District

3-4.9.1 Legislative Intent

This district is intended to provide for major public, semi-public, and institutional
uses, to facilitate future growth of such uses within the district in accordance with
the objectives, policies, and proposals of the Comprehensive Plan, including the
encouragement of convenient and safe nearby residential neighborhoods, and to
provide evidence on the Zoning map of the nature of land use planned for this
district.

3-4.9.2 Permitted Uses (by-right)

- Accessory buildings and uses, including dwellings accessory to a permitted

use
- Cemeteries
- Child care center, day care center, or nursery school
- Churches
- Community buildings
- Fairgrounds, showgrounds, or exhibition center
- Family care homes, foster homes, or group homes
- Hospitals, nursing homes, and clinics
- Institutional uses
- Mobile Food Vendors in public parks subject to as permitted per Article 9-24
- Offices for business or professional use
- Off-street parking for permitted uses subject to Article 7
- Open space subject to Article 9
- Parks and playgrounds
- Public or governmental buildings
- Rescue squad or volunteer fire company
- Schools
- Senior citizen center

3- 1 Updated October XXX, 2018

 - Signs subject to Article 6
- Utilities related to and necessary for service within the Town, including
poles, wires, transformers, telephone booths, and the like for electrical power
distribution or communication service, and underground pipelines or
conduits for local electrical, gas, sewer, or water service, but not those
facilities listed as requiring a special use permit
- Yard sale or other special sale or event conducted on the premises of and for
the benefit of a permitted use in the district

3-4.9.3 Permissible Uses (by special use permit upon approval of the Town Council)

- Emergency housing
- Gift Shops
- Health and Fitness Facilities
- Museums
- Single Family Dwellings
- Visitor Centers
- Active and passive recreation and recreational facilities.
- Treatment plants, water storage tanks, major transmission lines or pipelines,
pumping or regulator stations, communications towers, storage yards and
substations, and cable television facilities and accessory buildings

3-4.10 C Commercial District

3-4.10.1 Legislative Intent

The intent of this district shall be to encourage the logical and timely
development of land for a range of commercial purposes in accordance with the
objectives, policies, and proposals of the Comprehensive Plan; to prohibit any
use which would create undue impacts on surrounding residential areas; and to
assure suitable design to protect the residential environment of adjacent and
nearby neighborhoods. It is further declared to be the intent of this district to
limit traffic congestion, overcrowding of land, noise, glare, and pollution, so as to
lessen the danger to the public safety, and to ensure convenient and safe
pedestrian access to and from commercial sites as well as between adjacent
commercial sites. The protective standards contained in this Article are intended
to minimize any adverse effect of the commercial district on nearby property
values and to provide for safe and efficient use of the commercial district itself.

3-4.10.2 Permitted Uses (by-right)

Any of the following uses provided that no one-business establishment exceeds

50,000 square feet of gross floor area on the lot or on the tract.

3- 2 Updated October XXX, 2018

- Accessory uses customarily incidental to these uses.
- Apartments located above ground floor retail or office uses
- Banks and other financial institutions.
- Broadcasting stations.
- Churches
- Cleaning and pressing shops
- Clinics (medical and dental)
- Community buildings.
- Convenience store
- Funeral Homes
- Health and Fitness Facilities
- Hotels and motels
- Household Pet Grooming
- Institutional uses.
- Laundromat.
- Lawn and garden equipment
- Lumber and building supply with no outdoor storage
- Medical Centers and Laboratories
- Mobile Food Vendors subject to Article 9-24
- Non-fee parking lots and structures.
- Offices for business or professional use.
- Off-street parking subject to Article 7.
- Open space subject to Article 9.
- Personal and Business Services
- Plumbing and electrical supply (without outdoor storage)
- Rental service without outdoor storage
- Restaurant, carryout
- Restaurants without drive-through facilities
- Retail Sales, including stores and shops
- Service stations with no outside car vehicle storage and without vehicle
repair
- Signs subject to Article 6.
- Shopping centers
- Studios and trade schools.
- Taxidermist
- Trade school, studio
- Utilities related to and necessary for service within the Town, including
poles, wires, transformers, telephone booths, and the like for electrical power
distribution or communication service, and underground pipelines or
conduits for local electrical, gas, sewer, or water sewer service, but not those
facilities listed as requiring a special use permit.
- Vending machines and Laundromats

3- 3 Updated October XXX, 2018

 3-4.10.3. Permissible Uses (by special use permit upon approval of the Town Council)

- Active and passive recreation and recreational facilities

- Animal kennels
- Any use listed as permitted by right in Section 3-4.10.2 that exceeds 50,000
square feet of gross floor area
- Automobile sales, truck sales and service repair garages, automobile body
shops, and tire recapping and retreading. (All vehicles must be parked on
paved surfaces)
- Carnivals, fairs, and other similar uses of a temporary nature
- Car Washes
- Car wash, Self-service
- Clubs, lodges, and assembly halls
- Commercial parking lots and garages
- Commercial recreational establishments
- Crematories
- Day care centers
- Drive-through service facility of any kind
- Farmers markets
- Farm equipment, motorcycle, boat, and sport trailer sales and service
- Frozen food lockers.
- Grain and feed supply stores
- Heliports
- Lumber and building supply with undercover storage
- Monument sales
- Plumbing and electrical supply with undercover storage
- Restaurant with drive-through facility
- Taxicabs stands
- Temporary fair and show grounds
- Theaters [indoor]
- Transitional housing
- Treatment plants, water storage tanks, major transmission lines or pipelines,
pumping or regulator stations, communications towers, storage yards and
substations, and cable television facilities and accessory buildings
- Veterinary hospitals
- Wholesale establishments but not warehouses generally

3-4.11 CBD Central Business District

3-4.11.1 Legislative Intent

Legislative Intent. The intent of this district is to provide for orderly

development, infill and revitalization of the central business and commerce area

3- 4 Updated October XXX, 2018

 of the Town of Warrenton in accordance with objectives, policies, and proposals
of the Comprehensive Plan of the Town; and for the logical and timely
development of the land for primarily business purposes providing for higher
density residential development, especially on the upper floors of structures on
Main Street and encouraging a lively retail environment at the street level of
Main Street. The district is designed to encourage the following:

- Re-use of existing buildings in ways that are compatible with and supportive
of the purposes of the district and of the Comprehensive Plan.
- Preservation of the unified, historic character of the district and its function
as the retail and service center for Town citizens and visitors.
- The creation and reinforcement of the street as a public space, defined by
buildings fronting the street, to create a harmonious pedestrian environment
for Town citizens and visitors.
- Mixed uses within the district, including mixed uses within single structures.
- A uniformity of design to ensure the orderly arrangement of buildings, land
uses, and parking areas, and all construction hereafter proposed for this area.
- A cohesive interrelationship of buildings in order to ensure a harmonious
environment, allowing a degree of variety in building design provided said
variety is within the overall historic, human-scale design framework of the
district.
- Maximization of a beneficial interrelationship between vehicular facilities
(streets and parking lots), pedestrian facilities (sidewalks, malls and plazas),
and commercial establishments, with a particular focus on pedestrian,
convenience and safety.
- The provision of adequate, appropriately located off-street parking facilities.
- The architectural design and arrangement of buildings and spaces so as to
conform to the general character and plans of the district.

3-4.11.2 Permitted Uses (by-right)

- Accessory buildings
- Apartments
- Banks and other financial institutions, but not drive-in facilities
- Broadcasting stations
- Churches
- Cleaning and pressing shops limited to six (6) pressing machines, and four
(4) dry cleaning machines
- Clinics - outpatient care only
- Community buildings
- Historic shrines and museums
- Institutional buildings
- Medical and dental offices/clinics

3- 5 Updated October XXX, 2018

 - Mixed Use structures
- Mobile Food Vendors subject to Article 9-24
- Offices for business or professional use
- Off-street parking and load subject to Article 7
- Open space subject to Article 9
- Parking lots, in accord with supplemental regulations in Article 9 and
parking lot standards, Article 7
- Personal service stores not exceeding three thousand (3,000) square feet in
gross area, or within an existing space legally used for such purposes within
the previous five years.
- Restaurants, without drive-in facilities
- Retail service stores not exceeding three thousand (3,000) square feet in
gross area, or within an existing space legally used for such purposes within
the previous five years
- Signs subject to Article 6
- Single-family detached dwelling units
- Studios and Trade Schools
- Theaters
- Townhouses and duplexes
- Utilities related to and necessary service within the Town, including poles,
wires, transformers, telephone booths, and the like for electrical power
distribution of communication service, and underground pipelines or
conduits for local electrical, gas, sewer, or water service, but not those
facilities listed as requiring a special use permit
- Vending machines

3-4.11.3 Permissible Uses (by special use permit upon approval of the Town Council)

- Active and passive recreation and recreational facilities

- Child care center, day care center, or nursery school
- Clubs and lodges
- Commercial parking lots and garages
- Commercial recreational establishments
- Drive-through facilities for banks and financial institutions
- Emergency housing
- Farmers markets
- Funeral homes
- Health and Fitness Facilities
- Hotels and motels, not exceeding seventy-five (75) rooms
- Hotels, Inns, Bed & Breakfasts, and Tourist Homes
- Medical centers and laboratories
- Parks and playgrounds.
- Printing establishments in excess of 3,000 square feet in gross area

3- 6 Updated October XXX, 2018

 - Rental service establishments, with no outside equipment storage.
- Retail, personal or business services, office, or restaurants in dwellings or
apartment buildings
- Schools, including trade schools
- Small equipment sales and/or service operations
- Taxicab stands
- Water storage tanks, major transmission lines or pipelines, pumping or
regulator stations, communications towers, and substations, and cable
television facilities and accessory buildings

3-4.12 I Industrial District

3-4.12.1 Legislative Intent

It is the intent of this district to implement the Town’s Comprehensive Plan by

providing for a variety of light manufacturing, fabricating, processing, wholesale
distributing, and warehousing uses appropriately located for access by highways
and providing a controlled environment within which signing is limited, uses are
to be conducted generally within completely enclosed buildings, and a moderate
amount of landscaping is required. In order to preserve the land for industry, to
reduce extraneous traffic, and avoid future conflicts between industry and other
uses, business and service uses are limited primarily to those which will be useful
to employees in the district and future residential uses are restricted.

3-4.12.2 Permitted Uses (by-right)

- Accessory buildings
- Active and Passive Recreation and Recreational Facilities
- Banks and savings and loan offices
- Broadcasting studios and offices
- Business and office supply establishments
- Cabinet, upholstery, and furniture shops
- Cafeteria or snack bar for employees
- Clinics, medical or dental
- Commercial uses constituting up to 15% of permitted site or building area
- Conference Centers
- Contractor’s office and warehouse without outdoor storage
- Crematory
- Dwellings for resident watchmen and caretakers employed on the premises
- Employment service or agency
- Flex Office and Industrial uses
- Health and Fitness Facilities
- Institutional buildings

3- 7 Updated October XXX, 2018

 - Janitorial service establishment
- Laboratories, research, experimental or testing, but not testing explosives,
rockets, or jet engines
- Light manufacturing uses which do not create danger to health and safety in
surrounding areas and which do not create offensive noise, vibration, smoke,
dust, lint, odor, heat, glare, or electrical impulse than that which is generally
associated with light industries
- Mobile Food Vendors as permitted per subject to Article 9-24
- Monument sales establishments with incidental processing to order but not
including shaping of headstones
- Motion picture studio
- Nurseries and greenhouses
- Offices- business, professional, or administrative
- Off-street parking and loading subject to Article 7
- Open space subject to Article 9
- Printing, publishing, and engraving establishment; photographic processing;
blueprinting; photocopying; and similar uses
- Private club, lodge, meeting hall, labor union, or fraternal organization or
sorority
- Rental service establishment
- Retail or wholesale sales and service incidental to a permitted manufacturing,
processing, storing, or distributing use
- Rug and carpet cleaning and storage with incidental sales of rugs and carpets
- Security service office or station
- Sign fabricating and painting
- Signs, subject to Article 6
- Studios
- Transmission and receiving towers of height not exceeding one hundred
twenty-five (125) feet
- Utilities related to and necessary for service within the Town, including
poles, wires, transformers, telephone booths, and the like for electrical power
distribution or communication service, and underground pipelines or
conduits for local electrical, gas, sewer, or water service, but not those
facilities listed as requiring a special use permit
- Wholesale establishment, storage warehouse, or distribution center. furniture
moving

3-4.12.3 Permissible Uses (by special use permit upon approval of the Town Council)

- Automobile body shop

- Automobile and truck repair and service
- Commercial Kennels
- Contractor’s storage yard

3- 8 Updated October XXX, 2018

 - Farm equipment, motorcycle, boat and sport trailer sales and service
- Fuel, coal, oil distribution storage yards
- Lumber and building supply with undercover storage.
- Maintenance and equipment shops with screened outside storage
- Outdoor storage of any kind
- Plumbing and electrical supply with undercover storage
- Restaurant or cafeteria, drive-thru or otherwise
- Self-service mini-warehouse
- Temporary fair and show grounds
- Tire and battery sales and service, tire recapping and retreading
- Transmission and receiving towers of height greater than one hundred
twenty-five (125) feet.
- Treatment plants, water storage tanks, major transmission lines or pipelines,
pumping or regulator stations, communications towers, storage yards and
substations, and cable television facilities and accessory buildings

3-5.2 PUD - Planned Unit Development District

3-5.2.1 Legislative Intent

It is the intent of this Article is to encourage innovations in residential and nonresidential

development so that the growing demands of Warrenton may be met by greater variety in type,
design and layout of buildings and housing types and to achieve the purposes set out in Section
15.2-2283 of the Code of Virginia, the Town's Comprehensive Plan, and the following specific
purposes of:

3-5.2.1.1 Residential Planned Unit Development (R-PUD)

1. Providing increased flexibility in the laws governing the development of those

areas in Warrenton which are now substantially open land and encouraging such
development in directions that will recognize both the changes in design and
technology in the building industry and the new demands in the housing market;
2. Ensuring that the uniform regulations appropriate to previously developed
residential neighborhoods do not operate to discourage efficient and imaginative
development of said substantially open areas consistent with the reasonable
enjoyment of neighboring properties;
3. Encouraging the more efficient allocation and maintenance by private initiative of
Common Open Space ancillary to new residential areas;
4. Encouraging the more efficient use of those public facilities required in
connection with new residential development;

3- 9 Updated October XXX, 2018

 5. Encouraging the creation of human-scaled development with pedestrian-friendly
streets, in a traditional neighborhood pattern;
6. Encouraging compatible infill development; and
7. Encouraging the development of affordable housing for local residents.

3-5.2.1.2 Commercial or Industrial Planned Unit Development

1. Increasing economic opportunities through planned communities that include light

industrial and/or commercial business parks with on-site residential development
conducive to implementing the Goals and Objectives of the Comprehensive Plan.
2. Developing gateway communities to maintain and convey a sense of the Town's
unique character by utilizing mixed-use development compatible with
Warrenton's historic environment.
3. Discouraging stereotypical "strip development" and encouraging creative urban
design though zoning and subdivision regulations that incorporate flexible design
standards, incentives and bonuses. Therefore, the PUD process shall permit a
freer placement of buildings within the project area than the conventional
subdivision system. In consideration of the unified development concept, the total
project parcel shall be the unit of regulation and density shall be calculated on a
project-wide basis to permit the clustering of buildings to create open space and
preserve natural site features.
4. Maintaining and encouraging efficient land use patterns that integrate residential,
commercial, public and employment in planned neighborhoods.
5. Targeting and recruiting new private sector employers in specific commercial and
industrial uses to maintain and enhance a balanced tax base through the expansion
of employment opportunities that complement and support Main Street.
6. Promoting professional offices and their contributions to a balanced mix of
employment opportunities.
7. Balancing multi-modal transportation needs including motor vehicles, bicycles
and pedestrians.
8. Reducing vehicular traffic by locating employment and housing within one
development.

3-5.2.2 Applicability

The PUD Overlay District is hereby established as an overlay district, as shown on the Town's
Official Zoning Map. All regulations of the applicable underlying regular base zoning district
shall apply to each parcel within the overlay district, except as modified by the provisions of the
overlay district and any proffers or other limitations associated with the approval of a specific
overlay district application by the Town. Hereinafter, the term PUD shall refer to residential and
business planned unit developments; residential planned unit developments may be referenced as
R-PUD and business developments may be further characterized as C-PUD (those PUDs with an
underlying commercial zoning designation) or I-PUD (those PUDs with an underlying industrial
base zoning district).

3 - 10 Updated October XXX, 2018

3-5.2.3 General Planning Considerations

3-5.2.3.1 Residential Planned Unit Development (R-PUD)

In considering an application for a Residential Planned Unit Development (R-PUD) with

a primary residential component, the Town Council may request information which will
aid in determining that:

1. The population density of the R-PUD is consistent with the recommended

population density embodied in the Comprehensive Plan and zoning for that area.
2. The incorporation of the development with existing land use and the proposed
land uses adjacent to the site has been attempted.
3. The conditions and availability of adjacent streets to efficiently and safely afford
movement of the volume of vehicles to be generated by development have been
met.
4. Additional community facilities made necessary by the proposed development
will be provided in accord with the Town's plans and policies.
5. Additional public services made necessary by the proposed development will be
provided or funds reserved for them in accord with the Town's plans and policies.
6. The adequacy of utility services is sufficient for the proposed uses.
7. The amount and relationship of the various types of dwellings proposed by the
development are documented.
8. The ratio of dwelling units to be owner occupied and rental is documented.
9. The amount, location, and proposed use of permanent open space achieved by the
development are illustrated.
10. The preservation of trees, groves, watercourses, scenic points, historic spots, and
other community assets and landmarks will be incorporated.
11. Streets and sidewalks that are safe and convenient for pedestrian activity are
provided within the development and connected to existing or proposed networks
adjoining the development.

3-5.2.3.2 Commercial and Industrial Planned Unit Developments (C-PUD/I-

PUD)

In considering an application for a Commercial or Industrial Planned Unit Development

(C-PUD or I-PUD) with a primary commercial and/or industrial component, the Town
Council may request information which will aid in determining that:

1. The pattern of development within the respective PUD is consistent with the
features of the Town's traditional design and development patterns and expands the

3 - 11 Updated October XXX, 2018

 opportunity for a Live-work environment as identified in the Warrenton
Comprehensive Plan.
2. Existing and proposed land uses adjacent to the site have been considered.
3. The PUD is established in an area adjacent to an arterial highway and is served by
a road network of minor arterial highways or higher as designated in the Warrenton
Comprehensive Plan to efficiently and safely afford movement of the volume of
vehicles generated by the development.
4. Additional community facilities made necessary by the proposed development will
be provided in accord with the Town's plans and policies.
5. Additional public services made necessary by the proposed development will be
provided or funds will be reserved in accordance with the Town's plans and
policies.
6. The adequacy of utility services is sufficient for the proposed uses.
7. The amount and relationship of the various types of industrial, commercial, and
residential uses proposed by the development are documented.
8. The amount, location, and proposed uses of permanent open space achieved by the
development are illustrated.
9. The preservation of trees, groves, watercourses, scenic points, historic spots, and
other community assets and landmarks will be incorporated.
10. Development is designed to promote quality lifestyles by encouraging pedestrian
movement and reducing automobile movement. Therefore, connections shall be
provided from the development to any adjacent existing and/or proposed sidewalks
or trails.

3-5.2.4 Standards and Criteria for Planned Unit Developments

This Article is formulated according to the principle that the PUD is an innovative departure
from the traditional concept of zoning. In providing guidance for a PUD, the following standards
and criteria are outlined in order to present respective minimum and maximum regulations.

3-5.2.4.1 General Criteria

Uses within the R-PUD shall emphasize residential uses permitted in the underlying
base zoning district. Uses within the C-PUD and I-PUD shall emphasize commercial or
industrial uses, depending upon the underlying base zoning district and subject to the
development standards set forth in the chart below:

3 - 12 Updated October XXX, 2018

PUD Development Standards:
R-PUD C-PUD I-PUD
Underlying base Underlying base Underlying base
Category
residential zoning commercial zoning industrial zoning
district district district
Minimum total land area
25A 25A 25A
required.
Maximum Density (FAR) 0.40 0.50 0.60
Land Use Mix *

Maximum 15%
Industrial Maximum 35% Minimum 50%
(limited to Office only)

Commercial Maximum 35% Minimum 50% Maximum 30%

Residential Minimum 50% Maximum 15% Maximum 20%
Minimum 5% Minimum 5%
Mixed Use Residential
Maximum 15% Maximum 35%

Open Space Min. 25% Min. 25% Min. 20%

Open Space Bonus
(Healthy Lifestyle,
25% 15% 15%
Amenities and/or Civic
Greens)
Open Space for Stand-alone
500 Sq Ft/unit; 500 Sq Ft/unit; min. 10,000 Sq Ft
Multi-Family
min. 10,000 Sq Ft Area min. 10,000 Sq Ft Area Area
**(included in min.)
Height **
Residential, except
35 NA NA
multifamily
Multi-Family Residential 55 45 45
Mixed Use 55 55 45
All Other Uses 35 45 45

* The proposed Land Use Mix and FAR are based on the total land area within each
PUD (e.g.: no more than 35% of the allowable uses in the C-PUD may be industrial, and
in any event development may be at a density no greater than the maximum permitted
coverage expressed as FAR). The Land Use Mix may be modified pursuant to § 3-
5.2.4.3.

** Heights are further subject to criteria set forth in § 3-5.2.8, however, height limits for
mixed use buildings with residential uses may be increased up to 65 feet with Town

3 - 13 Updated October XXX, 2018

Council approval; multifamily dwellings are subject to a Special Use Permit in the C-
PUD.

3-5.2.4.2 Other Criteria for Residential Planned Unit Developments

1. The applications and provisions of this Article shall be applied only to an area of
not less than twenty-five (25) adjacent and/or contiguous acres within any R
district.
2. The Plan shall include maps and narrative text that describe the location of and
relationships between all residential and commercial development, public
facilities, roadways, open space and recreation areas, and other proposed major
facilities.
3. The Plan shall provide for at least two dwelling types.
4. A Mixed Use Residential bonus system is offered to encourage private sector
development of affordable dwelling units (ADU), in accord with Article 9,
Section 9-3.
5. Not more than fifty (50) percent of the total number of dwelling units shall be
provided in multi-family units.
6. No building designed or intended to be used, in part or in whole, for commercial
purposes shall be constructed prior to the completion of not less than twenty (20)
percent of the dwelling units proposed in the Plan. The Council shall further have
the authority to waive or modify the criteria established in this section, if, in the
opinion of the Council it shall determine that the grant of such waiver or
modification (i) shall advance the legislative intent and general planning
considerations underlying the Planned Unit Development District and this
Ordinance, (ii) shall be in general conformity with the adopted Comprehensive
Plan, and (iii) shall not create an adverse effect on adjacent land uses.
7. Residential and open space uses shall be incorporated into each phase or stage of
development in the manner prescribed by the Plan. Applicable recreational
facilities shall be completed prior to construction of the next phase.
8. Town Council reserves the right to disapprove any sub area (net) densities that
are in excess of that which would otherwise be allowed for the same dwelling
type under this Ordinance.
9. The applicant shall designate geographic sections and identify the number and
type of dwellings of the entire parcel to be developed as a Planned Unit
Development.
10. The unique nature of a proposal for Planned Unit Development may require that
the specifications for the width and surfacing of streets and highways, alleys,
ways for public utilities, for curbs, gutters, sidewalks, street lights, public parks
and playgrounds, school grounds, storm water drainage, water supply and
distribution, sanitary sewers and sewage collection and treatment shall be subject
to modification from the specifications established in the provisions of the Town
of Warrenton Public Facilities Manual. The Council may therefore waive or
modify the specifications otherwise applicable for a particular public facility
where the Council finds that such specifications are not required in the interest of

3 - 14 Updated October XXX, 2018

 the residents of the Planned Unit Development and that the modifications of such
specifications are not inconsistent with the interests of the Town. Proposed
specifications and standards that are contrary to those required under the
prevailing Town regulatory codes shall be termed acceptable upon approval by
the Zoning Administrator.

3-5.2.4.3 Other Criteria for Commercial and Industrial Planned Unit

Developments

1. The applications and provisions of this Article shall be applied only to an area
equal to or greater than twenty-five (25) adjacent and/or contiguous acres within an
Industrial or Commercial District.
2. A Master Plan shall be required to guide the development. This Plan shall include
(i) a general development plan incorporating land bays and land uses as set forth
in the Development Standards (§ 3-5.2.4.1) and Use Regulations (§ 3-5.2.6) and
(ii) a narrative text that describes phasing, the location of and relationships
between all development types, public facilities, roadways, open space and
recreation areas, and other proposed major facilities. The Plan shall provide for
integrated development of all of the proposed uses and the coordination of
infrastructure as a cohesive entity, rather than separate components or independent
cells of land use.
3. Residential development within the I-PUD shall be limited to mixed commercial
and/or industrial uses with dwellings having ten (10) or more dwelling units that
may be designed as mixed-use developments.
4. Phasing. No dwelling units designed or intended to be used solely for residential
purposes shall be constructed prior to the completion of not less than thirty five
(35) percent of commercial and/or industrial uses, except mixed-use buildings
constructed with a residential component shall not be subject to this threshold
requirement.
5. The Town Council shall, upon recommendation of the planning commission, have
the authority to modify (making the criteria more, less or equally restrictive) or
waive, the criteria established §3-5.2 et seq. for Commercial or Industrial Planned
Unit Development, if in the opinion of Town Council it shall determine that such
modification or waiver:
a. Shall advance the legislative intent and general planning considerations
underlying the PUD and this Ordinance,
b. Shall be in general conformity with the adopted Comprehensive Plan, and
c. Shall not create an adverse effect on adjacent land uses.
6. The unique nature of a proposal for the PUD may require that the specifications
for the width and surfacing of streets and rights-of-way; use of alleys; easements
for public utilities; curbs, gutters, and sidewalks; street lights; public parks and
playgrounds; school grounds; storm water drainage; water supply and distribution;

3 - 15 Updated October XXX, 2018

 sanitary sewers and sewage collection; shall be subject to modification from, or
waiver of, the specifications established in the provisions of the Town of
Warrenton Public Facilities Manual. The Council may, upon recommendation of
the planning commission, waive or modify the specifications otherwise applicable
for a particular public facility as noted above, where the Council finds that such
specifications are not required in the interest of the occupants of the PUD and that
the modifications of such specifications are not inconsistent with the interests of
the Town. Said waivers or modifications may also include waivers of
modifications of the requirements of Article 6 – Sign Regulations, such that the
applicant may create a comprehensive sign package for a proposed development.
7. Multilevel Parking Facilities shall be allowed as a by-right use within the
Commercial and Industrial Planned Unit Development for a maximum of three
stories above grade. Multilevel parking facilities should be encouraged as a
means of centralizing parking and reducing overall impervious surfaces within the
PUD area. The Town recognizes the need for a centralized parking area that may
be considered part of the common ownership of the project area. Multilevel
Parking Facilities may also exist as an accessory structure to a primary use, either
above or below grade. The square footage of the multilevel parking facility shall
be excluded from the overall Floor Area Ratio for the project.

3-5.2.5 Use Regulations - Residential Planned Unit Developments (R-PUD)

A building may be erected, altered, or used, and a lot or premises may be used or
occupied, for any of the following purposes, and no other, in addition to those permitted
by right within the underlying zoning district.

3-5.2.5.1 Uses Permitted by Right:

Residential Uses

1. Accessory buildings and uses customarily incidental to permitted uses

2. Apartment Building
3. Foster homes
4. Group Homes of eight or less serving physically handicapped, mentally ill,
mentally retarded, or other developmentally disabled persons
5. Home occupations
6. Senior/Disability Housing
7. Single-family detached dwelling units
8. Townhouse
9. Two, Three-, and Four-Family dwelling units

Commercial Uses

1. Banks without drive-thru facilities

2. Community Buildings

3 - 16 Updated October XXX, 2018

3. Church
4. Dental Offices
5. Family Care Facilities
6. Live/work dwellings
7. Medical Offices
8. Mixed-use residential/commercial/industrial-office units
9. Mobile Food Vendor subject to Article 9-24
10. Off-street parking for permitted uses subject to Article
11. Pet Grooming
12. Personal Service Establishments
13. Professional and Business Offices
14. Restaurants without drive-thru facilities.
15. Retail Shops
16. Senior Citizens Centers

Industrial Uses

1. Professional and Business Offices

3-5.2.5.2 Uses Permitted by Special Use Permit

The following uses may be permitted upon authorization of the Town Council subject to
Article 11, in addition to those permitted by Special Use Permit within the underlying
zoning district:

Residential

1. Active recreation and recreational facilities

2. Affordable Dwelling Units (ADU), within areas designated for multifamily
development, at bonus densities of up to twenty (20) dwelling units per net acre
3. Assisted living/care facilities
4. Family care homes
5. Group homes of more than eight serving physically handicapped, mentally ill,
mentally retarded, or other developmentally disabled persons
6. Home Business [see revised definition]

Commercial Uses

1. Banks with Drive-through Facilities

2. Health and Fitness Facilities
3. Institutions, Education and Philanthropic, including Museums, Art Galleries and
Libraries.
4. Restaurants with Drive-through Facilities
5. Swim and Tennis Club
6. Traditional Neighborhood Developments as provided for in Section 3-5.2.11

3 - 17 Updated October XXX, 2018

Industrial Uses

1. None in the R-PUD

3-5.2.6 Use Regulations – Commercial and Industrial Planned Unit

Developments

A building may be erected, altered, or used, and a lot or premises may be used or
occupied, for any of the following purposes, and no other.

3-5.2.6.1. C-PUD Uses Permitted by Right

The following principal uses shall be permitted subject to approval of the Master
Development Plan and subject to the use limitations set forth below in Sections 3-5.4.5.3
and 3-5.4.6:

Residential Uses

1. Home Occupations
2. Mixed Use Residential dwellings (apartments located above ground floor retail
and/or offices)

Commercial Uses

Any of the following uses provided that no one-business establishment exceeds 50,000
square feet of gross floor area on the lot or on the tract, unless covered by an approved
Master Plan as approved by the Town Council.

1. Accessory Buildings and uses customarily incidental to permitted uses

2. Active and Passive Recreation and Recreation Facilities
3. Banks and other financial institutions without drive-thru facilities
4. Community buildings
5. Convenience Stores
6. Dentist Offices
7. Family Care Facilities
8. Health and Fitness Facilities
9. Hotels and motels
10. Laundromat
11. Medical and Dental Clinics
12. Medical Offices
13. Mixed Use Commercial (retail/office)
14. Mobile Food Vendor subject to Article 9-24
15. Off-street parking for permitted uses subject to Article 7
16. Offices –business/industrial/professional
17. Parking Garage/Facilities (See Article 12 for Definition)
18. Parks and playgrounds
19. Personal Services

3 - 18 Updated October XXX, 2018

20. Professional and Business Offices
21. Restaurant without drive-thru facilities
22. Retail Sales, including stores and shops
23. Senior Centers
24. Shopping Centers
25. Studios
26. Theater

Industrial Uses

1. Conference Center
2. Contractor Offices
3. Flex Offices
4. Medical Laboratories
5. Taxi-cab Stands
6. Trade Schools
7. Warehouses

3-5.2.6.2 C-PUD Uses Permitted by Special Use Permit

The following uses may be permitted subject to approval of the Master Development plan
and authorization of the Town Council subject to Article 11 and to those limitations set
forth below in Sections 3-5.4.5.3 and 3-5.4.6:

Residential Uses

1. Dwelling Units for Elderly or Handicapped, within areas designated for multifamily
development, at bonus densities of up to twenty (20) dwelling units per net acre
within the permitted FAR.
2. Apartment Buildings, maximum 10%, but subject to the maximum of 15% for all
residential use of the site as prescribed in Section 3-5.2.4.1.
3. Assisted living/care facilities

Commercial Uses

1. Any use listed as permitted by right in Section 3-5.2.6.2 that exceeds 50,000 square
feet of gross floor area and was not included in a Master Plan for the development
as approved by Town Council.
2. Banks with drive-thru facilities.
3. Restaurant with Drive-thru facilities.

Industrial Uses

1. Contractor Office with Outdoor Storage

2. Lawn and Garden Retail/Equipment with Outdoor Storage

3 - 19 Updated October XXX, 2018

3-5.2.6.4. I-PUD Uses Permitted by Right

The following principal uses shall be permitted subject to approval of the Master
Development Plan and subject to the use limitations set forth below in Sections 3-5.4.5.3
and 3-5.4.6:

Residential Uses

1. Mixed Use Residential (apartments located above ground floor retail and/or offices)
2. Apartment buildings, multifamily dwellings, and condominiums, as authorized on
an approved Master Development Plan
3. Playgrounds and recreation areas

Commercial Uses

Any of the following uses, provided that no one-business establishment exceeds 50,000
square feet of gross floor area on the lot or on the tract, unless covered by an approved
Master Plan as approved by the Town Council.

1. Active and Passive Recreation and Recreation Areas and Facilities

2. Banks and Savings and Loan Offices
3. Commercial recreation (indoor)
4. Child Care Center
5. Clinics (medical and dental)
6. Family Care Home
7. Health and Fitness Facilities
8. Hotels and motels
9. Medical Offices and Laboratories
10. Mixed Use Retail/Commercial
11. Mobile Food Vendor subject to Article 9-24
12. Retail uses, Personal Services
13. Retail Stores and Shops
14. Restaurant without drive-thru facilities
15. Studios
16. Theater
17. Offices
18. Daycare Facilities

Industrial Uses

1. Accessory Buildings and uses customarily incidental to permitted uses

2. Broadcast Studios
3. Business and office supply establishments
4. Cabinet, upholstery and furniture repair shops
5. Cafeterias, snack bars or other employee related commercial facilities up to 15% of
building area
6. Conference Centers
7. Employment Service or Agency
3 - 20 Updated October XXX, 2018
8. Flex industrial
9. Health and fitness facilities
10. Institutional buildings
11. Light manufacturing uses, which can confine all aspect of the production and or
manufacturing of product to the interior of the building and do not create danger to
health and safety of the surrounding areas.
12. Medical Laboratories
13. Mixed Use Industrial (retail/office/industrial)
14. Off-street parking for permitted uses subject to Article 7
15. Offices
16. Parking Garage/Facilities (See Article 12 for Definition)
17. Parks
18. Plumbing and electrical supply, retail only
19. Rental Service Establishments, without outdoor storage
20. Restaurant
21. Security service office or station
22. Trade Schools
23. Warehouses restricted to outer areas of PUD
24. Wholesale establishment

3 - 21 Updated October XXX, 2018

 Article 3 Zoning Districts and Map

Amended by Town Council: March 11, 2008

February 12, 2013
April 12, 2016
June 14, 2016
August 9, 2016
XXX, 2018

3-4.9 PSP Public-Semi-Public Institutional District

3-4.9.1 Legislative Intent

This district is intended to provide for major public, semi-public, and institutional
uses, to facilitate future growth of such uses within the district in accordance with
the objectives, policies, and proposals of the Comprehensive Plan, including the
encouragement of convenient and safe nearby residential neighborhoods, and to
provide evidence on the Zoning map of the nature of land use planned for this
district.

3-4.9.2 Permitted Uses (by-right)

- Accessory buildings and uses, including dwellings accessory to a permitted

use
- Cemeteries
- Child care center, day care center, or nursery school
- Churches
- Community buildings
- Fairgrounds, showgrounds, or exhibition center
- Family care homes, foster homes, or group homes
- Hospitals, nursing homes, and clinics
- Institutional uses
- Mobile Food Vendors in public parks subject to Article 9-24
- Offices for business or professional use
- Off-street parking for permitted uses subject to Article 7
- Open space subject to Article 9
- Parks and playgrounds
- Public or governmental buildings
- Rescue squad or volunteer fire company
- Schools
- Senior citizen center

3- 1 Updated XXX, 2018

 - Signs subject to Article 6
- Utilities related to and necessary for service within the Town, including
poles, wires, transformers, telephone booths, and the like for electrical power
distribution or communication service, and underground pipelines or
conduits for local electrical, gas, sewer, or water service, but not those
facilities listed as requiring a special use permit
- Yard sale or other special sale or event conducted on the premises of and for
the benefit of a permitted use in the district

3-4.9.3 Permissible Uses (by special use permit upon approval of the Town Council)

- Emergency housing
- Gift Shops
- Health and Fitness Facilities
- Museums
- Single Family Dwellings
- Visitor Centers
- Active and passive recreation and recreational facilities.
- Treatment plants, water storage tanks, major transmission lines or pipelines,
pumping or regulator stations, communications towers, storage yards and
substations, and cable television facilities and accessory buildings

3-4.10 C Commercial District

3-4.10.1 Legislative Intent

The intent of this district shall be to encourage the logical and timely
development of land for a range of commercial purposes in accordance with the
objectives, policies, and proposals of the Comprehensive Plan; to prohibit any
use which would create undue impacts on surrounding residential areas; and to
assure suitable design to protect the residential environment of adjacent and
nearby neighborhoods. It is further declared to be the intent of this district to
limit traffic congestion, overcrowding of land, noise, glare, and pollution, so as to
lessen the danger to the public safety, and to ensure convenient and safe
pedestrian access to and from commercial sites as well as between adjacent
commercial sites. The protective standards contained in this Article are intended
to minimize any adverse effect of the commercial district on nearby property
values and to provide for safe and efficient use of the commercial district itself.

3-4.10.2 Permitted Uses (by-right)

Any of the following uses provided that no one-business establishment exceeds

50,000 square feet of gross floor area on the lot or on the tract.

3- 2 Updated XXX, 2018

- Accessory uses customarily incidental to these uses.
- Apartments located above ground floor retail or office uses
- Banks and other financial institutions.
- Broadcasting stations.
- Churches
- Cleaning and pressing shops
- Clinics (medical and dental)
- Community buildings.
- Convenience store
- Funeral Homes
- Health and Fitness Facilities
- Hotels and motels
- Household Pet Grooming
- Institutional uses.
- Laundromat.
- Lawn and garden equipment
- Lumber and building supply with no outdoor storage
- Medical Centers and Laboratories
- Mobile Food Vendors subject to Article 9-24
- Non-fee parking lots and structures.
- Offices for business or professional use.
- Off-street parking subject to Article 7.
- Open space subject to Article 9.
- Personal and Business Services
- Plumbing and electrical supply (without outdoor storage)
- Rental service without outdoor storage
- Restaurant, carryout
- Restaurants without drive-through facilities
- Retail Sales, including stores and shops
- Service stations with no outside car vehicle storage and without vehicle
repair
- Signs subject to Article 6.
- Shopping centers
- Studios and trade schools.
- Taxidermist
- Trade school, studio
- Utilities related to and necessary for service within the Town, including
poles, wires, transformers, telephone booths, and the like for electrical power
distribution or communication service, and underground pipelines or
conduits for local electrical, gas, sewer, or water sewer service, but not those
facilities listed as requiring a special use permit.
- Vending machines and Laundromats

3- 3 Updated XXX, 2018

 3-4.10.3. Permissible Uses (by special use permit upon approval of the Town Council)

- Active and passive recreation and recreational facilities

- Animal kennels
- Any use listed as permitted by right in Section 3-4.10.2 that exceeds 50,000
square feet of gross floor area
- Automobile sales, truck sales and service repair garages, automobile body
shops, and tire recapping and retreading. (All vehicles must be parked on
paved surfaces)
- Carnivals, fairs, and other similar uses of a temporary nature
- Car Washes
- Car wash, Self-service
- Clubs, lodges, and assembly halls
- Commercial parking lots and garages
- Commercial recreational establishments
- Crematories
- Day care centers
- Drive-through service facility of any kind
- Farmers markets
- Farm equipment, motorcycle, boat, and sport trailer sales and service
- Frozen food lockers.
- Grain and feed supply stores
- Heliports
- Lumber and building supply with undercover storage
- Monument sales
- Plumbing and electrical supply with undercover storage
- Restaurant with drive-through facility
- Taxicabs stands
- Temporary fair and show grounds
- Theaters [indoor]
- Transitional housing
- Treatment plants, water storage tanks, major transmission lines or pipelines,
pumping or regulator stations, communications towers, storage yards and
substations, and cable television facilities and accessory buildings
- Veterinary hospitals
- Wholesale establishments but not warehouses generally

3-4.11 CBD Central Business District

3-4.11.1 Legislative Intent

Legislative Intent. The intent of this district is to provide for orderly

development, infill and revitalization of the central business and commerce area

3- 4 Updated XXX, 2018

 of the Town of Warrenton in accordance with objectives, policies, and proposals
of the Comprehensive Plan of the Town; and for the logical and timely
development of the land for primarily business purposes providing for higher
density residential development, especially on the upper floors of structures on
Main Street and encouraging a lively retail environment at the street level of
Main Street. The district is designed to encourage the following:

- Re-use of existing buildings in ways that are compatible with and supportive
of the purposes of the district and of the Comprehensive Plan.
- Preservation of the unified, historic character of the district and its function
as the retail and service center for Town citizens and visitors.
- The creation and reinforcement of the street as a public space, defined by
buildings fronting the street, to create a harmonious pedestrian environment
for Town citizens and visitors.
- Mixed uses within the district, including mixed uses within single structures.
- A uniformity of design to ensure the orderly arrangement of buildings, land
uses, and parking areas, and all construction hereafter proposed for this area.
- A cohesive interrelationship of buildings in order to ensure a harmonious
environment, allowing a degree of variety in building design provided said
variety is within the overall historic, human-scale design framework of the
district.
- Maximization of a beneficial interrelationship between vehicular facilities
(streets and parking lots), pedestrian facilities (sidewalks, malls and plazas),
and commercial establishments, with a particular focus on pedestrian,
convenience and safety.
- The provision of adequate, appropriately located off-street parking facilities.
- The architectural design and arrangement of buildings and spaces so as to
conform to the general character and plans of the district.

3-4.11.2 Permitted Uses (by-right)

- Accessory buildings
- Apartments
- Banks and other financial institutions, but not drive-in facilities
- Broadcasting stations
- Churches
- Cleaning and pressing shops limited to six (6) pressing machines, and four
(4) dry cleaning machines
- Clinics - outpatient care only
- Community buildings
- Historic shrines and museums
- Institutional buildings
- Medical and dental offices/clinics

3- 5 Updated XXX, 2018

 - Mixed Use structures
- Mobile Food Vendors subject to Article 9-24
- Offices for business or professional use
- Off-street parking and load subject to Article 7
- Open space subject to Article 9
- Parking lots, in accord with supplemental regulations in Article 9 and
parking lot standards, Article 7
- Personal service stores not exceeding three thousand (3,000) square feet in
gross area, or within an existing space legally used for such purposes within
the previous five years.
- Restaurants, without drive-in facilities
- Retail service stores not exceeding three thousand (3,000) square feet in
gross area, or within an existing space legally used for such purposes within
the previous five years
- Signs subject to Article 6
- Single-family detached dwelling units
- Studios and Trade Schools
- Theaters
- Townhouses and duplexes
- Utilities related to and necessary service within the Town, including poles,
wires, transformers, telephone booths, and the like for electrical power
distribution of communication service, and underground pipelines or
conduits for local electrical, gas, sewer, or water service, but not those
facilities listed as requiring a special use permit
- Vending machines

3-4.11.3 Permissible Uses (by special use permit upon approval of the Town Council)

- Active and passive recreation and recreational facilities

- Child care center, day care center, or nursery school
- Clubs and lodges
- Commercial parking lots and garages
- Commercial recreational establishments
- Drive-through facilities for banks and financial institutions
- Emergency housing
- Farmers markets
- Funeral homes
- Health and Fitness Facilities
- Hotels and motels, not exceeding seventy-five (75) rooms
- Hotels, Inns, Bed & Breakfasts, and Tourist Homes
- Medical centers and laboratories
- Parks and playgrounds.
- Printing establishments in excess of 3,000 square feet in gross area

3- 6 Updated XXX, 2018

 - Rental service establishments, with no outside equipment storage.
- Retail, personal or business services, office, or restaurants in dwellings or
apartment buildings
- Schools, including trade schools
- Small equipment sales and/or service operations
- Taxicab stands
- Water storage tanks, major transmission lines or pipelines, pumping or
regulator stations, communications towers, and substations, and cable
television facilities and accessory buildings

3-4.12 I Industrial District

3-4.12.1 Legislative Intent

It is the intent of this district to implement the Town’s Comprehensive Plan by

providing for a variety of light manufacturing, fabricating, processing, wholesale
distributing, and warehousing uses appropriately located for access by highways
and providing a controlled environment within which signing is limited, uses are
to be conducted generally within completely enclosed buildings, and a moderate
amount of landscaping is required. In order to preserve the land for industry, to
reduce extraneous traffic, and avoid future conflicts between industry and other
uses, business and service uses are limited primarily to those which will be useful
to employees in the district and future residential uses are restricted.

3-4.12.2 Permitted Uses (by-right)

- Accessory buildings
- Active and Passive Recreation and Recreational Facilities
- Banks and savings and loan offices
- Broadcasting studios and offices
- Business and office supply establishments
- Cabinet, upholstery, and furniture shops
- Cafeteria or snack bar for employees
- Clinics, medical or dental
- Commercial uses constituting up to 15% of permitted site or building area
- Conference Centers
- Contractor’s office and warehouse without outdoor storage
- Crematory
- Dwellings for resident watchmen and caretakers employed on the premises
- Employment service or agency
- Flex Office and Industrial uses
- Health and Fitness Facilities
- Institutional buildings

3- 7 Updated XXX, 2018

 - Janitorial service establishment
- Laboratories, research, experimental or testing, but not testing explosives,
rockets, or jet engines
- Light manufacturing uses which do not create danger to health and safety in
surrounding areas and which do not create offensive noise, vibration, smoke,
dust, lint, odor, heat, glare, or electrical impulse than that which is generally
associated with light industries
- Mobile Food Vendors subject to Article 9-24
- Monument sales establishments with incidental processing to order but not
including shaping of headstones
- Motion picture studio
- Nurseries and greenhouses
- Offices- business, professional, or administrative
- Off-street parking and loading subject to Article 7
- Open space subject to Article 9
- Printing, publishing, and engraving establishment; photographic processing;
blueprinting; photocopying; and similar uses
- Private club, lodge, meeting hall, labor union, or fraternal organization or
sorority
- Rental service establishment
- Retail or wholesale sales and service incidental to a permitted manufacturing,
processing, storing, or distributing use
- Rug and carpet cleaning and storage with incidental sales of rugs and carpets
- Security service office or station
- Sign fabricating and painting
- Signs, subject to Article 6
- Studios
- Transmission and receiving towers of height not exceeding one hundred
twenty-five (125) feet
- Utilities related to and necessary for service within the Town, including
poles, wires, transformers, telephone booths, and the like for electrical power
distribution or communication service, and underground pipelines or
conduits for local electrical, gas, sewer, or water service, but not those
facilities listed as requiring a special use permit
- Wholesale establishment, storage warehouse, or distribution center. furniture
moving

3-4.12.3 Permissible Uses (by special use permit upon approval of the Town Council)

- Automobile body shop

- Automobile and truck repair and service
- Commercial Kennels
- Contractor’s storage yard

3- 8 Updated XXX, 2018

 - Farm equipment, motorcycle, boat and sport trailer sales and service
- Fuel, coal, oil distribution storage yards
- Lumber and building supply with undercover storage.
- Maintenance and equipment shops with screened outside storage
- Outdoor storage of any kind
- Plumbing and electrical supply with undercover storage
- Restaurant or cafeteria, drive-thru or otherwise
- Self-service mini-warehouse
- Temporary fair and show grounds
- Tire and battery sales and service, tire recapping and retreading
- Transmission and receiving towers of height greater than one hundred
twenty-five (125) feet.
- Treatment plants, water storage tanks, major transmission lines or pipelines,
pumping or regulator stations, communications towers, storage yards and
substations, and cable television facilities and accessory buildings

3-5.2 PUD - Planned Unit Development District

3-5.2.1 Legislative Intent

It is the intent of this Article is to encourage innovations in residential and nonresidential

development so that the growing demands of Warrenton may be met by greater variety in type,
design and layout of buildings and housing types and to achieve the purposes set out in Section
15.2-2283 of the Code of Virginia, the Town's Comprehensive Plan, and the following specific
purposes of:

3-5.2.1.1 Residential Planned Unit Development (R-PUD)

1. Providing increased flexibility in the laws governing the development of those

areas in Warrenton which are now substantially open land and encouraging such
development in directions that will recognize both the changes in design and
technology in the building industry and the new demands in the housing market;
2. Ensuring that the uniform regulations appropriate to previously developed
residential neighborhoods do not operate to discourage efficient and imaginative
development of said substantially open areas consistent with the reasonable
enjoyment of neighboring properties;
3. Encouraging the more efficient allocation and maintenance by private initiative of
Common Open Space ancillary to new residential areas;
4. Encouraging the more efficient use of those public facilities required in
connection with new residential development;

3- 9 Updated XXX, 2018

 5. Encouraging the creation of human-scaled development with pedestrian-friendly
streets, in a traditional neighborhood pattern;
6. Encouraging compatible infill development; and
7. Encouraging the development of affordable housing for local residents.

3-5.2.1.2 Commercial or Industrial Planned Unit Development

1. Increasing economic opportunities through planned communities that include light

industrial and/or commercial business parks with on-site residential development
conducive to implementing the Goals and Objectives of the Comprehensive Plan.
2. Developing gateway communities to maintain and convey a sense of the Town's
unique character by utilizing mixed-use development compatible with
Warrenton's historic environment.
3. Discouraging stereotypical "strip development" and encouraging creative urban
design though zoning and subdivision regulations that incorporate flexible design
standards, incentives and bonuses. Therefore, the PUD process shall permit a
freer placement of buildings within the project area than the conventional
subdivision system. In consideration of the unified development concept, the total
project parcel shall be the unit of regulation and density shall be calculated on a
project-wide basis to permit the clustering of buildings to create open space and
preserve natural site features.
4. Maintaining and encouraging efficient land use patterns that integrate residential,
commercial, public and employment in planned neighborhoods.
5. Targeting and recruiting new private sector employers in specific commercial and
industrial uses to maintain and enhance a balanced tax base through the expansion
of employment opportunities that complement and support Main Street.
6. Promoting professional offices and their contributions to a balanced mix of
employment opportunities.
7. Balancing multi-modal transportation needs including motor vehicles, bicycles
and pedestrians.
8. Reducing vehicular traffic by locating employment and housing within one
development.

3-5.2.2 Applicability

The PUD Overlay District is hereby established as an overlay district, as shown on the Town's
Official Zoning Map. All regulations of the applicable underlying regular base zoning district
shall apply to each parcel within the overlay district, except as modified by the provisions of the
overlay district and any proffers or other limitations associated with the approval of a specific
overlay district application by the Town. Hereinafter, the term PUD shall refer to residential and
business planned unit developments; residential planned unit developments may be referenced as
R-PUD and business developments may be further characterized as C-PUD (those PUDs with an
underlying commercial zoning designation) or I-PUD (those PUDs with an underlying industrial
base zoning district).

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3-5.2.3 General Planning Considerations

3-5.2.3.1 Residential Planned Unit Development (R-PUD)

In considering an application for a Residential Planned Unit Development (R-PUD) with

a primary residential component, the Town Council may request information which will
aid in determining that:

1. The population density of the R-PUD is consistent with the recommended

population density embodied in the Comprehensive Plan and zoning for that area.
2. The incorporation of the development with existing land use and the proposed
land uses adjacent to the site has been attempted.
3. The conditions and availability of adjacent streets to efficiently and safely afford
movement of the volume of vehicles to be generated by development have been
met.
4. Additional community facilities made necessary by the proposed development
will be provided in accord with the Town's plans and policies.
5. Additional public services made necessary by the proposed development will be
provided or funds reserved for them in accord with the Town's plans and policies.
6. The adequacy of utility services is sufficient for the proposed uses.
7. The amount and relationship of the various types of dwellings proposed by the
development are documented.
8. The ratio of dwelling units to be owner occupied and rental is documented.
9. The amount, location, and proposed use of permanent open space achieved by the
development are illustrated.
10. The preservation of trees, groves, watercourses, scenic points, historic spots, and
other community assets and landmarks will be incorporated.
11. Streets and sidewalks that are safe and convenient for pedestrian activity are
provided within the development and connected to existing or proposed networks
adjoining the development.

3-5.2.3.2 Commercial and Industrial Planned Unit Developments (C-PUD/I-

PUD)

In considering an application for a Commercial or Industrial Planned Unit Development

(C-PUD or I-PUD) with a primary commercial and/or industrial component, the Town
Council may request information which will aid in determining that:

1. The pattern of development within the respective PUD is consistent with the
features of the Town's traditional design and development patterns and expands the

3 - 11 Updated XXX, 2018

 opportunity for a Live-work environment as identified in the Warrenton
Comprehensive Plan.
2. Existing and proposed land uses adjacent to the site have been considered.
3. The PUD is established in an area adjacent to an arterial highway and is served by
a road network of minor arterial highways or higher as designated in the Warrenton
Comprehensive Plan to efficiently and safely afford movement of the volume of
vehicles generated by the development.
4. Additional community facilities made necessary by the proposed development will
be provided in accord with the Town's plans and policies.
5. Additional public services made necessary by the proposed development will be
provided or funds will be reserved in accordance with the Town's plans and
policies.
6. The adequacy of utility services is sufficient for the proposed uses.
7. The amount and relationship of the various types of industrial, commercial, and
residential uses proposed by the development are documented.
8. The amount, location, and proposed uses of permanent open space achieved by the
development are illustrated.
9. The preservation of trees, groves, watercourses, scenic points, historic spots, and
other community assets and landmarks will be incorporated.
10. Development is designed to promote quality lifestyles by encouraging pedestrian
movement and reducing automobile movement. Therefore, connections shall be
provided from the development to any adjacent existing and/or proposed sidewalks
or trails.

3-5.2.4 Standards and Criteria for Planned Unit Developments

This Article is formulated according to the principle that the PUD is an innovative departure
from the traditional concept of zoning. In providing guidance for a PUD, the following standards
and criteria are outlined in order to present respective minimum and maximum regulations.

3-5.2.4.1 General Criteria

Uses within the R-PUD shall emphasize residential uses permitted in the underlying
base zoning district. Uses within the C-PUD and I-PUD shall emphasize commercial or
industrial uses, depending upon the underlying base zoning district and subject to the
development standards set forth in the chart below:

3 - 12 Updated XXX, 2018

PUD Development Standards:
R-PUD C-PUD I-PUD
Underlying base Underlying base Underlying base
Category
residential zoning commercial zoning industrial zoning
district district district
Minimum total land area
25A 25A 25A
required.
Maximum Density (FAR) 0.40 0.50 0.60
Land Use Mix *

Maximum 15%
Industrial Maximum 35% Minimum 50%
(limited to Office only)

Commercial Maximum 35% Minimum 50% Maximum 30%

Residential Minimum 50% Maximum 15% Maximum 20%
Minimum 5% Minimum 5%
Mixed Use Residential
Maximum 15% Maximum 35%

Open Space Min. 25% Min. 25% Min. 20%

Open Space Bonus
(Healthy Lifestyle,
25% 15% 15%
Amenities and/or Civic
Greens)
Open Space for Stand-alone
500 Sq Ft/unit; 500 Sq Ft/unit; min. 10,000 Sq Ft
Multi-Family
min. 10,000 Sq Ft Area min. 10,000 Sq Ft Area Area
**(included in min.)
Height **
Residential, except
35 NA NA
multifamily
Multi-Family Residential 55 45 45
Mixed Use 55 55 45
All Other Uses 35 45 45

* The proposed Land Use Mix and FAR are based on the total land area within each
PUD (e.g.: no more than 35% of the allowable uses in the C-PUD may be industrial, and
in any event development may be at a density no greater than the maximum permitted
coverage expressed as FAR). The Land Use Mix may be modified pursuant to § 3-
5.2.4.3.

** Heights are further subject to criteria set forth in § 3-5.2.8, however, height limits for
mixed use buildings with residential uses may be increased up to 65 feet with Town

3 - 13 Updated XXX, 2018

Council approval; multifamily dwellings are subject to a Special Use Permit in the C-
PUD.

3-5.2.4.2 Other Criteria for Residential Planned Unit Developments

1. The applications and provisions of this Article shall be applied only to an area of
not less than twenty-five (25) adjacent and/or contiguous acres within any R
district.
2. The Plan shall include maps and narrative text that describe the location of and
relationships between all residential and commercial development, public
facilities, roadways, open space and recreation areas, and other proposed major
facilities.
3. The Plan shall provide for at least two dwelling types.
4. A Mixed Use Residential bonus system is offered to encourage private sector
development of affordable dwelling units (ADU), in accord with Article 9,
Section 9-3.
5. Not more than fifty (50) percent of the total number of dwelling units shall be
provided in multi-family units.
6. No building designed or intended to be used, in part or in whole, for commercial
purposes shall be constructed prior to the completion of not less than twenty (20)
percent of the dwelling units proposed in the Plan. The Council shall further have
the authority to waive or modify the criteria established in this section, if, in the
opinion of the Council it shall determine that the grant of such waiver or
modification (i) shall advance the legislative intent and general planning
considerations underlying the Planned Unit Development District and this
Ordinance, (ii) shall be in general conformity with the adopted Comprehensive
Plan, and (iii) shall not create an adverse effect on adjacent land uses.
7. Residential and open space uses shall be incorporated into each phase or stage of
development in the manner prescribed by the Plan. Applicable recreational
facilities shall be completed prior to construction of the next phase.
8. Town Council reserves the right to disapprove any sub area (net) densities that
are in excess of that which would otherwise be allowed for the same dwelling
type under this Ordinance.
9. The applicant shall designate geographic sections and identify the number and
type of dwellings of the entire parcel to be developed as a Planned Unit
Development.
10. The unique nature of a proposal for Planned Unit Development may require that
the specifications for the width and surfacing of streets and highways, alleys,
ways for public utilities, for curbs, gutters, sidewalks, street lights, public parks
and playgrounds, school grounds, storm water drainage, water supply and
distribution, sanitary sewers and sewage collection and treatment shall be subject
to modification from the specifications established in the provisions of the Town
of Warrenton Public Facilities Manual. The Council may therefore waive or
modify the specifications otherwise applicable for a particular public facility
where the Council finds that such specifications are not required in the interest of

3 - 14 Updated XXX, 2018

 the residents of the Planned Unit Development and that the modifications of such
specifications are not inconsistent with the interests of the Town. Proposed
specifications and standards that are contrary to those required under the
prevailing Town regulatory codes shall be termed acceptable upon approval by
the Zoning Administrator.

3-5.2.4.3 Other Criteria for Commercial and Industrial Planned Unit

Developments

1. The applications and provisions of this Article shall be applied only to an area
equal to or greater than twenty-five (25) adjacent and/or contiguous acres within an
Industrial or Commercial District.
2. A Master Plan shall be required to guide the development. This Plan shall include
(i) a general development plan incorporating land bays and land uses as set forth
in the Development Standards (§ 3-5.2.4.1) and Use Regulations (§ 3-5.2.6) and
(ii) a narrative text that describes phasing, the location of and relationships
between all development types, public facilities, roadways, open space and
recreation areas, and other proposed major facilities. The Plan shall provide for
integrated development of all of the proposed uses and the coordination of
infrastructure as a cohesive entity, rather than separate components or independent
cells of land use.
3. Residential development within the I-PUD shall be limited to mixed commercial
and/or industrial uses with dwellings having ten (10) or more dwelling units that
may be designed as mixed-use developments.
4. Phasing. No dwelling units designed or intended to be used solely for residential
purposes shall be constructed prior to the completion of not less than thirty five
(35) percent of commercial and/or industrial uses, except mixed-use buildings
constructed with a residential component shall not be subject to this threshold
requirement.
5. The Town Council shall, upon recommendation of the planning commission, have
the authority to modify (making the criteria more, less or equally restrictive) or
waive, the criteria established §3-5.2 et seq. for Commercial or Industrial Planned
Unit Development, if in the opinion of Town Council it shall determine that such
modification or waiver:
a. Shall advance the legislative intent and general planning considerations
underlying the PUD and this Ordinance,
b. Shall be in general conformity with the adopted Comprehensive Plan, and
c. Shall not create an adverse effect on adjacent land uses.
6. The unique nature of a proposal for the PUD may require that the specifications
for the width and surfacing of streets and rights-of-way; use of alleys; easements
for public utilities; curbs, gutters, and sidewalks; street lights; public parks and
playgrounds; school grounds; storm water drainage; water supply and distribution;

3 - 15 Updated XXX, 2018

 sanitary sewers and sewage collection; shall be subject to modification from, or
waiver of, the specifications established in the provisions of the Town of
Warrenton Public Facilities Manual. The Council may, upon recommendation of
the planning commission, waive or modify the specifications otherwise applicable
for a particular public facility as noted above, where the Council finds that such
specifications are not required in the interest of the occupants of the PUD and that
the modifications of such specifications are not inconsistent with the interests of
the Town. Said waivers or modifications may also include waivers of
modifications of the requirements of Article 6 – Sign Regulations, such that the
applicant may create a comprehensive sign package for a proposed development.
7. Multilevel Parking Facilities shall be allowed as a by-right use within the
Commercial and Industrial Planned Unit Development for a maximum of three
stories above grade. Multilevel parking facilities should be encouraged as a
means of centralizing parking and reducing overall impervious surfaces within the
PUD area. The Town recognizes the need for a centralized parking area that may
be considered part of the common ownership of the project area. Multilevel
Parking Facilities may also exist as an accessory structure to a primary use, either
above or below grade. The square footage of the multilevel parking facility shall
be excluded from the overall Floor Area Ratio for the project.

3-5.2.5 Use Regulations - Residential Planned Unit Developments (R-PUD)

A building may be erected, altered, or used, and a lot or premises may be used or
occupied, for any of the following purposes, and no other, in addition to those permitted
by right within the underlying zoning district.

3-5.2.5.1 Uses Permitted by Right:

Residential Uses

1. Accessory buildings and uses customarily incidental to permitted uses

2. Apartment Building
3. Foster homes
4. Group Homes of eight or less serving physically handicapped, mentally ill,
mentally retarded, or other developmentally disabled persons
5. Home occupations
6. Senior/Disability Housing
7. Single-family detached dwelling units
8. Townhouse
9. Two, Three-, and Four-Family dwelling units

Commercial Uses

1. Banks without drive-thru facilities

2. Community Buildings

3 - 16 Updated XXX, 2018

3. Church
4. Dental Offices
5. Family Care Facilities
6. Live/work dwellings
7. Medical Offices
8. Mixed-use residential/commercial/industrial-office units
9. Mobile Food Vendor subject to Article 9-24
10. Off-street parking for permitted uses subject to Article
11. Pet Grooming
12. Personal Service Establishments
13. Professional and Business Offices
14. Restaurants without drive-thru facilities.
15. Retail Shops
16. Senior Citizens Centers

Industrial Uses

1. Professional and Business Offices

3-5.2.5.2 Uses Permitted by Special Use Permit

The following uses may be permitted upon authorization of the Town Council subject to
Article 11, in addition to those permitted by Special Use Permit within the underlying
zoning district:

Residential

1. Active recreation and recreational facilities

2. Affordable Dwelling Units (ADU), within areas designated for multifamily
development, at bonus densities of up to twenty (20) dwelling units per net acre
3. Assisted living/care facilities
4. Family care homes
5. Group homes of more than eight serving physically handicapped, mentally ill,
mentally retarded, or other developmentally disabled persons
6. Home Business [see revised definition]

Commercial Uses

1. Banks with Drive-through Facilities

2. Health and Fitness Facilities
3. Institutions, Education and Philanthropic, including Museums, Art Galleries and
Libraries.
4. Restaurants with Drive-through Facilities
5. Swim and Tennis Club
6. Traditional Neighborhood Developments as provided for in Section 3-5.2.11

3 - 17 Updated XXX, 2018

Industrial Uses

1. None in the R-PUD

3-5.2.6 Use Regulations – Commercial and Industrial Planned Unit

Developments

A building may be erected, altered, or used, and a lot or premises may be used or
occupied, for any of the following purposes, and no other.

3-5.2.6.1. C-PUD Uses Permitted by Right

The following principal uses shall be permitted subject to approval of the Master
Development Plan and subject to the use limitations set forth below in Sections 3-5.4.5.3
and 3-5.4.6:

Residential Uses

1. Home Occupations
2. Mixed Use Residential dwellings (apartments located above ground floor retail
and/or offices)

Commercial Uses

Any of the following uses provided that no one-business establishment exceeds 50,000
square feet of gross floor area on the lot or on the tract, unless covered by an approved
Master Plan as approved by the Town Council.

1. Accessory Buildings and uses customarily incidental to permitted uses

2. Active and Passive Recreation and Recreation Facilities
3. Banks and other financial institutions without drive-thru facilities
4. Community buildings
5. Convenience Stores
6. Dentist Offices
7. Family Care Facilities
8. Health and Fitness Facilities
9. Hotels and motels
10. Laundromat
11. Medical and Dental Clinics
12. Medical Offices
13. Mixed Use Commercial (retail/office)
14. Mobile Food Vendor subject to Article 9-24
15. Off-street parking for permitted uses subject to Article 7
16. Offices –business/industrial/professional
17. Parking Garage/Facilities (See Article 12 for Definition)
18. Parks and playgrounds
19. Personal Services

3 - 18 Updated XXX, 2018

20. Professional and Business Offices
21. Restaurant without drive-thru facilities
22. Retail Sales, including stores and shops
23. Senior Centers
24. Shopping Centers
25. Studios
26. Theater

Industrial Uses

1. Conference Center
2. Contractor Offices
3. Flex Offices
4. Medical Laboratories
5. Taxi-cab Stands
6. Trade Schools
7. Warehouses

3-5.2.6.2 C-PUD Uses Permitted by Special Use Permit

The following uses may be permitted subject to approval of the Master Development plan
and authorization of the Town Council subject to Article 11 and to those limitations set
forth below in Sections 3-5.4.5.3 and 3-5.4.6:

Residential Uses

1. Dwelling Units for Elderly or Handicapped, within areas designated for multifamily
development, at bonus densities of up to twenty (20) dwelling units per net acre
within the permitted FAR.
2. Apartment Buildings, maximum 10%, but subject to the maximum of 15% for all
residential use of the site as prescribed in Section 3-5.2.4.1.
3. Assisted living/care facilities

Commercial Uses

1. Any use listed as permitted by right in Section 3-5.2.6.2 that exceeds 50,000 square
feet of gross floor area and was not included in a Master Plan for the development
as approved by Town Council.
2. Banks with drive-thru facilities.
3. Restaurant with Drive-thru facilities.

Industrial Uses

1. Contractor Office with Outdoor Storage

2. Lawn and Garden Retail/Equipment with Outdoor Storage

3 - 19 Updated XXX, 2018

3-5.2.6.4. I-PUD Uses Permitted by Right

The following principal uses shall be permitted subject to approval of the Master
Development Plan and subject to the use limitations set forth below in Sections 3-5.4.5.3
and 3-5.4.6:

Residential Uses

1. Mixed Use Residential (apartments located above ground floor retail and/or offices)
2. Apartment buildings, multifamily dwellings, and condominiums, as authorized on
an approved Master Development Plan
3. Playgrounds and recreation areas

Commercial Uses

Any of the following uses, provided that no one-business establishment exceeds 50,000
square feet of gross floor area on the lot or on the tract, unless covered by an approved
Master Plan as approved by the Town Council.

1. Active and Passive Recreation and Recreation Areas and Facilities

2. Banks and Savings and Loan Offices
3. Commercial recreation (indoor)
4. Child Care Center
5. Clinics (medical and dental)
6. Family Care Home
7. Health and Fitness Facilities
8. Hotels and motels
9. Medical Offices and Laboratories
10. Mixed Use Retail/Commercial
11. Mobile Food Vendor subject to Article 9-24
12. Retail uses, Personal Services
13. Retail Stores and Shops
14. Restaurant without drive-thru facilities
15. Studios
16. Theater
17. Offices
18. Daycare Facilities

Industrial Uses

1. Accessory Buildings and uses customarily incidental to permitted uses

2. Broadcast Studios
3. Business and office supply establishments
4. Cabinet, upholstery and furniture repair shops
5. Cafeterias, snack bars or other employee related commercial facilities up to 15% of
building area
6. Conference Centers
7. Employment Service or Agency
3 - 20 Updated XXX, 2018
8. Flex industrial
9. Health and fitness facilities
10. Institutional buildings
11. Light manufacturing uses, which can confine all aspect of the production and or
manufacturing of product to the interior of the building and do not create danger to
health and safety of the surrounding areas.
12. Medical Laboratories
13. Mixed Use Industrial (retail/office/industrial)
14. Off-street parking for permitted uses subject to Article 7
15. Offices
16. Parking Garage/Facilities (See Article 12 for Definition)
17. Parks
18. Plumbing and electrical supply, retail only
19. Rental Service Establishments, without outdoor storage
20. Restaurant
21. Security service office or station
22. Trade Schools
23. Warehouses restricted to outer areas of PUD
24. Wholesale establishment

3 - 21 Updated XXX, 2018

 Article 9 Supplemental Use Regulations

Amended by Town Council: February 12, 2013

July 8, 2014
August 9, 2016
XXX, 2018

Contents (Sections)
9-1 Accessory Structures and Uses; Parcel Limitations
9-2 Additional Regulations Where a Grouping or More than One Use is Planned for a Tract
9-3 Affordable Dwelling Unit Provisions
9-4 Apartment Buildings, Special Regulations
9-5 Bed and Breakfast Facilities
9-6 Cluster Development Provisions
9-7 Home Occupations and Home Businesses
9-8 Lighting
9-9 Manufacturing Buildings, Special Regulations
9-10 Mobile Homes (Manufactured Homes)
9-11 Office and Other Business Buildings, Special Regulations
9-12 Open Space
9-13 Outdoor Display
9-14 Performance Standards for All Non-Residential Uses
9-15 Recycling Facilities
9-16 Residential Use Limitations
9-17 Steep Slopes
9-18 Telecommunications Facilities
9-19 Temporary Uses
9-20 Traditional Neighborhood Development Option (TND)
9-21 Utility Lots
9-22 Yard and Garage Sales
9-23 Massage Therapy, Establishment of Provisions for Therapists and Businesses
9-24 Mobile Food Vendors

9-1 Updated December 2017

 Article 9 Supplemental Use Regulations

9-24 Mobile Food Vendors

9-24.1 Purpose

The purpose is provide regulations for mobile food vendors in order to provide economic
development and entrepreneurial opportunities, while protecting the public health, safety, and
welfare and mitigating fiscal impacts to existing brick and mortar restaurants and related
businesses.

The Town of Warrenton shall administer a program to receive, review and approve permit
applications for Mobile Food Vendors that desire to vend in designated zoning districts. The
associated policy and procedures document sets out guidelines for the permitting process for
vending in designated Mobile Food Vendor areas in specified zoning districts. This policy does
not cover participation in Special Events (such as, festivals). To participate in Special Events, all
vendors must comply with the rules and regulations laid forth in the Special Event permit
provided to the event organizer.

9-24.2 Allowable Zoning Districts

Mobile Food Vendors are allowable in the following zoning districts only, subject to the Mobile
Food Vendor policy and procedures document: Public/Semi-Public Institutional (PSP), and
Industrial (I). public parks and in any district that allows restaurant uses, provided these Vendors
and their equipment shall meet all location and operational requirements outlined in this
ordinance, Article 9-24.3.

9-24.2.13 Operation on Private Property Requirements

Mobile Food Vendors may operate on private property within the Industrial (I) zoning district
from an existing, improved parking-area with the expressed, written consent of the
property owner. All operations, on public or private property, must comply with the
Mobile Food Vendor policy and procedures document.
1. Mobile Food Vendors may operate on private or public property from an existing,
improved parking area with expressed written consent of the property owner.
2. The entire operation of a Mobile Food Vendor must fit in the allowed public parking
area. Vehicles that do not fit within the designated parking area will not be permitted to
operate in the program.
3. Each Mobile Food Vendor parking area shall not be within 10 feet of an intersection,

9-2 Updated December 2017

 crosswalk, driveway, bus stop, taxi stand or handicapped parking space. Nor will any
Mobile Food Vendor be situated in any part of a designated loading zone or fire lane.
4. Mobile Food Vendors are to comply with the vending hours between 8:00 AM and 9:00
PM, or lesser time as administered by the Planning Director, and not leave Mobile Food
Vendor vehicles beyond the allowable vending hours. Mobile Food Vendor vehicles left
beyond these hours are subject to towing.
5. The Town may adjust these sites in cases of construction or other circumstances, as
approved by the Planning Director.
6. The Town may consider additional locations based on demand and impact, as approved
by the Planning Director.
7. There shall be a five (5) foot setback from right of ways and entrance drives.
8. There shall be a minimum three (3) foot clearance around the food vending vehicle for
safety.
9. There shall be accessibility to restrooms.
10. There shall be a minimum distance of:
(a) 100 feet from any residential district or district that does not allow restaurant
uses;
(b) 50 feet from any existing restaurant or provide a letter of “no objection” from the
restaurant as to a closer location.
(c) 25 feet from any other permitted Mobile Food Vendor.

9-24.2.2 Operation on Public Property

Mobile Food Vendors may operate on public property only at public parks with on-site parking.
All operations, on public or private property, must comply with the Mobile Food Vendor
policy and procedures document. The following standards apply to parking and operation
for Mobile Food Vendors.
1. The entire operation of a Mobile Food Vendor must fit in the allowed public parking
area. Vehicles that do not fit within the designated parking area will not be permitted to
operate in the program.
2. Each Mobile Food Vendor parking area shall not be within 10 feet of an intersection,
crosswalk, driveway, bus stop, taxi stand or handicapped parking space. Nor will any
Mobile Food Vendor be situated in any part of a designated loading zone or fire lane.
3. Mobile Food Vendors are to comply with the vending hours between 8:00 AM and 9:00
PM, or lesser time as administered by the Town Manager, and not leave Mobile Food
Vendor vehicles beyond the allowable vending hours. Mobile Food Vendor vehicles left

9-3 Updated December 2017

 beyond these hours are subject to towing.
4. The Town may adjust these sites in cases of construction or other circumstances, as
approved by the Town Manager.
5. The Town may consider additional locations based on demand and impact, as approved
by the Town Manager.

9-24.54 Program Fees and Operation Costs

Participants are subject to annual program and business license fees as specified in the Mobile
Food Vendor policy and procedures document, including routine collection of meals and
consumption taxes. Mobile Food Vendors are required to comply with all other applicable local,
state and federal taxes including remittance of sales tax in accordance with state law. Fees are
subject to change with Town Manager Council approval.

9-24.65 Rules and Regulations

9-24.65.1 Allowable vehicles include, but are not limited to, Mobile Food Vendor
vehicles from which service is provided to customers through the side of the
vehicle or trailer.

9-24.65.2 Mobile Food Vendors are required to maintain minimum Mobile Food Vendor
vehicle standards for continued participation in the program. Standards include,
but are not limited to, the following:

1. Floors, walls, ceilings and food contact surfaces must be easily cleanable
(i.e. stainless steel, aluminum or other approved non-corrosive and non-
rusting metal).
2. Surfaces must be waterproof, smooth, readily cleanable, and resistant to
dents and scratches.
3. All outer openings must be screened and/or sealed when not operating.
4. Serving areas on top of carts and truck serving windows may be made of
whatever material is appropriate for food preparation: metal, tile, synthetic
countertop, etc.).
5. There should be no structural defects (i.e. holes, openings, rust, seams or
broken parts).
6. The business name should be affixed to the back or side of the operation
and clearly visible to customers.
7. Mobile Food Vendor vehicles must be sized to fit into designated parking
areas.

9-4 Updated December 2017

 8. Shall not sell anything other than food and nonalcoholic beverages, with the
exception that up to 15% of the business may be accessory items related to
the business such as hats, mugs, decals, tee shirts, and the like.
9. Shall not place or utilize any signage not permanently affixed to the vehicle.
10. Shall not display any balloons or windblown signs or attach any such items
to the vending vehicle.
11. Shall not display any advertisements for other businesses.
12. Shall not cause any liquids to be discharged from the mobile food vehicle.
13. Shall provide proper receptacles for trash and waste disposal during
operation and remove all trash and dispose of all waste as part of site cleanup.
14. Shall not be allowed to be in place for more than four (4) hours.
15. Shall post permit so it can be seen from the outside of the mobile food
vehicle.
16. Shall not receive any deliveries at point of sale site.
17. Shall not be left unattended while in a vending location.
18. Shall be removed from the lot when not in operation.

9-24.65.43 If any area is closed for an emergency or other permitted activity, no

vendors will be allowed to set up. Areas will be monitored for compliance and
any violations could result in a permit being suspended or revoked.

9-24.65.54 The entire operation must be fully mobile. For Mobile Food Vendors,
coolers may not be placed on the ground, nor may tables and chairs be
provided for customers. Generators should be whisper or quiet models that do
not present a nuisance.

9-24.7 Prohibited Items

9-24.76.1 Radio or sound-amplifying devices;

9-24.76.2 Flashing signs or signs that move or give the appearance of moving;

9-24.76.3 Sign, menu board, tables, chairs, waste receptacles or other objects in the
roadway or sidewalk;

9-24.76.4 Water, sewer, gas or electrical connections to a building.

9-5 Updated December 2017

9-24.87 Refuse Control
9-24.87.1 Participants must ensure that no pollutants, including waste/grease, liquid
wastes, gray water garbage/debris, and other materials are discharged to the
Town’s storm drain system (including gutters, curbs, and storm drains).
9-24.87.2 A waste receptacle shall be provided for the use of customers and shall be
affixed to the Mobile Food Vendor Vehicle or be placed on the ground near the
Mobile Food Vendor, so long as they meet Article 9-24.7.3. All trash must be
removed from the site by the Mobile Food Vendor. Use of Town waste
receptacles by Mobile Food Vendors is prohibited.

9-24.87.3 Participants are required to pick up, remove and dispose of all garbage, refuse
or litter consisting of foodstuffs, wrappers, and/or materials dispensed from the
vending vehicle and any residue deposited on the street from the operation
thereof, and otherwise maintain in a clean and debris-free condition the entire
area within a 25-foot radius of the location where Mobile Food Vending is
occurring. Assistance in cleaning any public eating spaces is appreciated.

9-24.9 Insurance Coverage

The vendor shall secure and maintain a policy of automobile liability insurance coverage issued
by a company authorized to do business in the Commonwealth of Virginia in the amount of at
least $1,000,000 for injury to or death of any person or persons in any one incident and $100,000
for property damage, and the policy shall list the Town of Warrenton as an additional insured.

9-24.10 Monthly Reports

Monthly Mobile Food Vendor Sales data reports and meals tax receipts are required to be
submitted each month for the calendar year. Failure to comply and submit in a timely manner
may result in revocation or suspension of vendor participation in the program.

9-24.110 Revocation or Suspension

9-24.11.1 The participant may be removed from the Program at the discretion of the
Town Manager in the event of any of the following:
1. The use of conditions under which the truck or trailer is being operated or
maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity;
2. The property is operated or maintained so as to constitute a nuisance;
3. Operation in violation of the conditions of the program; or
4. Any other violation of applicable law.

9-6 Updated December 2017

9-24.12 Renewal Process

Please refer to the Mobile Food Vendor Program policy and procedures document for specific
license renewal requirements. Please note the following regarding license renewal:
9-24.121.1 Vendor licenses expire on June 30th of each calendar year with annual
renewals subject to administrative review, modification (if necessary) and
approval.
9-24.121.2 Proof of current health department permit, fire inspection, insurance, and
property owner authorization (as described in the Mobile Food Vendor
Program policies and procedures document) are required at the time of
renewal.
9-24.121.3 The Annual Program Fee and Annual Business License Fee are required at the
time of renewal.

9-24.138 Violation and Penalties

Any violation of this Article and the penalties for all such violations shall be as set forth in the
Zoning Ordinance, in accord with Article 11 of this Ordinance and §15.2-2286 (A) (5) of the
Code of Virginia.

9-7 Updated December 2017

 Article 9 Supplemental Use Regulations

Amended by Town Council: February 12, 2013

July 8, 2014
August 9, 2016
XXX, 2018

Contents (Sections)
9-1 Accessory Structures and Uses; Parcel Limitations
9-2 Additional Regulations Where a Grouping or More than One Use is Planned for a Tract
9-3 Affordable Dwelling Unit Provisions
9-4 Apartment Buildings, Special Regulations
9-5 Bed and Breakfast Facilities
9-6 Cluster Development Provisions
9-7 Home Occupations and Home Businesses
9-8 Lighting
9-9 Manufacturing Buildings, Special Regulations
9-10 Mobile Homes (Manufactured Homes)
9-11 Office and Other Business Buildings, Special Regulations
9-12 Open Space
9-13 Outdoor Display
9-14 Performance Standards for All Non-Residential Uses
9-15 Recycling Facilities
9-16 Residential Use Limitations
9-17 Steep Slopes
9-18 Telecommunications Facilities
9-19 Temporary Uses
9-20 Traditional Neighborhood Development Option (TND)
9-21 Utility Lots
9-22 Yard and Garage Sales
9-23 Massage Therapy, Establishment of Provisions for Therapists and Businesses
9-24 Mobile Food Vendors

9-1 Updated December 2017

 Article 9 Supplemental Use Regulations

9-24 Mobile Food Vendors

9-24.1 Purpose

The purpose is provide regulations for mobile food vendors in order to provide economic
development and entrepreneurial opportunities, while protecting the public health, safety,
and welfare and mitigating fiscal impacts to existing brick and mortar restaurants and
related businesses.

The Town of Warrenton shall administer a program to receive, review and approve
permit applications for Mobile Food Vendors that desire to vend in designated zoning
districts. The associated policy and procedures document sets out guidelines for the
permitting process for vending in designated Mobile Food Vendor areas in specified
zoning districts. This policy does not cover participation in Special Events (such as,
festivals). To participate in Special Events, all vendors must comply with the rules and
regulations laid forth in the Special Event permit provided to the event organizer.

9-24.2 Allowable Zoning Districts

Mobile Food Vendors are allowable in public parks and in any district that allows
restaurant uses, provided these Vendors and their equipment shall meet all location and
operational requirements outlined in this ordinance, Article 9-24.3.

9-24.3 Operation Requirements

1. Mobile Food Vendors may operate on private or public property from an existing,
improved parking area with expressed written consent of the property owner.
2. The entire operation of a Mobile Food Vendor must fit in the allowed public
parking area. Vehicles that do not fit within the designated parking area will not
be permitted to operate in the program.
3. Each Mobile Food Vendor parking area shall not be within 10 feet of an
intersection, crosswalk, driveway, bus stop, taxi stand or handicapped parking
space. Nor will any Mobile Food Vendor be situated in any part of a designated
loading zone or fire lane.

9-2 Updated December 2017

4. Mobile Food Vendors are to comply with the vending hours between 8:00 AM
and 9:00 PM, or lesser time as administered by the Planning Director, and not
leave Mobile Food Vendor vehicles beyond the allowable vending hours. Mobile
Food Vendor vehicles left beyond these hours are subject to towing.
5. The Town may adjust these sites in cases of construction or other circumstances,
as approved by the Planning Director.
6. The Town may consider additional locations based on demand and impact, as
approved by the Planning Director.
7. There shall be a five (5) foot setback from right of ways and entrance drives.
8. There shall be a minimum three (3) foot clearance around the food vending
vehicle for safety.
9. There shall be accessibility to restrooms.
10. There shall be a minimum distance of:
(a) 100 feet from any residential district or district that does not allow restaurant uses;
(b) 50 feet from any existing restaurant or provide a letter of “no objection” from the
restaurant as to a closer location.
(c) 25 feet from any other permitted Mobile Food Vendor.

9-24.4 Program Fees and Operation Costs

Participants are subject to annual program and business license fees as specified in the
Mobile Food Vendor policy and procedures document, including routine collection of
meals and consumption taxes. Mobile Food Vendors are required to comply with all other
applicable local, state and federal taxes including remittance of sales tax in accordance
with state law. Fees are subject to change with Town Council approval.

9-24.5 Rules and Regulations

9-24.5.1 Allowable vehicles include, but are not limited to, Mobile Food Vendor
vehicles from which service is provided to customers through the side of
the vehicle or trailer.

9-24.5.2 Mobile Food Vendors are required to maintain minimum Mobile Food
Vendor vehicle standards for continued participation in the program.
Standards include, but are not limited to, the following:

9-3 Updated December 2017

1. Floors, walls, ceilings and food contact surfaces must be easily
cleanable (i.e. stainless steel, aluminum or other approved non-
corrosive and non-rusting metal).
2. Surfaces must be waterproof, smooth, readily cleanable, and
resistant to dents and scratches.
3. All outer openings must be screened and/or sealed when not
operating.
4. Serving areas on top of carts and truck serving windows may be
made of whatever material is appropriate for food preparation: metal,
tile, synthetic countertop, etc.).
5. There should be no structural defects (i.e. holes, openings, rust,
seams or broken parts).
6. The business name should be affixed to the back or side of the
operation and clearly visible to customers.
7. Mobile Food Vendor vehicles must be sized to fit into designated
parking areas.
8. Shall not sell anything other than food and nonalcoholic beverages,
with the exception that up to 15% of the business may be accessory
items related to the business such as hats, mugs, decals, tee shirts, and
the like.
9. Shall not place or utilize any signage not permanently affixed to the
vehicle.
10. Shall not display any balloons or windblown signs or attach any such
items to the vending vehicle.
11. Shall not display any advertisements for other businesses.
12. Shall not cause any liquids to be discharged from the mobile
food vehicle.
13. Shall provide proper receptacles for trash and waste disposal during
operation and remove all trash and dispose of all waste as part of site
cleanup.
14. Shall not be allowed to be in place for more than four (4) hours.
15. Shall post permit so it can be seen from the outside of the mobile
food vehicle.
9-4 Updated December 2017
 16. Shall not receive any deliveries at point of sale site.
17. Shall not be left unattended while in a vending location.
18. Shall be removed from the lot when not in operation.

9-24.5.3 If any area is closed for an emergency or other permitted activity, no

vendors will be allowed to set up. Areas will be monitored for
compliance and any violations could result in a permit being suspended
or revoked.

9-24.5.4 The entire operation must be fully mobile. Generators should be whisper
or quiet models that do not present a nuisance.

9-24.6 Prohibited Items

9-24.6.1 Radio or sound-amplifying devices;

9-24.6.2 Flashing signs or signs that move or give the appearance of moving;

9-24.6.3 Sign, menu board, tables, chairs, waste receptacles or other objects in the
roadway or sidewalk;

9-24.6.4 Water, sewer, gas or electrical connections to a building.

9-24.7 Refuse Control

9-24.7.1 Participants must ensure that no pollutants, including waste/grease,
liquid wastes, gray water garbage/debris, and other materials are
discharged to the Town’s storm drain system (including gutters, curbs,
and storm drains).
9-24.7.2 A waste receptacle shall be provided for the use of customers and shall
be affixed to the Mobile Food Vendor Vehicle or be placed on the
ground near the Mobile Food Vendor, so long as they meet Article 9-
24.7.3. All trash must be removed from the site by the Mobile Food
Vendor. Use of Town waste receptacles by Mobile Food Vendors is
prohibited.

9-24.7.3 Participants are required to pick up, remove and dispose of all garbage,
refuse or litter consisting of foodstuffs, wrappers, and/or materials
dispensed from the vending vehicle and any residue deposited on the

9-5 Updated December 2017

 street from the operation thereof, and otherwise maintain in a clean and
debris-free condition the entire area within a 25-foot radius of the
location where Mobile Food Vending is occurring. Assistance in
cleaning any public eating spaces is appreciated.

9-24.8 Violation and Penalties

Any violation of this Article and the penalties for all such violations shall be as set forth
in the Zoning Ordinance, in accord with Article 11 of this Ordinance and §15.2-2286 (A)
(5) of the Code of Virginia.

9-6 Updated December 2017

 Article 12 Definitions
Amended by Town Council: February 12, 2013
June 14, 2016
August 9, 2016
XXX, 2018

For the purpose of this Ordinance, certain words and terms are used in a limited or special sense as
defined herein. Words used in the present tense include the future; the singular number includes plural
and the plural singular; the word "structure" includes "building"; the word "used" includes arranges,
designed, constructed, altered, converted, rented, leased, or intended to be used; and the word "shall" is
mandatory and directory.

Any word, term or phrase used in this ordinance not defined below shall have the meaning ascribed to the
word in the most recent edition of Webster’s Unabridged Dictionary, unless in the opinion of the Zoning
Administrator, established customs or practices of the Town of Warrenton justify a different or additional
meaning.

A|B|C|D|E|F|G|H|I|J|K|L|M|N|O|P|R|S|T|U|V|W|Y|Z

Abutting: Having a common border with, or being separated from such a common border by a
right-of-way, alley, or easement.

Abandoned Motor Vehicle: A motor vehicle, trailer, or semi-trailer or part of a motor vehicle, trailer, or
semi-trailer that is inoperable and is left unattended on public property, other than an interstate highway
or primary highway, for more than forty-eight hours.

Accent: Giving prominence to one or more elements of site design.

Accessory building: (see Accessory Structure)

Accessory Dwelling Unit: A subordinate dwelling unit in a main building or accessory building for use
as a complete, independent living facility with provision within the accessory dwelling for cooking,
eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main dwelling.

Accessory Structure: A subordinate structure customarily incidental to and located upon the same lot
occupied by the main use or building, including, but not limited to, private garage, carport, parking space
other than for residential, swimming pool, tennis court, storage or utility building, decks, balconies,
porticos, porches, temporary healthcare structures, and living quarters for household employees or
caretakers. Accessory structures can be attached or detached, depending upon their use and construction.

Accessory Use: A use clearly incidental and subordinate to, and on the same lot as, a principal use. (also
see Accessory Dwelling Units; Home Occupation).

12 - 1 Updated December 2017XXX, 2018

Acre: A unit of land measure containing 43,560 square feet.

Acreage: A parcel of land, regardless of area, described by metes and bounds which is not a numbered
lot on any recorded subdivision plat.

Active Recreation: (see Recreation, Active)

Active Recreation Area or Facilities: (see Recreation Area or Facilities, Active)

Administrator or Agent: (see Zoning Administrator).

Agriculture: The tilling of the soil, the raising of crops, non-intensive livestock, horticulture, and
forestry, but not including any agricultural industry or business, such as packing plants, dairies, mills,
kennels, commercial stables, intensive agriculture as defined herein, or similar uses.

Agriculture, intensive: The raising, breeding and keeping of animals in concentrated, confined
conditions, which may include such operations as swine, veal, sheep; houses and pens for poultry or other
fowl; feed lots for beef, dairy cattle, swine, sheep and other animals; livestock markets and pet farms.

Agricultural pen: (see Animal Kennel)

Alley: A permanent service way, with a minimum width of twenty (20) feet, providing a secondary
means of vehicular access to an abutting property, and not intended for general traffic circulation.

Alteration: Any change, addition, or modification in the total floor area, use, adaptability, or external
appearance of an existing structure.

Amusement Arcade: A building or part of a building in which five or more pinball machines,
videogames, or other similar player-operated amusement devices are maintained.

Animal Hospital or Clinic: Establishment where treatment is received and no activity is conducted
outside the main building. Kennels are not by definition included.

Animal Kennel: An establishment licensed to operate a facility housing dogs, cats, or other household
pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.

Animal Kennel, Private: Any building, buildings, or land designed or arranged for the care of more than
three dogs or more than three cats belonging to the owner of the principal use, kept for the purposes of
show, hunting, or as pets.

Apartment House: A residential building located on a single lot used or intended to be used as the
residence of three (3) or more families living independently of each other, typically sharing a common

12 - 2 Updated December 2017XXX, 2018

entrance and hallway for access to individual units, not including row or townhouses (also see Dwelling:
Multifamily).

Apartment: A single dwelling unit typically sharing a common entrance and hallway for access within
an Apartment House or within a larger, mostly non-residential structure.

Applicant-Owner: An individual, corporation, proprietor, trust, trustee, joint venture, partnership, or

other entity having legal title to any tract of land or parcel of land to be developed, whether or not they
have given their power of attorney to one of their group, or another individual or entity to act on their
behalf in planning, negotiation, or in representing or executing the requirements of the ordinances of the
Town of Warrenton.

Appraiser: A person who earns his livelihood from the appraisal of real property, as contrasted with the
selling of property, and who meets the standards for membership in the American Institute of Real Estate
Appraisers.

Arborist or "urban forester": a person trained in arboriculture, forestry, landscape architecture,

horticulture, or related fields and experienced in the conservation and preservation of native and
ornamental trees.

Arborist, Certified: An arborist who is certified by the International Society of Arboriculture.

Architect: A person who is recognized by the Commonwealth of Virginia and who is registered with the
State Department of Professional and Occupational Registration, or registered with a like body in another
state, as a licensed architect.

Architectural Unit: A visually distinct mass that is part of a larger structure or a collection of structures
and is either near the other structures or may be attached by a smaller enclosed structural element such as
a gallery, an arcade or other such element.

Area, Gross Leasable: Inside square footage of a building including retail, wholesale, and storage space,
exclusive of halls, closets, elevator shafts, toilets, etc., and any outside display.

Assembly Hall: A building or part of a building intended and designed for the conduct of meetings,
presentations, and the like.

Assisted Living Facility: A place, establishment, or institution, operated for the maintenance or care of
four or more adults who are aged, infirm, or disabled and who are cared for in a primarily residential
setting, in accord with § 63.2-100 of the Code of Virginia. The level of service provided for these adults
shall include at least moderate assistance with the activities of daily living.

Atrium House: A one-story, single-family, attached dwelling shaped to surround or partly surround a
private open space called an atrium, it being a type of townhouse unit (also see Townhouse).

12 - 3 Updated December 2017XXX, 2018

Attached Accessory Structure: An attached subordinate structure customarily incidental to and located
upon the same lot occupied by the main use or building, including but not limited to a private garage,
carport, balcony and deck.

Automobile body shop: A business limited to the repair and reconstruction of the exterior shells of
automobiles and light trucks, including sanding, painting, and refinishing; but may also include frame,
engine and other mechanical work in the repair of a vehicle.

Automobile Graveyard: Any lot or place which is exposed to the weather upon which more than five
inoperable motor vehicles of any kind, are placed.

Automobile Sales: On-site sales, conducted on a regular or ongoing basis as a commercial enterprise,
either retail or wholesale , of automobiles and/or light trucks and vans, but not heavy trucks or equipment.

Banks and Savings and Loan Offices: The retail offices of financial services institutions providing
walk-in service to customers. Drive-through facilities are a separately designated and regulated
component.

Basement: 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 by other than a janitor employed on the premises.

Bed and Breakfast Facility: A private residence, or portion thereof, where short-term lodging is
provided for compensation (no longer than 14 consecutive days) and meals may be provided, to guests
only. The operator of the facility shall live on the premises or in an adjacent premises on the same lot.
Up to four (4) guest rooms without cooking facilities may be provided. [also see Tourist Home; also see
Inn]

Bedroom: A room in a dwelling unit planned and intended for sleeping, separable from other rooms by a
door.

Berm: A continuous bank of earth designed and placed to block or partially obscure elements of a site
(such as a parking area) or of a building (such as a loading dock). Berms typically range in height from
two (2) to six (6) feet, with width-to-height ratios of from 2:1 to 5:1. Berms are often used in
combination with shrubbery and trees.

Block: That land abutting on one side of a street extending to the rear lot lines (or, for parcels of land
extending through to another street, to a line midway between the two streets) and lying between the
nearest intersecting and intercepting streets and boundary of any railroad right-of-way, park, school
ground, or unsubdivided acreage or center line of any drainage channel twenty (20) or more feet in width.

12 - 4 Updated December 2017XXX, 2018

Boardinghouse: A building that is the primary residence of the owner where meals and lodging are
provided, for compensation, on a permanent basis for up to ten (10) individuals not related by blood,
marriage, or adoption to the owner.

Broadcasting Station: The studios and/or facilities for radio or television broadcasting.

Buffer, Buffer Yard: A landscaped area intended to separate and partially obstruct the view of two (2)
adjacent land uses or properties from one another or from the roadway or to block noise or other
nuisances; land areas reserved for the purpose of providing screening and separation from adjacent,
different land uses.

Building: A structure having one (1) or more stories and a roof, designed primarily for support and
shelter of persons, animals, or property of any kind. When a structure is divided into separate parts by
fire walls, each having separate plumbing, electrical, heating, drainage, and ventilation, each part so
divided shall be deemed a separate structure.

Building Area: The area of the horizontal section of the buildings taken at their greatest outside
dimensions on the ground floor including all attached structures and covered porches.

Building, Governmental: Any building owned by, operated by and/or leased to a government agency,
except utilities, which are defined separately.

Building, Height of: The vertical distance measured from the level of the curb or the established curb
grade opposite the middle of the front of the structure to the highest point of the roof if a flat roof; to the
deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip, or
gambrel roof. For buildings set back more than ten (10) feet from the street line, the height shall be
measured from the average elevation of the ground surface along the front of the building.

Building Line: The line which establishes the distance of a structure from any lot boundary line.

Building, Main: The principal structure or one of the principal buildings on a lot, or the building or one
of the principal buildings housing the principal use on the lot.

Building Official: The official appointed by the Town Manager to administer and enforce the Building
Code.

Building, Public: (see Building, Governmental)

Business and Professional Office: A building or portion of a building wherein services are performed
involving predominantly administrative, professional, or clerical operations.

Business and office supply establishments: Retail or wholesale distribution of office materials, goods
and small equipment.

12 - 5 Updated December 2017XXX, 2018

C – District (Commercial District): Any zoning district beginning with "C", and predominantly
providing for commercial uses.

Cabinet, upholstery, and furniture shops: A business limited to the production, repair or refinishing of
cabinets, furniture and related household items.

Cable television facilities: Offices, studios and other facilities of a cable television business.

Cafeteria: A commercial eating facility in which patrons choose food items along a self-service line
rather than through table service.

Cafeteria Truck: a vehicle or cart primarily offering delivery and/or self-service of pre-packaged
or prepared foods, not cooked to order or prepared on-site. This type of vendor must obtain an
itinerant merchant license from the Town Manager.

Caliper: A measurement of the diameter of a tree trunk taken at four and one-half feet above the soil
line. Also known as diameter at breast height (DBH).

Canopy: A roof structure that covers an open-air space, such as the roof of a detached carport or the roof
that covers gasoline pump islands.

Capital Improvement Plan: A plan outlining the nature, location, costs, funding, and timing of future
capital expenditures for community facilities such as streets, sidewalks, drainage facilities, water and
wastewater lines and treatment facilities, parks, public buildings, and required property.

Car Port: A structure attached to a dwelling unit, open on at least one (1) side, designed for the parking
and storage of vehicles by the residents of the dwelling and their guests.

Car Wash: A building or area of land that provides facilities for washing and cleaning motor vehicles,
which may use production line methods with a conveyor, blower, or other mechanical devices, and which
may employ some hand labor.

Car wash, Self-service: A building or area of land that provides facilities for patrons to wash and
cleaning their motor vehicles by hand and/or with light equipment such as hoses and vacuums.

Caregiver: An adult who provides care for a mentally or physically impaired person within the
Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally
appointed guardian of the mentally or physically impaired person for whom he is caring.

Carnival: An amusement show, usually traveling from place to place, containing rides, side shows, and
other forms of entertainment.

12 - 6 Updated December 2017XXX, 2018

Cellar: A story having more than one-half of the height below grade.

Cemetery: A place where lots are sold for the burial of the dead.

Centerline: The midpoint of the width of a highway or right-of-way.

Child: Any person under eighteen (18) years of age.

Child Care Center: A facility operated for the purpose of providing care, protection, and guidance to a
group of four (4) or more children separated from their parents or guardians during part of the day only,
and meeting the licensing requirements for child care centers of Section 63.1-196 of the Code of Virginia,
1950, as amended.

Church (or place of religious worship): A building or structure, or group of buildings or structures,
which by design and construction are primarily intended for activities that people regularly attend to
participate in or hold religious services, meetings, and other activities. The term "church" shall not carry
a secular connotation and shall include buildings in which religious services of any denomination are
held.

Civic Group: A non-profit group or organization which meets regularly in the Town or which has
"Warrenton" or a Town location in its name, and which has demonstrated service to the Town, in the
determination of the Zoning Administrator. (also see “non-profit organization”)

Clear-cutting: The indiscriminate removal of trees, shrubs, or undergrowth with the intention of
preparing real property for nonagricultural development purposes. This definition does not include the
selective removal of non-native tree and shrub species when the soil is left relatively undisturbed;
removal of dead trees and shrubs; or normal mowing operations.

Cleaning and Pressing Shop: (see Laundry)

Clerk: The Clerk of the Circuit Court of Fauquier County having jurisdiction in the Town of Warrenton.

Clinic: A building designed and used for the diagnosis and treatment of human patients that does not
include overnight care facilities. This definition includes a group practice in which several licensed
medical, dental or health care professionals work cooperatively.

Club: Buildings and/or facilities owned and operated by a corporation, association, or persons, which
serves as a gathering place for a group of individuals organized for a common purpose to pursue common
goals, interests, or activities and characterized by certain membership qualifications, payment of fees and
dues, regular meetings, and a constitution and by-laws.

Club, Swim or Tennis: A private club with swimming and/or tennis facilities, indoor or outdoor.

12 - 7 Updated December 2017XXX, 2018

Cluster Development: A residential development design technique that concentrates buildings in
specific areas on a site to allow the remaining land to be used for recreation, common open space, and
preservation of environmentally sensitive areas or historic and cultural resources.

Coherence: Logically consistent arrangement of interdependent elements of a site plan or architectural

design.
Commercial Nurseries and Greenhouses: An area or establishment for the propagation, growing, or
selling of nursery stock for gardens, grounds, and yards. Such stock may include trees, plants, shrubs,
and vines. Landscape contracting of nursery stock shall be permitted as a use.

Commercial Recreation, Indoor: Any enclosed or semi-enclosed establishment operated as a

commercial enterprise (open to the public for a fee) for the following activities: games and athletics,
bowling, billiards or pool, darts, bingo, slot cars, hard and soft courts, miniature golf, golf driving nets,
cultural activities, martial arts, archery, roller or ice skating, skateboarding, swimming, and activities
incidental to the foregoing.

Commercial Recreation, Outdoor: Any outdoor establishment operated as a commercial enterprise

(open to the public for a fee) for the following activities: games and athletics, batting and pitching cages,
darts, hard and soft courts, miniature golf, radio-controlled vehicles and airplanes, pony rides, waterslides,
cultural activities, martial arts, archery, camping, roller or ice skating rinks, skateboarding, picnicking,
boating, fishing, swimming, golf driving ranges, and activities incidental to the foregoing, but not
including amusement rides, amusement parks, theme parks or motor vehicle race tracks.

Commercial Use: An occupation, employment, or enterprise that is carried on for profit by the owner,
lessee, or licensee.

Commission, the: The Planning Commission of Warrenton, Virginia.

Communications Towers: (see Transmission and Receiving Towers)

Community Building: A building and associated facilities and area, usually owned by a public nonprofit
group or agency, used for and providing fraternal, social, and/or recreational programs generally open to
the public and designed to accommodate and serve significant segments of the community.

Comprehensive Plan: Maps, charts, and descriptive matter officially adopted by the Warrenton Town
Council showing, among other things, recommendations for the most appropriate use of land; for the most
desirable density of population; for a system of thoroughfares, parkways and recreation areas; for the
general location and extent of facilities for water and sewer; and for the general location, character and
extent of community facilities.

Complex: A grouping of buildings or architectural elements on a single site or tract.

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Condominium: A building or group of buildings in which units are owned individually and the
structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

Conference Center: A facility designed for conducting large or small group meetings. Such facilities
may include overnight accommodations or short term lodging (not longer than fourteen (14) consecutive
days), food preparation and service, entertainment, social or charitable events, and recreational facilities.

Conservation Easement: An easement granting a right or interest in real property that is appropriate to
retaining land or water areas and their structures in their built, natural, scenic, open, or wooded condition,
or for the purpose of maintaining existing land uses.

Construction Standards: Specifications and standards as adopted by or applicable in the Town of

Warrenton relating to the construction of all physical improvements.

Convalescent Home: (see Nursing Home).

Convenience Retail: Any retail establishment offering for sale prepackaged food products, household
items, and other goods commonly associated with the same and having a gross floor area of less than five
thousand (5,000) square feet.

Convenience store: (see Convenience Retail)

Council: The Town Council of Warrenton, Virginia.

Covenant: A formal agreement of legal validity between two (2) or more parties outlining restrictions,
rights, or responsibilities concerning the use of property or structures.

Crematory: A building containing a furnace for reducing dead bodies, either animal or human, to ashes
by burning.

Critical Root Zone (CRZ): An area which must be preserved in order to ensure protection and survival
of a tree; a minimum of one foot per inch of caliper (defined herein as the diameter at breast height).

Cul-de-sac: A street with only one (1) outlet having an appropriate turn-around area for a safe and
convenient reverse of traffic movement.

Dairy: A commercial establishment for the manufacture and sale of dairy products.

Day Care Center: (see Child Care Center and Family Day Care Home).

Deciduous: Any tree or shrub that loses its leaves during the winter season.

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Deck: An exterior, roofless, floor system supported on at least two opposing sides by an adjoining
dwelling/structure and/or posts, piers or other independent supports.

Density: The number of dwelling units per acre of land.

Density Bonus: An additional increment of density allowable on a site in return for a specified public
good, as provided in this ordinance.

Density, Gross: The number of dwelling units per gross acre of land on the site or lot.

Density, Net: The number of dwelling units per net acre of land (gross site or lot area less floodplain,
steep slopes and other unbuildable areas).

Detention Facility: A facility which serves the purpose of collecting and retaining rainfall falling on a
site for controlled release to primary storm water management facilities as a result of land alteration
activities.

Developer or Subdivider: An individual, corporation, proprietor, trust, trustee, joint venture,

partnership, or other entity having legal title to any tract of land or parcel of land to be developed,
whether or not they have given their power of attorney to one of their group, or another individual or
entity to act on their behalf in planning, negotiation, or in representing or executing the requirements of
the ordinances of the Town of Warrenton.

Development: Any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling,
grading, excavation, mining, dredging, or drilling operations.

District: A section of the Town of Warrenton within which the zoning regulations are uniform; Zoning
District.

District, Base: A type of Zoning District established in this ordinance that specifies allowable land uses
and development intensities and requires a generally uniform group of land uses and lot requirements and
does not require a concept development plan in advance of zoning approval.

District, Regular: (see Base District)

District, Overlay: A type of Zoning District established in this ordinance that may be mapped for a
particular land area and functions as an additional set of zoning requirements in addition to the zoning
requirements of the underlying base district that applies to the tract.

District, Special: (see District, Overlay)

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Drive-In Facility (same as “Drive-Through”): Any portion of a building or structure from which
customers can receive a service or obtain a product while in their motor vehicle.

Driveway or Accessway: That space specifically designated and reserved on the site for movement of
vehicles from one location to another on site or from the site to a public street.

Drug Store: A retail establishment offering a variety of consumer goods with a licensed pharmacist on
staff for the purpose of dispensing prescription drugs.

Dustless Surface: A surface adequately covered in accordance with good construction practice, with a
minimum of either two (2) applications of bituminous surface treatment concrete, or bituminous concrete
approved by the Town, and to be maintained in good condition at all times.

Dwelling: Any structure, or portion thereof, which is designed for generally permanent residential
purposes, not including hotels, boardinghouses, lodging houses, tourist cabins, or automobile trailers (also
see “dwelling unit”).

Dwelling, Accessory: (see Accessory Dwelling Unit).

Dwelling, Duplex (two-family): Two (2) single-family attached dwellings.

Dwelling, Elderly and Handicapped: A building or portion thereof containing at least ten (10) dwelling
units and within which at least ninety (90) percent of all dwelling units are occupied by or designed for
occupancy by:

(a) Families of two or more persons the head of which (or his or her spouse) is 55 years of age or
over or is handicapped; or
(b) The surviving member or members of any family described in paragraph (a) living in a unit
within the building with the deceased member of the family at the time of his or her death; or
(c) A single person who is 55 years of age or over, or a non-elderly handicapped person between the
ages of 18 and 55; or
(d) Two (2) or more elderly or handicapped persons living together, or one or more such persons
living with another person who is determined by a licensed physician's certification to be
essential to their care or well-being.

For the purpose of this definition Handicapped Person means any adult having an impairment which is
expected to be of an indefinite duration, is a substantial impediment to his or her ability to live
independently, and is of a nature that such ability could be improved by more suitable housing conditions.
A person also shall be considered handicapped if he or she is developmentally disabled, i.e., if he or she
has a disability attributable to mental retardation, cerebral palsy, epilepsy, or another neurological
condition closely related to mental retardation or to require treatment similar to that required for mentally
retarded individuals, which disability originates before such individual attains age eighteen, which
constitutes a substantial handicap to such individual.

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Dwelling, Four-Family: A residential structure, occupying one lot, arranged or designed to be occupied
by four (4) families living independently of each other, generally with separate entrances for each
dwelling unit and common open space surrounding the structure.

Dwelling, Live-Work Unit: A residential structure, occupying one lot, with home business quarters on
the ground floor and occupant residential quarters on the upper floor or floors.

Dwelling, Mixed Commercial Use: A dwelling unit in a structure that is also designed and used for
commercial purposes. Access to the dwelling unit is separate from access to areas used for commercial
purposes and the unit is typically located in basements or upper stories with commercial uses occurring at
the street level of the structure.

Dwelling, Mobile Home:

Manufactured homes are also commonly referred to as “mobile homes” and differ from Modular Homes
as defined herein, in that they do not necessarily comply with BOCA or Virginia Uniform Statewide
Building Code standards. Three types are defined herein as follows:

Mobile (Manufactured) Home, Type A: A multi-sectional manufactured home (“doublewide”)

constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and
Safety Standards, promulgated by the U.S. Department of Housing and Urban Development.

Mobile (Manufactured) Home, Type B: A traditional single manufactured home (“singlewide”)

constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and
Safety Standards, promulgated by the U.S. Department of Housing and Urban Development.

Mobile (Manufactured) Home, Type C: Any manufactured home (“mobile home”) constructed
before July 1, 1976 and which consequently does not meet the criteria of a Type A or Type B
manufactured home as defined herein.

Dwelling, Modular: A dwelling unit constructed through use of large, prefabricated, mass-produced,
partially pre-assembled sections or modules which are subsequently put together on-site on a permanent
foundation, and which meets the BOCA and Virginia Uniform Statewide Building Code standards.

Dwelling, Multifamily: A residential structure arranged or designed to be occupied by more than one (1)
family living independently of each other, the structure having more than two (2) dwelling units and
generally 5+having a common entrance or hallway providing access to dwelling units.

Dwelling, Single-Family, Attached: One (1) of two (2) or more residential buildings having a common
party wall separating dwelling units, each dwelling unit occupying a separate lot.

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Dwelling, Single-Family, Detached: A structure arranged or designed to be occupied by one (1) family,
the structure having only one (1) dwelling unit.

Dwelling, Three-Family: A residential structure, occupying one (1) lot, arranged or designed to be
occupied by three (3) families living independently of each other, generally with separate entrances for
each dwelling unit and common open space surrounding the structure.

Dwelling, Triplex: A group of three (3) townhouse units.

Dwelling, Townhouse: A dwelling unit, occupying one(1) lot, attached by means of a common vertical
wall or walls, extending from the floor of the basement to the roof, to a series of similar dwelling units,
each of which has individual access from the outdoors and each of which normally consists of two (2) or
three (3) stories, situated on one (1) lot. The term "townhouse" is inclusive of the terms "atrium house"
and "patio house."

Dwelling, Two-Family: A single structure arranged or designed to be occupied by two (2) families
living independently of each other, with separate entrances for each dwelling unit and common open
space surrounding the structure.

Dwelling, Quadriplex: A group of four (4) townhouse units.

Dwelling Unit: One (1) or more rooms connected together in a structure designed for occupancy as a
separate living quarters, for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and
physically separated from any other rooms or dwelling units which may be in the same structure, and
containing independent cooking, sleeping, and sanitary facilities within the unit.

Easement: A grant of one (1) or more of the property rights by the owner to, or for the use by, the
public, a corporation, or another person or entity.

Emergency Housing: The housing is designated to provide emergency housing for a maximum of sixty
(60) days. Emergency housing and related counseling services shall be provided by a Fauquier
County/Town of Warrenton recognized human service organization. A house coordinator must reside on
the premises, and a substitute house coordinator shall be on the premises if the house coordinator is away
from the residence for more than one day.

Employment service or agency: A public, non-profit or for-profit agency or business that provides
assistance in matching prospective employees with employers.

Engineer: A person who is recognized by the Commonwealth of Virginia and who is registered with the
State Department of Professional and Occupational Registration, or registered with a like body in another
state, as a "professional engineer."

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Erosion and Sediment Control Definitions (reference Town’s Erosion and Sediment Control
Ordinance):

Applicant: 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.

Approved Plan: That plan approved by the Planning Director, by the issuance of a land disturbing
activity permit, which plan carries the permittee's proposed methodology for controlling erosion,
sedimentation, and storm water runoff resulting from the proposed land disturbing activity.

Board: The Virginia Soil and Water Conservation Board.

Certified Inspector: Employees of the Town of Warrenton charged with on-site inspection of
erosion and sediment control devices employed via this Article and who (i) hold a certificate of
competence from the Board in the area of project inspection or (ii) is enrolled in the Board's
training program for project inspection and successfully completes such program within one year
after enrollment.

Certified Program Administrator: The Town’s Building Official.

Clearing: Any activity which removes the vegetative ground cover, including but not limited to
the removal of vegetation, root mat removal, and/or topsoil removal.

Conservation Plan, Erosion and Sediment Control Plan, or Plan: A document containing material
for the conservation of soil and water resources of a unit or group of units of land. It may include
appropriate maps, an appropriate soil and water plan inventory and management information with
needed interpretations, and a record of decisions contributing to conservation treatment. The plan
shall contain all major conservation decisions to assure that the entire unit or units of land will be
so treated to achieve the conservation objectives.

District, or John Marshall Soil and Water Conservation District: A political subdivision of this
Commonwealth organized in accordance with the provisions of Chapter 1, Section 21-1 et seq., of
Title 21 of the Code of Virginia, 1950, as amended.

Erosion: The disintegration, detachment, carrying away, or wearing away of land surface by
running water, wind, and/or other natural agents.

Erosion Impact Area: An area of land not associated with current land disturbing 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 ten thousand
(10,000) square feet or less used for residential purposes.

Excavating: Any digging, scooping, or other method of removing earth materials.

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Filling: Any depositing or stockpiling or earth materials.

Governing Body: The Town Council of Warrenton, Virginia.

Grading: Any excavating or filling of earth materials or any combination thereof, including the
land in its excavated or filled condition.

Land Disturbing Activity: 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. The term shall
not include those activities identified in Section 4-6, Exceptions.

Land Disturbance Permit: A permit issued by the Town for clearing, filling, excavating, or
transporting of soil, or any combination thereof.

Local Erosion and Sediment Control Program, or Local Control Program: An outline of the
various methods employed by a district or locality 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: 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: The person to whom the permit authorizing land-disturbing activities is issued or the
person who certifies the approved erosion and sediment control plan will be followed.

Person: Any individual, partnership, form, association, joint venture, public 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: The Board, the Town of Warrenton, or the Zoning Administrator of the
Town of Warrenton responsible for determining the adequacy of a conservation plan submitted for
land-disturbing activities on a unit(s) of land and for approving plans.

Sediment: Solid material, both mineral and organic, that is in suspension, is being transported, or
has been moved from its site or origin by air, water, gravity, or ice and has come to rest on the
earth's surface, either above or below sea level.

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 State Erosion and Sediment Control Program, or State Program: The program administered by
the Virginia Soil and Water Conservation Board pursuant to Article 4, Chapter 5, Title 10.1 of the
Code of Virginia, 1950, as amended, including regulations designed to minimize erosion and
sedimentation.

State Waters: All waters on the surface and under the ground wholly or partially within or
bordering the Commonwealth or within its jurisdiction.

Town: The Town of Warrenton, Virginia, a municipal corporation.

Transporting: Any moving of earth materials from one place to another, other than such
movement incidental to grading, when such movement results in destroying the vegetative ground
cover, either by tracking or by 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.

External Relationships: Those associations pertaining to off-site considerations. (also see Internal
Relationships)

Evergreen: A coniferous or other plant that retains it leaves or needles in all seasons.

Facilities: Something designed, built, installed, etc., to serve a specific function affording a convenience,
use or service to the users.

Fair: a temporary, mainly outdoor, public celebratory event, including festivals, which may include
musical or theatrical entertainment, display and/or sale of crafts, food and the like.

Fairgrounds, showgrounds, or exhibition center: A site which is used for temporary, regular
exhibitions, displays, contests and the like.

Family: One (1) or more persons occupying a dwelling unit and living and cooking together as a single,
nonprofit, housekeeping unit, provided that not more than four (4) persons not related by blood, marriage,
adoption, or guardianship shall constitute a family unless such group is composed of handicapped persons
as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act of 1988 and all subsequent amendments. Such unrelated handicapped individuals shall have the right
to occupy a dwelling unit in the same manner and extent as any family unit established through kinship as
defined above.

Family Care Home: A private single-family home in which more than three (3) children, but no more
than six (6) children, are received for care, protection, and guidance during only part of the day, except
children who are related by blood or marriage to the person who maintains the home, and meeting
applicable licensing requirements for family care homes of § 63.1-196 of the Code of Virginia, 1950, as
amended.

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Farmer's Market: A place where locally grown produce and goods are sold on a temporary or seasonal
basis to the general public, not including wholesale or bulk sales to commercial enterprises or the sale of
crafts, household items, or other nonagricultural items.

Farm equipment, motorcycle, boat, and sport trailer sales and service: On-site sales and service,
either retail or wholesale, of farm equipment, motorcycle, boat, and sport trailers.

Fence: Any artificially constructed barrier of any material or combination of materials erected to enclose,
partition, or screen areas of land.

Flag: A flexible banner, typically cloth or other light material, hung from a pole, tower, wall or other
upright structure, for the purpose of displaying a symbol or message.

Flex Industrial uses: Light industrial activities that occur in buildings of no more than two stories in
height, with one or more loading docks, and not more than half of the gross floor area used for offices.

Floodplain Definitions (reference Floodplain District):

Base Flood/One Hundred-Year Flood: A flood that, on the average, is likely to occur once every
one hundred (100) years (i.e., that has a one (1) percent chance of occurring each year, although the
flood may occur in any year).

Existing Manufactured Home Park/Subdivision: A manufactured home park or subdivision for

which the construction of facilities for servicing the lots 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 pouring of concrete pads) is completed before the initial effective
date of these regulations.

Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional

sites by the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).

Flood: A general and temporary inundation of normally dry land areas.

Flood Fringe: All that land in a floodplain not lying within a delineated floodway and subject to
inundation by relatively low velocity flows and shallow water depths.

Flood Hazard District: The area subject to inundation by waters on the 100-year flood, which is
the flood that has a one (1) percent chance of being equaled or exceeded in any given year, as
defined by the Federal Emergency Management Agency.

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Floodplain: 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.

Flood-Prone Area: Any land area susceptible to being inundated by water from any source.

Floodproofing: The protection of structures and public utility systems from damage caused by
inundation or seepage of flood waters.

Floodway: The floodway is the channel of a stream plus any adjacent flood plain areas that must
be kept free of encroachment in order that the 100-year flood can be discharged without
cumulatively increasing the water surface elevation more than one foot at any point.

Historic Structure: Any structure that is a) listed individually in the National Register of Historic
Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register; b) certified or preliminarily 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 to qualify as a registered historic district; c)
individually listed on the Virginia Landmarks Register; or d) individually listed on the local
inventory of historic places, provided that the Warrenton preservation program has been certified
by the Department of Historic Resources and/or the Secretary of the Interior.

Manufactured Home Park/Subdivision: A parcel, or contiguous parcels, of land divided into two
(2) or more lots, for rent or sale, intended for the placement of a manufactured home.

New Construction: For the purpose of determining insurance rates, structures for which the “start
of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map
(FIRM) or after December 31, 1974, whichever is later, 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 this Article and
includes any subsequent improvements to such structures.

New Manufactured Home Park/Subdivision: A manufactured home park or subdivision for which
the construction of facilities for servicing the lots 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 pouring of concrete pads) is completed on or after the initial effective date
of these regulations.

Recreational Vehicle: A vehicle which is a) built on a single chassis; b) four hundred (400) square
feet or less when measured at the largest horizontal projection; c) designed to be self-propelled or
permanently towable by a light duty truck; and d) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

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 Start of Construction: The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was
within one hundred eighty (180) days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of 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 erections 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 substantial improvement, the actual start of
construction means the first alteration on any wall, ceiling, floor, or other structural part of a
building, whether or not the alteration affects the external dimensions of the building.

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring
the structure to it before damaged condition would equal or exceed fifty (50) percent of the market
value of the structure before damage occurred.

Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a

structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure
before the “start of construction” of the improvement. This term includes structures which have
incurred “substantial damage” regardless of the actual repair work performed. The term 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 assure safe living
conditions, or 2) any alteration of a “historic structure”, provided that the alteration will not
preclude the structures continued designation as a “historic structure.”

Floor Area, gross: The sum of the total horizontal areas of all floors of a structure on a lot, measured
from the interior faces of exterior walls, including basements, elevator shafts, stairwells at each story,
enclosed porches or atriums, interior balconies or mezzanines, and attics with headroom of six (6) feet,
six (6) inches or greater. This definition does not include floor space not used for human habitation or
suitable for temporary storage of merchandise or equipment such as areas designed for heating and
ventilating equipment, cellars or outside balconies which do not project more than six (6) feet from the
exterior wall, off-street parking structure, rooftop mechanical structures or penthouses, or areas with less
than six (6) feet, six (6) inches or more of structural headroom.

The term “floor area” shall include basements, elevator shafts and stairwells at each story, floor space for
mechanical equipment with headroom of seven feet or more, attic space, interior balconies and
mezzanines.

The term gross floor area shall not include cellars or outside balconies which do not exceed a projection
of six feet beyond the exterior walls of the building.

12 - 19 Updated December 2017XXX, 2018

Parking structures and rooftop mechanical structures are excluded from gross floor area.

The gross floor area of structures devoted to bulk storage of materials including, but not limited to, grain
elevators and petroleum storage tanks, shall be computed by counting each ten feet of height or fraction
thereof as being equal to one floor.

Floor Area, gross leasable: The total area designated for tenant occupancy and exclusive use in a
shopping center or commercial building, including storage, retail area, offices, shipping, basements,
mezzanines and upper floors, if any, expressed in square feet and measured from the center line of joint
partitions and from outside wall faces.

Floor Area, net: The sum of the total horizontal areas of the several floors of all buildings on a lot,
measured from the interior faces of exterior walls and from the centerline of walls separating two or more
buildings. The term “net floor area” shall include outdoor display areas for sale, rental and display of
vehicles, equipment and other products, but shall exclude areas designed for permanent uses such as
toilets, utility closets, enclosed parking areas, mechanical equipment rooms, public and fire corridors,
stairwells, elevators, escalators, and areas under a sloping ceiling where headroom in at least half of such
area is less than seven feet.
Footprint, building: (see Floorplate)

Floorplate: The horizontal land area occupied by a building at finished grade including projections and
overhangs (“footprint”).

Foster Home: A residence of any person in which one (1) or more children, other than a child by birth or
adoption of such person, resides as a member of the household.

Front: The edge of a lot or structure that abuts a street or way and ordinarily is regarded as the front of
the lot.

Front, to: When a building or structure faces or orients toward the front of a lot.

Frontage: That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; the
distance between the side lines of any lot as measured along a line, at the required setback distance from
the front lot line, generally paralleling the street upon which the lot fronts. 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 line, as defined and required herein.
On irregularly shaped lots that make such a measurable line impossible, the frontage shall be measured
along the line that can be drawn so as to best meet the intent of the above definition.

Frozen food lockers: Commercial facilities in which frozen foods are stored for wholesale distribution
or purposes.

12 - 20 Updated December 2017XXX, 2018

Funeral Home: A building or part thereof used for human funeral services. Such building may contain
space and facilities for the following: embalming and the performance of other services used in the
preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage
of caskets, funeral urns, and other related funeral supplies; and, the storage of funeral vehicles, but not
including facilities for cremation.

Garage, Private: Accessory building designed or used for the private storage of not more than three (3)
automobiles owned and used by the occupants of the building to which it is accessory, with no facilities
for mechanical service or repair of a commercial or public nature. On a lot occupied by a multiple-unit
dwelling, the private garage may be designed and used for the storage of twice as many automobiles as
there are dwelling units. A garage which is attached to the main dwelling structure shall be considered
part of that structure for purposes of setback, yard and height regulations.

Garage, Public: A building or portion thereof, other than a private garage, designed or used as a
business enterprise with a fee or service charge being paid to the owner for renting, selling, or storing
motor-driven vehicles.

Garage, Repair: Any building, premises, or land in which or upon which a business, service, or industry
involving the maintenance, servicing, repair, or painting of motor vehicles is conducted or rendered, such
services taking place within an enclosed building or screened from public view.

Garden Apartment: A dwelling unit situated within a structure consisting of no more than three (3)
stories with access to the dwelling units provided by means of an interior hallway or foyer, each dwelling
unit normally consisting of a portion of one (1) floor of the structure.

Gasoline Service Station: (see Service Station)

Geometric Design: Typical cross-sections used in street design.

Gift Shop: A building, or area within a building, comprising no more than 3,000 square feet that display
and sells merchandise at retail that is related to a historic person, place or event.

Golf Course: Any area of land, publicly or privately owned, on which the game of golf is played,
including accessory uses and buildings customary thereto, but excluding lighted golf driving ranges as
defined herein.

Golf Driving Range: A limited area on which golf players do not walk, but onto which they drive golf
balls from a central driving tee.

Governing Body: The Town Council of Warrenton, Virginia.

Governmental Buildings: (see Building, Governmental)

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Green: Land open to the general public for passive recreational use that contains lawns, shade trees
and/or landscaped areas. Paved pedestrian walkways and sitting areas may cover up to twenty-five
percent (25%) of the green. Greens may be publicly owned or owned in common by a property owners
association. Greens may but are not required to be square or rectangular in shape.

Grade: The average of the finished ground level at the center of all walls of a building. In the case
where walls are parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the
sidewalk.

Grain and feed supply stores: A business which sells grain, seed, feed and related agricultural products
on a wholesale basis, and may sell at retail as well.

Gross Floor Area: (see Floor Area, Gross)

Gross Leasable Space: (see Floor Area, Gross Leasable).

Group Home: A building which provides living accommodations for the physically or mentally
handicapped, children sixteen (16) years of age or younger, abused adults, or persons sixty-five
(65) years of age or older. The residents of such group homes shall be supervised by a resident or
nonresident staff persons in charge of their area.

Health Official; Health Officer: The health director or sanitarian of the County of Fauquier, Virginia,
or his designated agent.

Health or Fitness Facilities: An indoor establishment, which may include saunas and steambaths,
offering or providing facilities for and instruction in general health, physical fitness, and controlled
exercises such as weight lifting, calisthenics, and aerobic dancing.

Heliport: Any landing area used for the landing and taking off of helicopters for the purpose of picking
up or discharging of passengers or cargo, including fueling and emergency service facilities.

Heritage tree: any tree that has been individually designated by the local governing body to have
notable historic or cultural interest.

Highway Engineer: The engineer appointed by the Town Manager or designated state official serving
the local VDOT residency.

Historic District: An area containing buildings or places in which historic events occurred or having
special public value because of notable architectural or other features relating to the cultural or artistic
heritage of the community, of such significance as to warrant conservation and preservation, and
designated and/or mapped and adopted by the Town Council as an overlay district of the Zoning
Ordinance.

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Historic District Definitions (reference HD District):

1. Alteration: Any change, modification, or addition to a part of or all of the exterior of any
building or structure.
2. Building: Any enclosed or open structure which is a combination of materials to form a
construction for occupancy or use.
3. Building Official: The person appointed by the Town Manager as the individual who issues the
permit for the construction, alteration, reconstruction, repair, restoration, demolition, or razing of
all or part of any building.
4. Building Permit: An approval statement signed by the Building Permit Office authorizing the
construction, alteration, reconstruction, repair, restoration, demolition, or razing of all or a part of
any building.
5. Contributing Properties: Properties so designated on the inventory map of landmarks and
contributing properties which is adopted as a part of this Ordinance, being generally those
properties which by reason of form, materials, architectural details, and relation to surrounding
properties contribute favorably to the general character of the part of the Historic District in
which they are located but which by reason of recent age, lack of historic significance, or other
factors are not designated as historic landmarks under the criteria of this Ordinance.
6. Certificate of Appropriateness: The approval statement signed by the Chairman of the
Architectural Review Board which certifies the appropriateness of a particular request for the
construction, alteration, reconstruction, repair, restoration, demolition, or razing of all or a part of
any building within a historic district, subject to the issuance of all other regional permits needed
for the matter sought to be accomplished.
7. Demolition: The dismantling or tearing down of all or part of any building and all operations
incidental thereto.
8. Historic District: An area containing buildings or places in which historic events occurred or
having special public value because of notable architectural or other features relating to the
cultural or artistic heritage of the community, of such significance as to warrant conservation and
preservation.
9. Historic Landmark: Defined as any building or place listed in the National Register of Historic
Places, or in the Virginia Landmarks Register, or any building or place officially designated as a
landmark structure or place by the Town of Warrenton on the inventory map which is adopted as
a part of this Ordinance.
10. Reconstruction: Any or all work needed to remake or rebuild all or a part of any building to a
sound condition, but not necessarily of original materials.
11. Repairs: Any or all work involving the replacement of existing work with equivalent material for
the purpose of maintenance, but not including any addition, change, or modification in
construction.
12. Restoration: Any or all work connected with the returning to or restoring of a building, or a part
of any building, to its original condition through the use of original or nearly original materials.

Historic Shrine: (see Museum)

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Home Garden: A garden in a residential district for the production of vegetables, fruits, and flowers
generally for use and/or consumption by the occupants of the premises.

Home Business: Same as Home Occupation, except that a home business is permitted to have up to three
full-time equivalent employees who do not reside in the dwelling in addition to any family employees
who reside on the premises.
Home Occupation: Any occupation or activity conducted solely by a member of the family residing on
the premises which is incidental and secondary to the use of the premises for dwelling, and in general an
occupation where services are performed in such a way that visits to the premises by members of the
public are infrequent and that the character and intensity of the use is compatible with the quiet nature of
residential neighborhoods, provided that (a) not more than the equivalent area of one quarter (1/4) of the
total interior finished floor space of the dwelling shall be used for such purpose; (b) that such occupation
shall not require external or internal alterations, or the use of machinery or equipment not customary for
purely domestic household purposes; (c) that no commodity is stored or sold, except as are made on the
premises; (d) there shall be no group instruction, assembly or activity, or no display that will indicate
from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
When within the above requirement, a home occupation includes, but is not limited to the following: art
studio; dressmaking; home offices, teaching, with musical instruction limited two (2) pupils at a time.
However, a home occupation shall not be interpreted to include the conduct of barber shops and beauty
parlors, retail stores, nursing homes, medical offices, clinics, convalescent homes, rest homes, child care
centers, day care centers or nursery schools, restaurants, tea rooms, tourist homes, massage parlors or
similar establishments offering services to the general public.

Homeowners Association: A private nonprofit corporation of homeowners for the purpose of owning,
operating, improving and maintaining various common property and facilities.

Hospital: An institution primarily for human in-patient care for the sick or injured and including related
facilities such as laboratories, out-patient departments, training facilities, central services facilities, and
staff offices that are an integral part of the facilities, rendering medical, surgical, obstetrical, or
convalescent care, including nursing homes, homes for the aged, and sanatoriums.

Hospital, Special Care: A special care hospital shall mean an institution rendering care primarily for
mental or feeble-minded patients, alcoholics, or drug addicts.

Hotel: A facility offering transient lodging accommodations for ten or more individuals on a daily rate
and providing additional services, such as restaurants, meeting rooms, and recreational facilities (also see
Motel).

Housing, Emergency: (see Emergency Housing)

Household Pet Grooming: A commercial business limited to the routine grooming of household pets, as
defined herein, including bathing, hair cutting and similar functions. (also see Pet Grooming)

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Housekeeping Unit: (see Dwelling Unit)

Human Scale: The design and appearance of a building façade or group of facades such that a human
being perceives that the facades relate to the size of a human being and are not perceived to be
overwhelming, disorienting or intimating due to the apparent size.

I - District: A zoning district for industrial uses.

Ice cream truck: A vehicle primarily offering delivery and/or self-service of pre-packaged
frozen novelties or treats including ice cream, frozen yogurt, popsicles and similar fare. This
type of vendor must obtain an itinerant merchant license from the Town Manager.

Illustrative Material: Accompanying pictorial and written data.

Impervious Surface: A surface on previously undeveloped land that has been compacted or covered
with a layer of material so that it is highly resistant to infiltration by water, including gravel driveways
and parking areas.

Improvements: All utilities, facilities, buildings, and structures including but not limited to streets,
cul-de-sacs, storm and sanitary sewers, water lines, curb and gutter, and landscaping required pursuant to
the terms of the Ordinances of Warrenton, Virginia.

Industry, Heavy: A use engaged in the basic processing and manufacturing of materials or products
predominantly from extracted or raw materials, or a use engaged in storage or manufacturing processes
using flammable or explosive materials, or storage or manufacturing processes that potentially involve
hazardous or commonly recognized offensive conditions.

Industry, Light: A use engaged in the manufacture, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental
storage, sales, and distribution of such products, but excluding basic industrial processing or storage or
manufacturing processes that involve hazardous or offensive conditions.

Inn: A single-family dwelling, portion thereof, or accessory building to, where short-term lodging is
provided for compensation to transient guests only. Additional services, such as restaurants, meeting and
event space, and recreational facilities may also be provided. The operator may or may not live on the
premises. Up to twelve (12) guest rooms may be provided.

Inoperable Vehicle: A vehicle parked outside of a structure in any zoning district within the Town that
cannot be operated mechanically and/or does not display a current, valid Town and State registration
decal.

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Institutional uses or buildings: Educational and philanthropic operations, including museums, art
galleries, and libraries

Internal Relationships: Those associations pertaining to on-site considerations.

Janitorial service establishment: A commercial facility used to store equipment and materials used in
providing janitorial services, which may include limited administrative office space for the enterprise.

Junk Vehicle: An inoperable or abandoned motor vehicle without current Town and State registration.

Junk Yard: The use of any area of land lying within one hundred (100) feet of a state highway or the use
of more than two hundred (200) square feet of land area in any location for the storage, keeping, or
abandonment of junk including scrap metals or other scrap materials. The term "junk yard" shall include
the term "automobile graveyard" as defined herein.

Jurisdiction: The limits of territory within which authority may be exercised by the governing body.

Kennel: (see Animal Kennel).

Landscape Architect: A person who is certified by the State of Virginia in the practice of landscape
design.

Laboratories, research: A workplace devoted to scientific research and experimentation.

Laboratories, medical: A workplace devoted to routine testing of medical samples and related items
associated with the diagnosis and treatment of diseases.

Landscaping: The modification of existing site conditions by earthwork, planting, and/or structural
installation to complete a desired landscape scheme.

Landscape Design: The planned treatment of land, structures, plants, topography, and other natural
features.

Laundromat: A business that provides home-type washing, drying, and/or ironing machines for hire to
be used by customers on the premises.

Laundry: A commercial facility where washing, drying, ironing, and/or dry cleaning are performed, but
do not include self service machines.

Laundry, Pick Up-Drop Off: A business that provides laundry services to customers but washing,
drying, or dry cleaning facilities are not located on the immediate premises.

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Lawn and Garden Equipment: Motorized and non-motorized equipment used to cultivate or maintain
lawns and garden plots of yards associated with non-agricultural land uses.

Library: A place devoted to the collection and display of books, manuscripts and related intellectual
property for use and circulation by the public but not for sale.

Lighting (reference Lighting Regulations):

Footcandle: Unit of luminance. One lumen per square foot. It is the luminous flux per unit area in
the Imperial system. One footcandle equals approximately 0.1 (0.093) lux.

Flood Lam: A specific form of lamp designed to direct its output in a specific direction (a beam)
but with a diffusing glass envelope: Such lamps are so designated by the manufacturers and are
typically used in residential outdoor area lighting.

Full Cutoff Light Fixture or Luminaire; Fully Shielded Light Fixture: A lighting fixture from
which no light output, either directly from the lamp or a diffusing element, is emitted at or above a
horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light
intensity is emitted at an angle 10 degrees below that horizontal plane, at all lateral angles around
the fixture. Implicit in the definition is a fixture that is aimed straight down and has a flat lens. Any
structural part of the light fixture providing this shielding must be permanently affixed.

Glare: The sensation produced by a bright source within the visual field that is sufficiently brighter
than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual
performance and visibility. The magnitude of glare depends on such factors as the size, position,
brightness of the source, and on the brightness level to which the eyes are adapted.

High Intensity Discharge Lamp: A mercury vapor, metal halide, or high or low pressure sodium
lamp.

IESNA: Illuminating Engineering Society of North America

Illuminance, Luminance: The intensity of incident light at a point, measured with a light meter in
footcandles or lux.

Initial lumens: The lumens emitted from a lamp, as specified by the manufacturer of the lamp.

Lamp: The component of a luminaire that produces light. A lamp is also commonly referred to as
a bulb.

Light pollution: Any adverse effect of manmade light.

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 Light Trespass: Light falling where it is not wanted or needed, typically across property
boundaries.

Lumen: Unit of luminous flux; used to measure the amount of light emitted by lamps.

Luminaire: The term "luminaire" means a complete lighting unit, less the support assembly,
consisting of a lamp or lamps together with the components designed to distribute the light, to
position and protect the lamps, and to connect the lamps to the power supply. A luminaire is also
commonly referred to as a fixture.

Lux. Unit of Luminance: One lumen per square meter. It is the luminous flux per unit area in the
metric system. One lux equals approximately 10 (10.8) footcandles.

Installed: The attachment, or assembly fixed in place, whether or not connected to a power source,
of any outdoor light fixture.

Opaque: Opaque means that a material does not transmit light from an internal illumination source.
Applied to sign backgrounds, means that the area surrounding any letters or symbols on the sign
either is not lighted from within, or allows no light from an internal source to shine though it.

Outdoor Light Fixture or Lumenaire: An outdoor illuminating device, outdoor lighting or

reflective surface, lamp or similar device, permanently installed or portable, used for illumination
or advertisement.

Temporary Lighting: Lighting which does not conform to the provisions of this Code and which
will not be used for more than one thirty (30) day period within a calendar year, with one thirty (30)
day extension. Temporary lighting is intended for uses which by their nature are of limited
duration; for example holiday decorations, civic events, or construction projects.

Live-Work Unit: (see Dwelling, Live-Work Unit)

Loading Space: A space within the main building or on the same lot providing for the standing, loading,
or unloading of trucks and other carriers.

Lodge: (see Club).

Lot: A numbered and recorded portion of a subdivision intended for transfer of ownership or for building
development for a single building or accessory building or, in the case of land not transferred for sale, a
measured parcel of land having fixed boundaries and designated on a plat or survey showing the metes
and bounds or simply described by metes and bounds.

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Lot Area: The total horizontal area of the lot lying within the lot lines, provided that no area of land
lying within any street or right-of-way shall be deemed a portion of any lot area. The area of any lot
abutting a street shall be measured to the street right-of-way.

Lot, Corner: A lot abutting upon two (2) or more streets at their intersection. All sides along the streets
shall be considered front yards.

Lot, Coverage: The area of a site covered by buildings or roofed areas.

Lot, Depth of: The average horizontal distance between the front and rear lot lines.

Lot, Double Frontage: An interior lot having frontage on two (2) streets.

Lot, Interior: A lot other than a corner lot with only one street frontage.
Lot Line: A property boundary line of any lot held in single and separate ownership from adjacent
property, except that, in the case of any lot abutting a street, the lot line or such portion of the lot as abuts
the street shall be deemed to be the same as the street line, and shall not be the center line of the street, or
any other line within the street line even though such may be the property boundary line.

Lot, Pipestem: A lot with access provided to the bulk of the lot by means of a narrow corridor that does
not meet the street frontage requirement of the district regulations.

Lot, through: A lot in which both the front and rear lot lines abut a street.

Lot of Record: A lot which has been recorded among the land records in the Office of the Circuit Court
of Fauquier County, Virginia.
Lot, Substandard: (see Nonconforming Lot).

Lot, Width of: The horizontal distance between side lot lines measured at the required front setback line.

Lumber and building supply: A commercial use devoted to the storage and sale of wood, lumber and
related building materials.

Manufacture and/or Manufacturing: The processing, fabrication, assembly, and distribution of

products such as, but not limited to: scientific or precision instruments, photographic equipment,
communication equipment, computation equipment, household appliances, toys, sporting and athletic
goods, glass products made of purchased glass, electric lighting and wiring equipment, industrial controls,
lithographic and printing processes, radio and TV receiving sets, watches and clocks, optical goods, and
electrical machinery.

Massage Therapist: A practitioner who is licensed or certified by the state and/or a recognized
professional organization, to practice massage therapy for purposes of medical care or physical therapy
rather than for entertainment or recreation.

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Materials: The physical elements of which something is made or fabricated.

Medical or Dental Clinic: Any building or group of buildings occupied by medical practitioners and
related services for the purpose of providing health services to people on an out-patient basis.

Medical Center: Any building or group of buildings that provides a range of professional medical
services that would normally be found in hospitals, medical clinics and medical offices.

Medical Laboratory: (see Laboratory, Medical)

Meeting Hall: (see Assembly Hall)

Mentally or physically impaired person: A person who is a resident of Virginia and who requires
assistance with two or more activities of daily living, as defined in § 63.2-2200, as certified in a writing
provided by a physician licensed by the Commonwealth.

Mini-Warehouse: A structure containing separate storage spaces of varying sizes leased or owned on an
individual basis for self-storage of business, household, or contractors supplies.

Mixed-Use: A use or structure which contains residential uses as well as commercial or office uses.

Mobile Food Cart: Any non-motorized mobile food unit with limited infrastructure that serves
food and/or beverages intended for immediate consumption. Mobile food carts may not exceed
six (6) feet in length, three (3) in width (excluding wheels), or four (4) feet in height (excluding
wheels and umbrellas). Mobile Food Carts include pushcarts and similar devices.

Mobile Food Vehicle: A motorized mobile food unit which is self-sufficient in terms of potable
water, sanitary sewer and electric utilities, and generally consists of an enclosed truck, trailer or
similar vehicle, where food may be stored, prepared, cooked, and/or served. An open bed truck,
van or converted automobile is not considered a mobile food vehicle and is NOT eligible for a
mobile food vending permit.

Mobile Food Vendor: Any itinerant merchant who engages in the sale of food or beverages, whether
prepared on-site or off-site, and does so through the use of a mobile unit. Any person or business
selling foods from a mobile food cart or mobile food vehicle, which is stationary for a period of
time longer than that necessary to complete a sale or greater than a fifteen (15) minute period.
This definition does not apply to traveling ice cream trucks, cafeteria trucks serving active
construction sites, or non-commercial vehicles.

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Mobile Home (also “Manufactured Home”): (see “Dwelling, Mobile Home”)

Mobile Home Park: A residential neighborhood conforming to the requirements of the former MHP
Residential District.

Mobile Home Subdivision: An arrangement of lots designed and intended for the placement of mobile
homes for residential purposes, meeting the requirement of the former MHP Residential District.

Modular home; Modular dwelling: (see Dwelling, Modular)

Monument sales: Sales of headstones, plaques and similar elements for memorials.

Motel: A building or a group of two (2) or more detached or semi-detached buildings containing rooms
or apartments having separate entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building or group of buildings is
designed, intended, or used principally for the providing of sleeping accommodations for automobile
travelers and is suitable for occupancy at all seasons of the year.

Motion picture studio: A building or group of buildings in which videos, motion pictures or other visual
recordings are filmed.

Mural: A painting or other artistic depiction on the wall of a building which does not serve the purpose
of commercial or business advertisement or promotion.

Museum: A building which provides educational or aesthetic opportunities for the visiting public on a
regular schedule. Artifacts, artwork, historical documents, photographs, costumes, and other objects are
exhibited and cared for by a professional staff.

Neighborhood Professional Business: Any establishment containing between 1,500 and 5,000 square
feet of gross floor area, on the ground floor of a building/structure wherein the primary occupation is the
provision of services on a fee or contract basis. Retail sales to the general public are not permitted, except
as a secondary and subordinate activity, and not exceeding ten (10) percent of the gross floor area. The
retail sales area component should be clearly delineated within the building/structure. Business service
establishments shall not have more than two (2) employees, including the owner.

New Urbanism: A pattern of urban design which incorporates various traditional town planning
principles, including narrow streets, on-street parking, interconnected streets, alleys, small front setbacks,
mixed-uses and similar features.

Noise: Sound of a harsh, loud, or confused kind causing disturbance to occupants of an abutting,
adjacent, or adjoining property, as provided for in the performance standards of these regulations and any
other provisions of the Town Code.

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Nonconforming Activity: (see Nonconforming Use)

Nonconforming Lot: An otherwise legally platted lot that does not conform to the minimum area or
width requirements of this Ordinance for the district in which it is located either at the effective date of
this Ordinance or as a result of subsequent amendments to the Ordinance.

Nonconforming Sign: An otherwise legal sign that does not conform with the regulations of this
Ordinance for the district in which it is located, either at the effective date of this Ordinance or as a result
of subsequent amendments to the Ordinance.

Nonconforming Structure: An otherwise legal building or structure that does not conform with the lot
area, yard, height, lot coverage, or other area regulations of this Ordinance, or is designed or intended for
a use that does not conform to the use regulations of this Ordinance, for the district in which it is located,
either at the effective date of this Ordinance or as a result of subsequent amendments to the Ordinance.

Nonconforming Use: The otherwise legal use of a building or structure or a tract of land, other than a
sign, that does not conform with the regulations of this Ordinance for the district in which it is located,
either at the effective date of this Ordinance or as a result of subsequent amendments to the Ordinance.

Non-profit organization: A non-profit organization incorporated under the provisions of section 501 [c]
3 of the federal code.

Nursery School: (see Day Care Center).

Nursing or Convalescent Home: An extended or intermediate care facility licensed or approved to

provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic
illness, or infirmity are unable to care for themselves.

Office: A building or portion of a building wherein services are performed involving predominantly
administrative, professional, or clerical operations.

Office, business and professional: (see Business and Professional Office)

Office, medical: (see Medical or Dental Clinic)

Off-Street Parking Space or Parking Bays: A reasonably level space, available for the parking of one
(1) motor vehicle, not less than nine (9) feet wide and having an area of not less than one hundred
sixty-two (162) square feet exclusive of passageways or other means of circulation or access.

One Hundred-Year Flood: A flood that, on the average, is likely to occur once every 100 years (i.e.,
that has a one (1) percent chance of occurring each year, although the flood may occur in any year).

On-Site: That area within the boundary of any land to be developed or planned for development.

12 - 32 Updated December 2017XXX, 2018

Open Space: An area that is intended to provide light and air, and is designed for either environmental,
scenic, or recreational purposes and may include, but is not limited to, lawns, decorative planting,
walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas,
and water bodies, but not including driveways, parking lots, and storage yards.
Open Space, Common: Open space within or related to a development, not in individually owned lots
or dedicated for public use, but which is designed and intended for the common use or enjoyment of the
residents of a development.

Outdoor Lighting: (see Lighting)

Outdoor Storage: The keeping in an unroofed area of any goods, junk, material, merchandise, or
vehicles in the same place for more than one (1) week.

Owner-Applicant: (see Applicant-Owner_.

Parcel: A continuous quantity of land, as shown on the official parcel maps of the County Commissioner
of the Revenue and/or an approved record plat, in the possession of, owned by, or recorded as the
property of the same person or persons.

Park: An area open to the general public and reserved for recreational, educational, or scenic purposes.

Parking, off-street: Parking in spaces designated outside of the street right-of-way.

Parking, on-street: Parking in spaces designated within the street right-of-way.

Parking Lot: An area not within a building where motor vehicles may be stored for the purposes of
temporary, daily, or overnight off-street parking. For the purposes of this Article, parking lots are defined
as any area used for the display or parking of any and all types of vehicles, boats, farm machinery, lawn
and garden equipment, or heavy construction equipment, whether or not these items are for sale or lease.
This definition includes, but is not limited to, parking lots and display areas for automobile dealerships
and service stations. The area of the parking lot shall be calculated to include all paved areas used for
ingress, egress, internal circulation, loading, and parking stalls.

Parking Space, All Weather: A parking space surfaced to whatever extent necessary to permit
reasonable use under all conditions of weather.

Passive Recreation: (see Recreation, Passive)

Passive Recreation Area: (see Recreation Area or Facilities, Passive)

Patio House: For purposes herein, same as atrium house (also see Atrium House, Townhouse).

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Performance Bond: A bond of surety, and/or cash deposit approved by the Governing Body equal to the
full cost of improvements required by these regulations and providing for completion of said
improvements within a definite term (A performance and payment bond also provides for the payment of
subcontractors).

Personal Service Establishment or Store: Establishments primarily engaged in the repair, care,
maintenance or customizing of personal property that is worn or carried about the person, or is a physical
component of the person, such as the following which will serve as illustration: beauty parlors, barber
shops, shoe repair, tailor shops, opticians, and similar places of business. Personal Service
Establishments do not include dry cleaning plants, or linen or diaper service establishments.

Pet, Household: Small, domestic animals that are customarily kept in the house or residential yard for
the company or enjoyment of the owner, such as but not limited to dogs, cats, rabbits, birds, rodents, fish
and other such animals that pose no threat, harm or disturbance to neighboring residents or properties.

Pet Grooming: A commercial business limited to the routine grooming of household pets, as defined
herein, including bathing, hair cutting and similar functions.

Pipeline, Major: A main trunk pipeline that carries water, gas or other material, or that collects
stormwater or wastewater, and connects to one or more smaller lines that provide the service to specific
customers.

Pipestem Lot: (see Lot, Pipestem).

Planned Unit Development: A development of land that is under unified control and is planned and
developed as a whole in a single development operation or programmed series of development stages,
including principal and accessory structures and uses substantially related to the character and purposes of
the development, and including streets, circulation ways, utilities, buildings, open spaces, and other site
features and improvements. It also includes a program for the provision, operation, and maintenance of
such areas, facilities, and improvements as will be for common use by some or all of the occupants of the
planned development but will not be provided, operated, or maintained at public expense. PUD includes
mixed-use developments, single use residential developments and/or commercial developments, in accord
with the provisions of this Ordinance.

Planner: Person qualified to prepare site development plans, either licensed as such or meeting the
educational training and work experience standards for membership of the American Institute of Certified
Planners.

Planning Director: The person designated by the Town Manager to serve in this capacity.

Plat: A map or plan of a tract or parcel of land which is to be or has been subdivided (when used as a
verb, plat is synonymous with subdivide).

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Playground: A recreational area which is graded and either planted in grass or paved, or a combination
of both, which may have play equipment, and which may be lighted or unlighted for nighttime sports
activities in accord with the provisions of this ordinance.

Plumbing and electrical supply: A business which sells plumbing and/or electric products on a
wholesale basis, and may sell at retail as well.

Porch: A structure attached to a building to shelter an entrance or to serve as a semi-enclosed space,

usually roofed and generally open-sided, but it may be screened or glass enclosed.

Printing establishments: Printing, publishing, and engraving establishment; photographic processing;

blueprinting; photocopying; and similar uses

Profile: A drawing of a side or sectional elevation of an object.

Property: Any tract, lot, or parcel, or several of the same collected together for the purpose of
subdividing, preparing a site development plan, and/or developing.

Public Buildings: (see Building, Public)

Public Facilities Manual: The Town of Warrenton Public Facilities Manual. This manual provides
standards and specifications for public facilities construction within the Town.

Public Water and Sewer Systems: A water or sewer system owned and operated by a municipality or
county, or owned and operated by a private individual or a corporation approved by the Governing Body
and properly licensed by the State Corporation Commission, and subject to special regulations as herein
set forth.

Pumping station: A component of a public water or wastewater system that pumps material from one
line to another for either distribution or collection.

R – District (Residential District): Any zoning district beginning with "R" and/or any zoning district
designed primarily for residential uses.

Recreation, Active: Intensive play or athletic activity involving individual or group participation in
games, sports or other activity. Includes such activities as baseball, basketball, tennis, soccer, golf,
swimming, riding and other activities involving physical exertion. May be private, public or commercial
in nature.

Recreation Area or Facilities, Active: Area or facilities designed for intensive play or athletic activity
by either juveniles or adults.

Recreation, Commercial: (see Commercial Recreation)

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Recreation, Passive: Activity involving minimal physical exertion such as sitting, walking, picnicking,
bird watching and reading.

Recreation Area or Facilities, Passive: Natural areas with or without facilities, primarily scenic, for
passive activities, e.g., sitting, walking, riding, or picnicking.

Recycling Center: A facility that is not a junkyard and in which recoverable resources, such as
newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, either by
machine or by hand, within a completely enclosed building, in preparation for further processing or
manufacturing at another facility.

Recycling Collection Point: An incidental use that serves as a neighborhood drop-off point for
recoverable resources, for temporary storage in containers, or small structures, not including processing of
such items. Generally, these facilities are located in shopping center parking lots, or other public or
semi-public areas such as churches or schools.

Recycling Plant: A facility that is not a junkyard and in which recoverable resources, such as magazines,
books, and other paper products; glass; metal cans; and other products, are recycled, reprocessed, and
treated, within a completely enclosed building, to return such products to a condition in which they may
again be used for production.

Rental service establishment: A business that rents household equipment and/or vehicles.

Rescue Squad: An emergency medical and rescue company, typically operated as a non-profit
organization, using emergency medical vehicles to serve customers.

Rest Home: (see Nursing Home).

Restaurant: An establishment whose principal business is the selling of unpackaged food to the
customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where
the customer consumes these foods while seated at tables or counters located within the building. This
definition also includes cafes, cafeterias, sit-down restaurants, tea rooms, confectionery shops,
refreshment stands, and outdoor cafes.

Restaurant, Carry-Out: An establishment that provides prepared food for pick-up by the customer or
delivery by the restaurant employees, but not eat-in facilities.

Restaurant, Drive-Through: An establishment that delivers prepared food, beverages, and/or desserts
to customers in motor vehicles, regardless of whether or not it also serves customers who are not in motor
vehicles, for consumption on or off the premises.

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Restaurant, Fast Food: An establishment whose principal business is the sale of pre-prepared or rapidly
prepared food, beverages, and/or desserts directly to the customer in a ready-to-consume state for
consumption either within the restaurant building or off premises. Orders are not generally taken at the
customer's table and food is generally served in disposable wrapping or containers.

Retail Stores and Shops: Buildings for the display and sale of merchandise at retail (but specifically
exclusive of coal, wood, and lumber yards), such as the following which serve as illustrations:
drugstore, newsstand, food or grocery store, candy shop, dry goods and notions store, antique store, gift
shop, hardware store, household appliance store, furniture store, florist, music and radio store. This group
also includes the consolidation of retail stores into one or more buildings as a shopping center.

Retail uses, General: (see Retail Stores and Shops)

Retail uses, Personal services: Retail uses that provide services to individuals, such as barber, beauty
salon, nail care, and the like.

Retail uses, Business services: Retail uses that provide services to businesses, such as office supplies,
office equipment, data processing, and the like.

Retail Use, Automated: A retail establishment that is fully automated, without a full time attendant or
proprietor.

Retention Facility: The same as a Detention Facility except that the lower water elevation of the pond
may be at a level lower than the normal hydraulic grade line of the drainage system into which it drains.
Water detained in this lower elevation must therefore be dissipated by evaporation, seepage into the soil,
or retained as a permanent water pool.

Reverse Frontage: A lot with double frontage which is not accessible from one of the streets upon
which it fronts, usually the street designed for or experiencing the highest vehicular traffic volumes.

Right-of-Way: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road,
electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for
another special use. May include a fee simple or easement ownership.

Road, Public: All public property reserved or dedicated for street traffic, maintained by the Town of
Warrenton or the Virginia Department of Highways.

Road, Private: A way open to vehicular ingress and egress established as a separate tract for the benefit
of certain adjacent properties, not including driveways, and not maintained by the Town of Warrenton or
the Virginia Department of Highways.

Rooming House: (see Boarding House).

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Rug and carpet cleaning and storage with incidental sales of rugs and carpets: A business which
cleans and/or stores rugs and carpets and which may sell or trade such items as an incidental use.

Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar
configured, usually in a round, parabolic shape, intended to receive and/or transmit radio,
electromagnetic, or microwaves from terrestrially based and/or orbitally based sources.

School: Any public, parochial, or private place of instruction that provides a curriculum of elementary or
secondary academic instruction, including kindergartens, elementary schools, middle schools, junior high
schools, vocational schools, and high schools, meeting all the licensing requirements of the
Commonwealth of Virginia.

Screening: (see Buffer).

Seating Capacity: The actual seating capacity of an area based upon the number of fixed seats or one (1)
seat per eighteen (18) inches of bench or pew length. For other areas where seats are not fixed, the
seating capacity shall be one (1) seat for every seven (7) square feet of net floor area, excluding floor area
devoted to permanent displays and/or storage.

Security service office or station: A kiosk, office or other structure out of which the security personnel
of a building or complex operate.

Self-Service Storage Units: (see Mini-Warehouse).

Senior Citizens Center: A licensed facility which provides care, supervision, and recreation activities
for persons 55 years of age and older, during a portion of the day and which is not used for lodging or
overnight care.

Service Station: Buildings and premises where the primary use is the supply and dispensing of retail
motor fuels, lubricants, batteries, tires, motor vehicle accessories, and/or light maintenance activities,
performed within an enclosed building, such as engine tune-ups, lubrication, and minor or emergency
repairs. This definition does not include heavy automobile maintenance activities such as engine
overhauls, automobile painting, and body or fender work.

Setback: The minimum distance by which any building or structure must be separated from the front,
side, or rear lot line.

Setback Line: The line which establishes the required setback. The same as building line.

Shopping Center: A grouping of retail business and service uses on a single site with common, shared
parking facilities and combined access points to the public road system.

Shrub: A low-growing, usually multi-stemmed, woody plant.

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Sign: Any display of any letters, words, numerals, figures, devices, emblems, pictures, structural forms,
corporate logos (including symbols, color patterns or other features that communicate brand identity) or
any parts or combinations thereof, by any means whereby the same 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 on or beyond the boundaries of the parcel of land on which the same is made. A display
of less than two (2) square feet in area is excluded from this definition.

Sign, Advertising: A sign directing attention to a product offered upon the premises, but which product
or service is or could be offered elsewhere than on the same premises, with the exception that where the
trade name of the product is a basic factor in directing attention to the business, the display of that sign
shall be considered a business use.

Sign, Animated: Such signs shall include but not be limited to pennants, propellers, inflatable figures,
balloons, discs and any sign with moving parts.

Sign, Area: That area within a line including the outer extremities of all letters, figures, characters, and
delineations, or within a line including the outer extremities of the framework or background of the sign,
whichever line includes the larger area. The support for the sign background, whether it is columns, a
pylon, or a building or part thereof, shall not be included in the sign area. Only one (1) side of a
double-faced sign shall be included in a computation of sign area; for other signs with more than one (1)
face, each side shall be included in a computation of sign area. The area of a cylindrical or spherical sign
shall be computed by multiplying one-half of the circumference by the height of the sign area.

Sign, Banner: A temporary sign announcing the name, time and place of a special event within the
Town conducted by a public agency, or for the benefit of any civic, fraternal, religious, or charitable
cause, such sign to be displayed above a public right-of-way.

Sign, Billboard: Any sign that identifies or communicates a commercial or noncommercial message
related to an activity conducted, a service rendered, or a commodity sold at a location other than where
the sign is located, excluding directional signs. (see Off-Premise Sign)

Sign, Canopy: A sign painted or attached to a covered area or structure which extends from the wall of a
building or is freestanding, such as the structure that covers a gasoline pump island, including awnings,
and including the materials and colors of the awning or canopy structure itself.

Sign, Commercial: A sign directing attention to a business, commodity, service, or entertainment

conducted, sold or offered on the same premises upon which the sign is maintained (see Advertising
above).

Sign, Directional: A sign marking an entrance or exit or giving other directions to the general public or
to patrons or customers.

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Sign, Directory: A sign for identifying the occupants or tenants of a building and/or their location in the
building.

Sign, Double-Faced: A sign with two (2) parallel or nearly parallel faces, back to back, upon which
advertising is displayed.

Sign, Electronic Message Board: Any sign that uses changing lights to form a sign message or
messages wherein the sequence of messages and the rate of change is electronically programmed and can
be modified by electronic processes. Such signs may be included in the definition of other types of signs
if they otherwise meet those definitions and do not have features of prohibited signs, such as flashing
signs.

Sign, Flashing: Any illuminated sign on which there is artificial light which is not stationary or constant
in intensity or color at all times when such sign is in use.

Sign, Free Standing: A sign supported by one (1) or more upright poles, columns, or braces placed in or
on the ground and not attached to any building or structure. (a type of ground sign)

Sign, Ground: A general term that includes freestanding and monument signs; any sign supported by
uprights or braces placed in the ground or attached directly to the ground, and not attached to any
building. (see Freestanding Sign; see Monument Sign)

Sign, Height: The vertical distance from the street grade or the average lot grade at the front setback
line, whichever produces the greater vertical distance, to the highest point of the sign.

Sign, Identification: A sign indicating the name of a permitted use, the name or address of a building, or
the name of the management thereof.

Sign, Illuminated: Any sign which has character letters, figures, designs, or outlines illuminated by
electric lights or luminous tubes as a part of the sign proper.

Sign, Indirectly Illuminated: A sign which is either (1) artificially lit from within itself using an
opaque/non-glaring background and backlighted or (2) is illuminated by spotlights or floodlights not a
part of or attached to the sign itself. Also, for purposes of this Ordinance, a sign of translucent
nontransparent material illuminated from within with no exposed or exterior bulbs, tubes, or other light
source.

Sign, Informational: A sign conveying instructions with respect to the premises on which it is
maintained or giving directions, or providing information to the public at large by official notices, place
names, tourist information, and the like.

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Sign, Industrial Park: Any sign designating a group of industrial buildings or industrial tenants in an
industrial park, laid out and developed or operated as a unit according to an integrated design plan, which
states the name of the Park and may list individual businesses or tenants in accord with the limitations of
this Ordinance.

Sign, Marquee: Any canopy or other covered structure other than a projecting sign projecting from and
wholly supported by a building and extending beyond the building wall.

Sign, Monument: A type of ground mounted sign which is built on grade and which the sign and
structure are an integral part of one another.

Sign, Off-Premises: Any sign located on a separate parcel from the structure or business it pertains to,
except for signs for businesses within shopping centers or planned development districts that are located
on a separate parcel from the business but contiguous with the other parcels that form the shopping center
or planned development project.

Sign, Painted: Any sign painted on the exterior surface of a building.

Sign, Portable: Any sign not affixed to the ground or to a building, including any sign attached to or
displayed on a vehicle that is used for the expressed purpose of advertising a business establishment,
product, or service, or entertainment, when that vehicle is so parked as to attract the attention of the
motoring or pedestrian traffic.

Sign, Projecting: A sign attached to a building, approximately perpendicular to the building wall.

Sign, Real Estate: A sign that advertises the property on which it is located, for sale, rent, or lease. Such
signs shall be removed upon the sale, rental, or lease of the property on which it is located.

Sign, Roof: Any sign erected, constructed, and maintained wholly upon or over the roof of any building.

Sign, Shopping Center: Any sign designating a group of retail stores laid out and developed or operated
as a unit according to an integrated design plan, which states the name of the center and may list
individual stores or tenants in accord with the limitations of this Ordinance.

Sign, Structure: Includes the supports, uprights, bracing, and framework of any structure, be it
single-faced, double-faced, v-type, or otherwise, exhibiting a sign.

Sign, Temporary: A sign applying to an activity such as horse shows, auctions, carnivals, festivals, or
other community sponsored activities, or advertising the grand opening, closing, or other special event of
a commercial nature, and intended to be displayed for not more than forty-five (45) days.

Sign, Wall: Any signs or lettering, projecting not more than eight (8) inches, which are placed against or
attached to the front, rear, or side wall of a building, but shall not include professional name-plates. If the

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sign is composed of individual letters attached to the wall, the area between letters shall be included in
size calculations.

Sign, Window: A sign painted, stenciled, or affixed on a window, which is visible from a right-of-way.

Sign fabricating and painting: The fabrication, painting or assembly of any type of sign as defined
herein.

Simplicity: Directness of expression in design.

Site Development Plan: Detailed drawings indicating all building construction and land improvements,
including landscape treatments and related information as required by this Ordinance. Also defined as the
Site Development Plan Ordinance, Town of Warrenton, Virginia, December, 1970.

Small equipment sales and/or service operations: A commercial enterprise devoted to the repair and
sales of small scale motorized equipment for residential or commercial activities, such as lawn mowers
and power tools.

Special Exception: (see Special Use Permit)

Special Use Permit: A permit for a use that, owing to some special characteristics attendant to its
operation, installation, or relation to the neighborhood, is permitted in a district, subject to Town Council
or BZA approval, in accordance with the provisions of Article 11 of this Ordinance. Special Use Permits
are subject to special requirements and/or conditions that may be imposed by the Council or BZA,
respectively, different from those usual requirements for the district in which the special use in located.

Specifications: A detailed, precise presentation of the materials and procedures to be employed in the
construction of all physical improvements required by the ordinance applicable in the Town of
Warrenton, Virginia.

Specimen tree: any tree that has been individually designated by the local governing body to be notable
by virtue of its outstanding size and quality for its particular species.

Square: Land open to the general public for passive recreational use that contains paved pedestrian
plazas, lawns, shade trees and/or landscaped areas. Paved pedestrian plazas may cover up to 90% of the
square. Squares may be publicly owned or owned in common by a property owners association. Squares
are not required to be square or rectangular in shape.

Steep Slope: A slope exceeding twenty-five (25) percent grade.

Storage yards: A yard area in which materials, equipment and/or vehicles used for construction,
excavating or similar activities are stored, kept and/or maintained. Storage yards may be partially
covered, enclosed or screened.

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Stormwater Management:

Adequate Channel: For manmade channels, the ten-year frequency storm is used to verify that
stormwater will not overtop the channel banks and the two-year storm is used to demonstrate that
stormwater will not cause erosion to the channel bed or banks (definition from the Erosion and
Sediment Control Regulations). For natural channels capable of conveying the runoff from a two-
year storm without overtopping its banks or eroding the channel lining, or without causing flooding
of structures from the 100-year storm event.

Applicant/Developer: Any person, his Agent, or his assigns submitting a stormwater management
plan for approval.

BMP Handbook: Best Management Practices Handbook

Channel: An elongated depression having a definite bed and bank which serves to confine the flow
of water.

Conduit: A general term for any open or enclosed facility intended for the conveyance of water.

Control Section: A section or a reach of a conduit where conditions exist that make the water level
stable. A control section may be partial or complete. A complete control section is independent of
downstream conditions and is effective at all stages. An overflow dam or rock ledge crossing a
channel are examples. Control sections may be either natural or artificial.

Culvert: A closed conduit carrying water under a highway, railroad, or other embankment. A
culvert 'is distinguished from a bridge by generally having the same material all around its
perimeter, and having a regular, symmetrical shape.

Debris: Any material, including floating trash or suspended sediment moved by a flowing stream.
Deter: The practice of containing standing water for a brief time after a surface water runoff event
for the purpose of reducing peak runoff rates and/or for removing pollutants. Detention may be
achieved in facilities that are normally dry (detention ponds).

Development: 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 two or
more residential dwelling units.

Discharge:

(a) The quantity of water, silt, or other mobile substances passing along a conduit per unit of
time: rate of flow expressed as cubic feet per second, liters per second, million of gallons per
day, etc.

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 (b) The act involved in water or other liquid passing through an opening or along a conduit or
channel.
(c) The water or other liquid which emerges from an opening or passes along a conduit or
channel.

Ditch: An artificial channel.

Flood Routing: Determining the changes in the rise and fall of floodwater as it proceeds
downstream along a drainageway, including the effects of structures.

Frequency of Storm: The anticipated period in years that will elapse, based on average probability
of storms in the design region, before a storm of a given intensity and/or total volume will recur. A
10-year storm can be expected to occur on the average of once every 10 years.

Impervious: Condition of a material that prevents significant percolation.

Infiltration Facility: A stormwater management facility which temporarily impounds runoff and
discharges it via infiltration through the surrounding soil. While an infiltration facility may also be
equipped with an outlet structure to discharge impounded runoff, such discharge is normally
reserved for overflow and other emergency conditions. Since an infiltration facility impounds
runoff only temporarily, it is normally dry during non-rainfall periods.

Land Development or Land Development Project: A manmade change to the land surface that
potentially changes its runoff characteristics.

On site Stormwater Management Facilities: Facilities which are designed to control stormwater
runoff emanating from a specific site.

Peak Discharge: The maximum instantaneous flow from a given storm condition at a specific
location.
Post-development Runoff: Conditions that may reasonably be expected or anticipated to exist after
completion of the land development activity on a specific site or tract of land.

Predevelopment Runoff: Conditions that exist at the time that plans for a land development activity
are approved by the plan approval authority. For staged development, the first item approved or
permitted shall establish the time at which predevelopment conditions are fixed. In the case of land
development by governmental agencies, the initiation of land acquisition shall establish the time at
which predevelopment conditions are fixed.

Regional Watershed-Wide Stormwater Management Facility or Regional Facility: A facility or

series of facilities designed to control stormwater runoff from a large contributing area, although
only portions of the watershed may experience land development.

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 Storm Sewer: A sewer that carries only stormwater, drainage and other surface water, but not
domestic sewage or industrial wastes. A storm sewer system consists of underground conduits,
inlets, manholes, open channels, swales and special appurtenances.

Stormwater Detention Basin or Detention Basin: A stormwater management facility which

temporarily impounds runoff and discharges it through a hydraulic outlet structure to a downstream
conveyance system. While a certain amount of outflow may also occur via infiltration through the
surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates
and are, therefore, not considered in the facility's design. Since a detention facility impounds runoff
only temporarily, it is normally dry during non-rainfall periods.

Stormwater Drainage System: A system of conduits and associated structures used to collect and
convey runoff.

Stormwater Management Facility: A device that controls stormwater and changes the
characteristics of runoff including, but not limited to the quantity and quality, the period of release,
or the velocity of flow.

Time of Concentration: The time it takes for runoff to travel from the most hydraulically distant
part of the watershed to a point of reference, (i.e. basin outlet, drop inlet, etc.)

Town: The Town of Warrenton.

Watershed: The total drainage area contributing runoff to a single point.

Watercourse: Any naturally occurring, constant or intermittent, surface water and its associated
banks, bed, and floodplains.

Story: That portion of a building, other than the basement, included between the surface of any floor and
the surface of the floor next above it. If there be no floor above it, the space between the floor and the
ceiling next above it.

Story, Half: A space under a sloping roof, which has the line of intersection of roof decking and wall
face not more than three (3) 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: A strip of land subject to vehicular and/or pedestrian traffic providing means of access to
property; also designated as road, lane, drive, avenue, right-of-way, highway, boulevard, trail, court,
place, terrace, etc. (see Street, Public)

Street, Arterial: A highway utilized primarily as a supplement to, and an extension of, the interstate
highway system, defined in the Virginia State Highway Commission Standards as an arterial highway. A

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minimum right-of-way of one hundred twenty (120) feet is required and carrying capacity is in excess of
eight thousand (8,000) vehicles per lane per day.

Street, Collector: Any existing or future street shown as a collector street on the adopted
Comprehensive Plan or that carries a volume of through traffic between four hundred (400) and three
thousand (3,000) vehicles per day.

Street, Interstate: A thoroughfare utilized to carry interstate traffic with a minimum right-of-way of
three hundred (300) feet in rural area and carrying capacity in excess of fifteen hundred (1,500) vehicles
per lane per hour.
Street, Line: The dividing line between a street or road right-of-way and the contiguous property.

Street, Local: A street that carries or is anticipated to carry a volume of traffic less than four hundred
(400) vehicles per day, the right-of-way of which shall not be less than fifty (50) feet.

Street, Primary Thoroughfare: A street that carries or is anticipated to carry a volume of traffic
exceeding three thousand (3,000) vehicles per day, the right-of-way of which shall not be less than
seventy (70) feet, and should, where feasible, have a minimum right-of-way of ninety (90) feet.

Street, Private: A local or collector street constructed to Town and State standards or the equivalent
thereto, guaranteed to be maintained by a private corporation by means of a covenant, deed, and easement
acceptable to the Town of Warrenton. Such streets shall have guaranteed public vehicular access.

Street, Public: All public property reserved or dedicated for street traffic, improved to the standards set
by the Town of Warrenton or the Virginia Department of Transportation. The lot frontage and setback
requirements of this ordinance refer to the public street.

Street, Secondary Collector: A street that carries or is anticipated to carry a volume of through-traffic
exceeding four hundred (400) vehicles per day, the right-of-way of which shall not be less than fifty (50)
feet nor more than ninety (90) feet depending upon existing or anticipated traffic volume.

Street, Service Drive: A public right-of-way generally parallel with and contiguous to a major highway.
Primarily designed to promote safety by eliminating pernicious ingress and egress to the major safe and
orderly points of access to the major highway.

Street, Width: The total width of the strip of land dedicated or reserved for public travel includes
roadway, curb and gutter, sidewalks, planting strips, and where necessary, utility easements.

Structure: Anything constructed or erected, the use of which requires permanent location on the ground,
or attachment to something having a permanent location on the ground. This includes, among other
things, dwellings, buildings, signs, fences, walls, etc., but not private driveways.

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Studios for artists, photographers, and sculptors: A work space for the creation of artworks,
photography and related or similar activities.

Studios and trade schools: A work space for the conduct, teaching and/or practice of artist or business
trades.

Subdivide: To divide any tract, parcel, or lot of land into two (2) or more parts for the purpose of
transferring ownership of any part or for the purpose of building development of any sort. The term
"subdivide" includes the term "resubdivide" and when appropriate to the context shall relate to the process
of subdividing.
Substations: An appurtenant structure for collecting, processing or distributing a public utility
commodity, including electric substations but not including any part of a water or sewer system.

Surveyor, Land: An individual who is certified and licensed by the Commonwealth of Virginia and who
is registered with the State Department of Professional and Occupational Registration as a "registered
land surveyor."

Taxicabs stands: An office, kiosk or other station at which taxis are dispatched.

Taxidermist: A person who prepares animal carcasses for ornamental display.

Tea Room: A room or rooms within a private residence, where teas, other beverages, and food
products are provided for compensation. The operator of the facility shall live on the premises.

Temporary family health care structure: A transportable residential structure, providing an

environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that
(i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant
who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and
(iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and
the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care
structure on a permanent foundation shall not be required or permitted.

Theaters: A building, structure or place designed or used primarily for the commercial exhibition of
motion pictures to the general public or used for the performance of plays, acts, dramas or musical
productions by actors, actresses and/or musicians.

Tire recapping and retreading: A business which re-caps and/or re-treads motor vehicle tires.

Tourist Home: A dwelling where only lodging is provided for compensation for up to five (5) persons
(in contradistinction to hotels and boardinghouses) and open to transients.

Town Engineer: The person designated to serve in this capacity by the Town Manager.

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Townhouse: (see Dwelling, Townhouse).

Town Manager: The duly appointed Town Manager of Warrenton, Virginia.

Transitional Housing: The housing is designed to provide temporary housing for not more than four (4)
unrelated persons for a maximum of six months. Transitional housing and counseling services shall be
provided by a coalition of churches and/or human service organizations. A house coordinator must reside
on the premises, and a substitute house coordinator shall be on the premises if the house coordinator is
away from the residence for more than one day.

Transmission Line, Major: A main trunk line that carries electricity, telecommunications signals or
other similar items, and connects to one or more smaller lines that provide the service to specific
customers.

Transmission and receiving towers: Any structure used for the purpose of supporting one (1) or more
antennas or microwave dishes, including self-supporting lattice towers, guy towers, or pole towers. The
term includes radio, television and telephone transmission towers, alternative antenna support structures
such as buildings and rooftops, and other existing support structures, including monopoles. Additional
definitions include:

(1) Alternative Tower Structure: Man-made trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or conceal the presence of
antennas or towers.
(2) Antenna: Any exterior apparatus designed for telephone, radio, or television
communications through the sending and/or receiving of electromagnetic waves, provided that
this definition shall not be interpreted to include an antenna that is designed to receive direct
broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less
in diameter; or an antenna that is designed to receive video programming services via multipoint
distribution services; including multi-channel, multipoint distribution services, instructional
television fixed services, and local multipoint distribution services, and that is one (1) meter or
less in diameter or diagonal measurement; or an antenna that is designed to receive television
broadcast signals.
(3) FAA: The Federal Aviation Administration.
(4) FCC: The Federal Communications Commission.
(5) Height: When referring to a tower or other structure, the distance measured from ground level to
the highest point on the tower or other structure, even if said highest point is an antenna.
(6) Telecommunication Facility: Any structure used for the purpose of supporting one (1) or more
antennas or microwave dishes, including self-supporting lattice towers, guy towers, or pole
towers. The term includes radio and television transmission towers, alternative antenna support
structures such as buildings and rooftops, and other existing support structures.
(a) Telecommunication Facility, Freestanding: A structure that stands alone for
the sole purpose of supporting antennas, dishes and other such
telecommunications equipment.

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 (b) Telecommunication Facility, Attached: A structure or building whose main
purpose is to support or house other uses, and to which antennas, dishes and other
such telecommunications equipment is attached so as to avoid constructing a
freestanding tower.

Travel Lane: Space specifically designated and reserved on the site for the movement of vehicular
traffic.

Travel Trailer: A mobile unit less than twenty-nine (29) feet in length and less than four thousand five
hundred (4,500) pounds in weight which is designated for temporary human habitation.

Treatment Plant: The central facility for treatment and purification of water or wastewater, as part of a
public water or sewer system owned and operated by the Town or other government entity, or by an
approved private operator to serve a community area.

Tree canopy; tree cover: Includes all areas of coverage by plant material exceeding five feet in height
and the extent of planted tree canopy at 10 or 20 years maturity, based upon the following published
reference:
Manual of Woody Landscape Plants: Their Identification, Ornamental Characteristics, Culture,
Propagation and Uses by Michael A. Dirr (or equivalent professional publication).

Tree, Canopy: A deciduous tree that normally exceeds thirty (30) feet in height at maturity, and is
shown on the list of species in Article 8 of this Ordinance.

Tree, Ornamental: A tree that normally does not exceed thirty (30) feet in height at maturity, and is
shown on the list of species in Article 8 of this Ordinance.

Tree Protection Zone: An area that is radial to the trunk of a tree in which no construction activity shall
occur. The tree protection zone shall be fifteen (15) feet from the trunk of the tree to be retained, or the
distance from the trunk to the dripline, whichever is greater. Where there are a group of trees or
woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.

Truck sales and service repair garages: A business which sells trucks and/or which provides repair and
maintenance services for trucks.

Use: Activity proposed for any portion or part of a parcel, tract, or lot.

Use, Accessory: (see Accessory Use).

U.S.G.S.: U.S. Geological Survey.

U.S.C. & G.S.: U.S. Coast and Geodetic Survey.

12 - 49 Updated December 2017XXX, 2018

Utility: (1) A system of facilities provided by any agency which, under public franchise or ownership, or
under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam,
communication, rail transportation, water, sewage collection, or other similar service; (2) A closely
regulated private enterprise with an exclusive franchise for providing a public service; (3) the component
parts of such facilities, including poles, wires, transformers, underground pipelines or conduits.
Treatment plants are defined as separate items.

Variance: A variance is a relaxation of the terms of the Zoning Ordinance where such variance will not
be contrary to the public interest and where, owing to conditions peculiar to the property and not the
result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary
and undue hardship.

Vending Machine: An automated device for the sale of goods, typically snacks, beverages and the like.

Vending Gallery: A building or structure containing multiple vending machines.

Veterinary Hospital: A place where animals or pets are given medical or surgical treatment and the
boarding of animals is limited to short-term care incidental to the hospital use.

Video Game Gallery: (see Amusement Arcade)

Visitor Center: A facility established for the purpose of disseminating information about the Town,
County of Fauquier or the region. The facility may provide an interpretative area, and small auditorium
for visitors or tourists.

Warehouse: A building used primarily for the storage of goods and materials.

Wall: A structure which serves to enclose or subdivide a building, usually presenting a continuous
surface except where penetrated by doors, windows, and the like.

Wall, Retaining: A wall constructed to support soil or sub-surface structures.

Water Storage Tank: An enclosed structure used for the storage of water for distribution.

Water and Sewer Systems: (see Public water and sewer systems)

Wayside Stand, Roadside Stand, Wayside Market: Any structure or land used for the sale of
agricultural or horticultural produce, livestock, or merchandise produced by the owner or his family on
their farm.

Wholesale Establishments: A business and its premises where goods are sold on a bulk basis to
distributors and direct sales to the general public are limited. Wholesale establishments are also
characterized by the use of trucks for delivery or pick-up of goods sold.

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Woodland: An area comprising one (1) or more acres of wooded land where the largest trees have at
least a six (6) inch caliper, or a grove of trees forming one (1) canopy where ten (10) or more trees have at
least eight (8) inch calipers.

Yard: An open space on a lot other than a court, unoccupied and unobstructed from the ground upward,
except as otherwise provided herein.

Yard, Front: An open space on the same lot as a building between the nearest front line of the building
(exclusive of steps) and the front lot or street line, and extending across the full width of the lot.

Yard, Rear: An open unoccupied space on the same lot as a building between the nearest rear line of the
building (exclusive of steps) and the rear line of the lot, and extending the full width of the lot.

Yard, Sale: Use of the premises of a residential dwelling for general sales of a temporary nature, open to
the public with the purpose of disposing of personal, family, or household goods or articles. The term
yard sale includes but is not limited to activities known as garage sales, porch sales, backyard sales, and
moving sales.

Yard, Side: An open unoccupied space on the same lot as a building between the nearest side line of the
building (exclusive of steps) and the side line of the lot, and extending from the front yard line to the rear
yard line.

Zero Lot Line: The location of a building on a lot in such a manner that one (1) or more of the building's
sides rests directly on a lot line. The side(s) of the building resting on the line typically does not include
windows.

Zoning Administrator: A Town employee designated to serve in this capacity by the Town Manager.

Zoning Ordinance: The Zoning Ordinance of the Town of Warrenton, Virginia.

12 - 51 Updated December 2017XXX, 2018

 Article 12 Definitions
Amended by Town Council: February 12, 2013
June 14, 2016
August 9, 2016
XXX, 2018

For the purpose of this Ordinance, certain words and terms are used in a limited or special sense as
defined herein. Words used in the present tense include the future; the singular number includes plural
and the plural singular; the word "structure" includes "building"; the word "used" includes arranges,
designed, constructed, altered, converted, rented, leased, or intended to be used; and the word "shall" is
mandatory and directory.

Any word, term or phrase used in this ordinance not defined below shall have the meaning ascribed to the
word in the most recent edition of Webster’s Unabridged Dictionary, unless in the opinion of the Zoning
Administrator, established customs or practices of the Town of Warrenton justify a different or additional
meaning.

A|B|C|D|E|F|G|H|I|J|K|L|M|N|O|P|R|S|T|U|V|W|Y|Z

Abutting: Having a common border with, or being separated from such a common border by a
right-of-way, alley, or easement.

Abandoned Motor Vehicle: A motor vehicle, trailer, or semi-trailer or part of a motor vehicle, trailer, or
semi-trailer that is inoperable and is left unattended on public property, other than an interstate highway
or primary highway, for more than forty-eight hours.

Accent: Giving prominence to one or more elements of site design.

Accessory building: (see Accessory Structure)

Accessory Dwelling Unit: A subordinate dwelling unit in a main building or accessory building for use
as a complete, independent living facility with provision within the accessory dwelling for cooking,
eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main dwelling.

Accessory Structure: A subordinate structure customarily incidental to and located upon the same lot
occupied by the main use or building, including, but not limited to, private garage, carport, parking space
other than for residential, swimming pool, tennis court, storage or utility building, decks, balconies,
porticos, porches, temporary healthcare structures, and living quarters for household employees or
caretakers. Accessory structures can be attached or detached, depending upon their use and construction.

Accessory Use: A use clearly incidental and subordinate to, and on the same lot as, a principal use. (also
see Accessory Dwelling Units; Home Occupation).

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Acre: A unit of land measure containing 43,560 square feet.

Acreage: A parcel of land, regardless of area, described by metes and bounds which is not a numbered
lot on any recorded subdivision plat.

Active Recreation: (see Recreation, Active)

Active Recreation Area or Facilities: (see Recreation Area or Facilities, Active)

Administrator or Agent: (see Zoning Administrator).

Agriculture: The tilling of the soil, the raising of crops, non-intensive livestock, horticulture, and
forestry, but not including any agricultural industry or business, such as packing plants, dairies, mills,
kennels, commercial stables, intensive agriculture as defined herein, or similar uses.

Agriculture, intensive: The raising, breeding and keeping of animals in concentrated, confined
conditions, which may include such operations as swine, veal, sheep; houses and pens for poultry or other
fowl; feed lots for beef, dairy cattle, swine, sheep and other animals; livestock markets and pet farms.

Agricultural pen: (see Animal Kennel)

Alley: A permanent service way, with a minimum width of twenty (20) feet, providing a secondary
means of vehicular access to an abutting property, and not intended for general traffic circulation.

Alteration: Any change, addition, or modification in the total floor area, use, adaptability, or external
appearance of an existing structure.

Amusement Arcade: A building or part of a building in which five or more pinball machines,
videogames, or other similar player-operated amusement devices are maintained.

Animal Hospital or Clinic: Establishment where treatment is received and no activity is conducted
outside the main building. Kennels are not by definition included.

Animal Kennel: An establishment licensed to operate a facility housing dogs, cats, or other household
pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.

Animal Kennel, Private: Any building, buildings, or land designed or arranged for the care of more than
three dogs or more than three cats belonging to the owner of the principal use, kept for the purposes of
show, hunting, or as pets.

Apartment House: A residential building located on a single lot used or intended to be used as the
residence of three (3) or more families living independently of each other, typically sharing a common

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entrance and hallway for access to individual units, not including row or townhouses (also see Dwelling:
Multifamily).

Apartment: A single dwelling unit typically sharing a common entrance and hallway for access within
an Apartment House or within a larger, mostly non-residential structure.

Applicant-Owner: An individual, corporation, proprietor, trust, trustee, joint venture, partnership, or

other entity having legal title to any tract of land or parcel of land to be developed, whether or not they
have given their power of attorney to one of their group, or another individual or entity to act on their
behalf in planning, negotiation, or in representing or executing the requirements of the ordinances of the
Town of Warrenton.

Appraiser: A person who earns his livelihood from the appraisal of real property, as contrasted with the
selling of property, and who meets the standards for membership in the American Institute of Real Estate
Appraisers.

Arborist or "urban forester": a person trained in arboriculture, forestry, landscape architecture,

horticulture, or related fields and experienced in the conservation and preservation of native and
ornamental trees.

Arborist, Certified: An arborist who is certified by the International Society of Arboriculture.

Architect: A person who is recognized by the Commonwealth of Virginia and who is registered with the
State Department of Professional and Occupational Registration, or registered with a like body in another
state, as a licensed architect.

Architectural Unit: A visually distinct mass that is part of a larger structure or a collection of structures
and is either near the other structures or may be attached by a smaller enclosed structural element such as
a gallery, an arcade or other such element.

Area, Gross Leasable: Inside square footage of a building including retail, wholesale, and storage space,
exclusive of halls, closets, elevator shafts, toilets, etc., and any outside display.

Assembly Hall: A building or part of a building intended and designed for the conduct of meetings,
presentations, and the like.

Assisted Living Facility: A place, establishment, or institution, operated for the maintenance or care of
four or more adults who are aged, infirm, or disabled and who are cared for in a primarily residential
setting, in accord with § 63.2-100 of the Code of Virginia. The level of service provided for these adults
shall include at least moderate assistance with the activities of daily living.

Atrium House: A one-story, single-family, attached dwelling shaped to surround or partly surround a
private open space called an atrium, it being a type of townhouse unit (also see Townhouse).

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Attached Accessory Structure: An attached subordinate structure customarily incidental to and located
upon the same lot occupied by the main use or building, including but not limited to a private garage,
carport, balcony and deck.

Automobile body shop: A business limited to the repair and reconstruction of the exterior shells of
automobiles and light trucks, including sanding, painting, and refinishing; but may also include frame,
engine and other mechanical work in the repair of a vehicle.

Automobile Graveyard: Any lot or place which is exposed to the weather upon which more than five
inoperable motor vehicles of any kind, are placed.

Automobile Sales: On-site sales, conducted on a regular or ongoing basis as a commercial enterprise,
either retail or wholesale , of automobiles and/or light trucks and vans, but not heavy trucks or equipment.

Banks and Savings and Loan Offices: The retail offices of financial services institutions providing
walk-in service to customers. Drive-through facilities are a separately designated and regulated
component.

Basement: 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 by other than a janitor employed on the premises.

Bed and Breakfast Facility: A private residence, or portion thereof, where short-term lodging is
provided for compensation (no longer than 14 consecutive days) and meals may be provided, to guests
only. The operator of the facility shall live on the premises or in an adjacent premises on the same lot.
Up to four (4) guest rooms without cooking facilities may be provided. [also see Tourist Home; also see
Inn]

Bedroom: A room in a dwelling unit planned and intended for sleeping, separable from other rooms by a
door.

Berm: A continuous bank of earth designed and placed to block or partially obscure elements of a site
(such as a parking area) or of a building (such as a loading dock). Berms typically range in height from
two (2) to six (6) feet, with width-to-height ratios of from 2:1 to 5:1. Berms are often used in
combination with shrubbery and trees.

Block: That land abutting on one side of a street extending to the rear lot lines (or, for parcels of land
extending through to another street, to a line midway between the two streets) and lying between the
nearest intersecting and intercepting streets and boundary of any railroad right-of-way, park, school
ground, or unsubdivided acreage or center line of any drainage channel twenty (20) or more feet in width.

12 - 4 Updated XXX, 2018

Boardinghouse: A building that is the primary residence of the owner where meals and lodging are
provided, for compensation, on a permanent basis for up to ten (10) individuals not related by blood,
marriage, or adoption to the owner.

Broadcasting Station: The studios and/or facilities for radio or television broadcasting.

Buffer, Buffer Yard: A landscaped area intended to separate and partially obstruct the view of two (2)
adjacent land uses or properties from one another or from the roadway or to block noise or other
nuisances; land areas reserved for the purpose of providing screening and separation from adjacent,
different land uses.

Building: A structure having one (1) or more stories and a roof, designed primarily for support and
shelter of persons, animals, or property of any kind. When a structure is divided into separate parts by
fire walls, each having separate plumbing, electrical, heating, drainage, and ventilation, each part so
divided shall be deemed a separate structure.

Building Area: The area of the horizontal section of the buildings taken at their greatest outside
dimensions on the ground floor including all attached structures and covered porches.

Building, Governmental: Any building owned by, operated by and/or leased to a government agency,
except utilities, which are defined separately.

Building, Height of: The vertical distance measured from the level of the curb or the established curb
grade opposite the middle of the front of the structure to the highest point of the roof if a flat roof; to the
deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip, or
gambrel roof. For buildings set back more than ten (10) feet from the street line, the height shall be
measured from the average elevation of the ground surface along the front of the building.

Building Line: The line which establishes the distance of a structure from any lot boundary line.

Building, Main: The principal structure or one of the principal buildings on a lot, or the building or one
of the principal buildings housing the principal use on the lot.

Building Official: The official appointed by the Town Manager to administer and enforce the Building
Code.

Building, Public: (see Building, Governmental)

Business and Professional Office: A building or portion of a building wherein services are performed
involving predominantly administrative, professional, or clerical operations.

Business and office supply establishments: Retail or wholesale distribution of office materials, goods
and small equipment.

12 - 5 Updated XXX, 2018

C – District (Commercial District): Any zoning district beginning with "C", and predominantly
providing for commercial uses.

Cabinet, upholstery, and furniture shops: A business limited to the production, repair or refinishing of
cabinets, furniture and related household items.

Cable television facilities: Offices, studios and other facilities of a cable television business.

Cafeteria: A commercial eating facility in which patrons choose food items along a self-service line
rather than through table service.

Cafeteria Truck: a vehicle or cart primarily offering delivery and/or self-service of pre-packaged or
prepared foods, not cooked to order or prepared on-site. This type of vendor must obtain an itinerant
merchant license from the Town Manager.

Caliper: A measurement of the diameter of a tree trunk taken at four and one-half feet above the soil
line. Also known as diameter at breast height (DBH).

Canopy: A roof structure that covers an open-air space, such as the roof of a detached carport or the roof
that covers gasoline pump islands.

Capital Improvement Plan: A plan outlining the nature, location, costs, funding, and timing of future
capital expenditures for community facilities such as streets, sidewalks, drainage facilities, water and
wastewater lines and treatment facilities, parks, public buildings, and required property.

Car Port: A structure attached to a dwelling unit, open on at least one (1) side, designed for the parking
and storage of vehicles by the residents of the dwelling and their guests.

Car Wash: A building or area of land that provides facilities for washing and cleaning motor vehicles,
which may use production line methods with a conveyor, blower, or other mechanical devices, and which
may employ some hand labor.

Car wash, Self-service: A building or area of land that provides facilities for patrons to wash and
cleaning their motor vehicles by hand and/or with light equipment such as hoses and vacuums.

Caregiver: An adult who provides care for a mentally or physically impaired person within the
Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally
appointed guardian of the mentally or physically impaired person for whom he is caring.

Carnival: An amusement show, usually traveling from place to place, containing rides, side shows, and
other forms of entertainment.

Cellar: A story having more than one-half of the height below grade.

12 - 6 Updated XXX, 2018

Cemetery: A place where lots are sold for the burial of the dead.

Centerline: The midpoint of the width of a highway or right-of-way.

Child: Any person under eighteen (18) years of age.

Child Care Center: A facility operated for the purpose of providing care, protection, and guidance to a
group of four (4) or more children separated from their parents or guardians during part of the day only,
and meeting the licensing requirements for child care centers of Section 63.1-196 of the Code of Virginia,
1950, as amended.

Church (or place of religious worship): A building or structure, or group of buildings or structures,
which by design and construction are primarily intended for activities that people regularly attend to
participate in or hold religious services, meetings, and other activities. The term "church" shall not carry
a secular connotation and shall include buildings in which religious services of any denomination are
held.

Civic Group: A non-profit group or organization which meets regularly in the Town or which has
"Warrenton" or a Town location in its name, and which has demonstrated service to the Town, in the
determination of the Zoning Administrator. (also see “non-profit organization”)

Clear-cutting: The indiscriminate removal of trees, shrubs, or undergrowth with the intention of
preparing real property for nonagricultural development purposes. This definition does not include the
selective removal of non-native tree and shrub species when the soil is left relatively undisturbed;
removal of dead trees and shrubs; or normal mowing operations.

Cleaning and Pressing Shop: (see Laundry)

Clerk: The Clerk of the Circuit Court of Fauquier County having jurisdiction in the Town of Warrenton.

Clinic: A building designed and used for the diagnosis and treatment of human patients that does not
include overnight care facilities. This definition includes a group practice in which several licensed
medical, dental or health care professionals work cooperatively.

Club: Buildings and/or facilities owned and operated by a corporation, association, or persons, which
serves as a gathering place for a group of individuals organized for a common purpose to pursue common
goals, interests, or activities and characterized by certain membership qualifications, payment of fees and
dues, regular meetings, and a constitution and by-laws.

Club, Swim or Tennis: A private club with swimming and/or tennis facilities, indoor or outdoor.

12 - 7 Updated XXX, 2018

Cluster Development: A residential development design technique that concentrates buildings in
specific areas on a site to allow the remaining land to be used for recreation, common open space, and
preservation of environmentally sensitive areas or historic and cultural resources.

Coherence: Logically consistent arrangement of interdependent elements of a site plan or architectural

design.
Commercial Nurseries and Greenhouses: An area or establishment for the propagation, growing, or
selling of nursery stock for gardens, grounds, and yards. Such stock may include trees, plants, shrubs,
and vines. Landscape contracting of nursery stock shall be permitted as a use.

Commercial Recreation, Indoor: Any enclosed or semi-enclosed establishment operated as a

commercial enterprise (open to the public for a fee) for the following activities: games and athletics,
bowling, billiards or pool, darts, bingo, slot cars, hard and soft courts, miniature golf, golf driving nets,
cultural activities, martial arts, archery, roller or ice skating, skateboarding, swimming, and activities
incidental to the foregoing.

Commercial Recreation, Outdoor: Any outdoor establishment operated as a commercial enterprise

(open to the public for a fee) for the following activities: games and athletics, batting and pitching cages,
darts, hard and soft courts, miniature golf, radio-controlled vehicles and airplanes, pony rides, waterslides,
cultural activities, martial arts, archery, camping, roller or ice skating rinks, skateboarding, picnicking,
boating, fishing, swimming, golf driving ranges, and activities incidental to the foregoing, but not
including amusement rides, amusement parks, theme parks or motor vehicle race tracks.

Commercial Use: An occupation, employment, or enterprise that is carried on for profit by the owner,
lessee, or licensee.

Commission, the: The Planning Commission of Warrenton, Virginia.

Communications Towers: (see Transmission and Receiving Towers)

Community Building: A building and associated facilities and area, usually owned by a public nonprofit
group or agency, used for and providing fraternal, social, and/or recreational programs generally open to
the public and designed to accommodate and serve significant segments of the community.

Comprehensive Plan: Maps, charts, and descriptive matter officially adopted by the Warrenton Town
Council showing, among other things, recommendations for the most appropriate use of land; for the most
desirable density of population; for a system of thoroughfares, parkways and recreation areas; for the
general location and extent of facilities for water and sewer; and for the general location, character and
extent of community facilities.

Complex: A grouping of buildings or architectural elements on a single site or tract.

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Condominium: A building or group of buildings in which units are owned individually and the
structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

Conference Center: A facility designed for conducting large or small group meetings. Such facilities
may include overnight accommodations or short term lodging (not longer than fourteen (14) consecutive
days), food preparation and service, entertainment, social or charitable events, and recreational facilities.

Conservation Easement: An easement granting a right or interest in real property that is appropriate to
retaining land or water areas and their structures in their built, natural, scenic, open, or wooded condition,
or for the purpose of maintaining existing land uses.

Construction Standards: Specifications and standards as adopted by or applicable in the Town of

Warrenton relating to the construction of all physical improvements.

Convalescent Home: (see Nursing Home).

Convenience Retail: Any retail establishment offering for sale prepackaged food products, household
items, and other goods commonly associated with the same and having a gross floor area of less than five
thousand (5,000) square feet.

Convenience store: (see Convenience Retail)

Council: The Town Council of Warrenton, Virginia.

Covenant: A formal agreement of legal validity between two (2) or more parties outlining restrictions,
rights, or responsibilities concerning the use of property or structures.

Crematory: A building containing a furnace for reducing dead bodies, either animal or human, to ashes
by burning.

Critical Root Zone (CRZ): An area which must be preserved in order to ensure protection and survival
of a tree; a minimum of one foot per inch of caliper (defined herein as the diameter at breast height).

Cul-de-sac: A street with only one (1) outlet having an appropriate turn-around area for a safe and
convenient reverse of traffic movement.

Dairy: A commercial establishment for the manufacture and sale of dairy products.

Day Care Center: (see Child Care Center and Family Day Care Home).

Deciduous: Any tree or shrub that loses its leaves during the winter season.

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Deck: An exterior, roofless, floor system supported on at least two opposing sides by an adjoining
dwelling/structure and/or posts, piers or other independent supports.

Density: The number of dwelling units per acre of land.

Density Bonus: An additional increment of density allowable on a site in return for a specified public
good, as provided in this ordinance.

Density, Gross: The number of dwelling units per gross acre of land on the site or lot.

Density, Net: The number of dwelling units per net acre of land (gross site or lot area less floodplain,
steep slopes and other unbuildable areas).

Detention Facility: A facility which serves the purpose of collecting and retaining rainfall falling on a
site for controlled release to primary storm water management facilities as a result of land alteration
activities.

Developer or Subdivider: An individual, corporation, proprietor, trust, trustee, joint venture,

partnership, or other entity having legal title to any tract of land or parcel of land to be developed,
whether or not they have given their power of attorney to one of their group, or another individual or
entity to act on their behalf in planning, negotiation, or in representing or executing the requirements of
the ordinances of the Town of Warrenton.

Development: Any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling,
grading, excavation, mining, dredging, or drilling operations.

District: A section of the Town of Warrenton within which the zoning regulations are uniform; Zoning
District.

District, Base: A type of Zoning District established in this ordinance that specifies allowable land uses
and development intensities and requires a generally uniform group of land uses and lot requirements and
does not require a concept development plan in advance of zoning approval.

District, Regular: (see Base District)

District, Overlay: A type of Zoning District established in this ordinance that may be mapped for a
particular land area and functions as an additional set of zoning requirements in addition to the zoning
requirements of the underlying base district that applies to the tract.

District, Special: (see District, Overlay)

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Drive-In Facility (same as “Drive-Through”): Any portion of a building or structure from which
customers can receive a service or obtain a product while in their motor vehicle.

Driveway or Accessway: That space specifically designated and reserved on the site for movement of
vehicles from one location to another on site or from the site to a public street.

Drug Store: A retail establishment offering a variety of consumer goods with a licensed pharmacist on
staff for the purpose of dispensing prescription drugs.

Dustless Surface: A surface adequately covered in accordance with good construction practice, with a
minimum of either two (2) applications of bituminous surface treatment concrete, or bituminous concrete
approved by the Town, and to be maintained in good condition at all times.

Dwelling: Any structure, or portion thereof, which is designed for generally permanent residential
purposes, not including hotels, boardinghouses, lodging houses, tourist cabins, or automobile trailers (also
see “dwelling unit”).

Dwelling, Accessory: (see Accessory Dwelling Unit).

Dwelling, Duplex (two-family): Two (2) single-family attached dwellings.

Dwelling, Elderly and Handicapped: A building or portion thereof containing at least ten (10) dwelling
units and within which at least ninety (90) percent of all dwelling units are occupied by or designed for
occupancy by:

(a) Families of two or more persons the head of which (or his or her spouse) is 55 years of age or
over or is handicapped; or
(b) The surviving member or members of any family described in paragraph (a) living in a unit
within the building with the deceased member of the family at the time of his or her death; or
(c) A single person who is 55 years of age or over, or a non-elderly handicapped person between the
ages of 18 and 55; or
(d) Two (2) or more elderly or handicapped persons living together, or one or more such persons
living with another person who is determined by a licensed physician's certification to be
essential to their care or well-being.

For the purpose of this definition Handicapped Person means any adult having an impairment which is
expected to be of an indefinite duration, is a substantial impediment to his or her ability to live
independently, and is of a nature that such ability could be improved by more suitable housing conditions.
A person also shall be considered handicapped if he or she is developmentally disabled, i.e., if he or she
has a disability attributable to mental retardation, cerebral palsy, epilepsy, or another neurological
condition closely related to mental retardation or to require treatment similar to that required for mentally
retarded individuals, which disability originates before such individual attains age eighteen, which
constitutes a substantial handicap to such individual.

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Dwelling, Four-Family: A residential structure, occupying one lot, arranged or designed to be occupied
by four (4) families living independently of each other, generally with separate entrances for each
dwelling unit and common open space surrounding the structure.

Dwelling, Live-Work Unit: A residential structure, occupying one lot, with home business quarters on
the ground floor and occupant residential quarters on the upper floor or floors.

Dwelling, Mixed Commercial Use: A dwelling unit in a structure that is also designed and used for
commercial purposes. Access to the dwelling unit is separate from access to areas used for commercial
purposes and the unit is typically located in basements or upper stories with commercial uses occurring at
the street level of the structure.

Dwelling, Mobile Home:

Manufactured homes are also commonly referred to as “mobile homes” and differ from Modular Homes
as defined herein, in that they do not necessarily comply with BOCA or Virginia Uniform Statewide
Building Code standards. Three types are defined herein as follows:

Mobile (Manufactured) Home, Type A: A multi-sectional manufactured home (“doublewide”)

constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and
Safety Standards, promulgated by the U.S. Department of Housing and Urban Development.

Mobile (Manufactured) Home, Type B: A traditional single manufactured home (“singlewide”)

constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and
Safety Standards, promulgated by the U.S. Department of Housing and Urban Development.

Mobile (Manufactured) Home, Type C: Any manufactured home (“mobile home”) constructed
before July 1, 1976 and which consequently does not meet the criteria of a Type A or Type B
manufactured home as defined herein.

Dwelling, Modular: A dwelling unit constructed through use of large, prefabricated, mass-produced,
partially pre-assembled sections or modules which are subsequently put together on-site on a permanent
foundation, and which meets the BOCA and Virginia Uniform Statewide Building Code standards.

Dwelling, Multifamily: A residential structure arranged or designed to be occupied by more than one (1)
family living independently of each other, the structure having more than two (2) dwelling units and
generally 5+having a common entrance or hallway providing access to dwelling units.

Dwelling, Single-Family, Attached: One (1) of two (2) or more residential buildings having a common
party wall separating dwelling units, each dwelling unit occupying a separate lot.

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Dwelling, Single-Family, Detached: A structure arranged or designed to be occupied by one (1) family,
the structure having only one (1) dwelling unit.

Dwelling, Three-Family: A residential structure, occupying one (1) lot, arranged or designed to be
occupied by three (3) families living independently of each other, generally with separate entrances for
each dwelling unit and common open space surrounding the structure.

Dwelling, Triplex: A group of three (3) townhouse units.

Dwelling, Townhouse: A dwelling unit, occupying one(1) lot, attached by means of a common vertical
wall or walls, extending from the floor of the basement to the roof, to a series of similar dwelling units,
each of which has individual access from the outdoors and each of which normally consists of two (2) or
three (3) stories, situated on one (1) lot. The term "townhouse" is inclusive of the terms "atrium house"
and "patio house."

Dwelling, Two-Family: A single structure arranged or designed to be occupied by two (2) families
living independently of each other, with separate entrances for each dwelling unit and common open
space surrounding the structure.

Dwelling, Quadriplex: A group of four (4) townhouse units.

Dwelling Unit: One (1) or more rooms connected together in a structure designed for occupancy as a
separate living quarters, for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and
physically separated from any other rooms or dwelling units which may be in the same structure, and
containing independent cooking, sleeping, and sanitary facilities within the unit.

Easement: A grant of one (1) or more of the property rights by the owner to, or for the use by, the
public, a corporation, or another person or entity.

Emergency Housing: The housing is designated to provide emergency housing for a maximum of sixty
(60) days. Emergency housing and related counseling services shall be provided by a Fauquier
County/Town of Warrenton recognized human service organization. A house coordinator must reside on
the premises, and a substitute house coordinator shall be on the premises if the house coordinator is away
from the residence for more than one day.

Employment service or agency: A public, non-profit or for-profit agency or business that provides
assistance in matching prospective employees with employers.

Engineer: A person who is recognized by the Commonwealth of Virginia and who is registered with the
State Department of Professional and Occupational Registration, or registered with a like body in another
state, as a "professional engineer."

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Erosion and Sediment Control Definitions (reference Town’s Erosion and Sediment Control
Ordinance):

Applicant: 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.

Approved Plan: That plan approved by the Planning Director, by the issuance of a land disturbing
activity permit, which plan carries the permittee's proposed methodology for controlling erosion,
sedimentation, and storm water runoff resulting from the proposed land disturbing activity.

Board: The Virginia Soil and Water Conservation Board.

Certified Inspector: Employees of the Town of Warrenton charged with on-site inspection of
erosion and sediment control devices employed via this Article and who (i) hold a certificate of
competence from the Board in the area of project inspection or (ii) is enrolled in the Board's
training program for project inspection and successfully completes such program within one year
after enrollment.

Certified Program Administrator: The Town’s Building Official.

Clearing: Any activity which removes the vegetative ground cover, including but not limited to
the removal of vegetation, root mat removal, and/or topsoil removal.

Conservation Plan, Erosion and Sediment Control Plan, or Plan: A document containing material
for the conservation of soil and water resources of a unit or group of units of land. It may include
appropriate maps, an appropriate soil and water plan inventory and management information with
needed interpretations, and a record of decisions contributing to conservation treatment. The plan
shall contain all major conservation decisions to assure that the entire unit or units of land will be
so treated to achieve the conservation objectives.

District, or John Marshall Soil and Water Conservation District: A political subdivision of this
Commonwealth organized in accordance with the provisions of Chapter 1, Section 21-1 et seq., of
Title 21 of the Code of Virginia, 1950, as amended.

Erosion: The disintegration, detachment, carrying away, or wearing away of land surface by
running water, wind, and/or other natural agents.

Erosion Impact Area: An area of land not associated with current land disturbing 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 ten thousand
(10,000) square feet or less used for residential purposes.

Excavating: Any digging, scooping, or other method of removing earth materials.

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Filling: Any depositing or stockpiling or earth materials.

Governing Body: The Town Council of Warrenton, Virginia.

Grading: Any excavating or filling of earth materials or any combination thereof, including the
land in its excavated or filled condition.

Land Disturbing Activity: 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. The term shall
not include those activities identified in Section 4-6, Exceptions.

Land Disturbance Permit: A permit issued by the Town for clearing, filling, excavating, or
transporting of soil, or any combination thereof.

Local Erosion and Sediment Control Program, or Local Control Program: An outline of the
various methods employed by a district or locality 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: 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: The person to whom the permit authorizing land-disturbing activities is issued or the
person who certifies the approved erosion and sediment control plan will be followed.

Person: Any individual, partnership, form, association, joint venture, public 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: The Board, the Town of Warrenton, or the Zoning Administrator of the
Town of Warrenton responsible for determining the adequacy of a conservation plan submitted for
land-disturbing activities on a unit(s) of land and for approving plans.

Sediment: Solid material, both mineral and organic, that is in suspension, is being transported, or
has been moved from its site or origin by air, water, gravity, or ice and has come to rest on the
earth's surface, either above or below sea level.

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 State Erosion and Sediment Control Program, or State Program: The program administered by
the Virginia Soil and Water Conservation Board pursuant to Article 4, Chapter 5, Title 10.1 of the
Code of Virginia, 1950, as amended, including regulations designed to minimize erosion and
sedimentation.

State Waters: All waters on the surface and under the ground wholly or partially within or
bordering the Commonwealth or within its jurisdiction.

Town: The Town of Warrenton, Virginia, a municipal corporation.

Transporting: Any moving of earth materials from one place to another, other than such
movement incidental to grading, when such movement results in destroying the vegetative ground
cover, either by tracking or by 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.

External Relationships: Those associations pertaining to off-site considerations. (also see Internal
Relationships)

Evergreen: A coniferous or other plant that retains it leaves or needles in all seasons.

Facilities: Something designed, built, installed, etc., to serve a specific function affording a convenience,
use or service to the users.

Fair: a temporary, mainly outdoor, public celebratory event, including festivals, which may include
musical or theatrical entertainment, display and/or sale of crafts, food and the like.

Fairgrounds, showgrounds, or exhibition center: A site which is used for temporary, regular
exhibitions, displays, contests and the like.

Family: One (1) or more persons occupying a dwelling unit and living and cooking together as a single,
nonprofit, housekeeping unit, provided that not more than four (4) persons not related by blood, marriage,
adoption, or guardianship shall constitute a family unless such group is composed of handicapped persons
as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act of 1988 and all subsequent amendments. Such unrelated handicapped individuals shall have the right
to occupy a dwelling unit in the same manner and extent as any family unit established through kinship as
defined above.

Family Care Home: A private single-family home in which more than three (3) children, but no more
than six (6) children, are received for care, protection, and guidance during only part of the day, except
children who are related by blood or marriage to the person who maintains the home, and meeting
applicable licensing requirements for family care homes of § 63.1-196 of the Code of Virginia, 1950, as
amended.

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Farmer's Market: A place where locally grown produce and goods are sold on a temporary or seasonal
basis to the general public, not including wholesale or bulk sales to commercial enterprises or the sale of
crafts, household items, or other nonagricultural items.

Farm equipment, motorcycle, boat, and sport trailer sales and service: On-site sales and service,
either retail or wholesale, of farm equipment, motorcycle, boat, and sport trailers.

Fence: Any artificially constructed barrier of any material or combination of materials erected to enclose,
partition, or screen areas of land.

Flag: A flexible banner, typically cloth or other light material, hung from a pole, tower, wall or other
upright structure, for the purpose of displaying a symbol or message.

Flex Industrial uses: Light industrial activities that occur in buildings of no more than two stories in
height, with one or more loading docks, and not more than half of the gross floor area used for offices.

Floodplain Definitions (reference Floodplain District):

Base Flood/One Hundred-Year Flood: A flood that, on the average, is likely to occur once every
one hundred (100) years (i.e., that has a one (1) percent chance of occurring each year, although the
flood may occur in any year).

Existing Manufactured Home Park/Subdivision: A manufactured home park or subdivision for

which the construction of facilities for servicing the lots 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 pouring of concrete pads) is completed before the initial effective
date of these regulations.

Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional

sites by the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).

Flood: A general and temporary inundation of normally dry land areas.

Flood Fringe: All that land in a floodplain not lying within a delineated floodway and subject to
inundation by relatively low velocity flows and shallow water depths.

Flood Hazard District: The area subject to inundation by waters on the 100-year flood, which is
the flood that has a one (1) percent chance of being equaled or exceeded in any given year, as
defined by the Federal Emergency Management Agency.

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Floodplain: 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.

Flood-Prone Area: Any land area susceptible to being inundated by water from any source.

Floodproofing: The protection of structures and public utility systems from damage caused by
inundation or seepage of flood waters.

Floodway: The floodway is the channel of a stream plus any adjacent flood plain areas that must
be kept free of encroachment in order that the 100-year flood can be discharged without
cumulatively increasing the water surface elevation more than one foot at any point.

Historic Structure: Any structure that is a) listed individually in the National Register of Historic
Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register; b) certified or preliminarily 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 to qualify as a registered historic district; c)
individually listed on the Virginia Landmarks Register; or d) individually listed on the local
inventory of historic places, provided that the Warrenton preservation program has been certified
by the Department of Historic Resources and/or the Secretary of the Interior.

Manufactured Home Park/Subdivision: A parcel, or contiguous parcels, of land divided into two
(2) or more lots, for rent or sale, intended for the placement of a manufactured home.

New Construction: For the purpose of determining insurance rates, structures for which the “start
of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map
(FIRM) or after December 31, 1974, whichever is later, 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 this Article and
includes any subsequent improvements to such structures.

New Manufactured Home Park/Subdivision: A manufactured home park or subdivision for which
the construction of facilities for servicing the lots 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 pouring of concrete pads) is completed on or after the initial effective date
of these regulations.

Recreational Vehicle: A vehicle which is a) built on a single chassis; b) four hundred (400) square
feet or less when measured at the largest horizontal projection; c) designed to be self-propelled or
permanently towable by a light duty truck; and d) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

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 Start of Construction: The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was
within one hundred eighty (180) days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of 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 erections 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 substantial improvement, the actual start of
construction means the first alteration on any wall, ceiling, floor, or other structural part of a
building, whether or not the alteration affects the external dimensions of the building.

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring
the structure to it before damaged condition would equal or exceed fifty (50) percent of the market
value of the structure before damage occurred.

Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a

structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure
before the “start of construction” of the improvement. This term includes structures which have
incurred “substantial damage” regardless of the actual repair work performed. The term 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 assure safe living
conditions, or 2) any alteration of a “historic structure”, provided that the alteration will not
preclude the structures continued designation as a “historic structure.”

Floor Area, gross: The sum of the total horizontal areas of all floors of a structure on a lot, measured
from the interior faces of exterior walls, including basements, elevator shafts, stairwells at each story,
enclosed porches or atriums, interior balconies or mezzanines, and attics with headroom of six (6) feet,
six (6) inches or greater. This definition does not include floor space not used for human habitation or
suitable for temporary storage of merchandise or equipment such as areas designed for heating and
ventilating equipment, cellars or outside balconies which do not project more than six (6) feet from the
exterior wall, off-street parking structure, rooftop mechanical structures or penthouses, or areas with less
than six (6) feet, six (6) inches or more of structural headroom.

The term “floor area” shall include basements, elevator shafts and stairwells at each story, floor space for
mechanical equipment with headroom of seven feet or more, attic space, interior balconies and
mezzanines.

The term gross floor area shall not include cellars or outside balconies which do not exceed a projection
of six feet beyond the exterior walls of the building.

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Parking structures and rooftop mechanical structures are excluded from gross floor area.

The gross floor area of structures devoted to bulk storage of materials including, but not limited to, grain
elevators and petroleum storage tanks, shall be computed by counting each ten feet of height or fraction
thereof as being equal to one floor.

Floor Area, gross leasable: The total area designated for tenant occupancy and exclusive use in a
shopping center or commercial building, including storage, retail area, offices, shipping, basements,
mezzanines and upper floors, if any, expressed in square feet and measured from the center line of joint
partitions and from outside wall faces.

Floor Area, net: The sum of the total horizontal areas of the several floors of all buildings on a lot,
measured from the interior faces of exterior walls and from the centerline of walls separating two or more
buildings. The term “net floor area” shall include outdoor display areas for sale, rental and display of
vehicles, equipment and other products, but shall exclude areas designed for permanent uses such as
toilets, utility closets, enclosed parking areas, mechanical equipment rooms, public and fire corridors,
stairwells, elevators, escalators, and areas under a sloping ceiling where headroom in at least half of such
area is less than seven feet.
Footprint, building: (see Floorplate)

Floorplate: The horizontal land area occupied by a building at finished grade including projections and
overhangs (“footprint”).

Foster Home: A residence of any person in which one (1) or more children, other than a child by birth or
adoption of such person, resides as a member of the household.

Front: The edge of a lot or structure that abuts a street or way and ordinarily is regarded as the front of
the lot.

Front, to: When a building or structure faces or orients toward the front of a lot.

Frontage: That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; the
distance between the side lines of any lot as measured along a line, at the required setback distance from
the front lot line, generally paralleling the street upon which the lot fronts. 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 line, as defined and required herein.
On irregularly shaped lots that make such a measurable line impossible, the frontage shall be measured
along the line that can be drawn so as to best meet the intent of the above definition.

Frozen food lockers: Commercial facilities in which frozen foods are stored for wholesale distribution
or purposes.

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Funeral Home: A building or part thereof used for human funeral services. Such building may contain
space and facilities for the following: embalming and the performance of other services used in the
preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage
of caskets, funeral urns, and other related funeral supplies; and, the storage of funeral vehicles, but not
including facilities for cremation.

Garage, Private: Accessory building designed or used for the private storage of not more than three (3)
automobiles owned and used by the occupants of the building to which it is accessory, with no facilities
for mechanical service or repair of a commercial or public nature. On a lot occupied by a multiple-unit
dwelling, the private garage may be designed and used for the storage of twice as many automobiles as
there are dwelling units. A garage which is attached to the main dwelling structure shall be considered
part of that structure for purposes of setback, yard and height regulations.

Garage, Public: A building or portion thereof, other than a private garage, designed or used as a
business enterprise with a fee or service charge being paid to the owner for renting, selling, or storing
motor-driven vehicles.

Garage, Repair: Any building, premises, or land in which or upon which a business, service, or industry
involving the maintenance, servicing, repair, or painting of motor vehicles is conducted or rendered, such
services taking place within an enclosed building or screened from public view.

Garden Apartment: A dwelling unit situated within a structure consisting of no more than three (3)
stories with access to the dwelling units provided by means of an interior hallway or foyer, each dwelling
unit normally consisting of a portion of one (1) floor of the structure.

Gasoline Service Station: (see Service Station)

Geometric Design: Typical cross-sections used in street design.

Gift Shop: A building, or area within a building, comprising no more than 3,000 square feet that display
and sells merchandise at retail that is related to a historic person, place or event.

Golf Course: Any area of land, publicly or privately owned, on which the game of golf is played,
including accessory uses and buildings customary thereto, but excluding lighted golf driving ranges as
defined herein.

Golf Driving Range: A limited area on which golf players do not walk, but onto which they drive golf
balls from a central driving tee.

Governing Body: The Town Council of Warrenton, Virginia.

Governmental Buildings: (see Building, Governmental)

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Green: Land open to the general public for passive recreational use that contains lawns, shade trees
and/or landscaped areas. Paved pedestrian walkways and sitting areas may cover up to twenty-five
percent (25%) of the green. Greens may be publicly owned or owned in common by a property owners
association. Greens may but are not required to be square or rectangular in shape.

Grade: The average of the finished ground level at the center of all walls of a building. In the case
where walls are parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the
sidewalk.

Grain and feed supply stores: A business which sells grain, seed, feed and related agricultural products
on a wholesale basis, and may sell at retail as well.

Gross Floor Area: (see Floor Area, Gross)

Gross Leasable Space: (see Floor Area, Gross Leasable).

Group Home: A building which provides living accommodations for the physically or mentally
handicapped, children sixteen (16) years of age or younger, abused adults, or persons sixty-five
(65) years of age or older. The residents of such group homes shall be supervised by a resident or
nonresident staff persons in charge of their area.

Health Official; Health Officer: The health director or sanitarian of the County of Fauquier, Virginia,
or his designated agent.

Health or Fitness Facilities: An indoor establishment, which may include saunas and steambaths,
offering or providing facilities for and instruction in general health, physical fitness, and controlled
exercises such as weight lifting, calisthenics, and aerobic dancing.

Heliport: Any landing area used for the landing and taking off of helicopters for the purpose of picking
up or discharging of passengers or cargo, including fueling and emergency service facilities.

Heritage tree: any tree that has been individually designated by the local governing body to have
notable historic or cultural interest.

Highway Engineer: The engineer appointed by the Town Manager or designated state official serving
the local VDOT residency.

Historic District: An area containing buildings or places in which historic events occurred or having
special public value because of notable architectural or other features relating to the cultural or artistic
heritage of the community, of such significance as to warrant conservation and preservation, and
designated and/or mapped and adopted by the Town Council as an overlay district of the Zoning
Ordinance.

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Historic District Definitions (reference HD District):

1. Alteration: Any change, modification, or addition to a part of or all of the exterior of any
building or structure.
2. Building: Any enclosed or open structure which is a combination of materials to form a
construction for occupancy or use.
3. Building Official: The person appointed by the Town Manager as the individual who issues the
permit for the construction, alteration, reconstruction, repair, restoration, demolition, or razing of
all or part of any building.
4. Building Permit: An approval statement signed by the Building Permit Office authorizing the
construction, alteration, reconstruction, repair, restoration, demolition, or razing of all or a part of
any building.
5. Contributing Properties: Properties so designated on the inventory map of landmarks and
contributing properties which is adopted as a part of this Ordinance, being generally those
properties which by reason of form, materials, architectural details, and relation to surrounding
properties contribute favorably to the general character of the part of the Historic District in
which they are located but which by reason of recent age, lack of historic significance, or other
factors are not designated as historic landmarks under the criteria of this Ordinance.
6. Certificate of Appropriateness: The approval statement signed by the Chairman of the
Architectural Review Board which certifies the appropriateness of a particular request for the
construction, alteration, reconstruction, repair, restoration, demolition, or razing of all or a part of
any building within a historic district, subject to the issuance of all other regional permits needed
for the matter sought to be accomplished.
7. Demolition: The dismantling or tearing down of all or part of any building and all operations
incidental thereto.
8. Historic District: An area containing buildings or places in which historic events occurred or
having special public value because of notable architectural or other features relating to the
cultural or artistic heritage of the community, of such significance as to warrant conservation and
preservation.
9. Historic Landmark: Defined as any building or place listed in the National Register of Historic
Places, or in the Virginia Landmarks Register, or any building or place officially designated as a
landmark structure or place by the Town of Warrenton on the inventory map which is adopted as
a part of this Ordinance.
10. Reconstruction: Any or all work needed to remake or rebuild all or a part of any building to a
sound condition, but not necessarily of original materials.
11. Repairs: Any or all work involving the replacement of existing work with equivalent material for
the purpose of maintenance, but not including any addition, change, or modification in
construction.
12. Restoration: Any or all work connected with the returning to or restoring of a building, or a part
of any building, to its original condition through the use of original or nearly original materials.

Historic Shrine: (see Museum)

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Home Garden: A garden in a residential district for the production of vegetables, fruits, and flowers
generally for use and/or consumption by the occupants of the premises.

Home Business: Same as Home Occupation, except that a home business is permitted to have up to three
full-time equivalent employees who do not reside in the dwelling in addition to any family employees
who reside on the premises.
Home Occupation: Any occupation or activity conducted solely by a member of the family residing on
the premises which is incidental and secondary to the use of the premises for dwelling, and in general an
occupation where services are performed in such a way that visits to the premises by members of the
public are infrequent and that the character and intensity of the use is compatible with the quiet nature of
residential neighborhoods, provided that (a) not more than the equivalent area of one quarter (1/4) of the
total interior finished floor space of the dwelling shall be used for such purpose; (b) that such occupation
shall not require external or internal alterations, or the use of machinery or equipment not customary for
purely domestic household purposes; (c) that no commodity is stored or sold, except as are made on the
premises; (d) there shall be no group instruction, assembly or activity, or no display that will indicate
from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
When within the above requirement, a home occupation includes, but is not limited to the following: art
studio; dressmaking; home offices, teaching, with musical instruction limited two (2) pupils at a time.
However, a home occupation shall not be interpreted to include the conduct of barber shops and beauty
parlors, retail stores, nursing homes, medical offices, clinics, convalescent homes, rest homes, child care
centers, day care centers or nursery schools, restaurants, tea rooms, tourist homes, massage parlors or
similar establishments offering services to the general public.

Homeowners Association: A private nonprofit corporation of homeowners for the purpose of owning,
operating, improving and maintaining various common property and facilities.

Hospital: An institution primarily for human in-patient care for the sick or injured and including related
facilities such as laboratories, out-patient departments, training facilities, central services facilities, and
staff offices that are an integral part of the facilities, rendering medical, surgical, obstetrical, or
convalescent care, including nursing homes, homes for the aged, and sanatoriums.

Hospital, Special Care: A special care hospital shall mean an institution rendering care primarily for
mental or feeble-minded patients, alcoholics, or drug addicts.

Hotel: A facility offering transient lodging accommodations for ten or more individuals on a daily rate
and providing additional services, such as restaurants, meeting rooms, and recreational facilities (also see
Motel).

Housing, Emergency: (see Emergency Housing)

Household Pet Grooming: A commercial business limited to the routine grooming of household pets, as
defined herein, including bathing, hair cutting and similar functions. (also see Pet Grooming)

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Housekeeping Unit: (see Dwelling Unit)

Human Scale: The design and appearance of a building façade or group of facades such that a human
being perceives that the facades relate to the size of a human being and are not perceived to be
overwhelming, disorienting or intimating due to the apparent size.

I - District: A zoning district for industrial uses.

Ice cream truck: A vehicle primarily offering delivery and/or self-service of pre-packaged frozen
novelties or treats including ice cream, frozen yogurt, popsicles and similar fare. This type of vendor
must obtain an itinerant merchant license from the Town Manager.

Illustrative Material: Accompanying pictorial and written data.

Impervious Surface: A surface on previously undeveloped land that has been compacted or covered
with a layer of material so that it is highly resistant to infiltration by water, including gravel driveways
and parking areas.

Improvements: All utilities, facilities, buildings, and structures including but not limited to streets,
cul-de-sacs, storm and sanitary sewers, water lines, curb and gutter, and landscaping required pursuant to
the terms of the Ordinances of Warrenton, Virginia.

Industry, Heavy: A use engaged in the basic processing and manufacturing of materials or products
predominantly from extracted or raw materials, or a use engaged in storage or manufacturing processes
using flammable or explosive materials, or storage or manufacturing processes that potentially involve
hazardous or commonly recognized offensive conditions.

Industry, Light: A use engaged in the manufacture, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental
storage, sales, and distribution of such products, but excluding basic industrial processing or storage or
manufacturing processes that involve hazardous or offensive conditions.

Inn: A single-family dwelling, portion thereof, or accessory building to, where short-term lodging is
provided for compensation to transient guests only. Additional services, such as restaurants, meeting and
event space, and recreational facilities may also be provided. The operator may or may not live on the
premises. Up to twelve (12) guest rooms may be provided.

Inoperable Vehicle: A vehicle parked outside of a structure in any zoning district within the Town that
cannot be operated mechanically and/or does not display a current, valid Town and State registration
decal.

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Institutional uses or buildings: Educational and philanthropic operations, including museums, art
galleries, and libraries

Internal Relationships: Those associations pertaining to on-site considerations.

Janitorial service establishment: A commercial facility used to store equipment and materials used in
providing janitorial services, which may include limited administrative office space for the enterprise.

Junk Vehicle: An inoperable or abandoned motor vehicle without current Town and State registration.

Junk Yard: The use of any area of land lying within one hundred (100) feet of a state highway or the use
of more than two hundred (200) square feet of land area in any location for the storage, keeping, or
abandonment of junk including scrap metals or other scrap materials. The term "junk yard" shall include
the term "automobile graveyard" as defined herein.

Jurisdiction: The limits of territory within which authority may be exercised by the governing body.

Kennel: (see Animal Kennel).

Landscape Architect: A person who is certified by the State of Virginia in the practice of landscape
design.

Laboratories, research: A workplace devoted to scientific research and experimentation.

Laboratories, medical: A workplace devoted to routine testing of medical samples and related items
associated with the diagnosis and treatment of diseases.

Landscaping: The modification of existing site conditions by earthwork, planting, and/or structural
installation to complete a desired landscape scheme.

Landscape Design: The planned treatment of land, structures, plants, topography, and other natural
features.

Laundromat: A business that provides home-type washing, drying, and/or ironing machines for hire to
be used by customers on the premises.

Laundry: A commercial facility where washing, drying, ironing, and/or dry cleaning are performed, but
do not include self service machines.

Laundry, Pick Up-Drop Off: A business that provides laundry services to customers but washing,
drying, or dry cleaning facilities are not located on the immediate premises.

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Lawn and Garden Equipment: Motorized and non-motorized equipment used to cultivate or maintain
lawns and garden plots of yards associated with non-agricultural land uses.

Library: A place devoted to the collection and display of books, manuscripts and related intellectual
property for use and circulation by the public but not for sale.

Lighting (reference Lighting Regulations):

Footcandle: Unit of luminance. One lumen per square foot. It is the luminous flux per unit area in
the Imperial system. One footcandle equals approximately 0.1 (0.093) lux.

Flood Lam: A specific form of lamp designed to direct its output in a specific direction (a beam)
but with a diffusing glass envelope: Such lamps are so designated by the manufacturers and are
typically used in residential outdoor area lighting.

Full Cutoff Light Fixture or Luminaire; Fully Shielded Light Fixture: A lighting fixture from
which no light output, either directly from the lamp or a diffusing element, is emitted at or above a
horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light
intensity is emitted at an angle 10 degrees below that horizontal plane, at all lateral angles around
the fixture. Implicit in the definition is a fixture that is aimed straight down and has a flat lens. Any
structural part of the light fixture providing this shielding must be permanently affixed.

Glare: The sensation produced by a bright source within the visual field that is sufficiently brighter
than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual
performance and visibility. The magnitude of glare depends on such factors as the size, position,
brightness of the source, and on the brightness level to which the eyes are adapted.

High Intensity Discharge Lamp: A mercury vapor, metal halide, or high or low pressure sodium
lamp.

IESNA: Illuminating Engineering Society of North America

Illuminance, Luminance: The intensity of incident light at a point, measured with a light meter in
footcandles or lux.

Initial lumens: The lumens emitted from a lamp, as specified by the manufacturer of the lamp.

Lamp: The component of a luminaire that produces light. A lamp is also commonly referred to as
a bulb.

Light pollution: Any adverse effect of manmade light.

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 Light Trespass: Light falling where it is not wanted or needed, typically across property
boundaries.

Lumen: Unit of luminous flux; used to measure the amount of light emitted by lamps.

Luminaire: The term "luminaire" means a complete lighting unit, less the support assembly,
consisting of a lamp or lamps together with the components designed to distribute the light, to
position and protect the lamps, and to connect the lamps to the power supply. A luminaire is also
commonly referred to as a fixture.

Lux. Unit of Luminance: One lumen per square meter. It is the luminous flux per unit area in the
metric system. One lux equals approximately 10 (10.8) footcandles.

Installed: The attachment, or assembly fixed in place, whether or not connected to a power source,
of any outdoor light fixture.

Opaque: Opaque means that a material does not transmit light from an internal illumination source.
Applied to sign backgrounds, means that the area surrounding any letters or symbols on the sign
either is not lighted from within, or allows no light from an internal source to shine though it.

Outdoor Light Fixture or Lumenaire: An outdoor illuminating device, outdoor lighting or

reflective surface, lamp or similar device, permanently installed or portable, used for illumination
or advertisement.

Temporary Lighting: Lighting which does not conform to the provisions of this Code and which
will not be used for more than one thirty (30) day period within a calendar year, with one thirty (30)
day extension. Temporary lighting is intended for uses which by their nature are of limited
duration; for example holiday decorations, civic events, or construction projects.

Live-Work Unit: (see Dwelling, Live-Work Unit)

Loading Space: A space within the main building or on the same lot providing for the standing, loading,
or unloading of trucks and other carriers.

Lodge: (see Club).

Lot: A numbered and recorded portion of a subdivision intended for transfer of ownership or for building
development for a single building or accessory building or, in the case of land not transferred for sale, a
measured parcel of land having fixed boundaries and designated on a plat or survey showing the metes
and bounds or simply described by metes and bounds.

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Lot Area: The total horizontal area of the lot lying within the lot lines, provided that no area of land
lying within any street or right-of-way shall be deemed a portion of any lot area. The area of any lot
abutting a street shall be measured to the street right-of-way.

Lot, Corner: A lot abutting upon two (2) or more streets at their intersection. All sides along the streets
shall be considered front yards.

Lot, Coverage: The area of a site covered by buildings or roofed areas.

Lot, Depth of: The average horizontal distance between the front and rear lot lines.

Lot, Double Frontage: An interior lot having frontage on two (2) streets.

Lot, Interior: A lot other than a corner lot with only one street frontage.
Lot Line: A property boundary line of any lot held in single and separate ownership from adjacent
property, except that, in the case of any lot abutting a street, the lot line or such portion of the lot as abuts
the street shall be deemed to be the same as the street line, and shall not be the center line of the street, or
any other line within the street line even though such may be the property boundary line.

Lot, Pipestem: A lot with access provided to the bulk of the lot by means of a narrow corridor that does
not meet the street frontage requirement of the district regulations.

Lot, through: A lot in which both the front and rear lot lines abut a street.

Lot of Record: A lot which has been recorded among the land records in the Office of the Circuit Court
of Fauquier County, Virginia.
Lot, Substandard: (see Nonconforming Lot).

Lot, Width of: The horizontal distance between side lot lines measured at the required front setback line.

Lumber and building supply: A commercial use devoted to the storage and sale of wood, lumber and
related building materials.

Manufacture and/or Manufacturing: The processing, fabrication, assembly, and distribution of

products such as, but not limited to: scientific or precision instruments, photographic equipment,
communication equipment, computation equipment, household appliances, toys, sporting and athletic
goods, glass products made of purchased glass, electric lighting and wiring equipment, industrial controls,
lithographic and printing processes, radio and TV receiving sets, watches and clocks, optical goods, and
electrical machinery.

Massage Therapist: A practitioner who is licensed or certified by the state and/or a recognized
professional organization, to practice massage therapy for purposes of medical care or physical therapy
rather than for entertainment or recreation.

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Materials: The physical elements of which something is made or fabricated.

Medical or Dental Clinic: Any building or group of buildings occupied by medical practitioners and
related services for the purpose of providing health services to people on an out-patient basis.

Medical Center: Any building or group of buildings that provides a range of professional medical
services that would normally be found in hospitals, medical clinics and medical offices.

Medical Laboratory: (see Laboratory, Medical)

Meeting Hall: (see Assembly Hall)

Mentally or physically impaired person: A person who is a resident of Virginia and who requires
assistance with two or more activities of daily living, as defined in § 63.2-2200, as certified in a writing
provided by a physician licensed by the Commonwealth.

Mini-Warehouse: A structure containing separate storage spaces of varying sizes leased or owned on an
individual basis for self-storage of business, household, or contractors supplies.

Mixed-Use: A use or structure which contains residential uses as well as commercial or office uses.

Mobile Food Cart: Any non-motorized mobile food unit with limited infrastructure that serves food
and/or beverages intended for immediate consumption. Mobile food carts may not exceed six (6) feet in
length, three (3) in width (excluding wheels), or four (4) feet in height (excluding wheels and umbrellas).
Mobile Food Carts include pushcarts and similar devices.

Mobile Food Vehicle: A motorized mobile food unit which is self-sufficient in terms of potable water,
sanitary sewer and electric utilities, and generally consists of an enclosed truck, trailer or similar vehicle,
where food may be stored, prepared, cooked, and/or served. An open bed truck, van or converted
automobile is NOT considered a mobile food vehicle and is not eligible for a mobile food vending permit.

Mobile Food Vendor: Any person or business selling foods from a mobile food cart or mobile food
vehicle, which is stationary for a period of time longer than that necessary to complete a sale or greater
than a fifteen (15) minute period. This definition does not apply to traveling ice cream trucks, cafeteria
trucks serving active construction sites, or non-commercial vehicles.

Mobile Home (also “Manufactured Home”): (see “Dwelling, Mobile Home”)

Mobile Home Park: A residential neighborhood conforming to the requirements of the former MHP
Residential District.

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Mobile Home Subdivision: An arrangement of lots designed and intended for the placement of mobile
homes for residential purposes, meeting the requirement of the former MHP Residential District.

Modular home; Modular dwelling: (see Dwelling, Modular)

Monument sales: Sales of headstones, plaques and similar elements for memorials.

Motel: A building or a group of two (2) or more detached or semi-detached buildings containing rooms
or apartments having separate entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building or group of buildings is
designed, intended, or used principally for the providing of sleeping accommodations for automobile
travelers and is suitable for occupancy at all seasons of the year.

Motion picture studio: A building or group of buildings in which videos, motion pictures or other visual
recordings are filmed.

Mural: A painting or other artistic depiction on the wall of a building which does not serve the purpose
of commercial or business advertisement or promotion.

Museum: A building which provides educational or aesthetic opportunities for the visiting public on a
regular schedule. Artifacts, artwork, historical documents, photographs, costumes, and other objects are
exhibited and cared for by a professional staff.

Neighborhood Professional Business: Any establishment containing between 1,500 and 5,000 square
feet of gross floor area, on the ground floor of a building/structure wherein the primary occupation is the
provision of services on a fee or contract basis. Retail sales to the general public are not permitted, except
as a secondary and subordinate activity, and not exceeding ten (10) percent of the gross floor area. The
retail sales area component should be clearly delineated within the building/structure. Business service
establishments shall not have more than two (2) employees, including the owner.

New Urbanism: A pattern of urban design which incorporates various traditional town planning
principles, including narrow streets, on-street parking, interconnected streets, alleys, small front setbacks,
mixed-uses and similar features.

Noise: Sound of a harsh, loud, or confused kind causing disturbance to occupants of an abutting,
adjacent, or adjoining property, as provided for in the performance standards of these regulations and any
other provisions of the Town Code.

Nonconforming Activity: (see Nonconforming Use)

Nonconforming Lot: An otherwise legally platted lot that does not conform to the minimum area or
width requirements of this Ordinance for the district in which it is located either at the effective date of
this Ordinance or as a result of subsequent amendments to the Ordinance.

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Nonconforming Sign: An otherwise legal sign that does not conform with the regulations of this
Ordinance for the district in which it is located, either at the effective date of this Ordinance or as a result
of subsequent amendments to the Ordinance.

Nonconforming Structure: An otherwise legal building or structure that does not conform with the lot
area, yard, height, lot coverage, or other area regulations of this Ordinance, or is designed or intended for
a use that does not conform to the use regulations of this Ordinance, for the district in which it is located,
either at the effective date of this Ordinance or as a result of subsequent amendments to the Ordinance.

Nonconforming Use: The otherwise legal use of a building or structure or a tract of land, other than a
sign, that does not conform with the regulations of this Ordinance for the district in which it is located,
either at the effective date of this Ordinance or as a result of subsequent amendments to the Ordinance.

Non-profit organization: A non-profit organization incorporated under the provisions of section 501 [c]
3 of the federal code.

Nursery School: (see Day Care Center).

Nursing or Convalescent Home: An extended or intermediate care facility licensed or approved to

provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic
illness, or infirmity are unable to care for themselves.

Office: A building or portion of a building wherein services are performed involving predominantly
administrative, professional, or clerical operations.

Office, business and professional: (see Business and Professional Office)

Office, medical: (see Medical or Dental Clinic)

Off-Street Parking Space or Parking Bays: A reasonably level space, available for the parking of one
(1) motor vehicle, not less than nine (9) feet wide and having an area of not less than one hundred
sixty-two (162) square feet exclusive of passageways or other means of circulation or access.

One Hundred-Year Flood: A flood that, on the average, is likely to occur once every 100 years (i.e.,
that has a one (1) percent chance of occurring each year, although the flood may occur in any year).

On-Site: That area within the boundary of any land to be developed or planned for development.

Open Space: An area that is intended to provide light and air, and is designed for either environmental,
scenic, or recreational purposes and may include, but is not limited to, lawns, decorative planting,
walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas,
and water bodies, but not including driveways, parking lots, and storage yards.

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Open Space, Common: Open space within or related to a development, not in individually owned lots
or dedicated for public use, but which is designed and intended for the common use or enjoyment of the
residents of a development.

Outdoor Lighting: (see Lighting)

Outdoor Storage: The keeping in an unroofed area of any goods, junk, material, merchandise, or
vehicles in the same place for more than one (1) week.

Owner-Applicant: (see Applicant-Owner_.

Parcel: A continuous quantity of land, as shown on the official parcel maps of the County Commissioner
of the Revenue and/or an approved record plat, in the possession of, owned by, or recorded as the
property of the same person or persons.

Park: An area open to the general public and reserved for recreational, educational, or scenic purposes.

Parking, off-street: Parking in spaces designated outside of the street right-of-way.

Parking, on-street: Parking in spaces designated within the street right-of-way.

Parking Lot: An area not within a building where motor vehicles may be stored for the purposes of
temporary, daily, or overnight off-street parking. For the purposes of this Article, parking lots are defined
as any area used for the display or parking of any and all types of vehicles, boats, farm machinery, lawn
and garden equipment, or heavy construction equipment, whether or not these items are for sale or lease.
This definition includes, but is not limited to, parking lots and display areas for automobile dealerships
and service stations. The area of the parking lot shall be calculated to include all paved areas used for
ingress, egress, internal circulation, loading, and parking stalls.

Parking Space, All Weather: A parking space surfaced to whatever extent necessary to permit
reasonable use under all conditions of weather.

Passive Recreation: (see Recreation, Passive)

Passive Recreation Area: (see Recreation Area or Facilities, Passive)

Patio House: For purposes herein, same as atrium house (also see Atrium House, Townhouse).

Performance Bond: A bond of surety, and/or cash deposit approved by the Governing Body equal to the
full cost of improvements required by these regulations and providing for completion of said
improvements within a definite term (A performance and payment bond also provides for the payment of
subcontractors).

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Personal Service Establishment or Store: Establishments primarily engaged in the repair, care,
maintenance or customizing of personal property that is worn or carried about the person, or is a physical
component of the person, such as the following which will serve as illustration: beauty parlors, barber
shops, shoe repair, tailor shops, opticians, and similar places of business. Personal Service
Establishments do not include dry cleaning plants, or linen or diaper service establishments.

Pet, Household: Small, domestic animals that are customarily kept in the house or residential yard for
the company or enjoyment of the owner, such as but not limited to dogs, cats, rabbits, birds, rodents, fish
and other such animals that pose no threat, harm or disturbance to neighboring residents or properties.

Pet Grooming: A commercial business limited to the routine grooming of household pets, as defined
herein, including bathing, hair cutting and similar functions.

Pipeline, Major: A main trunk pipeline that carries water, gas or other material, or that collects
stormwater or wastewater, and connects to one or more smaller lines that provide the service to specific
customers.

Pipestem Lot: (see Lot, Pipestem).

Planned Unit Development: A development of land that is under unified control and is planned and
developed as a whole in a single development operation or programmed series of development stages,
including principal and accessory structures and uses substantially related to the character and purposes of
the development, and including streets, circulation ways, utilities, buildings, open spaces, and other site
features and improvements. It also includes a program for the provision, operation, and maintenance of
such areas, facilities, and improvements as will be for common use by some or all of the occupants of the
planned development but will not be provided, operated, or maintained at public expense. PUD includes
mixed-use developments, single use residential developments and/or commercial developments, in accord
with the provisions of this Ordinance.

Planner: Person qualified to prepare site development plans, either licensed as such or meeting the
educational training and work experience standards for membership of the American Institute of Certified
Planners.

Planning Director: The person designated by the Town Manager to serve in this capacity.

Plat: A map or plan of a tract or parcel of land which is to be or has been subdivided (when used as a
verb, plat is synonymous with subdivide).

Playground: A recreational area which is graded and either planted in grass or paved, or a combination
of both, which may have play equipment, and which may be lighted or unlighted for nighttime sports
activities in accord with the provisions of this ordinance.

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Plumbing and electrical supply: A business which sells plumbing and/or electric products on a
wholesale basis, and may sell at retail as well.

Porch: A structure attached to a building to shelter an entrance or to serve as a semi-enclosed space,

usually roofed and generally open-sided, but it may be screened or glass enclosed.

Printing establishments: Printing, publishing, and engraving establishment; photographic processing;

blueprinting; photocopying; and similar uses

Profile: A drawing of a side or sectional elevation of an object.

Property: Any tract, lot, or parcel, or several of the same collected together for the purpose of
subdividing, preparing a site development plan, and/or developing.

Public Buildings: (see Building, Public)

Public Facilities Manual: The Town of Warrenton Public Facilities Manual. This manual provides
standards and specifications for public facilities construction within the Town.

Public Water and Sewer Systems: A water or sewer system owned and operated by a municipality or
county, or owned and operated by a private individual or a corporation approved by the Governing Body
and properly licensed by the State Corporation Commission, and subject to special regulations as herein
set forth.

Pumping station: A component of a public water or wastewater system that pumps material from one
line to another for either distribution or collection.

R – District (Residential District): Any zoning district beginning with "R" and/or any zoning district
designed primarily for residential uses.

Recreation, Active: Intensive play or athletic activity involving individual or group participation in
games, sports or other activity. Includes such activities as baseball, basketball, tennis, soccer, golf,
swimming, riding and other activities involving physical exertion. May be private, public or commercial
in nature.

Recreation Area or Facilities, Active: Area or facilities designed for intensive play or athletic activity
by either juveniles or adults.

Recreation, Commercial: (see Commercial Recreation)

Recreation, Passive: Activity involving minimal physical exertion such as sitting, walking, picnicking,
bird watching and reading.

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Recreation Area or Facilities, Passive: Natural areas with or without facilities, primarily scenic, for
passive activities, e.g., sitting, walking, riding, or picnicking.

Recycling Center: A facility that is not a junkyard and in which recoverable resources, such as
newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, either by
machine or by hand, within a completely enclosed building, in preparation for further processing or
manufacturing at another facility.

Recycling Collection Point: An incidental use that serves as a neighborhood drop-off point for
recoverable resources, for temporary storage in containers, or small structures, not including processing of
such items. Generally, these facilities are located in shopping center parking lots, or other public or
semi-public areas such as churches or schools.

Recycling Plant: A facility that is not a junkyard and in which recoverable resources, such as magazines,
books, and other paper products; glass; metal cans; and other products, are recycled, reprocessed, and
treated, within a completely enclosed building, to return such products to a condition in which they may
again be used for production.

Rental service establishment: A business that rents household equipment and/or vehicles.

Rescue Squad: An emergency medical and rescue company, typically operated as a non-profit
organization, using emergency medical vehicles to serve customers.

Rest Home: (see Nursing Home).

Restaurant: An establishment whose principal business is the selling of unpackaged food to the
customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where
the customer consumes these foods while seated at tables or counters located within the building. This
definition also includes cafes, cafeterias, sit-down restaurants, tea rooms, confectionery shops,
refreshment stands, and outdoor cafes.

Restaurant, Carry-Out: An establishment that provides prepared food for pick-up by the customer or
delivery by the restaurant employees, but not eat-in facilities.

Restaurant, Drive-Through: An establishment that delivers prepared food, beverages, and/or desserts
to customers in motor vehicles, regardless of whether or not it also serves customers who are not in motor
vehicles, for consumption on or off the premises.

Restaurant, Fast Food: An establishment whose principal business is the sale of pre-prepared or rapidly
prepared food, beverages, and/or desserts directly to the customer in a ready-to-consume state for
consumption either within the restaurant building or off premises. Orders are not generally taken at the
customer's table and food is generally served in disposable wrapping or containers.

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Retail Stores and Shops: Buildings for the display and sale of merchandise at retail (but specifically
exclusive of coal, wood, and lumber yards), such as the following which serve as illustrations:
drugstore, newsstand, food or grocery store, candy shop, dry goods and notions store, antique store, gift
shop, hardware store, household appliance store, furniture store, florist, music and radio store. This group
also includes the consolidation of retail stores into one or more buildings as a shopping center.

Retail uses, General: (see Retail Stores and Shops)

Retail uses, Personal services: Retail uses that provide services to individuals, such as barber, beauty
salon, nail care, and the like.

Retail uses, Business services: Retail uses that provide services to businesses, such as office supplies,
office equipment, data processing, and the like.

Retail Use, Automated: A retail establishment that is fully automated, without a full time attendant or
proprietor.

Retention Facility: The same as a Detention Facility except that the lower water elevation of the pond
may be at a level lower than the normal hydraulic grade line of the drainage system into which it drains.
Water detained in this lower elevation must therefore be dissipated by evaporation, seepage into the soil,
or retained as a permanent water pool.

Reverse Frontage: A lot with double frontage which is not accessible from one of the streets upon
which it fronts, usually the street designed for or experiencing the highest vehicular traffic volumes.

Right-of-Way: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road,
electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for
another special use. May include a fee simple or easement ownership.

Road, Public: All public property reserved or dedicated for street traffic, maintained by the Town of
Warrenton or the Virginia Department of Highways.

Road, Private: A way open to vehicular ingress and egress established as a separate tract for the benefit
of certain adjacent properties, not including driveways, and not maintained by the Town of Warrenton or
the Virginia Department of Highways.

Rooming House: (see Boarding House).

Rug and carpet cleaning and storage with incidental sales of rugs and carpets: A business which
cleans and/or stores rugs and carpets and which may sell or trade such items as an incidental use.

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Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar
configured, usually in a round, parabolic shape, intended to receive and/or transmit radio,
electromagnetic, or microwaves from terrestrially based and/or orbitally based sources.

School: Any public, parochial, or private place of instruction that provides a curriculum of elementary or
secondary academic instruction, including kindergartens, elementary schools, middle schools, junior high
schools, vocational schools, and high schools, meeting all the licensing requirements of the
Commonwealth of Virginia.

Screening: (see Buffer).

Seating Capacity: The actual seating capacity of an area based upon the number of fixed seats or one (1)
seat per eighteen (18) inches of bench or pew length. For other areas where seats are not fixed, the
seating capacity shall be one (1) seat for every seven (7) square feet of net floor area, excluding floor area
devoted to permanent displays and/or storage.

Security service office or station: A kiosk, office or other structure out of which the security personnel
of a building or complex operate.

Self-Service Storage Units: (see Mini-Warehouse).

Senior Citizens Center: A licensed facility which provides care, supervision, and recreation activities
for persons 55 years of age and older, during a portion of the day and which is not used for lodging or
overnight care.

Service Station: Buildings and premises where the primary use is the supply and dispensing of retail
motor fuels, lubricants, batteries, tires, motor vehicle accessories, and/or light maintenance activities,
performed within an enclosed building, such as engine tune-ups, lubrication, and minor or emergency
repairs. This definition does not include heavy automobile maintenance activities such as engine
overhauls, automobile painting, and body or fender work.

Setback: The minimum distance by which any building or structure must be separated from the front,
side, or rear lot line.

Setback Line: The line which establishes the required setback. The same as building line.

Shopping Center: A grouping of retail business and service uses on a single site with common, shared
parking facilities and combined access points to the public road system.

Shrub: A low-growing, usually multi-stemmed, woody plant.

Sign: Any display of any letters, words, numerals, figures, devices, emblems, pictures, structural forms,
corporate logos (including symbols, color patterns or other features that communicate brand identity) or

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any parts or combinations thereof, by any means whereby the same 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 on or beyond the boundaries of the parcel of land on which the same is made. A display
of less than two (2) square feet in area is excluded from this definition.

Sign, Advertising: A sign directing attention to a product offered upon the premises, but which product
or service is or could be offered elsewhere than on the same premises, with the exception that where the
trade name of the product is a basic factor in directing attention to the business, the display of that sign
shall be considered a business use.

Sign, Animated: Such signs shall include but not be limited to pennants, propellers, inflatable figures,
balloons, discs and any sign with moving parts.

Sign, Area: That area within a line including the outer extremities of all letters, figures, characters, and
delineations, or within a line including the outer extremities of the framework or background of the sign,
whichever line includes the larger area. The support for the sign background, whether it is columns, a
pylon, or a building or part thereof, shall not be included in the sign area. Only one (1) side of a
double-faced sign shall be included in a computation of sign area; for other signs with more than one (1)
face, each side shall be included in a computation of sign area. The area of a cylindrical or spherical sign
shall be computed by multiplying one-half of the circumference by the height of the sign area.

Sign, Banner: A temporary sign announcing the name, time and place of a special event within the
Town conducted by a public agency, or for the benefit of any civic, fraternal, religious, or charitable
cause, such sign to be displayed above a public right-of-way.

Sign, Billboard: Any sign that identifies or communicates a commercial or noncommercial message
related to an activity conducted, a service rendered, or a commodity sold at a location other than where
the sign is located, excluding directional signs. (see Off-Premise Sign)

Sign, Canopy: A sign painted or attached to a covered area or structure which extends from the wall of a
building or is freestanding, such as the structure that covers a gasoline pump island, including awnings,
and including the materials and colors of the awning or canopy structure itself.

Sign, Commercial: A sign directing attention to a business, commodity, service, or entertainment

conducted, sold or offered on the same premises upon which the sign is maintained (see Advertising
above).

Sign, Directional: A sign marking an entrance or exit or giving other directions to the general public or
to patrons or customers.

Sign, Directory: A sign for identifying the occupants or tenants of a building and/or their location in the
building.

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Sign, Double-Faced: A sign with two (2) parallel or nearly parallel faces, back to back, upon which
advertising is displayed.

Sign, Electronic Message Board: Any sign that uses changing lights to form a sign message or
messages wherein the sequence of messages and the rate of change is electronically programmed and can
be modified by electronic processes. Such signs may be included in the definition of other types of signs
if they otherwise meet those definitions and do not have features of prohibited signs, such as flashing
signs.

Sign, Flashing: Any illuminated sign on which there is artificial light which is not stationary or constant
in intensity or color at all times when such sign is in use.

Sign, Free Standing: A sign supported by one (1) or more upright poles, columns, or braces placed in or
on the ground and not attached to any building or structure. (a type of ground sign)

Sign, Ground: A general term that includes freestanding and monument signs; any sign supported by
uprights or braces placed in the ground or attached directly to the ground, and not attached to any
building. (see Freestanding Sign; see Monument Sign)

Sign, Height: The vertical distance from the street grade or the average lot grade at the front setback
line, whichever produces the greater vertical distance, to the highest point of the sign.

Sign, Identification: A sign indicating the name of a permitted use, the name or address of a building, or
the name of the management thereof.

Sign, Illuminated: Any sign which has character letters, figures, designs, or outlines illuminated by
electric lights or luminous tubes as a part of the sign proper.

Sign, Indirectly Illuminated: A sign which is either (1) artificially lit from within itself using an
opaque/non-glaring background and backlighted or (2) is illuminated by spotlights or floodlights not a
part of or attached to the sign itself. Also, for purposes of this Ordinance, a sign of translucent
nontransparent material illuminated from within with no exposed or exterior bulbs, tubes, or other light
source.

Sign, Informational: A sign conveying instructions with respect to the premises on which it is
maintained or giving directions, or providing information to the public at large by official notices, place
names, tourist information, and the like.

Sign, Industrial Park: Any sign designating a group of industrial buildings or industrial tenants in an
industrial park, laid out and developed or operated as a unit according to an integrated design plan, which
states the name of the Park and may list individual businesses or tenants in accord with the limitations of
this Ordinance.

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Sign, Marquee: Any canopy or other covered structure other than a projecting sign projecting from and
wholly supported by a building and extending beyond the building wall.

Sign, Monument: A type of ground mounted sign which is built on grade and which the sign and
structure are an integral part of one another.

Sign, Off-Premises: Any sign located on a separate parcel from the structure or business it pertains to,
except for signs for businesses within shopping centers or planned development districts that are located
on a separate parcel from the business but contiguous with the other parcels that form the shopping center
or planned development project.

Sign, Painted: Any sign painted on the exterior surface of a building.

Sign, Portable: Any sign not affixed to the ground or to a building, including any sign attached to or
displayed on a vehicle that is used for the expressed purpose of advertising a business establishment,
product, or service, or entertainment, when that vehicle is so parked as to attract the attention of the
motoring or pedestrian traffic.

Sign, Projecting: A sign attached to a building, approximately perpendicular to the building wall.

Sign, Real Estate: A sign that advertises the property on which it is located, for sale, rent, or lease. Such
signs shall be removed upon the sale, rental, or lease of the property on which it is located.

Sign, Roof: Any sign erected, constructed, and maintained wholly upon or over the roof of any building.

Sign, Shopping Center: Any sign designating a group of retail stores laid out and developed or operated
as a unit according to an integrated design plan, which states the name of the center and may list
individual stores or tenants in accord with the limitations of this Ordinance.

Sign, Structure: Includes the supports, uprights, bracing, and framework of any structure, be it
single-faced, double-faced, v-type, or otherwise, exhibiting a sign.

Sign, Temporary: A sign applying to an activity such as horse shows, auctions, carnivals, festivals, or
other community sponsored activities, or advertising the grand opening, closing, or other special event of
a commercial nature, and intended to be displayed for not more than forty-five (45) days.

Sign, Wall: Any signs or lettering, projecting not more than eight (8) inches, which are placed against or
attached to the front, rear, or side wall of a building, but shall not include professional name-plates. If the
sign is composed of individual letters attached to the wall, the area between letters shall be included in
size calculations.

Sign, Window: A sign painted, stenciled, or affixed on a window, which is visible from a right-of-way.

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Sign fabricating and painting: The fabrication, painting or assembly of any type of sign as defined
herein.

Simplicity: Directness of expression in design.

Site Development Plan: Detailed drawings indicating all building construction and land improvements,
including landscape treatments and related information as required by this Ordinance. Also defined as the
Site Development Plan Ordinance, Town of Warrenton, Virginia, December, 1970.

Small equipment sales and/or service operations: A commercial enterprise devoted to the repair and
sales of small scale motorized equipment for residential or commercial activities, such as lawn mowers
and power tools.

Special Exception: (see Special Use Permit)

Special Use Permit: A permit for a use that, owing to some special characteristics attendant to its
operation, installation, or relation to the neighborhood, is permitted in a district, subject to Town Council
or BZA approval, in accordance with the provisions of Article 11 of this Ordinance. Special Use Permits
are subject to special requirements and/or conditions that may be imposed by the Council or BZA,
respectively, different from those usual requirements for the district in which the special use in located.

Specifications: A detailed, precise presentation of the materials and procedures to be employed in the
construction of all physical improvements required by the ordinance applicable in the Town of
Warrenton, Virginia.

Specimen tree: any tree that has been individually designated by the local governing body to be notable
by virtue of its outstanding size and quality for its particular species.

Square: Land open to the general public for passive recreational use that contains paved pedestrian
plazas, lawns, shade trees and/or landscaped areas. Paved pedestrian plazas may cover up to 90% of the
square. Squares may be publicly owned or owned in common by a property owners association. Squares
are not required to be square or rectangular in shape.

Steep Slope: A slope exceeding twenty-five (25) percent grade.

Storage yards: A yard area in which materials, equipment and/or vehicles used for construction,
excavating or similar activities are stored, kept and/or maintained. Storage yards may be partially
covered, enclosed or screened.

Stormwater Management:

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Adequate Channel: For manmade channels, the ten-year frequency storm is used to verify that
stormwater will not overtop the channel banks and the two-year storm is used to demonstrate that
stormwater will not cause erosion to the channel bed or banks (definition from the Erosion and
Sediment Control Regulations). For natural channels capable of conveying the runoff from a two-
year storm without overtopping its banks or eroding the channel lining, or without causing flooding
of structures from the 100-year storm event.

Applicant/Developer: Any person, his Agent, or his assigns submitting a stormwater management
plan for approval.

BMP Handbook: Best Management Practices Handbook

Channel: An elongated depression having a definite bed and bank which serves to confine the flow
of water.

Conduit: A general term for any open or enclosed facility intended for the conveyance of water.

Control Section: A section or a reach of a conduit where conditions exist that make the water level
stable. A control section may be partial or complete. A complete control section is independent of
downstream conditions and is effective at all stages. An overflow dam or rock ledge crossing a
channel are examples. Control sections may be either natural or artificial.

Culvert: A closed conduit carrying water under a highway, railroad, or other embankment. A
culvert 'is distinguished from a bridge by generally having the same material all around its
perimeter, and having a regular, symmetrical shape.

Debris: Any material, including floating trash or suspended sediment moved by a flowing stream.
Deter: The practice of containing standing water for a brief time after a surface water runoff event
for the purpose of reducing peak runoff rates and/or for removing pollutants. Detention may be
achieved in facilities that are normally dry (detention ponds).

Development: 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 two or
more residential dwelling units.

Discharge:

(a) The quantity of water, silt, or other mobile substances passing along a conduit per unit of
time: rate of flow expressed as cubic feet per second, liters per second, million of gallons per
day, etc.
(b) The act involved in water or other liquid passing through an opening or along a conduit or
channel.

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 (c) The water or other liquid which emerges from an opening or passes along a conduit or
channel.

Ditch: An artificial channel.

Flood Routing: Determining the changes in the rise and fall of floodwater as it proceeds
downstream along a drainageway, including the effects of structures.

Frequency of Storm: The anticipated period in years that will elapse, based on average probability
of storms in the design region, before a storm of a given intensity and/or total volume will recur. A
10-year storm can be expected to occur on the average of once every 10 years.

Impervious: Condition of a material that prevents significant percolation.

Infiltration Facility: A stormwater management facility which temporarily impounds runoff and
discharges it via infiltration through the surrounding soil. While an infiltration facility may also be
equipped with an outlet structure to discharge impounded runoff, such discharge is normally
reserved for overflow and other emergency conditions. Since an infiltration facility impounds
runoff only temporarily, it is normally dry during non-rainfall periods.

Land Development or Land Development Project: A manmade change to the land surface that
potentially changes its runoff characteristics.

On site Stormwater Management Facilities: Facilities which are designed to control stormwater
runoff emanating from a specific site.

Peak Discharge: The maximum instantaneous flow from a given storm condition at a specific
location.
Post-development Runoff: Conditions that may reasonably be expected or anticipated to exist after
completion of the land development activity on a specific site or tract of land.

Predevelopment Runoff: Conditions that exist at the time that plans for a land development activity
are approved by the plan approval authority. For staged development, the first item approved or
permitted shall establish the time at which predevelopment conditions are fixed. In the case of land
development by governmental agencies, the initiation of land acquisition shall establish the time at
which predevelopment conditions are fixed.

Regional Watershed-Wide Stormwater Management Facility or Regional Facility: A facility or

series of facilities designed to control stormwater runoff from a large contributing area, although
only portions of the watershed may experience land development.

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 Storm Sewer: A sewer that carries only stormwater, drainage and other surface water, but not
domestic sewage or industrial wastes. A storm sewer system consists of underground conduits,
inlets, manholes, open channels, swales and special appurtenances.

Stormwater Detention Basin or Detention Basin: A stormwater management facility which

temporarily impounds runoff and discharges it through a hydraulic outlet structure to a downstream
conveyance system. While a certain amount of outflow may also occur via infiltration through the
surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates
and are, therefore, not considered in the facility's design. Since a detention facility impounds runoff
only temporarily, it is normally dry during non-rainfall periods.

Stormwater Drainage System: A system of conduits and associated structures used to collect and
convey runoff.

Stormwater Management Facility: A device that controls stormwater and changes the
characteristics of runoff including, but not limited to the quantity and quality, the period of release,
or the velocity of flow.

Time of Concentration: The time it takes for runoff to travel from the most hydraulically distant
part of the watershed to a point of reference, (i.e. basin outlet, drop inlet, etc.)

Town: The Town of Warrenton.

Watershed: The total drainage area contributing runoff to a single point.

Watercourse: Any naturally occurring, constant or intermittent, surface water and its associated
banks, bed, and floodplains.

Story: That portion of a building, other than the basement, included between the surface of any floor and
the surface of the floor next above it. If there be no floor above it, the space between the floor and the
ceiling next above it.

Story, Half: A space under a sloping roof, which has the line of intersection of roof decking and wall
face not more than three (3) 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: A strip of land subject to vehicular and/or pedestrian traffic providing means of access to
property; also designated as road, lane, drive, avenue, right-of-way, highway, boulevard, trail, court,
place, terrace, etc. (see Street, Public)

Street, Arterial: A highway utilized primarily as a supplement to, and an extension of, the interstate
highway system, defined in the Virginia State Highway Commission Standards as an arterial highway. A

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minimum right-of-way of one hundred twenty (120) feet is required and carrying capacity is in excess of
eight thousand (8,000) vehicles per lane per day.

Street, Collector: Any existing or future street shown as a collector street on the adopted
Comprehensive Plan or that carries a volume of through traffic between four hundred (400) and three
thousand (3,000) vehicles per day.

Street, Interstate: A thoroughfare utilized to carry interstate traffic with a minimum right-of-way of
three hundred (300) feet in rural area and carrying capacity in excess of fifteen hundred (1,500) vehicles
per lane per hour.
Street, Line: The dividing line between a street or road right-of-way and the contiguous property.

Street, Local: A street that carries or is anticipated to carry a volume of traffic less than four hundred
(400) vehicles per day, the right-of-way of which shall not be less than fifty (50) feet.

Street, Primary Thoroughfare: A street that carries or is anticipated to carry a volume of traffic
exceeding three thousand (3,000) vehicles per day, the right-of-way of which shall not be less than
seventy (70) feet, and should, where feasible, have a minimum right-of-way of ninety (90) feet.

Street, Private: A local or collector street constructed to Town and State standards or the equivalent
thereto, guaranteed to be maintained by a private corporation by means of a covenant, deed, and easement
acceptable to the Town of Warrenton. Such streets shall have guaranteed public vehicular access.

Street, Public: All public property reserved or dedicated for street traffic, improved to the standards set
by the Town of Warrenton or the Virginia Department of Transportation. The lot frontage and setback
requirements of this ordinance refer to the public street.

Street, Secondary Collector: A street that carries or is anticipated to carry a volume of through-traffic
exceeding four hundred (400) vehicles per day, the right-of-way of which shall not be less than fifty (50)
feet nor more than ninety (90) feet depending upon existing or anticipated traffic volume.

Street, Service Drive: A public right-of-way generally parallel with and contiguous to a major highway.
Primarily designed to promote safety by eliminating pernicious ingress and egress to the major safe and
orderly points of access to the major highway.

Street, Width: The total width of the strip of land dedicated or reserved for public travel includes
roadway, curb and gutter, sidewalks, planting strips, and where necessary, utility easements.

Structure: Anything constructed or erected, the use of which requires permanent location on the ground,
or attachment to something having a permanent location on the ground. This includes, among other
things, dwellings, buildings, signs, fences, walls, etc., but not private driveways.

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Studios for artists, photographers, and sculptors: A work space for the creation of artworks,
photography and related or similar activities.

Studios and trade schools: A work space for the conduct, teaching and/or practice of artist or business
trades.

Subdivide: To divide any tract, parcel, or lot of land into two (2) or more parts for the purpose of
transferring ownership of any part or for the purpose of building development of any sort. The term
"subdivide" includes the term "resubdivide" and when appropriate to the context shall relate to the process
of subdividing.
Substations: An appurtenant structure for collecting, processing or distributing a public utility
commodity, including electric substations but not including any part of a water or sewer system.

Surveyor, Land: An individual who is certified and licensed by the Commonwealth of Virginia and who
is registered with the State Department of Professional and Occupational Registration as a "registered
land surveyor."

Taxicabs stands: An office, kiosk or other station at which taxis are dispatched.

Taxidermist: A person who prepares animal carcasses for ornamental display.

Tea Room: A room or rooms within a private residence, where teas, other beverages, and food
products are provided for compensation. The operator of the facility shall live on the premises.

Temporary family health care structure: A transportable residential structure, providing an

environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that
(i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant
who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and
(iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and
the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care
structure on a permanent foundation shall not be required or permitted.

Theaters: A building, structure or place designed or used primarily for the commercial exhibition of
motion pictures to the general public or used for the performance of plays, acts, dramas or musical
productions by actors, actresses and/or musicians.

Tire recapping and retreading: A business which re-caps and/or re-treads motor vehicle tires.

Tourist Home: A dwelling where only lodging is provided for compensation for up to five (5) persons
(in contradistinction to hotels and boardinghouses) and open to transients.

Town Engineer: The person designated to serve in this capacity by the Town Manager.

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Townhouse: (see Dwelling, Townhouse).

Town Manager: The duly appointed Town Manager of Warrenton, Virginia.

Transitional Housing: The housing is designed to provide temporary housing for not more than four (4)
unrelated persons for a maximum of six months. Transitional housing and counseling services shall be
provided by a coalition of churches and/or human service organizations. A house coordinator must reside
on the premises, and a substitute house coordinator shall be on the premises if the house coordinator is
away from the residence for more than one day.

Transmission Line, Major: A main trunk line that carries electricity, telecommunications signals or
other similar items, and connects to one or more smaller lines that provide the service to specific
customers.

Transmission and receiving towers: Any structure used for the purpose of supporting one (1) or more
antennas or microwave dishes, including self-supporting lattice towers, guy towers, or pole towers. The
term includes radio, television and telephone transmission towers, alternative antenna support structures
such as buildings and rooftops, and other existing support structures, including monopoles. Additional
definitions include:

(1) Alternative Tower Structure: Man-made trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or conceal the presence of
antennas or towers.
(2) Antenna: Any exterior apparatus designed for telephone, radio, or television
communications through the sending and/or receiving of electromagnetic waves, provided that
this definition shall not be interpreted to include an antenna that is designed to receive direct
broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less
in diameter; or an antenna that is designed to receive video programming services via multipoint
distribution services; including multi-channel, multipoint distribution services, instructional
television fixed services, and local multipoint distribution services, and that is one (1) meter or
less in diameter or diagonal measurement; or an antenna that is designed to receive television
broadcast signals.
(3) FAA: The Federal Aviation Administration.
(4) FCC: The Federal Communications Commission.
(5) Height: When referring to a tower or other structure, the distance measured from ground level to
the highest point on the tower or other structure, even if said highest point is an antenna.
(6) Telecommunication Facility: Any structure used for the purpose of supporting one (1) or more
antennas or microwave dishes, including self-supporting lattice towers, guy towers, or pole
towers. The term includes radio and television transmission towers, alternative antenna support
structures such as buildings and rooftops, and other existing support structures.
(a) Telecommunication Facility, Freestanding: A structure that stands alone for
the sole purpose of supporting antennas, dishes and other such
telecommunications equipment.

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 (b) Telecommunication Facility, Attached: A structure or building whose main
purpose is to support or house other uses, and to which antennas, dishes and other
such telecommunications equipment is attached so as to avoid constructing a
freestanding tower.

Travel Lane: Space specifically designated and reserved on the site for the movement of vehicular
traffic.

Travel Trailer: A mobile unit less than twenty-nine (29) feet in length and less than four thousand five
hundred (4,500) pounds in weight which is designated for temporary human habitation.

Treatment Plant: The central facility for treatment and purification of water or wastewater, as part of a
public water or sewer system owned and operated by the Town or other government entity, or by an
approved private operator to serve a community area.

Tree canopy; tree cover: Includes all areas of coverage by plant material exceeding five feet in height
and the extent of planted tree canopy at 10 or 20 years maturity, based upon the following published
reference:
Manual of Woody Landscape Plants: Their Identification, Ornamental Characteristics, Culture,
Propagation and Uses by Michael A. Dirr (or equivalent professional publication).

Tree, Canopy: A deciduous tree that normally exceeds thirty (30) feet in height at maturity, and is
shown on the list of species in Article 8 of this Ordinance.

Tree, Ornamental: A tree that normally does not exceed thirty (30) feet in height at maturity, and is
shown on the list of species in Article 8 of this Ordinance.

Tree Protection Zone: An area that is radial to the trunk of a tree in which no construction activity shall
occur. The tree protection zone shall be fifteen (15) feet from the trunk of the tree to be retained, or the
distance from the trunk to the dripline, whichever is greater. Where there are a group of trees or
woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.

Truck sales and service repair garages: A business which sells trucks and/or which provides repair and
maintenance services for trucks.

Use: Activity proposed for any portion or part of a parcel, tract, or lot.

Use, Accessory: (see Accessory Use).

U.S.G.S.: U.S. Geological Survey.

U.S.C. & G.S.: U.S. Coast and Geodetic Survey.

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Utility: (1) A system of facilities provided by any agency which, under public franchise or ownership, or
under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam,
communication, rail transportation, water, sewage collection, or other similar service; (2) A closely
regulated private enterprise with an exclusive franchise for providing a public service; (3) the component
parts of such facilities, including poles, wires, transformers, underground pipelines or conduits.
Treatment plants are defined as separate items.

Variance: A variance is a relaxation of the terms of the Zoning Ordinance where such variance will not
be contrary to the public interest and where, owing to conditions peculiar to the property and not the
result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary
and undue hardship.

Vending Machine: An automated device for the sale of goods, typically snacks, beverages and the like.

Vending Gallery: A building or structure containing multiple vending machines.

Veterinary Hospital: A place where animals or pets are given medical or surgical treatment and the
boarding of animals is limited to short-term care incidental to the hospital use.

Video Game Gallery: (see Amusement Arcade)

Visitor Center: A facility established for the purpose of disseminating information about the Town,
County of Fauquier or the region. The facility may provide an interpretative area, and small auditorium
for visitors or tourists.

Warehouse: A building used primarily for the storage of goods and materials.

Wall: A structure which serves to enclose or subdivide a building, usually presenting a continuous
surface except where penetrated by doors, windows, and the like.

Wall, Retaining: A wall constructed to support soil or sub-surface structures.

Water Storage Tank: An enclosed structure used for the storage of water for distribution.

Water and Sewer Systems: (see Public water and sewer systems)

Wayside Stand, Roadside Stand, Wayside Market: Any structure or land used for the sale of
agricultural or horticultural produce, livestock, or merchandise produced by the owner or his family on
their farm.

Wholesale Establishments: A business and its premises where goods are sold on a bulk basis to
distributors and direct sales to the general public are limited. Wholesale establishments are also
characterized by the use of trucks for delivery or pick-up of goods sold.

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Woodland: An area comprising one (1) or more acres of wooded land where the largest trees have at
least a six (6) inch caliper, or a grove of trees forming one (1) canopy where ten (10) or more trees have at
least eight (8) inch calipers.

Yard: An open space on a lot other than a court, unoccupied and unobstructed from the ground upward,
except as otherwise provided herein.

Yard, Front: An open space on the same lot as a building between the nearest front line of the building
(exclusive of steps) and the front lot or street line, and extending across the full width of the lot.

Yard, Rear: An open unoccupied space on the same lot as a building between the nearest rear line of the
building (exclusive of steps) and the rear line of the lot, and extending the full width of the lot.

Yard, Sale: Use of the premises of a residential dwelling for general sales of a temporary nature, open to
the public with the purpose of disposing of personal, family, or household goods or articles. The term
yard sale includes but is not limited to activities known as garage sales, porch sales, backyard sales, and
moving sales.

Yard, Side: An open unoccupied space on the same lot as a building between the nearest side line of the
building (exclusive of steps) and the side line of the lot, and extending from the front yard line to the rear
yard line.

Zero Lot Line: The location of a building on a lot in such a manner that one (1) or more of the building's
sides rests directly on a lot line. The side(s) of the building resting on the line typically does not include
windows.

Zoning Administrator: A Town employee designated to serve in this capacity by the Town Manager.

Zoning Ordinance: The Zoning Ordinance of the Town of Warrenton, Virginia.

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 Warrenton Mobile Food Vendor Program
Policies and Procedures

The following is a guidance document for the Mobile Food Vendor Program. The regulations that govern the
program are listed under Article 9-24 of the Zoning Ordinance. The program is administered by the Town
Manager’s Office. Permitting for the program is processed through the Department of Planning &
Community Development. If you have any questions about the program details specified in the Zoning
Ordinance or herein, please contact the Department of Planning & Community Development at (540) 347-
2405, Monday through Friday between 8:00 am and 4:30 pm.

I. Vending Permit Application Process

A. Interested Mobile Food Vendors must submit a completed Zoning Permit Application for a Mobile
Food Vendor Permit and required documentation via email or in person at Town Hall at 18 Court
Street, from 8 a.m. to 4:30 p.m. The Town will verify all permits have been obtained prior to
issuing a vending permit to the selected vendor.

B. The Mobile Food Vendor must submit all required documents, pass all physical inspections,
provide payment and hold a permit to participate in the programoperate in the Town. The
following permits and documentation are required:
1. A Health Permit from the Virginia Department of Health;
2. Proof of Current Fire Inspection;
3. Statement of authorization from property owner or their agent if operating on
private property;
4. Certificate of insurance; and
5. Signed policy and procedure document.

C. The Mobile Food Vendor must supply at the time of application all applicable Program Fees (see
descriptions below).

D. Staff will review applications for completion and no application will be accepted unless deemed
complete.

II. Designated Public Sites

The designated as public vending sites for Mobile Food Vendors are adopted in Article 9-24 of the Zoning
Ordinance.

III. Program Fees

A. All Mobile Food Vendors (new and renewing) must submit all fees and taxes as outlined below.

B. Annual Fee. The full annual Programpermitting fee is due upon acceptance into the Warrenton

Warrenton Mobile Food Vendor Program (May 2016) Page 1 of 4

Modified 6-13-2016
Modified 6-28-2016
Modified 7-26-2016
 Mobile Food Vendor Program. If a vendor chooses to withdraw from the program, the annual fee
is forfeited. The annual fee for renewing Mobile Food Vendors is due by June 30th.

C. Annual Business License Fee. The business license fee for Mobile Food Vendors is an annual
flat fee and cannot be refunded. The business license fee is due by June 30th.

D. Meals and Consumption Tax. Mobile Food Vendors are required to collect Meals and
Consumption Tax on all applicable food and beverage sales at a rate of 4%, and remit to the
Town on a monthly basis. The Meals Tax return and payment are due on the 20th of the month
following the month in which the tax was collected.

E. Meals and Consumption Tax Bond (New Vendors). At the time of Zoning Permit application to
the program, a one-time Meals and Consumption Tax Bond in the amount of $300 is required.
The Bond is refundable only if the vendor application is not approved, or if before incurring any
meals tax liability the participant goes out of business, moves their business, or otherwise ceases
to operate in the Town of Warrenton.

F. Meals and Consumption Tax Bond (Other). Mobile Food Vendors that do not maintain
participation in the program for a period of two years or more will be considered “new vendors”
and will be required to provide the meals tax bond again upon application to re-enter the
program. Mobile Food Vendors that are delinquent in the remittance of meals tax may be
required to provide the meals tax bond annually, at the discretion of the Town Manager.

G. Mobile Food Vendors are required to comply with all other applicable local, state and federal
taxes, including remittance of Sales Tax in accordance with state law.

Warrenton Mobile Food Vendor Program (May 2016) Page 2 of 4

Modified 6-13-2016
Modified 6-28-2016
Modified 7-26-2016
IV. Fee Chart

Fees Town of Warrenton Other Agencies

Annual Downtown Mobile Food Vendor Program Fee
$10075
(per vendor) Annual Zoning Permit (per vendor)
Annual Business License Fee (per vendor) $50

One-time Meals Tax Bond (per vendor) $300

Annual Fire Inspection Fee (per vehicle) $501

VA Department of Health
Annual Health Permit Fee (per vehicle)
(Fauquier County Office)
Total $500

V.

VI. Associated Fees

Reserved.

VII. Insurance Coverage

The vendor shall secure and maintain a policy of automobile liability insurance coverage issued by a
company authorized to do business in the Commonwealth of Virginia in the amount of at least $1,000,000 for
injury to or death of any person or persons in any one incident and $100,000 for property damage, and the
policy shall list the Town of Warrenton as an additional insured.

VIII. Monthly Reports

Monthly Mobile Food Vendor Sales data reports and meals tax receipts are required to be submitted each
month for the calendar year. Failure to comply and submit in a timely manner may result in revocation or
suspension of vendor participation in the program.

IX. Revocation or Suspension

The participant may be removed from the Program at the discretion of the Town Manager in the event of any
of the following:

1
$50.00 up to 2,500 sq. ft. plus $0.01 per sq. ft. for every square foot over 2,500.
Warrenton Mobile Food Vendor Program (May 2016) Page 3 of 4
Modified 6-13-2016
Modified 6-28-2016
Modified 7-26-2016
1. The use of conditions under which the truck or trailer is being operated or maintained is detrimental
to the public health, welfare or materially injurious to property or improvements in the vicinity;
2. The property is operated or maintained so as to constitute a nuisance;
3. Operation in violation of the conditions of the program; or
4. Any other violation of applicable law.

X. Renewal Process

Please note the following regarding license renewal:

1. Vendor licenses expire on June 30th of each calendar year with annual renewals subject to
administrative review, modification (if necessary) and approval.

2. Proof of current health department permit, fire inspection, insurance, and property owner
authorization (as described in the Mobile Food Vendor Program policies and procedures document)
are required at the time of renewal.

3. The Annual Zoning Permit and Annual Business License Fee are required at the time of renewal.

XI. Program Compliance

I understand and will abide by the regulations in Article 9-24 of the Zoning Ordinance and by the
Policies and Procedures for the Warrenton Mobile Food Vendor Program. I further understand that
should I commit any violation of the Ordinance and/or this policy, my participation in this program may
be revoked.

Signature Date

_________________________________________________________
Printed Name

Warrenton Mobile Food Vendor Program (May 2016) Page 4 of 4

Modified 6-13-2016
Modified 6-28-2016
Modified 7-26-2016
 Town Council Meeting Item Number: 7.d.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
ZTA 2018-02 Signage Staff Report to TC Cover Memo 12/4/2018
Signage Update FAQ Backup 12/4/2018
Material
ZTA 2018-02 Draft Article 2 General Provisions Redline Backup 11/14/2018
Material
ZTA 2018-02 Draft Article 2 General Provisions Clean Backup 11/14/2018
Material
ZTA 2018-02 Draft Article 3 Allowable Districts Redline Backup 11/14/2018
Material
ZTA 2018-02 Draft Article 3 Allowable Districts Clean Backup 11/14/2018
Material
ZTA 2018-02 Draft Article 6 Signage Redline Backup 11/14/2018
Material
ZTA 2018-02 Draft Article 6 Signage Clean Backup 11/14/2018
Material
ZTA 2018-02 Draft Article 9 Supplemental Use Regulations Backup 11/14/2018
Redline Material
ZTA 2018-02 Draft Article 9 Supplemental Use Regulations Backup 11/14/2018
Clean Material
ZTA 2018-02 Draft Article 11 Administration Redline Backup 11/14/2018
Material
ZTA 2018-02 Draft Article 11 Administration Clean Backup 11/14/2018
Material
ZTA 2018-02 Draft Article 12 Definitions Redline Backup 11/14/2018
Material
ZTA 2018-02 Draft Article 12 Definitions Clean Backup 11/14/2018
Material
 ZTA 2018-02 STAFF REPORT

TO: Town Council

FROM: Brandie Schaeffer, Director Community Development

DATE: December 11, 2018

SUBJECT: ZTA 2018-02 Zoning Ordinance Article 6 – Signage Update

Staff is working to update its Zoning Ordinance Article 6 – Sign Regulations, to ensure
compliance with the Supreme Court ruling, Reed v. Town of Gilbert that requires a more “content
neutral” approach to sign regulations than is currently found in the Town’s regulations. To help
with this effort, the Planning Commission held a work session with the International Sign
Association (ISA) and created a sub-committee to review sign ordinances. From there, the Town
hired a nationally recognized sign consultant, Compass Point Consulting, who had produced
reports and presentations that helped lead discussions with the update. In February of 2017, the
Town Council appointed a Steering Group to provide input. The consultant spent three days
meeting with businesses, residents, and Town officials. This input resulted in a draft ordinance
that proceeded to external legal counsel to ensure it is compliant with the U.S. Supreme Court
ruling, and a second round of review and input from stakeholders.

On September 25th, the consultant met with individual Town Council members and the Planning
Commission held a work session to discuss key policy issues. The Architectural Review Board
held its own work session two days later. In addition, the consultant and staff met with other
decision makers, industry business owners, and Old Town Merchants Group to gather input

PLANNING COMMISSION REVIEW

On October 23, 2018 the Planning Commission held a work session on ZTA 2018-02 to review
the proposed updated language of Article 6 and definitions as contained in Article 12. During the
work session key policy decisions regarding commercial and noncommercial speech were
presented. The Planning Commission was comfortable with moving forward with the policy
guidance of including this distinction in the updated Article. The sign types, Historic District
Certificates of Appropriateness, illumination, master sign plans, and signs in sub-divisions were
Zoning Text Amendment ZTA 2018-02

also reviewed. The premise of “removing the speaker” from the Ordinance was emphasized.
Finally, the Planning Commission raised the subjects of wayfinding and enforcement.

On November 20th, the Planning Commission held a public hearing on the proposed Zoning
Ordinance updates related to signage. One person from the public spoke in favor of working with
the Town on instituting a wayfinding system in Old Town. The Planning Commission voted 6-0-
1 (Maas absent) to recommend approval of the proposed changes to the Town Council. (Please
note: Maas advocated prior to the meeting a position that all signage should be required to go
before the Architectural Review Board with no allowance for administrative approvals and
adding clauses to encourage biodegradable materials. The Planning Commission did not elect to
revise the draft ordinance before its vote to recommend approval to the Town Council.)

DRAFT ORDINANCE

The main goal of this update is an effort to bring the regulations into compliance with the
Supreme Court ruling. Wherever possible, the updated ordinance has remained effectively the
same as the current ordinance in terms of regulation. Where it has changed is in effort to provide
more flexibility, clarification, and, in some cases, more allowances. For example, there are slight
increases in the amount of building signage and window signage in the commercial and
industrial districts. There are now signage allocation incentives in the Historic District if people
choose to present comprehensive sign plans or use sustainable, biodegradable materials.

Below are key policy issues previously discussed:

Commercial and Noncommercial Speech Distinctions

The Supreme Court ruling was not decisive on whether sign regulations can contain a basic
distinction between signs with commercial speech versus noncommercial speech, as was allowed
prior to the Reed case. Examples of commercial speech signs are signs for events, real estate
signs, construction signs, and business identification signs. Examples of noncommercial speech
signs are political signs, self-expression signs, and other messages protected by Freedom of
Speech. According to the consultant, about 50% of jurisdictions are choosing to regulate with
commercial and noncommercial distinctions and about 50% are being extremely conservative in
their ordinances. To date, the lower court rulings have upheld jurisdictions ability to regulate
commercial and noncommercial speech signs differently as long as the regulations on
noncommercial speech signs is equal to or less restrictive than regulations on commercial speech
signs. Beyond that distinction, the Town cannot make further distinctions under those two
categories, which is why the draft does not show special provisions for real estate signs versus
special event signs. Both are examples of commercial speech signs. This draft works to be almost
completely content neutral. The one exception is a provision for commercial and non-
commercial.

2
Zoning Text Amendment ZTA 2018-02

In discussions with the decision makers, there was concern about the amount of allowable
signage currently contained in the ordinance being allowed in all circumstances due to the
removal of content language. It is natural for there is be frustration when descriptors cannot be
deployed in the ordinance language because it violates Reed. For example, when the consultant
takes into consideration all the potential types of temporary signage in residential areas, the
allowable square footage becomes quite high. Without content to specify types of signage, it
becomes nearly impossible to regulate when one does not know how long a house might be on
the market, or how many candidates a neighbor might support, or if there is a community garage
sale. There is an ongoing interest to allow for art and murals in Town, and many ideas were
explored including the creation of an Arts Commission. The consultant was extremely
forthcoming in explaining this is a policy decision for each community. It is essential to always
remove the “speaker” from the regulations.

The outcome of various meetings was to propose a commercial and noncommercial approach in
the draft ordinance for temporary signage. The benefits of the proposed approach will allow for
more control in the amount of allowable commercial signage and flexibility in noncommercial.
The unknown is how the Supreme Court would rule with such a case but again, so far, the lower
courts have continued to allow for this minimal content-based regulation.

Signage Types

Below is a synopsis of common signage types:

Building Signage – Building signage includes all awning, canopy, marquee, projecting,
suspended, or wall signs on each façade wall. All principal structures are allocated an
amount of building signage for the owner to have the flexibility to apply in a manner that
meets the need.

Window Signage – Currently window signage must be contained to 25% of the window.
In addition, the current ordinance is confusing to determine the permitted square footage.
The draft ordinance increases the amount of window signage in the non-residential
districts to 50%, except with Central Business District that remains 25%. The draft also
provides clarification on how window square footage is to be determined.

Freestanding/Monument Signs – Currently there is no ability for off-site signage. This

has raised a multitude of issues for businesses located in the back of business and
industrial parks. The draft ordinance works to find solutions for current and future
business owners by allowing for permanent signs at entries and requiring sign allocation
be addressed at time of subdivision.

Temporary Signs – as mentioned above, the proposed draft includes commercial and non-
commercial temporary signage. Temporary signage includes yard, banner, and sidewalk
signs. Sidewalk signs are permitted as they are in the current ordinance to the same size,

3
Zoning Text Amendment ZTA 2018-02

with the required four feet of sidewalk clearance, and location in proximity to the
building entrance. The draft clarifies language based on American with Disabilities
(ADA) requirements, public right of way, and liability issues.

Historic District

The direction from the input of business owner’s was clear for the Historic District: simplify the
process and add incentives. In researching multiple other jurisdictional approaches, the
consultant and staff developed the draft to incorporate flexibility with goals of a quicker process
and more creativity.

Process – All signage in the Historic District that meets the ordinance, Design Guidelines,
are illuminated externally, employ a historical color pallet from a recognized commercial
store, up to six square feet may be approved administratively. The exception is projecting
signs, which must go before the Architectural Review Board (ARB).

Incentives – There are several incentives to go before the ARB for sign approval. The
first being Alternative Review Materials language added to the draft. Currently, the
Design Guidelines are restrictive on materials. However, applicants may go before the
ARB with materials that may employ a new technology that meets the characteristics of
the Design Guidelines intent. In addition, the ARB will have the ability to review and
approve various types of lighting (described below). Finally, applicants may receive a
signage bonus if sustainable, biodegradable materials are used and/or they submit a
comprehensive sign plan for buildings.

Wayfinding – There are multiple provisions in the draft ordinance that will allow for a
wayfinding program to be created and implemented to give flexibility to the Town in
considering approaches to attach wayfinding to existing light poles, new support systems,
or building walls where authorized by the building owner.

Illumination

Historic District - In the Historic District illumination has been added as an option for
signage. Real neon and individual reverse-lit channel letters are added for ARB review. In
other areas, illumination remains the same as it is regulated now. There is clarifying
language related to neon and LEDs, as well as reference to meeting the standards as
found in Article 9-8- Lighting.

Electronic Message Center - Electronic Message Centers (EMCs) are a type of signage
that includes changeable messages and lighting. The draft ordinance allows this signage
with controls on size, location, brightness levels, and frequency of message change.

Master Sign Plan

4
Zoning Text Amendment ZTA 2018-02

An addition to the ordinance is the Master Sign Plan for large developments. This section seeks
to clarify the process of when, and under what conditions, a sign plan for a whole proposal is
required. This process will allow the Planning Commission to review the scale, type, and general
locations of proposed signage for developments meeting a threshold of more than 25 acres,
buildings with a cumulative floor area of more than 300,000 square feet, or a use of 50,000
square feet or more.

Sign Review as Part of a Subdivision

The draft ordinance provides a method of reviewing signs that are located at entry points of
subdivisions or phases of subdivisions. An applicant may propose one sign or potentially more
depending on the size and organization of a subdivision at entry points. The sign location will
have to be shown as part of the platting process and the allocation of sign area to individual lots,
regardless of the content, will have to be identified.

ZONING TEXT AMENDMENT (ZTA 2018-02)

The attached clean and redlined proposed Articles 2, 3, 6, 9, 11, and 12 to update the Town of
Warrenton signage regulations take into account the input from previous work sessions, meetings
with decision makers, legal review, and stakeholder outreach.

GENERAL PROVISIONS (Article 2): Add language to reference Article 6 under 2-21
Obstruction to Vision at Intersections Prohibited section.

ALLOWABLE DISTRICTS (Article 3): Rewrite/add language to reference Article 6 under 3-

5.3.4.2.6 Certificate of Appropriateness sign review process.

SIGNAGE (Article 6): Completely delete current Article 6 and replace in whole with the updated
language.

SUPPLEMENTAL USE REGULATIONS (Article 9): Rewrite/add language to reference Article

6 under 9-7.2.4 Home Businesses, 9-8.5 Lighting Plan Required, 9-8.7 Prohibitions, 9-19.3
permit and Application Requirements, and 9-19.6 Signs.

ADMINISTRATION (Article 11): Add language to reference Article 6 under 11-3.13 Sign
Review and 11-4.4 Non-Conforming Structures and Buildings.

DEFINITIONS (Article 12): Rewrite/add definitions to be consistent with Article 6.

The main goal of this update is an effort to bring the regulations into compliance with the
Supreme Court ruling. Wherever possible, the updated Ordinance has remained effectively the
same as the current Ordinance in terms of regulation. Where it has changed is in effort to provide
more flexibility, clarification, and, in some cases, more allowances. For example, there are slight
increases in the amount of building signage and window signage in the commercial and

5
Zoning Text Amendment ZTA 2018-02

industrial districts. There are now signage allocation incentives in the Historic District if people
choose to present comprehensive sign plans or use sustainable, biodegradable materials.

6
 S IGNAGE U PDATE
F REQUENTLY A SKED Q UESTIONS

Why is the Sign Ordinance being updated?

The US Supreme Court Reed v. Town of Gilbert, Arizona ruling necessitates jurisdictions across the country update
their sign regulations to be “content neutral.”

What is being changed?

This update is to ensure the Town’s sign regulations are consistent with the Supreme Court ruling by “removing the
speaker” from the ordinance. For example, previously there was a definition for temporary Real Estate Signs. This
is no longer allowed as one has to read the sign to determine it is selling a property. Instead, regulations are now
based on size, type (e.g. monument, building, window, etc), location, and time.

What is not changing?

For the most part, basic sign allowances and regulations are not changing. The new ordinance takes into account
existing sign allowances and transfers them to the updated language.

Yes, but I am sure something must be changing!

Well, yes. In addition to rewriting the regulations to be consistent with the Supreme Court there is additional
flexibility and clarity added. For example, there are now pictures to illustrate how signage is calculated. Flexibility
is added for placement of Building Signage (wall, projecting, awning, canopy, marquee, and suspended) by
allowing the end user to determine what types and sizes of signs make the most sense for their specific
circumstance. Clarification gives allowances for permanent signage when multiple drive through lanes exist. In
addition, there is an added provision to allow for one more monument sign when there is over 100 feet of frontage,
electronic message centers are permitted on a limited basis, and the allowance for window signs is being increased
from 25% to 50% in the non-residential zoning districts, located outside the Historic District.

OK, so no “Real Estate Sign” anymore. What about other temporary signage?
Temporary signs are called Sidewalk, Banner, and Yard signs. They are regulated by size and if they are located in a
residential or non-residential district. In general, the ordinance is not changing in allowances. As is in the current
ordinance, balloon, air activated, and feather signs are not allowed, nor are off-premise signage.

How does this impact the Historic District?

The Historic District sign regulations try to address several issues the community raised to encourage creativity. The
proposed ordinance now allows for a streamlined process to receive administrative Certificate of Appropriateness
approvals for signage, specific types of lighting, and “Alternative Review” that enables the Architectural Review
Board to approve sustainable material signage and provide bonus allocations in specific circumstances.

What happens to my existing signs?

Nothing, if they have been permitted properly under the existing ordinance and are in good condition. If you have
signs that are not permitted, you will need to either apply for a sign permit or remove the sign.

What else?
Signage is very site specific making it impossible to cover every scenario here. If you have questions, please visit
the Town Council’s December 11th meeting link on the Town’s website to review Article 6 at:
www.warrentonva.gov/government/town_council/meeting_agendas.php#

Hard copies of the proposed text amendment are also available at the front counter of the Community Development
Department located in the lower level of Town Hall at 18 Court Street, Warrenton.
 Article 2 General Provisions
Amended XXX, 2018

2-21 Obstruction to Vision at Intersections Prohibited

No shrubbery, sign, fence or other similar obstruction to vision between the heights of two and
one half (2.5) and ten (10) feet from the ground level shall be permitted within the distance
required to provide adequate sight distance to meet Virginia Department of Transportation
requirements and included in Article 6.
 Article 2 General Provisions
Amended XXX, 2018

2-21 Obstruction to Vision at Intersections Prohibited

No shrubbery, sign, fence or other similar obstruction to vision between the heights of two and
one half (2.5) and ten (10) feet from the ground level shall be permitted within the distance
required to provide adequate sight distance to meet Virginia Department of Transportation
requirements and included in Article 6.
 Article 3 Zoning Districts and Map

Amended by Town Council: March 11, 2008

February 12, 2013
April 12, 2016
June 14, 2016
August 9, 2016
XXX, 2018

3-5.3.4.2 Certificate of Appropriateness Required for New Construction,

Reconstruction, and Substantial Exterior Alteration.

Except as herein provided no building or structure, including signs,

shall be refaced, erected, reconstructed, restored, or substantially
altered in exterior appearance within a historic district and no permit
authorizing same shall be granted unless and until the same is
approved by the Architectural Review Board and a Certificate of
Appropriateness has been issued by that body, with right of direct
appeal to the Town Council as hereinafter provided, as being
architecturally compatible with the historical, cultural, and/or
architectural aspects of the structure and its surroundings.
"Substantial alterations" shall be defined as any and all work done on
buildings, structures, or sites in a historic district other than those
specifically exempted herein and other than the general examples of
"nonsubstantial" alterations cited herein. Examples of work
constituting "substantial alterations" include:
1. Construction of a new building at any location or a new accessory
building on a landmark or contributing property or on a site within
the Historic District adjacent to a designated landmark site.
2. Any addition to or alteration of a structure which increases the
square footage of the structure or otherwise alters substantially its
size, height, contour, or outline.
3. Any change or alteration of the exterior architectural style of a
contributing or landmark structure, including removal or rebuilding
of porches, openings, dormers, window sash, chimneys, columns,
structural elements, stairways, terraces, and the like.
4. Addition or removal of one (1) or more stories or alteration of a
roof line.

Updated October XXX 2018

5. Landscaping which involves major changes of grade or walls and
fences more than three-and-one-half (3.5) feet in height.
6. All signs on all structures shall be reviewed in accordance with
Article 6. Canopies or awnings with the business name or logo
upon it are considered signs and shall be reviewed.
a. Signs that meet the requirements pre-approved by the ARB
with the “Warrenton Historic District Criteria & Standards for
Administrative Approval of Signs” may be authorized by
permit through the Planning Director’s office without ARB
approval.
b. Pre-approved signs shall be designated by the ARB and shall
be in full compliance with the Historic District Guidelines and
Zoning Ordinance requirements.
7. Any other major actions not specifically covered by the terms of
this section but which would have a substantial effect on the
character of the historic district.
8. Erection of awnings, canopies, and similar appurtenances shall be
reviewed.
9. Placement of window air conditioners on the front of commercial
buildings only shall be reviewed. Central air conditioning units on
residential and commercial buildings shall be reviewed. Placement
of exhaust fans shall be reviewed.
In any case in which there might be some question as to whether a
project may be exempted from review, may constitute a minor action,
or may constitute "substantial alteration," the Zoning Administrator
shall be contacted for a written determination prior to commencement
of work.
“Unsubstantial Alterations” shall include:
1. Work done to prevent deterioration or to replace parts of a
structure with similar materials in order to correct any
deterioration, decay of, or damage to any structure or on any part
thereof, or
2. To restore same as nearly as practical to its condition prior to such
deterioration, decay, or damage.
3. Those minor actions exempted from review by Section 3-5.3.4.1.

Updated October XXX 2018

 Article 3 Zoning Districts and Map

Amended by Town Council: March 11, 2008

February 12, 2013
April 12, 2016
June 14, 2016
August 9, 2016
XXX, 2018

3-5.3.4.2 Certificate of Appropriateness Required for New Construction,

Reconstruction, and Substantial Exterior Alteration.

Except as herein provided no building or structure, including signs,

shall be refaced, erected, reconstructed, restored, or substantially
altered in exterior appearance within a historic district and no permit
authorizing same shall be granted unless and until the same is
approved by the Architectural Review Board and a Certificate of
Appropriateness has been issued by that body, with right of direct
appeal to the Town Council as hereinafter provided, as being
architecturally compatible with the historical, cultural, and/or
architectural aspects of the structure and its surroundings.
"Substantial alterations" shall be defined as any and all work done on
buildings, structures, or sites in a historic district other than those
specifically exempted herein and other than the general examples of
"nonsubstantial" alterations cited herein. Examples of work
constituting "substantial alterations" include:
1. Construction of a new building at any location or a new accessory
building on a landmark or contributing property or on a site within
the Historic District adjacent to a designated landmark site.
2. Any addition to or alteration of a structure which increases the
square footage of the structure or otherwise alters substantially its
size, height, contour, or outline.
3. Any change or alteration of the exterior architectural style of a
contributing or landmark structure, including removal or rebuilding
of porches, openings, dormers, window sash, chimneys, columns,
structural elements, stairways, terraces, and the like.
4. Addition or removal of one (1) or more stories or alteration of a
roof line.

Updated XXX 2018

5. Landscaping which involves major changes of grade or walls and
fences more than three-and-one-half (3.5) feet in height.
6. All signs on all structures shall be reviewed in accordance with
Article 6.
7. Any other major actions not specifically covered by the terms of
this section but which would have a substantial effect on the
character of the historic district.
8. Erection of awnings, canopies, and similar appurtenances shall be
reviewed.
9. Placement of window air conditioners on the front of commercial
buildings only shall be reviewed. Central air conditioning units on
residential and commercial buildings shall be reviewed. Placement
of exhaust fans shall be reviewed.
In any case in which there might be some question as to whether a
project may be exempted from review, may constitute a minor action,
or may constitute "substantial alteration," the Zoning Administrator
shall be contacted for a written determination prior to commencement
of work.
“Unsubstantial Alterations” shall include:
1. Work done to prevent deterioration or to replace parts of a
structure with similar materials in order to correct any
deterioration, decay of, or damage to any structure or on any part
thereof, or
2. To restore same as nearly as practical to its condition prior to such
deterioration, decay, or damage.
3. Those minor actions exempted from review by Section 3-5.3.4.1.

Updated XXX 2018

 Article 6 Sign Regulations

Amended by Town Council: February 12, 2013

XXX, 2018

Contents (Sections)
6-1 General Provisions
6-1.1 Legislative Intent
6-1.2 Applicability
6-1.3 Sign Permit Required
6-1.4 Signs for Which a Permit is Not Required
6-1.5 Signs Permitted in All Districts
6-1.6 Signs Prohibited in All Districts
6-1.7 Measurement of Signs
6-1.8 Illumination
6-1.9 Setback
6-1.10 Obstruction of Vision
6-1.11 Landscaping and Lighting [see Articles 8 and 9]
6-2 Sign Regulations By Use, Sign Type And District
6-2.1 General Regulations for All Signs in Any District
6-2.2 Summary of Sign Regulations
6-2.3 Sign Regulations for the R-40, R-E, R-15, R-10, R-6 Residential Districts
6-2.4 Signs Regulations for the RT, RMF, and PUD Districts
6-2.5 Signs Regulations for the RO, PSP and CBD Districts
6-2.6 Signs Regulations for the C District
6-2.7 Signs Regulations for the I District
6-2.8 Signs Regulations for the HD District
6-2.9 Signs Regulations for the FPD District
6-3 Administrative Provisions
6-3.1 Sign Permits and Application Process
6-3.2 Construction, Maintenance and Removal
6-3.3 Nonconforming Signs

6-1 Updated December 2017

 Article 6 Sign Regulations

6-1 General Provisions

6-1.1 Legislative Intent

This Article is intended to regulate the design, construction, location, size, and height of
all signs placed for exterior display. These regulations are intended to promote and
protect the public health, safety and welfare and further the goals of the Comprehensive
Plan by enabling the public to locate goods, services and facilities without difficulty or
confusion; protecting and enhancing property values; facilitating the creation of a
convenient, orderly, attractive and harmonious community; protecting the scenic, natural
and historic character of the Town; promoting traffic safety by preventing obstructions
within public rights-of-way, minimizing visual distractions to motorists, ensuring that
sign size and height are appropriate to their location, and preventing conflicts with public
safety signs and police and fire protection; protecting the safety of people and property
against sign hazards due to collapse, decay or abandonment; and permitting signs that are
appropriate to the planned character and development of each zoning district.

6-1.2 Applicability

These regulations shall apply to the construction, display, erection, alteration, installation,
use, relocation, replacement and reconstruction of all signs placed for public display
within the Town of Warrenton. The message content of signs is not regulated by this
Ordinance.

Any sign authorized by this ordinance is allowed to contain any otherwise lawful
noncommercial content in lieu of any other content.

6-1.3 Sign Permit Required

6-1.3.1 Except as provided for herein, no sign may be constructed, displayed, erected,
altered, installed, used, relocated, replaced or reconstructed until a Sign Permit
has been issued by the Zoning Administrator and, where applicable, approved by
the Architectural Review Board (ARB), in accord with the provisions of this
Ordinance.

6-1.3.2 Signs are accessory uses to be associated with principal uses provided for by this
Ordinance. All signs shall be located on the same lot with the principal use to
which they pertain. Failure to adhere to the requirements of this Ordinance voids
any permit approval, requiring removal of the sign or structure.

6-2 Updated December 2017

6-1.4 Signs for Which a Permit is Not Required

No permit shall be required for the following signs; however, this exemption does not
exempt such signs from compliance with all other applicable regulations of this
Ordinance.

The following types of signs may be displayed in any district, in addition to signs
permitted in each district, and the area of any of the following signs shall not be included
in computing the aggregate sign area permitted in any district, unless otherwise indicated.

6-1.4.1 Temporary Real Estate Signs Advertising Single Residential Properties

Any such sign shall be located on the lot being offered for sale, may not exceed
six (6) square feet in area, and may not be illuminated.

6-1.4.2 Temporary Real Estate Signs Advertising Multiple-Unit or Multiple-Lot

Properties.

Any sign advertising the availability of dwelling units or other space for rent in
any multiple unit building or any multiple unit building group may be displayed
for as long as such units are available for rent.

Any such sign is subject to the following restrictions:

1. No more than one (1) sign is erected on the land or building.

2. The sign is not illuminated.
3. The sign does not exceed fifty (50) square feet in area.
4. The sign does not exceed eight (8) feet in height.
5. The sign is not less than twenty (20) feet from any existing or proposed street
or adjacent property.

The sign shall be removed upon completion of building development or within

three (3) days of the final sale of building lots or lease of space.

6-1.4.3 Temporary Private Yard Sale Signs

Such signs may not exceed two (2) per site, nor more than six (6) square feet in
area per sign. Such signs may not be displayed for more than seventy-two (72)
hours, and shall be removed within twenty-four (24) hours after the conclusion of
the sale.

6-1.4.4 Temporary Sale, Event or Promotional Advertising Signs

6-3 Updated December 2017

 Such signs include, but are not limited to, those that are affixed to or clearly
visible through windows in commercial establishments and that advertise the sale
or promotion of specific products, services or events.

The aggregate of all such signs at a given establishment may not cover more than
seventy-five (75) percent of the total window area on any given side of an
establishment.
Such signs shall be temporary in construction, materials and method of
attachment and shall be removed within three (3) days following the sale, event
or promotion.

6-1.4.5 Temporary Signs Advertising the Opening or Closing of a Nonresidential Use

Such signs may not exceed twenty-four (24) square feet in area.
Such signs may be displayed for no more than forty-five (45) days and shall be
removed within three (3) days following the event.

6-1.4.6 Temporary Signs Denoting the Architect, Engineer, or Contractor When Placed
Upon Work Under Construction.

Such signs may not exceed six (6) square feet in area per project. Such signs
may not be illuminated, may not be placed not less than twenty (20) feet from
any street or adjacent property, may not exceed eight (8) feet in height, and shall
be removed within 24 hours of completion of the project.

6-1.4.7 Professional Nameplates

Professional nameplates may not exceed two (2) square feet in area, and shall be
placed flat upon the wall of the building.

6-1.4.8 Official Notices or Advertisements of the Court

Such signs shall be posted or displayed by or under the direction of a court

officer in the performance of his official or directed duties or by trustees under
deeds of trust, deeds of assignment, or other similar instruments. Any such sign
shall be removed no later than seven (7) days after the last day it is required to be
displayed.

6-1.4.9 Informational or Directional Sign, Commemorative Plaque, or Historic Marker

Erected by a Public Agency

Such signs may not exceed twelve (12) square feet in area.

6-4 Updated December 2017

6-1.4.10 Security and Warning Signs

Signs warning the public against hunting, fishing, swimming, the presence of
dangerous animals, or trespassing on the land on which the sign is displayed
shall not exceed two (2) square feet in area, and may not exceed an average of
one such sign per fifty feet of property boundary.

6-1.4.11 Handicapped Parking Space Signs

Such signs shall be as required by this Ordinance and installed to meet the
specifications of the Town of Warrenton Public Facilities Manual.

6-1.4.12 Changing of Message Content of Signs.

No permit is required to change the message content of a sign provided that all
other regulations of this Ordinance are met.

6-1.4.13 Flags, Emblems, and Insignia of Any Governmental Agency or Religious,

Charitable, Public, or Non-Profit Organization

No single flag may exceed fifty (50) square feet in area and no single lot or
business may display more than three (3) such flags.

If the total area of such flags exceeds 75 square feet on site, the excess area
shall be included in the sign area calculations for the lot.

One flag denoting that a business is open may be displayed in addition to the
other flags allowed by this provision. Such flags, when hanging over a
sidewalk or public area for pedestrians may not be less than eight (8) feet in
height above such area at the lowest part of the flag and may not exceed 12
square feet in area.

6-1.4.14 Signs Denoting Private Drives or Addresses

Such signs shall be limited to one (1) per drive entrance, and may not exceed
two (2) square feet in area.

6-1.4.15 Identification Signs in Any R District

Such signs may not exceed two (2) square feet in area.

6-1.4.16 Refacing a Conforming Sign

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 No permit is required to reface or repair a conforming sign.

6-1.4.17 Hours of Operation Sign

A sign indicating an establishment is open for business and/or showing hours

of operation shall be located on the front door or in a front window of a
business and may not exceed two square feet in area.

6-1.4.18 Signs displayed by the Town, or authorized by the Town pursuant a Master
Sign Plan for the purpose of giving directions to business districts, new
subdivisions under construction and commercial facilities for the convenience
of the traveling public; provided that no such sign may give direction or
distance to any specific business establishment. Such signs may not exceed
thirty-two (32) square feet in area, and eight (8) feet in height. Entryway signs
erected by the Town may not exceed, fifty (50) square feet.

6-1.4.19 Signs of a constituted governmental body, state, or local agency, placed to

inform the public, or to warn the public of dangers, emergencies, and the like,
including traffic signs, railroad crossing signs, and other similar informational
signs, as approved by the Zoning Administrator.

6-1.5 Signs Permitted in All Districts

The following types of signs are permitted in all districts upon obtaining a sign permit
from the Zoning Administrator, in accord with this Ordinance and in addition to those
signs permitted in a particular district under the provisions of this Article. The area of
any such signs shall not be included in computing aggregate sign areas specified for the
districts.

6-1.5.1 Political Campaign Signs

Such signs (including banners) include those of any political campaign

announcing the candidacy of any individual for any nomination or office. Such
signs may not exceed eight (8) square feet in area or six (6) feet in height.

6-1.5.2 Temporary Signs and Banners for Fairs and Carnivals

Such signs include those advertising only the name, time, and place of any fair,
carnival, festival, bazaar, horse show, or similar event conducted within the
Town by a public agency or for the benefit of any civic, fraternal, religious, or
charitable cause.

6-6 Updated December 2017

 No such sign may be displayed except on the site of the event to which it
pertains.

Such signs may be erected no more than thirty (30) days prior to the event and
shall be removed within three (3) days after the last day of the event to which
they pertain. Individual signs may not exceed sixty (60) square feet in area.

6-1.5.3 Directional Signs for Churches and Community Buildings

Such signs may be no more than six (6) square feet in area.
Such directional signs may not be illuminated except by indirect lighting.
Such signs may not exceed one (1) per street nor more than a total of three (3) for
each building or associated group of buildings.

6-1.5.4 Neighborhood or Community Identification Signs

An identification sign, no more than six (6) feet in height and twenty (20) square
feet in area, including the sign structure or framing, may be displayed to identify
an established neighborhood or community.

Such a sign shall be limited to the name of the neighborhood or community and
the location of significant features within the same.

Such a sign may be displayed at each entrance to the neighborhood or

community with no more than one (1) sign per entrance.

6-1.5.5 Parking Lot Signs

Such signs may be displayed in a parking lot to identify entrances, exits, and
divisions of the lot into sections; to control vehicular and pedestrian traffic in the
lot; and to direct exiting traffic to collector or arterial highways or points of
interest within the town. No such sign may exceed four (4) square feet in area.

6-1.5.6 Community Bulletin Boards

Signs or bulletin boards customarily incident to places of worship, schools,

libraries, museums, social clubs, or societies shall not exceed fifteen (15) square
feet on each face or have an aggregate area in excess of thirty (30) square feet.
Such signs or bulletin boards may be lighted only indirectly.

6-1.5.7 Internal Directional or Identification Signs

One (1) such sign is permitted per building or per loading door.

6-7 Updated December 2017

 Such signs shall be located to enable them to be read from parking lots, loading
areas, or walkways within the site of a group of related buildings or uses and may
state the use, name, or occupancy of the building or use.

Such signs may not exceed eight (8) square feet in area, nor eight (8) feet in
height.

Such signs may be lighted only indirectly.

6-1.5.8 Directory Signs

Such signs may be indirectly lighted or unlighted. Such signs may be for the
purpose of directing the public to and identifying the occupants or tenants of a
building, their location in the building and their occupation.

The letters in such directory signs may not exceed one (1) inch in height. Each
border and frame, if any, may not exceed six (6) inches in width. Each face may
not exceed fifteen (15) square feet. The aggregate area may not exceed thirty
(30) square feet.

6-1.6 Signs Prohibited in All Districts

The following signs are expressly prohibited unless specifically stated otherwise in this
Ordinance:

6-1.6.1 Off-premises signs.

6-1.6.2 Portable signs

This prohibition shall not apply to signs painted or displayed on an operable

commercial vehicle which is regularly used as a delivery, service, or
transportation vehicle.

6-1.6.3 Roof signs.

6-1.6.4 Simulated traffic signs.

Simulated traffic signs or any sign which may be confused with or obstruct the
view of any authorized traffic sign or signal.

6-1.6.5 Animated signs

6-8 Updated December 2017

 This prohibition shall not apply to the hands of a clock, a weather vane, or flags
meeting the requirements of Article 2.

6-1.6.6 Changeable Copy Signs

Such signs shall include those which have removable elements designed for
frequent changing of the message, but shall not include approved institutional
bulletin boards, theater signs and fuel price signs as permitted by this Zoning
Ordinance.

6-1.6.7 Flashing Signs, except signs displaying time, temperature, traffic or other public
safety information.

6-1.6.8 Signs Causing Glare

Signs with light sources of such brightness as to constitute a hazard or nuisance

to nearby residents, pedestrians, or motorists.

6-1.6.9 Strings of Lights

Lights outlining property lines, sales areas, products, or any portion of a

structure, unless part of an approved sign or sign structure. This prohibition shall
not apply to seasonal decorations.

6-1.6.10 Signs Affixed to Trees or Other Features

Signs affixed to trees, other vegetation, rock outcropping, or other natural

feature, utility poles, curbstone, sidewalk, lamppost, hydrant, bridge, highway
marker or other signs or any other unapproved supporting structure except
official notices or announcements as provided in Section 6-1.4.

6-1.6.11 Hazards

Signs that obstruct the visibility at intersections or block any door, fire escape,
stairway, or any opening intended for light, air, or access to or egress from any
building.

6-1.6.12 Signs in the Public Right of Way

Signs placed on, within or over the public right-of-way, except those placed by
a public agency or body.

6-1.6.13 Home Occupation Signs

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 6-1.6.14 The use of neon for the accentuation of the structure or building elements,
other than the sign itself.

6-1.6.15 Projecting Signs

Any sign that projects beyond a lot line; any sign that overhangs and has a
minimum clearance of less than eight (8) feet above a walkway or sixteen (16)
feet above a driveway, alley or travel lane; any sign that projects more than
four (4) feet from the building to which it is attached, or that extends above the
roof line

6-1.6.16 Signs Higher Than Buildings

Any sign erected to a height higher than the maximum building height allowed
in the respective zoning district, or higher than the building to which the sign
pertains.

6-1.6.17 Searchlights

6-1.7 Measurement of Signs

6-1.7.1 Measurements of Sign Area.

The area of a sign shall be that area contained within the outside measurement of
the perimeter of the display area of the sign, including lighting but excluding
supports or sign background whether lighted or not. The area of a sign with two
sign faces shall be computed according to the following:

1. If the sign faces are separated by an interior angle of 45 degrees or greater,

all faces shall be included in computing the area of the sign.
2. If the sign faces are separated by an interior angle that is less than forty-five
degrees, the area of one face shall be used when the two faces are equal in
area. The area of the larger face shall be used when the two faces are unequal
in area.
3. If the sign faces are parallel to one another, the area of one face shall be used
when the interior distance or space between the two faces is twenty-four (24)
inches or less. The area of all faces shall be used when the interior distance
or space between the two faces is greater than twenty-four (24) inches.

6-1.7.2 Measurement of Allowable Sign Area

Supports, uprights or structure on which any sign is supported shall not be

6 - 10 Updated December 2017

 included in determining the sign area unless such structural elements form an
integral background of the display.

In instances where there are multiple tenants or users on a property or in a

building, allowable sign area for all parties shall not exceed the maximum sign
area computed as if there were a single tenant or user, plus ten (10) percent of
that area per each additional tenant.

6-1.7.3 Measurement of Setback

All required setbacks for signs shall be measured as the distance in feet from the
lot line.

6-1.7.4 Measurement of Height (Calculation of freestanding sign height)

1. Where the sign location lies below the road elevation nearest to it, the sign
height shall be measured from the road grade of the nearest travel lane to the
top of the highest attached component of the sign structure.
2. Where the sign location lies above the road elevation nearest to it, the sign
height shall be measured from the normal finished grade of the site to the top
of the highest attached component of the sign or structure. Artificially
increasing the height of the sign by berming or mounding dirt or other
material at the sign base is prohibited. If the normal grade cannot reasonably
be determined, sign height shall be computed on the assumption that the
elevation of the normal grade at the base of the sign is equal to the elevation
of the nearest point of the crown of a public street or the grade of the land at
the principal entrance to the principal structure on the premises, whichever is
lower. If the land is uneven, an average elevation shall be used at the base of
the sign. Signs on building roofs, towers or other rooftop appendages are
prohibited.

6-1.8 Illumination

6-1.8.1 Glare is Prohibited

Where illuminated signs are permitted, all exposed incandescent lamps used to
illuminate ground signs, painted signs, or wall signs shall be equipped with
reflectors or other devices arranged so as to concentrate the illumination upon the
area of the sign and prevent glare. Lighting design shall be such that no excess
light spill or glare occurs. No light from any illuminated sign shall cause non-
reflected light from the fixture to shine onto any adjoining property or public
right-of-way.

6 - 11 Updated December 2017

 The illumination of signs shall conform with the requirements for lighting as set
forth in Section 9-8 of this Ordinance.

6-1.8.2 Illumination Near Residential Districts

Illumination of any advertising sign in a C or I district located within three

hundred (300) feet of any R district, shall be extinguished between the hours of
12:00 midnight and 7:00 a.m. except for any time during that period when the use
is legally open for business. Illuminated signs shall not be located within 50 feet
of a residential zoning district boundary.

6-1.8.3 Illumination Details are Required

Details of any illumination proposed as part of a sign must be provided by the

applicant with the sign permit application.

6-1.8.4 Sign Illumination Level

The average level of illumination on the face or vertical surface of any sign shall
not exceed 1 foot-candle at the property line.

6-1.8.5 Externally Illuminated Signs

1. Light fixtures illuminating signs shall be located, aimed and shielded so that
light is directed only onto the sign face and is prevented from creating glare
or light shining into motorist or pedestrian field of vision. Shielding shall be
accomplished with architectural elements, landscaping, and/or specific
lighting components, such as shields or louvers.
2. The light fixture shall be designed to prevent light spill into the sky and shall
not be aimed toward adjacent streets or properties.

6-1.8.6 Internally Lighted Signs.

1. The sign shall consist of light lettering, symbols and logo on an medium to
dark colored or similar background that does not produce glare.
2. Light sources internally illuminating signs shall be located, aimed and
shielded so that light is directed onto the message only. Shielding shall be
accomplished with architectural elements and/or specific lighting
components, such as shields or louvers within the sign. Lettering or symbols
shall constitute no more than forty percent of the surface area of the sign.

6-1.9 Setback

6 - 12 Updated December 2017

 No sign may be placed within a required side yard, within common open space or within
ten (10) feet of the adjacent street curb or at the property line, whichever is greater -
unless a different requirement is specified in other sections of this Ordinance. No sign
shall be placed in a location or manner that creates a visual barrier or hazard to traffic.

6-1.10 Obstruction of Vision

No sign, except for authorized traffic signs, may be erected at the intersection of any
street in such a manner as to obstruct a motorist’s or pedestrian’s vision between two and
one-half (2 1/2) and eight (8) feet in height; or at any location where it may interfere
with, obstruct the view of or be confused with any authorized traffic sign.

6-1.11 Landscaping and Lighting [see Articles 8 and 9]

All landscaping and lighting of signs shall conform with the provisions of Articles 8 and
9 of this Ordinance.

6-2 Sign Regulations By Use, Sign Type And District

6-2.1 General Regulations for All Signs in Any District

1. Signs Visible from the Exterior

Any sign of a permanent nature painted on, attached to, or placed within three (3) feet
of an exterior door, window or other transparent building façade element, in such a
way as to be visible from the public right-of-way or from adjacent properties, shall be
considered a sign meant for external observation and included in sign area
calculations.

2. Vision Clearance

No sign, temporary or otherwise, may be placed or located so as to conflict with or

impair line of sight for turning movements on or onto public streets or conflict with
the vision clearance or other requirements of this Ordinance or applicable traffic
ordinances.

3. Freestanding sign

Except for the shopping center or industrial park sign as permitted herein, no
freestanding sign may be erected with a total length greater than fifteen (15) feet or
total height greater than twenty (20) feet. The thickness between the faces of any
freestanding sign may not exceed two (2) feet. If illuminated, it shall be by indirect
or internal lighting methods only.

6 - 13 Updated December 2017

 Freestanding signs shall be prohibited for individual uses.

Freestanding signs are prohibited in the Historic District.

4. Wall sign

No wall sign, except those painted on windows and doors, may be erected less than
eight (8) feet above the sidewalk or ground, exclusive of professional name and
office identification plates installed flush against the wall as specified in Section 6-
1.4.7 of this Article; nor extend above the parapet of the main building to which it is
attached; nor beyond the vertical limits of such building. No wall sign letter may
exceed twenty-four (24) inches in height, provided however, that the Zoning
Administrator may approve a letter height of not more than forty-eight (48) inches for
one (1) or more letters if remaining letters are reduced in size to maintain overall
scale. If illuminated, it shall be by indirect or internal lighting methods.

5. Projecting sign

No projecting sign erected over a sidewalk or public area for pedestrians may be less
than eight (8) feet in height above such area at the lowest part of the sign. It may not
extend above the roof or parapet wall to which it is attached. No such sign or part
thereof shall extend nearer the curb line of any street or walk than two (2) feet. No
such sign erected over a public access way or alley may be less than sixteen (16) feet
above the level of such accessway or alley. If such projecting sign is illuminated it
shall be by indirect lighting methods.

6. Permanent Window Signs

Window signs are a form of a wall sign and shall be included in the permitted wall
sign area. No permanent window sign shall exceed twenty-five (25) percent of the
window area. No permanent window sign may have an area exceeding twenty-five
(25) square feet. The maximum height for any letter or figure on any window sign
may not exceed twenty-four (24) inches in height.

7. Painted signs

Painted signs are a form of wall sign and shall meet the requirements for wall signs
within the respective zoning district. No letter or figure on any painted sign may
exceed twenty-four (24) inches in height, provided however that the Zoning
Administrator may approve a letter height of not more than forty-eight (48) inches for
one (1) or more letters if remaining letters are reduced in size to maintain overall
scale.

6 - 14 Updated December 2017

8. Shopping Center or Industrial Park Sign

One (1) freestanding or monument sign is permitted at each major entrance of a

shopping center or industrial park. Such a sign shall display only the name of the
shopping center or industrial park. Except as provided below, such a sign for a
shopping center may not exceed ninety (90) square feet in area and twenty (20) feet
in height for a freestanding sign and fifteen (15) feet in height for a monument style
sign. Such a sign for an industrial park may not exceed seventy-five (75) square feet
and fifteen (15) feet in height for an industrial park, regardless of style.

Individual tenants may be listed on such sign provided that the sign is limited to not
more than 50% of the area of such a sign for the individual tenant listings.

Signs for individual businesses or industries are permitted on individual buildings or

units within shopping centers and industrial parks, and shall meet the requirements
for their respective zoning district, as provided in this Article. Sign areas for such
signs do not count against permitted sign area for individual tenants, but individual
tenant signs shall be limited to wall or monument signs on the particular buildings or
units to which such sign pertains. Signs shall be compatible with one another
throughout the shopping center or industrial park, demonstrating a similarity of
materials, letter sizes, colors, sign area, and sign placement with respect to major
building elements.

9. Directory Signs

Directory signs provide information on the name and location of offices, shops, or
other uses within the building for multi-use buildings, and are located adjacent to
main building entrances and mounted flush to the wall. Such signage is meant to
replace individual signs, for each use within the building, and should be designed to
use removable panels, or a similar feature, for ready modification when a use is
discontinued. Individual letters may not exceed one (1) inch in height and the
directory sign may not exceed a total sign area of thirty (30) square feet. In the
Central Business District, the Architectural Review Board may approve other
permitted signs for retail spaces that front on a street in multi-use buildings.
However, the Architectural Review Board may not approve more square footage of
signage (sign area) than that permitted by this ordinance.

10. Signs for Gasoline Stations

Automobile service and gasoline stations shall comply with all applicable sign
regulations within this Article, provided, however, the following additional
regulations shall apply:

6 - 15 Updated December 2017

 1. Changeable Fuel Price Signs. No freestanding fuel price signs are permitted.
Monument signs may include changeable fuel price signs indicating the current
price of fuel dispensed on the premises, provided the fuel price sign is erected as
an integral part of the monument sign. The area of the fuel price sign shall be
included in determining the sign area for the business.
2. Gas Pump Signs. Each gas pump is permitted a total of one (1) square foot of
sign area to identify the product dispensed.
3. Portable signs. Each gas pump island is permitted a total of one (1) such sign,
not to exceed twelve (12) square feet.
4. Canopy Signs. Any canopy that includes signage, logo or promotion of the
business shall be subject to the same limitations as a freestanding sign including
the area subject to the maximum area for wall signs, limitation of the canopy
height in accordance with the limitations of a freestanding sign and restriction of
illumination to indirect or internal lighting only. The use of a logo or brand logo
shall be limited to fifteen (15) square feet in area and limited to each side facing a
public street.
5 Full or Self-Service Signs. A total sign area of eight (8) square feet is permitted
per pump island, identifying it as either “self-service” or “full-service”. These
signs shall be attached to the supports of the canopy and shall not count against
the aggregate sign area for the business.
6. State Inspection Sign: One (1) state inspection sign, not to exceed four (4) square
feet may be attached to the building.
7. Emission Control Inspection Sign: One (1) emission control inspection sign, not
to exceed four (4) square feet may be attached to the building.

11. Theater Marquees

Theaters are permitted to erect one of the permitted wall or marquee signs with a
changeable copy board displaying the titles and show times of the current motion
pictures. No such sign area may exceed an area of one hundred (100) square feet or
ten (10) percent of the area of the wall on which it is placed, whichever is less.

12. Menuboard Signs

Restaurants that have a drive-through permitted under the regulations of this

ordinance are permitted to erect three (3) menuboards in addition to a permitted
ground or monument sign. Individual menuboard signs may not exceed twenty-four
(24) square feet in area and eight (8) feet in height. If illuminated, it shall be by
indirect lighting methods.

13. Downtown Directory Signs

6 - 16 Updated December 2017

 Businesses located in the Central Business District and not located on Main Street,
may place a sign on a wall of a building on Main Street, if permitted by the property
owner. Such signs shall be mounted flush to the wall, providing information of the
existence of and location of offices, shops or other uses. These signs shall only
identify businesses by type and not by name, and advertising businesses shall
combine their respective signs into one directory sign.

The maximum sign area for such signs shall be limited to eighteen (18) square feet;
however, the Architectural Review Board or Planning Commission may require
smaller signs where necessary to meet the purposes of the Historic Overlay District.

14. Churches and other places of worship signs in residential districts

Churches and other places of worship in a residential district may erect one sign. An
additional sign may be erected on each adjacent street frontage of 100 feet or more,
with a maximum sign area of twenty-four (24) square feet for each sign. Such signs
shall be monument signs or may be mounted on a wall. Any monument sign may
have a maximum height of eight (8) feet. Message content may be changed without
additional authorization.

6-2.2 Summary of Sign Regulations

Summary of Permitted Signs by Zoning District

R-40, R-E, RT, RMF RO, PSP

Sign Type C LI
R-15, R-10, R-6 and PUD and CBD
Directional Yes Yes Yes Yes Yes
Directory No No Yes Yes Yes
Freestanding No No No Yes No
Industrial Park No No No No Yes
1
Monument Yes Yes Yes Yes Yes
Painted Yes Yes Yes Yes Yes
Portable No No No No No
Projecting Yes Yes Yes2 Yes No
Roof No No No No No
Sandwich Board No No Yes Yes No
Shopping Center No No No Yes No
Wall Yes Yes Yes Yes Yes
Window Yes Yes Yes Yes No

6 - 17 Updated December 2017

 1
If there are no projecting signs on the premises
2
If there are no ground or monument signs on the premises
3
Except as provided in Section 6-2.1, sign regulations within the HD Overlay
District are the same as for the underlying base district, except that a Certificate of
Appropriateness is required (Section 6-2.8)
4
Signs regulating within FPD Overlay District are the same as for the underlying
base district.

Summary of Permitted Sign Dimensions by Zoning District

Maximum
District Maximum Area Minimum Setback
Height
R-40, R-E, R-15, Half the setback req’d of
R-10, R-6 8 feet Total 8 square feet per lot main bldg.;
All signs: 25 feet from side lot line.
RT, RMF, PUD1 10 feet from street;
6 feet Total 8 square feet per lot
All signs: 10 feet from side lot line.
RO, PSP and CBD
Monument signs: 8 feet Total 32 sq. ft. per sign; 10 feet from street right-
Not more than one ground sign per of-way in RO and PSP;
lot, except lots with 100 feet or At the street right-of-
more of street frontage1; way in CBD;
25 feet from side or rear
property line when
adjacent to an R district.
Wall and painted Not lower than Not more than 3 in number;
signs: 8 ft; not higher Aggregate area of 100 sf or 10% of
than parapet wall area, whichever is less
Projecting signs: 1 for each business on premises;
Aggregate area of 32 square feet
Sandwich Board: 9 sq. ft. for each face 5 feet from side lot line;
At least 4 feet of clear
sidewalk maintained
Window and
In accord with Sections 6-2.1.6 and 6-2.1.9
Directory:
1
commercial signs permitted in accord with requirements for the C district
2
on corner lots with street frontages of 100 feet or more, one ground sign per street frontage is permitted, but in
no case more than four. Any such signs in excess of one sign shall not exceed 12 square feet.

6 - 18 Updated December 2017

 Summary of Permitted Sign Dimensions by Zoning District (continued)

District Maximum Height Maximum Area Minimum Setback

C
Monument signs: 8 feet Total 60 sq. ft. per sign; 25 feet from side or rear
For combined three or more property line when
contiguous businesses up to 75 adjacent to an R district;
sf;
Not more than one monument
sign per lot, except lots with
100 feet or more of street
frontage2
Freestanding signs: 20 feet Total 40 sq. ft. per sign; 25 feet from side or rear
For combined three or more property line when
contiguous businesses up to 60 adjacent to an R district;
sf.;
Not more than one monument
sign per lot, except lots with
100 feet or more of street
frontage2
Shopping center sign: 20 feet 90 sq.ft. without tenant
(freestanding) listings;
15 feet (monument) 60 sq. ft. with tenant listings
Window and
In accord with Sections 6-2.1.6 and 6-2.1.9
Directory:
L
Monument signs: 8 feet Total 50 sq. ft. per sign; For
combined three or more
contiguous businesses up to 75
sf;
Not more than one monument
sign per lot, except lots with
100 feet or more of street
frontage2;
Wall and painted 1 for each wall fronting on a
signs: street; shall not exceed 100
sq.ft. or 10% of area of wall on
which it is placed, whichever
is less.
2
on corner lots with street frontages of 100 feet or more, one ground sign per street frontage is permitted, but in
no case more than four. Any such signs in excess of one sign shall not exceed 12 square feet.

6 - 19 Updated December 2017

L (Continued)
Projecting signs: Permitted if there are no other
signs; 1 for each business on
the premises and limited to 50
sq. ft.
Industrial Park sign: 15 feet 75 sq.ft. with or without tenant
listings
Directory In accord with section 6-2.1.9

HD Same as underlying base zoning district;

Signs require Certificate of Appropriateness from ARB
FPD Same as underlying base zoning district

6-2.3 Sign Regulations for the R-40, R-E, R-15, R-10, R-6 Residential Districts

6-2.3.1 In addition to the regulations set forth in Section 6-1 and 6-2.1 above, the
following sign regulations shall apply to the R-40, R-E, R-15, R-10, and R-6
Zoning Districts. Only the following signs are permitted:

1. Monument
2. Wall (also see section 6-2.1.4)
3. Projecting (also see section 6-2.1.5)
4. Window (also see section 6-2.1.6)
5. Painted (also see section 6-2.1.7)

6-2.3.2 All sign structures in these districts shall be set back from any street line at least
one-half the distance required for the main building, and twenty-five (25) feet
from any side lot line, except temporary signs. No sign structure may be erected
to a height exceeding eight (8) feet nor be illuminated.

6-2.3.3 Total sign area per lot may not exceed eight (8) square feet.

6-2.3.4 A single commercial sign may be approved for a business located on an arterial
road that was approved by issuance of a special use permit in the R-10 District.
A non-illuminated wall or window sign, not to exceed one sign, shall not exceed
eight (8) square feet.

6-2.4 Signs Regulations for the RT, RMF, and PUD Districts

6-2.4.1 In addition to the regulations set forth in Section 6-1.5, the following sign
regulations shall apply to the RT, RMF, and PUD Zoning Districts. Only the
following signs are permitted:

6 - 20 Updated December 2017

 1. Monument
2. Wall (also see section 6-2.1.4)
3. Projecting (also see section 6-2.1.5)
4. Window (also see section 6-2.1.6)
5. Painted (also see section 6-2.1.7)

6-2.4.2 All sign structures in this district shall be set back ten (10) feet from any street
line, and ten (10) feet from any side lot line, except temporary signs. No sign
structure may be erected to a height exceeding eight (8) feet, and any illuminated
sign shall conform to Section 6-1.8 of this Article.

6-2.4.3 Total sign area per lot shall not exceed eight (8) square feet.

6-2.4.4 Commercial signs in PUD districts shall be permitted only within approved
commercial areas in such districts, and shall be subject to the regulations in
Section 6-2.6 of this Article. Signs for commercial uses located in the RT and
RMF zoning districts are permitted, but shall be limited to eight (8) square feet in
area per lot.

6-2.5 Signs Regulations for the RO, PSP and CBD Districts

6-2.5.1 In addition to the regulations set forth in Section 6-1.5, the following sign
regulations shall apply to the RO, PSP and CBD Zoning Districts. Only the
following signs are permitted:

1. Monument signs, if there are no projecting signs on the premises

2. Wall (also see section 6-2.1.4)
3. Projecting signs if there are no monument signs on the premises (also see
section 6-2.1.5)
4. Painted (also see section 6-2.1.7)
5. Directory
6. Sandwich board
7. Window (also see section 6-2.1.6)

6-2.5.2 All Monument sign structures in the RO and PSP districts may be located no
closer than ten (10) feet from the right-of-way line of any street. All monument
signs in the CBD may be located no closer than the right-of-way line of any
street. Any illuminated sign shall conform with Section 6-1.8 of this Article.

6 - 21 Updated December 2017

6-2.5.3 Monument signs where permitted are subject to the following limitations:

1. Each sign shall be located at least twenty-five (25) feet from any side or rear
property line adjacent to an R zone.
2. Each sign located in a parking area shall have a concrete or asphalt curb
island protecting the sign against damage when located in a parking area.
3. Each sign may not exceed eight (8) feet in height.
4. Each sign may not exceed thirty-two (32) square feet in area.
5. No more than one (1) sign is permitted per lot, except on corner lots with
street frontages of 100 feet or more, which are permitted one ground sign per
street frontage, but in no case more than four. Any such signs in excess of
one sign may not exceed 12 square feet.

6-2.5.4 Wall and painted signs may not exceed three (3) in number and may not exceed
an aggregate area of one hundred (100) square feet for each wall fronting on a
street or ten (10) percent of the area of the wall on which they are placed,
whichever is less.

6-2.5.5 Projecting signs are permitted if there are no ground signs, one (1) for each
business on the premises, and the aggregate area of all projecting signs on the
premises may not exceed thirty-two (32) square feet. All projecting signs shall
conform with Sections 6-1.6.15 and 6-2.1.5 of this Ordinance.

6-2.5.6 One sandwich board sign may be approved by the Zoning Administrator for each
business in a building that has its own exclusive access to a public sidewalk or
street zoned Central Business District and for which a ground sign is not
permitted. The Zoning Administrator shall assure that the regulations set forth
below are met and that the sign is consistent with the statement of intent of the
zoning district within which it is located. In addition, the following regulations
apply to all sandwich board signs:

(1) The area of each face of the sign may not exceed nine (9) square feet. The
total area of each face of the sign shall be the same in size and may not
exceed three (3) feet in width and three (3) feet in height. No extensions or
projections are permitted.
(2) A sandwich board sign may not be located closer than five (5) feet from a
side lot line. A sandwich board sign may be located in a public right-of-way
that is adjacent to the building where the business is located, provided at least
four (4) feet of clear sidewalk width is maintained. No sign may be located
within a parking area, interfere with any sight distance area, or obstruct the
loading or unloading of any passenger or commercial vehicle.

6 - 22 Updated December 2017

 (3) Sign information shall be securely affixed to both faces of the sign. Message
content may be changed without additional approvals. Each face shall
contain the same information.
(4) A sandwich board sign shall be made of wood and shall be constructed in a
sturdy and secure manner.
(5) A sandwich board sign may not be illuminated in any manner.
(6) A sandwich board sign may be displayed only when the business is open.
The sign shall be stored indoors at all other times.
(7) A sandwich board sign may be removed by the Zoning Administrator or
designee if he finds that the sign violates any of the regulations contained
within this article.
(8) Such a sign located within a public right-of-way may be removed without
notice if the Town Manager or his designee finds that the sign is a public
nuisance or if it is in the way of Town operations.
(9) One (1) chalk/white board may be approved by the Zoning Administrator for
each building on a lot zoned Central Business District. The board must be
attached to the building and may not exceed three (3) square feet in area.

6-2.6 Signs Regulations for the C District

6-2.6.1 In addition to the regulations set forth in Section 6-1.5, the following sign
regulations shall apply to the C (Commercial) Zoning District. Only the
following signs are permitted.

1. Monument
2. Wall (also see section 6-2.1.4)
3. Painted (also see section 6-2.1.7)
4. Shopping Center (also see section 6-2.1.8)
5. Directory (also see section 6-2.1.9)
6. Window (also see section 6-2.1.6)
7. Sandwich Board
8. Freestanding

6-2.6.2 All monument and freestanding sign structures in these districts may be located
no closer than ten (10) feet from the right-of-way line of any street. Any
illuminated signs shall conform with Section 6-1.8 of this Article.

6-2.6.3 Monument signs for individual uses, where permitted, are subject to the
following limitations:

1. Each sign shall be located at least twenty-five (25) feet from any side or rear
property line adjacent to an R zone.

6 - 23 Updated December 2017

 2. Each sign located in a parking area shall have a concrete or asphalt curb
island protecting the sign against damage when located in a parking area.
3. Each sign may not exceed eight (8) feet in height.
4. Each sign may not exceed sixty (60) square feet in area. As an alternative to
the permitted shopping center sign, a group of three (3) or more contiguous
businesses or uses may combine permitted monument sign area to provide a
single monument sign advertising the group if there are no other signs and if
the combined sign area does not exceed seventy-five (75) square feet.
5. No more than one (1) monument sign may be permitted per lot, except on
corner lots with street frontages of 100 feet or more, which are permitted one
monument sign per street frontage but in no case more than four. Any such
signs in excess of one sign, may not exceed 12 square feet.

6-2.6.4 Freestanding signs for individual uses, where permitted, are subject to the
following limitations:

1. Located at least twenty-five (25) feet from any side or rear property line
when adjacent to an R zone.
2. Shall have a concrete or asphalt curb island protecting the sign against
damage when located in a parking area.
3. Sign and structure may not exceed twenty (20) feet in height.
4. Sign may not exceed forty (40) square feet in area. As an alternative to the
permitted shopping center or industrial park sign, a group of three (3) or
more contiguous businesses or uses may combine permitted freestanding sign
area to provide a single freestanding sign advertising the group if there are no
other signs and if the combined sign area does not exceed sixty (60) square
feet.
5. No more than one (1) freestanding sign per lot, except on corner lots with
street frontages of 100 feet or more, which are permitted one freestanding
sign per street frontage. The second sign on a corner lot with street frontage
of 100 feet or more, may not exceed 12 square feet.

6-2.6.5 Wall signs, painted or otherwise, are limited to three (3) in number and may not
exceed an aggregate area of one hundred (100) square feet for each wall fronting
on a street or ten (10) percent of the area of the wall on which they are placed,
whichever is less. (also see section 6-2.1.4)

6-2.6.6 One (1) sandwich board sign may be permitted for each business in a shopping
center. In addition, the following regulations apply to all sandwich board signs:

1. The area of each face of the sign may not exceed nine (9) square feet. The
total area of each face of the sign shall be the same in size and may not

6 - 24 Updated December 2017

 exceed three (3) feet in width and three (3) feet in height. No extension or
projections are permitted.
2. The sign must be placed on the sidewalk adjacent to the building that the
business is located in, provided that at least four (4) feet of clear sidewalk is
maintained.
3. Sign information shall be securely affixed to both faces of the sign.
4. The sign shall be constructed in a sturdy manner and not be illuminated.
5. The sign may be displayed only when the business is open. The sign shall be
stored indoors at all other times.

6-2.7 Signs Regulations for the I District

6-2.7.1 In addition to the regulations set forth in Section 6-1.5, the following sign
regulations shall apply to the L Zoning District. Only the following signs are
permitted:

1. Monument
2. Wall (also see section 6-2.1.4)
3. Painted (also see section 6-2.1.7)
4. Industrial Park (also see section 6-2.1.8)
5. Directory
6. Projecting signs

6-2.7.2 All monument signs in this district may be located no closer than ten (10) feet
from the right-of-way line of any street. Any illuminated sign shall conform with
Section 6-1.8 of this Article.

6-2.7.3 Monument signs where permitted are subject to the following limitations:

1. Each sign shall be located at least twenty-five (25) feet from any side or rear
property line when adjacent to an R zone.
2. Each sign located in a parking area shall have a concrete or asphalt curb
island protecting the sign against damage when located in a parking area.
3. Each sign may not exceed eight (8) feet in height.
4. Each sign may not exceed fifty (50) square feet in area. In addition to the
permitted industrial park sign, a group of three (3) or more contiguous
businesses or uses may combine permitted monument sign area to provide a
single ground sign and advertising the group if there are no other monument
signs and if the combined sign area does not exceed seventy-five (75) square
feet.
5. No more than one (1) monument sign is permitted per lot, except on corner
lots with street frontages of 100 feet or more, which are permitted one

6 - 25 Updated December 2017

 monument sign per street frontage but in no case more than four. Any such
signs in excess of one sign, may not exceed 12 square feet.

6-2.7.4 Wall signs, painted or otherwise, are limited to one (1) for each wall fronting on
a street and may not exceed an area of one hundred (100) square feet or ten (10)
percent of the area of the wall on which it is placed, whichever is less.

6-2.7.5 Projecting signs are permitted if there are no other signs. One (1) sign is
permitted for each business on the premises and shall be limited in area to fifty
(50) square feet. (also see section 6-2.1.5)

6-2.7.6 No billboards of any kind shall be permitted.

6-2.8 Signs Regulations for the HD District

Sign regulations are the same as for the underlying base residential district, except that
properties within the Historic Overlay District require a Certificate of Appropriateness
(COA) from the Architectural Review Board for signs requiring a sign permit, prior to
the issuance of a sign permit by the Zoning Administrator (Section 3-5.3)). Signs pre-
approved by the ARB shall be in full compliance with the specifications of the Historic
District Guidelines and regulations of the Zoning Ordinance prior to issuance of a sign
permit by the Zoning Administrator (Section 3-5.3.4.2.6) Sign requests are considered
relative to the individual characteristics of buildings, existing signage, and site
conditions. Sign regulations established by this Article represent maximum permitted
signage and may be reduced, as deemed appropriate by the Architectural Review Board,
to meet the provisions of Section3-5.3.

6-2.9 Signs Regulations for the FPD District

Sign regulations are the same as for underlying base district.

6-3 Administrative Provisions

6-3.1 Sign Permits and Application Process

6-3.1.1 General Permit Requirements

A sign permit must be obtained from the Zoning Administrator before any sign is
constructed, displayed, erected, altered, installed, used, relocated, replaced or
reconstructed. A sign permit for refacing a sign is required only if the sign is
non-conforming.

6 - 26 Updated December 2017

 A Certificate of Appropriateness from the Architectural Review Board is
required before sign permits can be issued within the Historic District.
Any sign permit expires six (6) months after date of issuance unless the permitted
sign has been erected as specified by the permit. Expiration of the sign permit
necessitates reapplication, including repayment of required sign permit fees,
under the sign regulations in effect at that time.

6-3.1.2 Application

Applications for sign permits must be filed with the Zoning Administrator on
forms provided by the Town, accompanied by a filing fee as established by the
Town Council under separate resolution, and shall contain the following
information:

1. Name and mailing address of the sign owner and sign erector.
2. Location address, building and street frontage in linear feet of property on
which sign is to be erected.
3. Type of sign and sign structure and general description of structural design
and construction materials.
4. Drawings showing the height, sign perimeter and area dimensions, means of
support, method of illumination if any, landscaping, and design for the
existing and proposed sign(s), including letters, figures, artwork, etc.
5. A record plat plan or drawing showing dimensions of building and
relationship of building and/or sign to adjacent property lines, sidewalks,
streets, intersections and buildings.
6. Any other information that the Zoning Administrator may request to ensure
compliance with the provisions of this Ordinance and other applicable Town
regulations.
7. Name, mailing address and phone number of property owner. The property
owner or legal representative of the owner must sign all signage applications.

6-3.1.3 Permit Expiration

A sign permit shall expire and become null and void if the sign is not erected
within a period of six (6) months from the date the permit is issued.

An application for one extension period of six (6) months may be made to the
Zoning Administrator prior to expiration of the original permit. Such an
extension may be granted only if the proposed sign is in accordance with all
current applicable regulations. In no case shall a permit be valid for more than a
total of 12 months without the authorized sign being erected.

6 - 27 Updated December 2017

 6-3.1.4 Special Use Permits

The Town may grant a Special Use Permit to allow an increase in the height of a
sign where, in its opinion, the provisions of this Article would cause a hardship
by virtue of topography. The purpose of such a permit shall be to allow as much,
but not more, visibility as the sign would have if located on level ground.

As part of a Special Use Permit approval, the Town may impose stricter sign
requirements as a condition of approval.

6-3.1.5 Violation and Revocation of Sign Permit.

The Zoning Administrator may revoke a permit or approval if it is found that

there has been concealment or misrepresentation of material facts in either the
application or plans submitted.

Failure to adhere to the requirements of this Ordinance in the construction and

maintenance of a sign shall void any sign permit issued, and said sign or structure
shall be removed by the property owner forthwith.

6-3.2 Construction, Maintenance and Removal

6-3.2.1 Building Code Compliance.

All signs shall be constructed in compliance with the Uniform Statewide

Building Code and any other Town building regulations.

6-3.2.2 Maintenance

All signs, sign components and supports shall be maintained in good repair and
in safe, condition.

6-3.2.3 Repair or Removal of Unsafe or Hazardous Signs.

The Zoning Administrator may order the removal or repair of any sign that, has
become insecure, in danger of falling or otherwise unsafe, or presents a threat to
the public safety.

6-3.2.4 Removal of Illegal or Obsolete Signs.

1. Removal of Illegal Signs. The Zoning Administrator may order the removal
of any illegal sign.. Notice and enforcement of such a violation shall be
accordance with Article 11 of this Ordinance.

6 - 28 Updated December 2017

 2. Removal of Obsolete Signs. Any sign that is obsolete or abandoned because
of discontinuance of the advertised activity, damage to the use, structure or
sign, or any other reason which would cause the sign to be obsolete, shall be
removed by the property owner within sixty (60) days from the termination
of such activities. Obsolete or abandoned signs are prohibited and the
advertising sign shall be removed by the owner of the sign or property
owner. Permanent signs applicable to a business temporarily suspended
because of a change of ownership or management of such business shall not
be deemed abandoned unless the property remains vacant or unused for that
activity for a period of two (2) years or more.

6-3.3 Nonconforming Signs

6-3.3.1 Any sign that was lawfully in existence at the time of the effective date of this
Ordinance that does not conform to the provisions herein, and any sign that is
accessory to a nonconforming use, shall be deemed a nonconforming sign and
may remain on a lot of record except as qualified below. No nonconforming sign
shall be enlarged, extended, structurally altered or reconstructed in any manner,
except to bring it into full compliance with these regulations, except that these
regulations shall not prohibit the replacement of the content of a sign without the
modification of its size, location or configuration.

6-3.3.2 Nonconforming signs may remain on a lot of record, provided they are kept in
good repair, except for the following:

1. Change or Discontinuation of Use. Whenever a change or discontinuation of

use occurs upon a lot that contains a nonconforming sign, and such change or
discontinuation of use continues for more than two (2) years, such sign may
not remain without being modified in such a manner as to be in full
compliance with these sign regulations. Nothing in this section shall restrict
the ability to replace the content of a sign without changing its size, location
or configuration.
2. Relocation. No nonconforming sign may be moved on the same lot or to any
other lot unless such change in location will make the sign conform to the
provisions of this Ordinance.
3. Damage or Destruction of Sign. A nonconforming sign that is destroyed or
damaged to an extent exceeding 50 percent of its fair market value may not
be repaired, altered, replaced or reinstalled unless it is in conformance with
these regulations. If the damage or destruction is 50 percent or less of the
fair market value, the sign may be restored within two years of the
destruction, but may not be enlarged in any manner. Procedures for removal
of such signs shall be as set forth in Section 6-3.2.4.2.
4. Damage or Destruction of Use or Structure. A nonconforming sign shall be

6 - 29 Updated December 2017

removed if the use or structure to which it is accessory is destroyed or
demolished to an extent exceeding 50 percent of the principal structure’s fair
market value. Procedures for removal of such signs shall be as set forth in
Section 6-3.2.4.2.
5. Removal of Abandoned Nonconforming Signs. After making a
reasonable attempt to notify the property owner, the Town may order
the removal of a nonconforming sign that has been abandoned. Such
notice shall conform with Section 11-3.2.2 of this Ordinance. For the
purposes of this section, a sign is considered abandoned if the business
for which the sign was erected has not been in operation for a period
of at least two (2) years,. If following such a two year period, the
Town has made a reasonable attempt to notify the property owner, via
certified mail to the last known address as listed in the property
records, the Town may remove nonconforming signs and charge the
cost of removal to the owner.

6 - 30 Updated December 2017

 Article 6 – Sign Regulations
Amended XXX, 2018
6-1 Intent .................................................................................................................................................................. 1
6-2 Severability ........................................................................................................................................................ 1
6-3 General Applicability ........................................................................................................................................ 1
6-3.5 Signs Not Regulated by this Article.................................................................................................... 1
6-4 Sign Permit Requirements, Review Timing, and Process ............................................................................. 2
6-4.1 Sign Permit Required .......................................................................................................................... 2
6-4.2 Sign Permit Review Timing................................................................................................................ 3
6-4.3 Sign Permit Review Process ............................................................................................................... 3
6-4.4 Sign Permit Review in the Historic District ......................................................................................... 4
6-4.5 Violation and Revocation of Sign Permit ............................................................................................ 5
6-5 Measurements and Calculations ...................................................................................................................... 5
6-5.1 Sign Setback ....................................................................................................................................... 5
6-5.2 Sign Height ......................................................................................................................................... 6
6-5.3 Sign Area ............................................................................................................................................ 6
6-5.4 Street and Façade Frontage Measurements......................................................................................... 9
6-6 General Regulations for All Sign Types .......................................................................................................... 9
6-6.12 Signs in Rights-of-Way .................................................................................................................... 10
6-7 Sign Illumination ............................................................................................................................................. 10
6-8 Prohibited Signs .............................................................................................................................................. 11
6-9 Special Standards for Signs in the Historic District ..................................................................................... 12
6-9.3 Illumination....................................................................................................................................... 12
6-10 Permanent Signs at Entries ............................................................................................................................ 13
6-10.9 Residential Sign Alternative ............................................................................................................. 13
6-11 Permanent Signs Permitted in PUD Districts ............................................................................................... 14
6-12 Permanent Signs Permitted in Residential Districts and the RO District ................................................. 14
6-12.1 Signs for Individual Dwellings ......................................................................................................... 14
6-12.2 Signs for Nonresidential Uses in Residential Zoning Districts ......................................................... 14
6-13 Permanent Signs Permitted in Nonresidential Districts .............................................................................. 14
6-13.2 Window Signs ................................................................................................................................... 15
6-13.3 Building Signs................................................................................................................................... 15
6-13.4 Freestanding Signs ............................................................................................................................ 18
6-13.5 Signs at Private Driveway Entrances or Intersections ...................................................................... 20
6-13.6 Drive-Through Signs ........................................................................................................................ 20
6-14 Master Sign Plan Option for Large Developments ...................................................................................... 21
6-14.3 Master Sign Plan Requirements ........................................................................................................ 21
6-15 Temporary Signs ............................................................................................................................................. 22
6-15.1 Standards that Apply to all Temporary Signs ................................................................................... 22
6-15.2 Sign Permits for Temporary Signs .................................................................................................... 23
6-15.3 Temporary Signs without a Commercial Message ........................................................................... 23
6-15.4 Temporary Signs with a Commercial Message in Residential Zoning Districts and the RO
District .............................................................................................................................................. 23
6-15.5 Temporary Signs with a Commercial Message in Nonresidential Zoning Districts ......................... 24

i
 6-15.6 Standards for Temporary Sign Types ............................................................................................... 25
6-16 Nonconforming Signs ...................................................................................................................................... 27
6-17 Removal of Signs ............................................................................................................................................. 27
6-18 Maintenance..................................................................................................................................................... 28

ii
6-1 Intent
Signs are an integral part of the built environment that can contribute to Warrenton’s sense of
place, direct people to businesses and destinations, and allow for the promotion of community
events and business operations. The intent of this Article is to allow for the continued use of
signs for these purposes while managing potential safety issues. It is furthermore the intent of
these regulations to promote and protect the public health, safety and welfare, further the goals of
the Comprehensive Plan, and regulating signs in a manner consistent with the First Amendment
guarantee of free speech by enabling the public to:
6-1.1 Locate goods, services and facilities without difficulty or confusion;
6-1.2 Protect and enhance property values;
6-1.3 Facilitate the creation of a convenient, orderly, attractive and harmonious community;
6-1.4 Protect the scenic, natural and historic character of the Town;
6-1.5 Promote economic development;
6-1.6 Promote traffic safety by preventing obstructions within public rights-of-way,
minimizing visual distractions to motorists, ensuring that sign size and height are
appropriate to their location, and preventing conflicts with public safety signs and police
and fire protection; and
6-1.7 Protect the safety of people and property against sign hazards due to collapse, decay or
abandonment; and permitting signs that are appropriate to the planned character and
development of each zoning district.
6-2 Severability
The regulations of this Article shall be subject to the severability clause of Section 1-8 of this
Ordinance.
6-3 General Applicability
6-3.1 It shall hereafter be unlawful for any person to erect, place, relocate, expand, modify,
maintain, or otherwise alter a sign in the Town except in accordance with the provisions
of this Article.
6-3.2 Unless otherwise provided, this Article shall apply to any sign, in any zoning district,
that is legible or readable from a public right-of-way or from an adjacent property.
6-3.3 Any sign legally established prior to the effective date of this Article, and which sign is
rendered nonconforming by the provisions herein, shall be subject to the nonconforming
sign regulations of Section 6-16.
6-3.4 Sign regulations in the Historic District shall be subject to Section 6-4.4.
6-3.5 Signs Not Regulated by this Article
The following are signs that are entirely exempt from the regulations of this Article
including any requirements for sign permits:
6-3.5.1 Any sign that is located completely inside a building that is not visible from
the exterior (See also definition of window sign.);

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 6-3.5.2 Signs that are located within a stadium, open-air theater, outdoor shopping
center, park, arena or other outdoor use, with the exception of vehicular use
areas, which signs are not visible from a public right-of-way or adjacent
property, and can be viewed only by persons within such stadium, open-air
theater, outdoor shopping center, parks, arena, or other outdoor use;
6-3.5.3 Any sign on a truck, bus or other vehicle that is used in the normal course of
a business (e.g., deliveries or fleet vehicles for contractors) for
transportation (See also Paragraph 6-8.14.), or signage required by the State
or Federal government;
6-3.5.4 Signs installed or required by the Town, Fauquier County, State of Virginia,
or approved transit agency;
6-3.5.5 Address identification signs as required by the most current and adopted
version of the applicable Virginia Building Code;
6-3.5.6 Any warning signs or traffic safety signs required by public utility
providers; and
6-3.5.7 Any illumination or decorations erected in observance of religious, national,
or state holidays which are not intended to be permanent in nature and
which contain no advertising material.
6-4 Sign Permit Requirements, Review Timing, and Process
6-4.1 Sign Permit Required
6-4.1.1 Unless otherwise stated in this Article, all signs shall require a sign permit
issued by the Zoning Administrator. Where applicable, signs in the Historic
District shall receive approval by the Architectural Review Board (ARB), in
accordance with this Article, prior to issuance of a sign permit.
6-4.1.2 The following signs are subject to the requirements of this Article but do not
require a sign permit. Such signs may, however, still be subject to building
permit requirements.
1. Flags that do not contain a commercial message provided there shall
be no more than three such flags on any lot and the size of each flag
does not exceed 50 square feet;
2. Signs and/or notices issued by any court, officer, or other person in
performance of a public duty. Any such sign shall be removed no later
than seven days after the last day it is required to be displayed;
3. Sign face changes where there is no change to the structure including
change in sign face area, height, or alteration of the sign cabinet, if
applicable (e.g., replacement of a sign face, repainting of a sign face,
etc.) except in the Historic District where a sign permit is required for
such changes;
4. Certain temporary signs as established in Section 6-15.
5. Changes of copy on signs with changeable copy; and

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 6. A sign permit is not required for general maintenance, painting,
repainting, cleaning and other normal maintenance and repair of a sign
or any sign structure unless a structural change is made.
6-4.2 Sign Permit Review Timing
Table 1 below identifies when a sign that requires a sign permit shall be reviewed.

TABLE 1: SIGN PERMIT REVIEW TIMING

Sign Permit Requirement Due at Time Of:
Installation, replacement, or other change to a sign that is not part of a new use,
Sign Permit
new development, or change of use

All signs reviewed as part of the site

Installation, replacement, or other change to a sign that is part of a new use, new development plan process. Approval
development, or change of use that requires a Site Development Plan as of signs during this process shall
established in Article 10 constitute approval of sign permits for
the reviewed signs.

Proposal for a sign to be a part of a new Sign placement and allocation to be

subdivision reviewed as part of a subdivision plat

Sign placement and allocation to be

Signs at entries as allowed in Proposal for a sign to be a part of an existing,
reviewed as part of an amended
Section 6-10 platted subdivision
easement plat

Installation, replacement, or other change to a

Sign Permit
sign allowed at entries of subdivisions

As part of a Planned Unit

Proposal for a master sign plan Development District or land use
Master Sign Plan Review application, as applicable
(See Section 6-14.) Installation, replacement, or other changes to a As part of a site development plan
sign allowed under an approved master sign review or sign permit review, as
plan applicable above

As determined by the Zoning

Other situations where a sign permit is required
Administrator

NOTE: In all cases, if the sign is within the Historic District, the sign must be reviewed and approved by the ARB prior
to issuance of a sign permit from the Town of Warrenton,

6-4.3 Sign Permit Review Process

6-4.3.1 Applications for sign permits must be filed with the Zoning Administrator on
forms as provided by the Town, accompanied by a filing fee.
6-4.3.2 The application shall be accompanied by information as established in a
submittal requirement established by the Zoning Administrator.

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 6-4.3.3 The Zoning Administrator or designee shall promptly process the sign
permit application and approve the application, reject the application, or
notify the applicant of deficiencies in the application within 20 business
days after receipt. For signs that require a Certificate of Appropriateness,
(COA), such timeframe for a sign permit shall not begin until the COA is
approved.
6-4.3.4 A COA is required before sign permits can be issued within the Historic
District. See also Section 6-9, below.
6-4.3.5 An approved sign permit shall expire one year after date of issuance unless
the permitted sign has been erected as specified by the permit. If the permit
expires, a new application and approval shall be required in accordance with
this Article. Such resubmission shall also require a new payment of the
required sign permit fees, under the sign regulations in effect at that time.
6-4.3.6 In some instances, a sign may require a building permit. No sign shall be
installed until all required permits have been approved.
6-4.4 Sign Permit Review in the Historic District
6-4.4.1 Any sign to be located within the Historic District shall be subject to the
provisions of this Article and the Warrenton Historic District Design
Guidelines, as may be applicable. Where there is a conflict between this
Article and the Design Guidelines, the requirements of this Article shall
apply.
6-4.4.2 Where a COA is required for a sign in the Historic District, such COA shall
be approved by the Zoning Administrator or the ARB, as determined in this
section.
6-4.4.3 Administrative COA Approval
1. The Zoning Administrator, or their designee, may review and approve
a COA application for the any window or building sign in the Historic
District if such sign meets all of the following criteria:
(1) The Zoning Administrator determines that the sign complies
with the design guidelines and any applicable standards of this
Article;
(2) The color of the sign is a color established in a historic color
palette from a commercial paint store;
(3) The sign is less than six square feet in sign area;
(4) The sign is illuminated from an external source only; and
(5) The sign is a building sign with a sign area of six square feet or
less.
2. The Zoning Administrator shall have the authority to forward any
COA application for a sign to the ARB if there is a need for any
further clarification on compliance with the design guidelines and/or
this Article.

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 6-4.4.4 COA Approval by the ARB
1. The ARB shall review and make decisions on COAs for all projecting
signs in the Historic District.
2. The ARB shall review any COA application for a sign that is not
subject to an administrative approval in Section 6-4.4.3, above.
3. The ARB shall review any COA application for a sign that is
forwarded to the board for review by the Zoning Administrator.
4. The ARB shall review any bonus sign area allowed pursuant to
Section 6-9.
6-4.4.5 Alternative Review
1. Where an applicant proposes a building material for a sign or the
application of lettering that is not in compliance with the Historic
District Design Guidelines, the ARB may review the proposed
material or application to determine if it may be approved as an
alternative as part of the COA application review.
2. Alternatives may only be approved by the ARB and only if the ARB
finds:
(1) That the proposed alternative achieves the intent of the subject
design or development standard to the same or better degree
than the subject standard;
(2) That the proposed alternative results in benefits to the overall
historic district that are equivalent to or better than compliance
with the subject standard; and
(3) That the proposed alternative imposes no greater impacts on
adjacent properties than would occur through compliance with
the specific requirements of this code.
6-4.5 Violation and Revocation of Sign Permit
6-4.5.1 The Zoning Administrator may revoke a permit or approval if it is found
that there has been concealment or misrepresentation of material facts in
either the application or plans submitted.
6-4.5.2 Failure to adhere to the requirements of this Ordinance in the construction
and maintenance of a sign shall void any sign permit issued, and said sign or
structure shall be removed by the property owner forthwith.
6-5 Measurements and Calculations
6-5.1 Sign Setback
All required setbacks for signs shall be measured as the distance in feet from the
applicable lot line or right-of-way, whichever is applicable, to the closest point on the
sign structure.

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6-5.2 Sign Height
6-5.2.1 The height of a sign shall be computed as the distance from the base of the
sign at normal grade to the top of the highest attached component of the
sign. Normal grade shall be construed to be the newly established grade
after construction, exclusive of any filling, berming, mounding, or
excavating solely undertaken for the purpose of locating or increasing the
height of sign.
6-5.2.2 In cases where the normal grade is below grade at street level, sign height
shall be computed on the assumption that the elevation of the normal grade
at the base of the sign is equal to the elevation of the nearest point of the
crown of a public or private street.
6-5.3 Sign Area
The surface of a sign to be included when computing maximum allowable square
footage of sign area shall be calculated as follows:
6-5.3.1 For sign copy mounted or painted on a background panel, cabinet, or surface
distinctively painted, textured, lighted, or constructed to serve as the
background for the sign copy, the sign area shall be computed by means of
the smallest square, circle, rectangle, triangle, or combination thereof that
encompasses the extreme limits of the background panel, cabinet, or surface.
See Figure A and Figure B.

Figure A: Illustration of sign area calculation for a monument sign with copy on a distinct cabinet.

6
Figure B: Illustration of computing the sign area for wall signs with a background panel or cabinet.

6-5.3.2 For sign copy where individual letters or elements are mounted or painted
on a building façade or window where there is no background panel,
cabinet, or surface distinctively painted, textured, lighted, or constructed to
serve as the background for the sign copy, the sign area shall be computed
by means of the combination of the smallest square, circle, rectangle,
triangle, or combination thereof that encloses all the letters or elements
associated with the sign. See Figure C. In cases where there are multiple
sign elements on the same surface, the Zoning Administrator shall have the
authority to determine the outermost boundaries of individual sign elements.
Decorative edging or other window treatments that are not an integral part of
the sign copy shall not be considered a part of the sign for the purposes of
this Article. See Figure D.

Figure C: Illustration of sign area calculation for two differently shaped wall signs with individual
letters.

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 Figure D: Illustration of sign area calculations for multiple sign areas on a window sign

6-5.3.3 The calculation of sign area shall not include any supporting framework,
bracing, or decorative fence or wall unless such structural support is
determined to constitute an integral part of the sign design by means of text
or other commercial message, as determined by the Zoning Administrator.
See Figure A.
6-5.3.4 In the case of a three-dimensional sign where the sign faces are not mounted
back-to-back, the sign area shall be calculated by the smallest square,
rectangle, triangle, circle, or combination thereof, that encompasses the
profile of the sign message. The profile used shall be the largest area of the
sign message visible from any one point. See Figure E.

Figure E: The sign area of a three-dimensional sign is measured measuring the largest profile of the sign.

6-5.3.5 Except for three-dimensional signs, the sign area for a sign with more than
one face (multi-faced signs) shall be computed by adding together the area
of all sign faces when the interior angle is greater than 45 degrees.

8
 6-5.3.6 When two identically sized, flat sign faces are placed back to back or at
angles of 45 degrees or less, so that both faces cannot be viewed from any
one point at the same time, the sign area shall be computed by the
measurement of one of the sign faces. If the two faces are unequal, the sign
area shall be calculated based on the larger of the two faces.
6-5.4 Street and Façade Frontage Measurements
6-5.4.1 When calculating the permitted sign area based on street frontage, only the
street frontage that lies in the incorporated area of the Town of Warrenton
shall be used in the calculation.
6-5.4.2 When calculating the permitted sign area based on the width of any façade,
such calculation shall be based on viewing the façade from a 90-degree
angle (i.e., straight on), regardless of façade insets, offsets, or angles. See
Figure F.

Figure F: Illustration of façade width measurement on varied façade shapes.

6-6 General Regulations for All Sign Types

Unless otherwise specifically stated, the following regulations shall apply to all signs within the
Town:
6-6.1 Permanent signs are considered accessory uses and shall be accessory to a principal use
provided for by this Ordinance.
6-6.2 Failure to adhere to the requirements of this Ordinance voids any permit approval,
requiring removal of the sign or structure. Exceptions shall be for signs permitted in the
right-of-way in accordance with this Article and temporary sidewalk and yard signs
allowed in Section 6-15.
6-6.3 All signs shall be constructed in compliance with the Uniform Statewide Building Code
and any other Town building regulations.
6-6.4 Allowances for signs in the Floodplain District (FPD) shall be that of the underlying
base district and shall otherwise be compliance with all other permitting requirements
for structure in the floodplain, in that district.

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6-6.5 No sign or sign structure shall be placed on private or public property without the
written consent of the owner or agent thereof.
6-6.6 No sign may be placed or located so as to conflict with or impair line of sight for turning
movements on or onto public streets or conflict with the vision clearance or other
requirements of this Ordinance or applicable traffic ordinances, including Section 2-21.
6-6.7 All landscaping and lighting of signs shall conform to the provisions of Articles 8 and 9
of this Ordinance as well as any applicable standards in this Article.
6-6.8 No sign shall obstruct or interfere with fire ingress or egress from any door, window, or
fire escape, nor shall it obstruct or interfere with traffic or traffic visibility, or resemble
or imitate signs or signals erected by the Town or other governmental agency for the
regulation of traffic or parking.
6-6.9 All signs shall be secured in such a manner as to prevent swinging or other significant
noticeable movement, not including movement related to electronic message centers.
Projecting signs shall be exempt from this requirement.
6-6.10 Neon signs may be used anywhere signs are permitted, except in residential districts,
and provided it is used on a permitted sign type (e.g., wall, monument, etc.). This shall
not include digital signs or LED signs that are intended to mimic neon signs.
6-6.11 The commercial message sign area allowed for any permanent sign permitted in this
chapter may be substituted with a noncommercial message. A sign permit shall not be
required for this substitution if there is no structural change to the sign.
6-6.12 Signs in Rights-of-Way
6-6.12.1 Signs shall be prohibited in the right-of-way with the exception of:
1. Signs installed by the Town, Fauquier County, State of Virginia, or
approved transit agency;
2. Any warning signs or traffic safety signs required by public utility
providers; or
3. Sidewalk signs as allowed in Section 6-15.
6-6.12.2 Any sign to be installed in the right-of-way by an agency other than the
Town shall require prior approval of the Public Works Director.
6-6.12.3 The Zoning Administrator may remove or cause to be removed any
unlawful sign in the public right-of-way. Such removal shall be
accomplished at the property owner’s expense.
6-7 Sign Illumination
All signs, unless otherwise stated in this Article, may be illuminated by internal or external light
sources, provided that such illumination complies with the following:
6-7.1 A lighting plan is submitted as part of a sign permit or site development plan
application, as applicable in Section 6-4.2. Such plan shall include all details of any
illumination proposed as part of a sign.
6-7.2 All sign illumination shall conform with the requirements for lighting as set forth in
Section 9-8 of this Ordinance;

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6-7.3 Light fixtures illuminating signs shall be located, aimed, and shielded so that light is
directed only onto the sign face and is prevented from creating glare or light shining into
motorist or pedestrian field of vision. Shielding shall be accomplished with architectural
elements, landscaping, and/or specific lighting components, such as shields or louvers.
6-7.4 Lighting shall be designed so any exposed incandescent lamps used to illuminate ground
signs, painted signs, or wall signs shall be equipped with reflectors or other devices
arranged so as to concentrate the illumination upon the area of the sign and prevent glare
or the shining of light onto any adjoining property or public right-of-way.
6-7.5 Exposed lighting sources (e.g., bulbs that are not shielded) for signs shall not be directed
so as to shine directly into adjacent residential dwellings or to shine directly into the line
of sight for vehicles or pedestrians.
6-7.6 Illumination of any sign for a use in the C or I district located within 300 feet of any R
district, shall be extinguished between the hours of 12:00 midnight and 7:00 a.m. except
for any time during that period when the use is legally open for business. Illuminated
signs in the C and I district shall not be located within 50 feet of a residential zoning
district boundary.
6-7.7 The average level of illumination on the face or vertical surface of any sign shall not
exceed one foot-candle at the property line.
6-7.8 The sign shall consist of light lettering, symbols and logo on a medium to dark colored or
similar background that does not produce glare.
6-7.9 Light sources internally illuminating signs shall be located, aimed and shielded so that
light is directed onto the message only. Shielding shall be accomplished with
architectural elements and/or specific lighting components, such as shields or louvers
within the sign. Lettering or symbols shall constitute no more than forty percent of the
surface area of the sign.
6-8 Prohibited Signs
The following types of signs are specifically prohibited within the Town of Warrenton:
6-8.1 Any sign that copies or imitates an official sign, purports to have official status, or
threatens public safety;
6-8.2 Windblown devices, with the exception of flags as allowed in this ordinance;
6-8.3 Flags attached to vehicles for sale or lease that are not used for personal use by the
vehicle owner or lessee;
6-8.4 Signs that employ any parts or elements which revolve, rotate, whirl, spin or otherwise
make use of motion to attract attention. This shall not include changeable copy signs as
allowed in this Article;
6-8.5 Flags that flutter, similar to, and including feather signs;
6-8.6 Signs with moving or flashing lights, except as noted in the changeable copy sign
section.
6-8.7 Beacons and searchlights, except for emergency purposes;
6-8.8 Pennants and streamers;

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6-8.9 Signs that are applied to trees, bus shelters, utility poles, benches, trash receptacles,
newspaper vending machines or boxes, or any other unapproved supporting structure, or
otherwise placed in the public right-of-way except as provided for in Section 6-6.12;
6-8.10 Signs that obstruct or substantially interfere with any window, door, fire escape,
stairway, ladder, or opening intended to provide light, air, ingress, or egress to any
building;
6-8.11 Signs which are not securely affixed to the ground or otherwise affixed in a permanent
manner to an approved supporting structure unless specifically permitted as a temporary
sign;
6-8.12 Signs mounted on or above the roofline of any building;
6-8.13 Portable signs with the exception of sidewalk signs authorized under Section 6-15;
6-8.14 Vehicle signs viewed from a public road with the primary purpose of providing signage
not otherwise allowed by this Article. Vehicles or trailers shall not be parked
continuously in one location to be used primarily as additional signage. This does not
apply to a vehicle parked at a driver’s residence and is the primary means of
transportation to and from his or her place of employment; and
6-8.15 Any sign not specifically allowed by this Article.
6-9 Special Standards for Signs in the Historic District
6-9.1 Signs in the Historic District shall be the same as those allowed in the underlying base
district.
6-9.2 Applicants for signs in the Historic District can increase the amount of signage
permitted in the underlying base district through bonuses achieved through one of the
following:
6-9.2.1 If all proposed signs are constructed of sustainable, biodegradable materials,
the total amount of building sign area may be increased by 10 percent.
6-9.2.2 If the applicant submits a comprehensive sign plan for the applicable
building, illustrating all existing and proposed signs for the building, the
total amount of building sign area may be increased by five percent provided
the sign plan illustrates:
1. Compliance with the Historic District Design Guidelines and this
Article; and
2. A uniform approach to the design of all signs that will create a
harmonious sign package for the entire building through shape, color,
illumination, and other sign characteristics.
6-9.3 Illumination
6-9.3.1 Wall signs in the Historic District may be illuminated through the following
methods, if approved by the ARB as part of the Certificate of
Appropriateness:
1 . Indirect lighting methods such as gooseneck lighting;
2 . Individual reverse channel letters (halo-lit or reverse-lit); and
3 . Neon signage.

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6-10 Permanent Signs at Entries
Permanent signs may be permitted within a subdivision, a nonresidential development park, a
multi-family development with over 25 units, or for large multi-tenant buildings with more than
10 acres in accordance with the provisions of this section.
6-10.1 The placement and allocation of the permanent sign shall be reviewed and decided upon
during the subdivision platting process or as part of an amended easement plat, as
identified in Table 1 of this Article. A sign permit shall be required for the installation
and/or any changes to the signs in accordance with this Article.
6-10.2 One permanent monument sign shall be permitted for each subdivision, development
park, or multi-tenant building. For subdivisions, the Planning Commission may permit
additional signs if the subdivision has portions of the subdivision, or individual phases,
with separate access points off of an arterial road.
6-10.3 The sign shall be located within 150 feet of an entrance point into the subdivision,
development park, or multi-tenant center.
6-10.4 The monument sign shall comply with the standards in Table 2.

TABLE 2: SIGNS AT ENTRANCES

District Maximum Sign Area Maximum Sign Height Illumination

Residential, RO, and PSP 24 square feet 6 feet Externally illuminated

Internally or externally
C or I 75 square feet 15 feet
illuminated

6-10.5 Monument signs shall be set back a minimum of 10 feet from the street curb and 25 feet
from any adjacent lot line in a R District.
6-10.6 The subdivision plat or site development plan shall include the location of the sign and
how the sign message area shall be allocated to individual lots or tenants. For the
purpose of identification of the subdivision or development by safety services, the sign
shall be an on-premise sign.
6-10.7 Signs permitted under this section may be located on a lot with another freestanding sign
as allowed in Section 6-13.4 without reducing the amount of other signage allowed on
the same lot in accordance with this Article.
6-10.8 For subdivisions, provided the subdivision is recorded and the zoning is for a
nonresidential zoning district, the sign may be placed even if no construction has taken
place on any of the lots.
6-10.9 Residential Sign Alternative
6-10.9.1 In a residential district, up to two wall signs may be permitted as an
alternative to the permitted monument sign above.
6-10.9.2 The wall signs shall be mounted to a decorative wall or fence that generally
runs parallel with the street and has a minimum length of 500 feet.

13
 6-10.9.3 If two signs are utilized, the signs shall be separated by a minimum of 50
feet.
6-10.9.4 If an applicant proposes to use wall signs, no monument sign, as allowed in
above, shall be permitted.
6-11 Permanent Signs Permitted in PUD Districts
All development in a PUD District shall be subject to the standards of this Article unless
otherwise modified through the PUD public review and approval process.

6-12 Permanent Signs Permitted in Residential Districts and the RO District

The following are the permanent signs allowed in R-6, R-10, R-15, R-40, RT, R-E, and RMF
residential zoning districts, for residential uses within a PUD, and the RO District.
6-12.1 Signs for Individual Dwellings
6-12.1.1 One wall sign is permitted on each individual lot used for residential
purposes provided the sign is mounted flush to the façade of the principal
dwelling and does not exceed two square feet.
6-12.1.2 Such sign shall not be directly illuminated.
6-12.1.3 A sign permit shall not be required for this type of sign.
6-12.2 Signs for Nonresidential Uses in Residential Zoning Districts
6-12.2.1 One permanent monument sign may be permitted on a lot containing a
nonresidential use in a residential zoning district provided the sign meets the
following requirements:
1. The sign shall be set back a minimum of 10 feet from the street right-
of-way and any adjacent lot lines.
2. The maximum sign area shall be 24 square feet.
3. The sign may include manual changeable copy.
4. No such sign or any portion of the structure shall exceed eight feet in
height.
5. The sign may only be illuminated through an external light source.
6-12.2.2 One additional permanent monument sign may be erected on an adjacent
street frontage (same lot) if such street frontage has a length of 100 feet or
more. Such additional sign shall meet the requirements of 6-12.2.1.
6-12.2.3 Building signs shall be permitted for all nonresidential uses in a residential
district in the same manner as permitted for nonresidential uses in the PSP
Commercial District. This shall not apply to signs located on lots used
exclusively for residential dwellings where signage is controlled by Section
6-12.1.
6-13 Permanent Signs Permitted in Nonresidential Districts
The following are the permanent signs allowed in the C, CBD, I, and PSP zoning districts or for
nonresidential uses within a PUD District.

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6-13.1 Buildings, developments, or subdivisions that are 100 percent residential in any
nonresidential district, shall be subject to the permanent sign allowances established in
Section 6-12.
6-13.2 Window Signs
6-13.2.1 Window signs in the CBD shall comply with the standards of this section
and shall require a sign permit and applicable COA review in accordance
with Section 6-4.4.
6-13.2.2 Window signs in all other district shall not require a sign permit provided
they comply with the standards in this section.
1. Window signs shall not occupy more than 50 percent of the window
area in any nonresidential districts except the CBD District where the
maximum coverage shall be 25 percent of the window area. The sign
area is based on the window area, regardless of the presence of an
awning. See Figure G.

Figure G: The window area is illustrated within the dashed line area for the two storefronts in the above
image.

2. Where window areas as illustrated in Figure G, above have panes

mounted at various angles separated only by the window framing
structure, the window area shall include the total surface area of all
windows, including door windows, regardless of such angles.
3. Window signs may be temporarily or permanently attached.
4. Window signs are not permitted in any window of a space used for
residential uses or purposes unless allowed as a temporary banner sign
in accordance with Section 6-15.
6-13.3 Building Signs
Building signs are permitted on all principal structures in accordance with the following:
6-13.3.1 The building sign area allowed in Table 3 shall include the total amount of
all awning, canopy, marquee, projecting, suspended, or wall signs on each
façade wall. Standards for each individual building sign type are established
in this section. Window signs are regulated separately and are not included
in the calculation of building sign area.

15
 6-13.3.2 Building signs shall not extend above the top of the roofline of the building
to which it is attached.
6-13.3.3 Building signs may not be attached to mechanical equipment or roof
screening.
6-13.3.4 Building signs shall not include electronic message centers.
6-13.3.5 Size
1. This section establishes the maximum sign area permitted for all
building signs based on the district, building, and/or use that they
serve.
2. There is no maximum number of building signs but the total square
footage of building signs located on a single façade shall comply with
the requirements of this section.
3. An applicant may provide signage on any façade but shall not combine
the total amount of building sign area permitted on each facade and
apply it to any single façade.
4. Any sign that is incorporated into a building as an architectural element
shall be classified as a building sign.
5. The amount of building signs permitted shall be based on the façade
width of the principal building regardless if the signs are to be attached
to accessory buildings, canopies covering gas pumps, or similar
accessory structures.
6. The amount of building signs permitted as part of a PUD shall be
established within the PUD approval. If a PUD approval does not
address the regulations for building signs, then the provisions of this
section shall apply.

TABLE 3: MAXIMUM BUILDING SIGN AREA ALLOWANCE PER FACADE

CBD and PSP Districts C and I Districts
132 square feet for each wall fronting on a street or ten 150 square feet for each wall fronting on a street or ten percent
percent of the area, whichever is less of the area, whichever is less

NOTE: For buildings with multiple tenants, the ratio shall be applied to each lineal foot of building facade width
assigned to each individual tenant.

6-13.3.6 Wall Signs

1. Wall signs shall be mounted on or flush with a wall and shall not
protrude more than 24 inches from the wall or face of the building to
which it is attached.
2. A wall sign may be painted directly on a building wall, mounted on the
façade wall, or mounted on a raceway or wireway.

16
 3. Any wall sign, except for signs painted directly onto the wall, shall be
mounted so there is a minimum clearance of eight feet from the
sidewalk and 16 feet above any driveway or vehicular use area.
4. Wall signs shall not extend above the parapet of the main building to
which it is attached; nor beyond the vertical limits of such building.
5. The lettering of wall signs mounted on a cornice or transom shall not
exceed the breadth or height of the cornice or transom on which the
lettering is mounted.
6. The Town of Warrenton may install additional wall signage on
buildings, with written permission from the building owner, without
reducing the amount of building signage allowed by this Article for the
subject building.
7. Wall signs may be internally or externally illuminated in the C and I
Districts.
6-13.3.7 Awning, Canopy, or Marquee Signs
Any canopy, awning, or marquee sign allowed pursuant to this section shall
comply with the following standards:
1. Signage shall not cover more than 15 square feet of any individual
awning or canopy, or 50 percent of any marquee.
2. All components of the awning, canopy, or marquee shall have a
minimum clearance of eight feet from the sidewalk and 16 feet above
any driveway or vehicular use area.
3. Marquee signs may include manual changeable copy signs.
4. Only the area of the sign may be illuminated internally. The remainder
of any awning, canopy, or marquee shall not be illuminated.
6-13.3.8 Projecting or Suspended Signs
1. Only one projecting or one suspended sign shall be permitted for each
tenant on each street frontage where the tenant has building frontage.
2. A projecting sign shall be perpendicular to the wall of the building to
which it is attached and shall not extend more than four feet from the
façade wall to which it is attached.
3. A suspended sign may be attached to the ceiling of an outdoor arcade
or underneath a canopy, awning, or marquee if it complies with the
sign area, height, and clearance standards of this section.
4. Projecting and suspended signs shall maintain a minimum six-inch
clearance from the façade of any building.
5. Decorative supporting structures (e.g., brackets and posts) for
projecting signs are encouraged and shall not count toward the
maximum square footage of signs allowed, however, in no case shall
the supporting structure exceed six square feet.
6. The maximum sign area for a projecting sign shall be six square feet.

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 7. The maximum sign area for any single suspended sign shall be four
square feet.
8. All components of the projecting sign shall have a minimum clearance
of eight feet above a sidewalk or any walkway and 16 feet above any
driveway or portion of a private lot used for vehicular circulation.
9. Projecting signs shall not be internally illuminated.
10. Projecting and suspended signs must be suspended from brackets
approved by the Building Official and contain no exposed guy wires or
turnbuckles.
1 1 . Projecting or suspended signs shall not extend to a point closer than
two feet from the curb line of any street.
12. The bracket supporting the sign shall be located below the eaves of a
one-story building or below the second-floor window of a multi-story
building.
13. The brackets of all projecting signs on one building must be
horizontally alighted to maintain a balanced and consistent appearance
in signage on one building.
6-13.4 Freestanding Signs
6-13.4.1 Any freestanding sign shall be a monument sign. A sign that is placed on
posts, which are no more than two feet in height to the base of the sign
cabinet or sign face, shall be considered a monument sign for the purposes
of this Article.
6-13.4.2 Up to 75 percent of any freestanding sign area may be a changeable copy
sign in all districts except in the CBD.
6-13.4.3 All signs shall be subject to the illumination of signs shall be subject to
Section 6-7 and Article 9.
6-13.4.4 All monument signs may be subject to review of line of sight to prevent the
sign from blocking visibility from vehicles at intersections of streets and
driveways or private drives and intersections in addition to the vision
clearance requirements. See Paragraph 6-6.6. Such review shall be
undertaken by the applicable review board or the Zoning Administrator, as
applicable.
6-13.4.5 Monument Signs in the CBD and PSP Districts
1 . Monument signs shall be set back a minimum of 10 feet from the
right-of-way line of any street in the PSP District.
2. Monument signs in the CBD shall be located no closer to a street than
the right-of-way line.
3. Monument signs where permitted are subject to the following
limitations:
(1) Each sign shall be located at least 25 feet from any side or rear
property line adjacent to an R zone.

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 (2) Each sign located in a parking area shall have a concrete or
asphalt curb island protecting the sign against damage when
located in a parking area.
(3) All monument signs shall be set back a minimum of 25 feet
from any side or rear property line when adjacent to an R
district.
(4) Each sign shall not exceed eight feet in height.
(5) Each sign shall not exceed 32 square feet in area.
(6) One monument sign of a size and height permitted in this
section shall be permitted on each street frontage. For street
frontages that are 100 feet or wider, one additional monument
sign shall be permitted in accordance with this section. The two
signs shall be separated by a minimum of 50 feet.
6-13.4.6 Monument Signs in the C and I District
1 . Monument signs shall be set back a minimum of 10 feet from the
right-of-way line of any street.
2. Monument signs where permitted are subject to the following
limitations:
(1) Each sign located in a parking area shall have a concrete or
asphalt curb island protecting the sign against damage when
located in a parking area.
(2) All monument signs shall be set back a minimum of 25 feet
from any side or rear property line when adjacent to an R
district.
(3) Each sign shall not exceed 20 feet in height in the C District and
10 feet in height in the I District.
(4) Each sign shall not exceed 40 square feet in area in the C District
and 50 square feet in the I District.
(5) One monument sign of a size and height permitted in this
section shall be permitted on each street frontage. For street
frontages that are 100 feet or wider, one additional monument
sign shall be permitted in accordance with this section. The two
signs shall be separated by a minimum of 50 feet.
(6) One monument sign of a size and height permitted in this
section shall be permitted on each street frontage. For street
frontages that are 100 feet or wider, one additional monument
sign shall be permitted in accordance with this section. The two
signs shall be separated by a minimum of 50 feet.
3. Electronic Message Centers
(1) One monument sign on each lot may have an electronic
message center.

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 (2) The maximum sign area of the electronic message center shall
be 12 square feet or 25 percent or the total sign area, whichever
is less.
(3) No additional changeable copy sign area shall be permitted on a
monument sign if there is an electronic message center.
(4) Any message change shall be a static, instant message change.
(5) Messages can only change once every hour.
(6) Only Light Emitting Diodes (LED) technology or similar
quality signs shall be permitted for electronic message centers.
(7) The electronic message center shall come equipped with an
automatic dimming photocell, which automatically adjusts the
display’s brightness based on ambient light conditions.
(8) The brightness level shall not increase by more than 0.3 foot
candles (or 3.23 lumens per square meter or lux) (over ambient
levels) as measured using a foot candle meter at a pre-set
distance.
(9) The procedure and distances for measurement of brightness
shall be as established by the International Sign Association’s
Recommend Night- time Brightness Levels for On-Premise
Electronic Message Centers.
6-13.5 Signs at Private Driveway Entrances or Intersections
Permanent signs shall be permitted near driveway entrances to a street and at
intersections of internal drives under the following provisions:
6-13.5.1 Driveway signs are not permitted in the CBD District.
6-13.5.2 Driveway signs shall be set back at least five feet from all lot lines but in no
case shall the sign be set back more than 25 feet from the driveway entrance
or intersection of internal drives;
6-13.5.3 One sign may be permitted per individual driveway or internal intersection;
6-13.5.4 The sign may not exceed four square feet in area and three feet in height.
6-13.5.5 Driveway signs may be internally or externally illuminated.
6-13.5.6 Driveway signs shall not be included in the total calculated allowed signage
for a property under the remainder of this Article.
6-13.6 Drive-Through Signs
6-13.6.1 One freestanding drive-through signs shall be allowed for each stacking lane
in a drive-through facility provided the total aggregate sign area of all drive-
through signs, for each facility, does not exceed 72 square feet. In no case
shall a single drive-through sign exceed 36 square feet in sign area.
6-13.6.2 Drive-through signs are prohibited in the CBD District.
6-13.6.3 Up to two additional drive-through signs may be permitted for each stacking
lane if the additional signs are completely screened from view from any
right-of-way or adjacent residential uses.

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 6-13.6.4 Drive-through signs shall only be permitted in a side or rear yard.
6-13.6.5 Drive-through signage shall not be included in the total calculated allowed
signage for a property under the remainder of this Article. Any signs
attached to a wall of building or the structure shall be calculated as part of
the building signage allowance in Section 6-13.3.
6-13.6.6 No drive-through sign shall exceed six feet in height measured from the
grade of the adjacent driving surface to the top of the sign.
6-13.6.7 Drive-through signs may be internally or externally illuminated.

6-14 Master Sign Plan Option for Large Developments

6-14.1 The master sign plan allowance established herein is to provide for additional permanent
signage for large-scale developments. The master sign plan provides a review process
where any development that includes more than 25 acres, contains buildings with a
cumulative floor area of more than 300,000 square feet, or a single building with a gross
floor area of 50,000 square feet or more can submit a master sign plan package that
illustrates all the signage that will be used on the lot and the relationships of all these
signs to the development.
6-14.2 The Planning Director shall have the authority to permit the submission of a master sign
plan for a project that does not comply with the project size requirement above if:
6-14.2.1 The project is a stand-alone, mixed-use project that contains both
commercial or office uses with a residential component that contains a
density higher than allowed in any residential district; or
6-14.2.2 The master sign plan is part of a proposed planned unit development.
6-14.3 Master Sign Plan Requirements
6-14.3.1 Master sign plans may be submitted for any nonresidential or mixed-use
development that meets the acreage or square foot threshold above, and
where the applicant wishes to submit a single, comprehensive master sign
plan for review as part of a PUD or land use application, as applicable.
6-14.3.2 A master sign plan is intended to promote consistency among signs within a
development and enhance the compatibility of signs with the architectural
and site design features within a development, as well as with the
surrounding neighborhood.
6-14.3.3 A master sign plan may include the following bonuses where the proposed
sign plan shows that all the signs will contribute to the overall design of the
development as well as comply with any of the city’s adopted plans or
policies:
1. One additional freestanding sign per frontage that may exceed the
maximum freestanding sign height and sign area of the applicable
zoning district by 25 percent; and
2. An increase of up to 25 percent of the maximum building sign area
allowed in the applicable district pursuant to Section 6-13.3.
6-14.3.4 An application for review of a master sign plan shall include:

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 1. A master sign plan, drawn to scale, delineating the site proposed to be
included within the master sign plan and the general locations of all
permanent signs including freestanding and building signs and the
property lines, buildings and roadways;
2. Drawings and/or sketches indicating the dimensions in square feet,
location and sign area for all the permanent signs;
3. Drawings and/or sketches indicating the exterior surface details of all
buildings on the site on which wall signs, awning signs, canopy signs,
projecting signs, window signs or other building signs are proposed;
4. Samples or photos of colors and materials to be used for signs and the
relationship to the building materials; and
5. Information regarding the illumination of any signs.
6-14.3.5 In order for the applicable review boards to approve a master sign plan, it
must find all of the following:
1. That the plan's contribution to the design of the site and surrounding
area will be superior to the quality that would result under the
regulations and standards of this Article;
2. That the signs proposed as part of the master sign plan will create a
uniform sign package for the site related to materials, lighting, design
and other features of the individual signs; and
3. That the proposed signs are compatible with the style or character of
improvements and are well-related to each other in terms of location
and spacing.
6-14.3.6 The Planning Commission may impose reasonable conditions to a master
sign plan necessary to carry out the intent of this Article.
6-14.3.7 No sign permits, building permits, or other permits required for the
construction of any sign shall be issued unless the sign complies with the
approved master sign plan.
6-14.3.8 An approved master sign plan may only be amended or modified through
the same review process required for its approval.

6-15 Temporary Signs

The following temporary signs shall be permitted anywhere within the Town provided they meet
the established standards.
6-15.1 Standards that Apply to all Temporary Signs
6-15.1.1 Temporary signs shall not be mounted, attached, affixed, installed, or
otherwise secured in a manner that will make the sign a permanent sign.
6-15.1.2 No temporary sign shall be mounted, attached, affixed, installed, or
otherwise secured so as to protrude above the roofline of a structure.
6-15.1.3 Temporary signs shall not be posted in any place or in any manner that is
destructive to public property including, but not limited to, rights-of-way,
utility poles, public trees, etc.

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 6-15.1.4 Unless otherwise specifically stated, temporary signs shall not be
illuminated.
6-15.1.5 No temporary sign shall require a foundation, support, wiring, fittings, or
elements that would traditionally require a building permit or electrical
permit.
6-15.1.6 No streamers, spinning, flashing, or similarly moving devices shall be
allowed as part of or attachments to temporary signs.
6-15.1.7 All temporary signs shall be secured in such a manner as to prevent
swinging or other significantly noticeable movement resulting from the
wind that could pose a danger to people, vehicles, or structures.
6-15.1.8 Mobile signs on wheels, runners, casters, parked trailers, parked vehicles, or
other temporary or movable signs shall not be permitted unless otherwise
specifically stated in this Article.
6-15.1.9 Because of the nature of materials typically used to construct temporary
signs and to avoid the unsightliness of deteriorating signs and all safety
concerns which accompany such a condition, temporary signs shall be
removed or replaced when such sign is deteriorated.
6-15.2 Sign Permits for Temporary Signs
6-15.2.1 Unless otherwise stated, a sign permit for temporary signs shall be required
for temporary signs that exceed 12 square feet.
6-15.2.2 Only one sign permit for a temporary sign shall be issued to the same
business license holder, on the same site, for the same business at any one
time.
6-15.3 Temporary Signs without a Commercial Message
Temporary signs without a commercial message do not require a sign permit provided
they comply with the following standards:
6-15.3.1 Temporary signs that do not contain a commercial message shall still be
required to comply with the vision clearance requirements. See Paragraph 6-
6.6.
6-15.3.2 The maximum height of temporary signs without a commercial message
shall be six feet unless it is a banner sign mounted to a structure, in which
case, the banner sign shall not be mounted above the roofline or the top of
the structure.
6-15.3.3 The maximum sign area of any sign without a commercial message shall be
eight square feet.
6-15.3.4 Such signs shall be limited to yard signs or banner signs.
6-15.4 Temporary Signs with a Commercial Message in Residential Zoning Districts and
the RO District
The following temporary signs are allowed in the R-6, R-10, R-15, R-40, RT, R-E,
RMF, and RO zoning districts or on residential lots within a PUD along provided they
comply with all applicable standards:

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 6-15.4.1 One yard or banner sign with a commercial message shall be permitted on
any single lot.
6-15.4.2 The signs shall be subject to the sign-specific standards in Section 6-15.6.
6-15.4.3 The maximum sign area for any individual sign shall be six square feet with
a maximum height of four feet in the R-6, R-10, R-15, R-40, RT, R-E, and
RO zoning districts.
6-15.4.4 The maximum sign area for any individual sign shall be eight square feet
with a maximum height of six feet in the RMF district.
6-15.4.5 In lieu of the above regulations, any nonresidential use located in a
residential zoning district shall be permitted the same amount of temporary
commercial signs as allowed in the PSP district pursuant to Section 6-15.5.
6-15.5 Temporary Signs with a Commercial Message in Nonresidential Zoning Districts
The following temporary signs are allowed in the CBD, PSP, C, and I zoning districts or
on lots used for nonresidential purposes within a PUD:
6-15.5.1 Signs Allowed for an Unrestricted Time
The following temporary sings are allowed without any time restrictions
subject to all other applicable standards in this code:
1. A maximum of 18 square feet of aggregate temporary signs with
commercial messaging shall be permitted for every 100 feet of lineal
street frontage.
2. The signs are limited to yard signs or banner signs subject to the sign-
specific standards in Section 6-15.6.
3. The maximum sign area for any individual sign shall be nine square
feet with a maximum height of six feet.
6-15.5.2 Additional Signs with Time Limitations
1. In addition to the temporary signs allowed in Section 6-15.5.1 above,
Table 4 establishes the total square footage, height, and allowances for
temporary signs allowed in the applicable nonresidential zoning
district.
2. Each sign shall be subject to the standards established for each
applicable sign type in this section.

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 TABLE 4: TEMPORARY SIGNS ALLOWANCES IN NONRESIDENTIAL DISTRICTS
Maximum Sign
Districts Maximum Sign
Sign Type Area (Square Time Limits
Allowed Height (Feet)
Feet)
A-Frame or T-Frame Sidewalk See Section 6-
9 3
Signs 15.6.1.
All
Banner Signs See Section 6-15.6.2.
Nonresidential
Districts 15 consecutive
Yard Signs 24 6 days, four times
per calendar year

6-15.6 Standards for Temporary Sign Types

6-15.6.1 A-Frame or T-Frame Sidewalk Signs
1. There shall be no time limit for sidewalk signs with the exception that
the sign shall only be placed outside during the hours of the
establishment’s operation.
2. Only one sidewalk sign is allowed per each first-floor business
establishment at one time. Such sign must be located within ten feet of
the entrance of the establishment that owns the sign.
3. A sign permit shall be required for the initial placement of the sign,
regardless of the size of the sign.
4. The sign may be located on a public sidewalk or private sidewalk (e.g.,
walkway adjacent to a building outside of the right-of-way) provided it
is placed on pavement and not in any landscaped areas or on pavement
used for vehicles (e.g., driveways and parking lots).
5. If the sign is placed on a sidewalk, the sign can only be placed where
the paved sidewalk width, not including curb top, is at least seven feet
wide. The width and placement of the sign shall be such so that there
shall be a minimum width of four feet of clear and passable sidewalk
for pedestrians.
6. Signs shall be placed in a manner so that its location in proximity to
other signs on the sidewalk shall provide for a clear and continuous
pathway that allows for the safe movement of pedestrians.
7. The sign must be freestanding and shall not be affixed, chained,
anchored, or otherwise secured to the ground or to any pole, parking
meter, tree, tree grate, fire hydrant, railing, or other structure.
8. The sign must not obstruct access to parking meters, bicycle racks and
other features legally in the right-of-way.
9. The sign must not interfere with the opening of car doors in legal
spaces, or with the operation of wheelchair lifts and ramps, cab stands,
loading zones or bus stops.

25
 10. Any area designated for emergency access or off-street parking,
circulation and loading shall not contain a sign.
11. The sign shall be internally weighted so that it is stable and windproof
so as to resist wind gusts of up to ten miles per hour. Signs shall be
constructed of wood, metal, or other similarly sturdy materials.
12. The Town of Warrenton shall be held harmless from any liability
resulting from accident or injury caused by the placement and/or
maintenance of such sign.
13. Banners, pennants, streamers or similar wind or air driven devices
attached to or otherwise used in conjunction with the sign are
prohibited.
14. The sign shall not be illuminated.
6-15.6.2 Banner Signs
1. There shall be no maximum number of banner signs provided the
aggregate total square footage of all banner signs does not exceed the
maximum sign area allowed in Section 6-15.4 for residential uses or
36 square feet per establishment for nonresidential uses with the
exception of paragraph (e) below.
2. Banner signs may be attached to a building, fence, or other similar
structure. Banner signs attached to posts and mounted in a yard or
landscaped area shall be regulated as a temporary yard sign.
3. Banner signs in the Historic District may only be permitted to be
attached to a building if the banner can be attached to existing fixtures.
No additional holes or fixtures may be added to a building for the
purposes of supporting a banner sign.
4. The maximum height standard for temporary signs shall not apply to a
banner sign but such signs shall not be mounted in a manner that
extends above the roofline of a building or the top of the structure on
which it is mounted.
5. Banner signs shall be permitted for up to 15 consecutive days, four
times per calendar year with the exception of paragraphs (e) below.
6. For zoning permit applications related to the establishment of a new
use within an existing building where there is existing permanent sign,
a banner sign may be approved for up to 60 consecutive days to cover
the existing permanent signs. Such banner sign shall not exceed the
sign area of the permanent sign and shall require a sign permit.
6-15.6.3 Yard Signs
1. There shall be no maximum number of yard signs provided the
aggregate total square footage of all yard signs does not exceed the
maximum sign area allowed in this section on temporary signs.
2. There shall be a maximum of two faces to the sign, mounted back-to-
back.

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6-16 Nonconforming Signs
6-16.1 Any sign that was lawfully in existence at the time of the effective date of this
Ordinance, or amendment thereto, that does not conform to the provisions herein, shall
be deemed a legal nonconforming sign and may remain on a lot of record except as
qualified below. No legal nonconforming sign shall be enlarged, extended, structurally
altered or reconstructed in any manner, except to bring it into full compliance with these
regulations, except that these regulations shall not prohibit the replacement of the content
of a sign without the structural modification of its size, location or configuration.
6-16.2 A sign shall lose its legal nonconforming status and must be brought into compliance
with the provisions of this Article by an application for, and issuance of, a sign permit or
by complete removal, if any of the following occurs:
6-16.2.1 If such sign is damaged to an amount exceeding 50 percent of the sign's fair
market replacement value, as determined by appraisals prepared by at least
two sign companies as selected by the Town;
6-16.2.2 The structure of the sign is altered in any form;
6-16.2.3 The sign is relocated;
6-16.2.4 The sign is defined as a temporary sign and has been in use for more than
one year following the effective date of this amendment; or
6-16.2.5 The nonconforming sign and its structure (including support and frame and
panel) are determined by the Zoning Administrator to be unsafe or in
violation of this code and are declared a nuisance.
6-16.3 Failure to bring a sign into compliance after loss of a legal nonconformity status as
defined in above shall cause the sign to be considered an illegal sign.
6-16.4 Minor repairs and maintenance of nonconforming signs, such as repainting, electrical
repairs and neon tubing repair shall be permitted.
6-16.5 Sign face changes where there is no change to the nonconforming sign structure
including change in sign face area, height, or alteration of the sign cabinet, if applicable,
may be made without a sign permit and without losing the legal nonconforming status of
the sign. These actions include, but are not limited to, replacement of a sign face within
a pre-existing sign cabinet, repainting of a sign face where the message does not change,
or similar actions as determined by the Zoning Administrator
6-17 Removal of Signs
6-17.1 After making a reasonable attempt to notify the property owner, the Town may order the
removal of a nonconforming sign that has been abandoned. Such notice shall conform to
Section 11-3.2.2 of this Ordinance. For the purposes of this section, a sign is considered
abandoned if the business for which the sign was erected has not been in operation for a
period of at least one year. If following such a one-year period, the Town has made a
reasonable attempt to notify the property owner, via certified mail to the last known
address, as listed in the property records, the Town may remove nonconforming signs
and charge the cost of removal to the owner.
6-17.2 The Zoning Administrator may order the removal of any illegal sign. Notice and
enforcement of such a violation shall be accordance with Article 11 of this Ordinance.

27
6-18 Maintenance
6-18.1 Every sign shall be maintained in a safe, presentable, and good structural condition at all
times, including the replacement of a defective part, painting, cleaning, and other acts
required for the maintenance of the sign.
6-18.2 Whenever a sign is to be removed pursuant to the requirements of this section, all parts
of the sign and supporting structure (e.g., pole, monument, cabinet structure, etc.),
excluding buildings for wall, projecting, or similar signage, shall be removed in its
entirety. This section shall not require the removal of a raceway if mounted to such
structure on a building.
6-18.3 The Zoning Administrator may order the removal or repair of any sign that, has become
insecure, in danger of falling or otherwise unsafe, or presents a threat to the public safety.

28
 Article 6 – Sign Regulations
Amended XXX, 2018
6-1 Intent .................................................................................................................................................................. 1
6-2 Severability ........................................................................................................................................................ 1
6-3 General Applicability ........................................................................................................................................ 1
6-3.5 Signs Not Regulated by this Article.................................................................................................... 1
6-4 Sign Permit Requirements, Review Timing, and Process ............................................................................. 2
6-4.1 Sign Permit Required .......................................................................................................................... 2
6-4.2 Sign Permit Review Timing................................................................................................................ 3
6-4.3 Sign Permit Review Process ............................................................................................................... 3
6-4.4 Sign Permit Review in the Historic District ......................................................................................... 4
6-4.5 Violation and Revocation of Sign Permit ............................................................................................ 5
6-5 Measurements and Calculations ...................................................................................................................... 5
6-5.1 Sign Setback ....................................................................................................................................... 5
6-5.2 Sign Height ......................................................................................................................................... 6
6-5.3 Sign Area ............................................................................................................................................ 6
6-5.4 Street and Façade Frontage Measurements......................................................................................... 9
6-6 General Regulations for All Sign Types .......................................................................................................... 9
6-6.12 Signs in Rights-of-Way .................................................................................................................... 10
6-7 Sign Illumination ............................................................................................................................................. 10
6-8 Prohibited Signs .............................................................................................................................................. 11
6-9 Special Standards for Signs in the Historic District..................................................................................... 12
6-9.3 Illumination....................................................................................................................................... 12
6-10 Permanent Signs at Entries ............................................................................................................................ 13
6-10.9 Residential Sign Alternative ............................................................................................................. 13
6-11 Permanent Signs Permitted in PUD Districts ............................................................................................... 14
6-12 Permanent Signs Permitted in Residential Districts and the RO District ................................................. 14
6-12.1 Signs for Individual Dwellings ......................................................................................................... 14
6-12.2 Signs for Nonresidential Uses in Residential Zoning Districts......................................................... 14
6-13 Permanent Signs Permitted in Nonresidential Districts .............................................................................. 14
6-13.2 Window Signs ................................................................................................................................... 15
6-13.3 Building Signs................................................................................................................................... 15
6-13.4 Freestanding Signs ............................................................................................................................ 18
6-13.5 Signs at Private Driveway Entrances or Intersections ...................................................................... 20
6-13.6 Drive-Through Signs ........................................................................................................................ 20
6-14 Master Sign Plan Option for Large Developments ...................................................................................... 21
6-14.3 Master Sign Plan Requirements ........................................................................................................ 21
6-15 Temporary Signs ............................................................................................................................................. 22
6-15.1 Standards that Apply to all Temporary Signs ................................................................................... 22
6-15.2 Sign Permits for Temporary Signs .................................................................................................... 23
6-15.3 Temporary Signs without a Commercial Message ........................................................................... 23
6-15.4 Temporary Signs with a Commercial Message in Residential Zoning Districts and the RO
District .............................................................................................................................................. 23
6-15.5 Temporary Signs with a Commercial Message in Nonresidential Zoning Districts ......................... 24

i
 6-15.6 Standards for Temporary Sign Types ............................................................................................... 25
6-16 Nonconforming Signs ...................................................................................................................................... 27
6-17 Removal of Signs ............................................................................................................................................. 27
6-18 Maintenance..................................................................................................................................................... 28

ii
6-1 Intent
Signs are an integral part of the built environment that can contribute to Warrenton’s sense of
place, direct people to businesses and destinations, and allow for the promotion of community
events and business operations. The intent of this Article is to allow for the continued use of
signs for these purposes while managing potential safety issues. It is furthermore the intent of
these regulations to promote and protect the public health, safety and welfare, further the goals of
the Comprehensive Plan, and regulating signs in a manner consistent with the First Amendment
guarantee of free speech by enabling the public to:
6-1.1 Locate goods, services and facilities without difficulty or confusion;
6-1.2 Protect and enhance property values;
6-1.3 Facilitate the creation of a convenient, orderly, attractive and harmonious community;
6-1.4 Protect the scenic, natural and historic character of the Town;
6-1.5 Promote economic development;
6-1.6 Promote traffic safety by preventing obstructions within public rights-of-way,
minimizing visual distractions to motorists, ensuring that sign size and height are
appropriate to their location, and preventing conflicts with public safety signs and police
and fire protection; and
6-1.7 Protect the safety of people and property against sign hazards due to collapse, decay or
abandonment; and permitting signs that are appropriate to the planned character and
development of each zoning district.
6-2 Severability
The regulations of this Article shall be subject to the severability clause of Section 1-8 of this
Ordinance.
6-3 General Applicability
6-3.1 It shall hereafter be unlawful for any person to erect, place, relocate, expand, modify,
maintain, or otherwise alter a sign in the Town except in accordance with the provisions
of this Article.
6-3.2 Unless otherwise provided, this Article shall apply to any sign, in any zoning district,
that is legible or readable from a public right-of-way or from an adjacent property.
6-3.3 Any sign legally established prior to the effective date of this Article, and which sign is
rendered nonconforming by the provisions herein, shall be subject to the nonconforming
sign regulations of Section 6-16.
6-3.4 Sign regulations in the Historic District shall be subject to Section 6-4.4.
6-3.5 Signs Not Regulated by this Article
The following are signs that are entirely exempt from the regulations of this Article
including any requirements for sign permits:
6-3.5.1 Any sign that is located completely inside a building that is not visible from
the exterior (See also definition of window sign.);

Draft Town of Warrenton’s Sign Regulations 10-16-18 1

 6-3.5.2 Signs that are located within a stadium, open-air theater, outdoor shopping
center, park, arena or other outdoor use, with the exception of vehicular use
areas, which signs are not visible from a public right-of-way or adjacent
property, and can be viewed only by persons within such stadium, open-air
theater, outdoor shopping center, parks, arena, or other outdoor use;
6-3.5.3 Any sign on a truck, bus or other vehicle that is used in the normal course of
a business (e.g., deliveries or fleet vehicles for contractors) for
transportation (See also Paragraph 6-8.14.), or signage required by the State
or Federal government;
6-3.5.4 Signs installed or required by the Town, Fauquier County, State of Virginia,
or approved transit agency;
6-3.5.5 Address identification signs as required by the most current and adopted
version of the applicable Virginia Building Code;
6-3.5.6 Any warning signs or traffic safety signs required by public utility
providers; and
6-3.5.7 Any illumination or decorations erected in observance of religious, national,
or state holidays which are not intended to be permanent in nature and
which contain no advertising material.
6-4 Sign Permit Requirements, Review Timing, and Process
6-4.1 Sign Permit Required
6-4.1.1 Unless otherwise stated in this Article, all signs shall require a sign permit
issued by the Zoning Administrator. Where applicable, signs in the Historic
District shall receive approval by the Architectural Review Board (ARB), in
accordance with this Article, prior to issuance of a sign permit.
6-4.1.2 The following signs are subject to the requirements of this Article but do not
require a sign permit. Such signs may, however, still be subject to building
permit requirements.
1. Flags that do not contain a commercial message provided there shall
be no more than three such flags on any lot and the size of each flag
does not exceed 50 square feet;
2. Signs and/or notices issued by any court, officer, or other person in
performance of a public duty. Any such sign shall be removed no later
than seven days after the last day it is required to be displayed;
3. Sign face changes where there is no change to the structure including
change in sign face area, height, or alteration of the sign cabinet, if
applicable (e.g., replacement of a sign face, repainting of a sign face,
etc.) except in the Historic District where a sign permit is required for
such changes;
4. Certain temporary signs as established in Section 6-15.
5. Changes of copy on signs with changeable copy; and

Draft Town of Warrenton’s Sign Regulations 10-16-18 2

 6. A sign permit is not required for general maintenance, painting,
repainting, cleaning and other normal maintenance and repair of a sign
or any sign structure unless a structural change is made.
6-4.2 Sign Permit Review Timing
Table 1 below identifies when a sign that requires a sign permit shall be reviewed.

TABLE 1: SIGN PERMIT REVIEW TIMING

Sign Permit Requirement Due at Time Of:
Installation, replacement, or other change to a sign that is not part of a new use,
Sign Permit
new development, or change of use

All signs reviewed as part of the site

Installation, replacement, or other change to a sign that is part of a new use, new development plan process. Approval
development, or change of use that requires a Site Development Plan as of signs during this process shall
established in Article 10 constitute approval of sign permits for
the reviewed signs.

Proposal for a sign to be a part of a new Sign placement and allocation to be

subdivision reviewed as part of a subdivision plat

Sign placement and allocation to be

Signs at entries as allowed in Proposal for a sign to be a part of an existing,
reviewed as part of an amended
Section 6-10 platted subdivision
easement plat

Installation, replacement, or other change to a

Sign Permit
sign allowed at entries of subdivisions

As part of a Planned Unit

Proposal for a master sign plan Development District or land use
Master Sign Plan Review application, as applicable
(See Section 6-14.) Installation, replacement, or other changes to a As part of a site development plan
sign allowed under an approved master sign review or sign permit review, as
plan applicable above

As determined by the Zoning

Other situations where a sign permit is required
Administrator

NOTE: In all cases, if the sign is within the Historic District, the sign must be reviewed and approved by the ARB prior
to issuance of a sign permit from the Town of Warrenton,

6-4.3 Sign Permit Review Process

6-4.3.1 Applications for sign permits must be filed with the Zoning Administrator on
forms as provided by the Town, accompanied by a filing fee.
6-4.3.2 The application shall be accompanied by information as established in a
submittal requirement established by the Zoning Administrator.

Draft Town of Warrenton’s Sign Regulations 10-16-18 3

 6-4.3.3 The Zoning Administrator or designee shall promptly process the sign
permit application and approve the application, reject the application, or
notify the applicant of deficiencies in the application within 20 business
days after receipt. For signs that require a Certificate of Appropriateness,
(COA), such timeframe for a sign permit shall not begin until the COA is
approved.
6-4.3.4 A COA is required before sign permits can be issued within the Historic
District. See also Section 6-9, below.
6-4.3.5 An approved sign permit shall expire one year after date of issuance unless
the permitted sign has been erected as specified by the permit. If the permit
expires, a new application and approval shall be required in accordance with
this Article. Such resubmission shall also require a new payment of the
required sign permit fees, under the sign regulations in effect at that time.
6-4.3.6 In some instances, a sign may require a building permit. No sign shall be
installed until all required permits have been approved.
6-4.4 Sign Permit Review in the Historic District
6-4.4.1 Any sign to be located within the Historic District shall be subject to the
provisions of this Article and the Warrenton Historic District Design
Guidelines, as may be applicable. Where there is a conflict between this
Article and the Design Guidelines, the requirements of this Article shall
apply.
6-4.4.2 Where a COA is required for a sign in the Historic District, such COA shall
be approved by the Zoning Administrator or the ARB, as determined in this
section.
6-4.4.3 Administrative COA Approval
1. The Zoning Administrator, or their designee, may review and approve
a COA application for the any window or building sign in the Historic
District if such sign meets all of the following criteria:
(1) The Zoning Administrator determines that the sign complies
with the design guidelines and any applicable standards of this
Article;
(2) The color of the sign is a color established in a historic color
palette from a commercial paint store;
(3) The sign is less than six square feet in sign area;
(4) The sign is illuminated from an external source only; and
(5) The sign is a building sign with a sign area of six square feet or
less.
2. The Zoning Administrator shall have the authority to forward any
COA application for a sign to the ARB if there is a need for any
further clarification on compliance with the design guidelines and/or
this Article.

Draft Town of Warrenton’s Sign Regulations 10-16-18 4

 6-4.4.4 COA Approval by the ARB
1. The ARB shall review and make decisions on COAs for all projecting
signs in the Historic District.
2. The ARB shall review any COA application for a sign that is not
subject to an administrative approval in Section 6-4.4.3, above.
3. The ARB shall review any COA application for a sign that is
forwarded to the board for review by the Zoning Administrator.
4. The ARB shall review any bonus sign area allowed pursuant to
Section 6-9.
6-4.4.5 Alternative Review
1. Where an applicant proposes a building material for a sign or the
application of lettering that is not in compliance with the Historic
District Design Guidelines, the ARB may review the proposed
material or application to determine if it may be approved as an
alternative as part of the COA application review.
2. Alternatives may only be approved by the ARB and only if the ARB
finds:
(1) That the proposed alternative achieves the intent of the subject
design or development standard to the same or better degree
than the subject standard;
(2) That the proposed alternative results in benefits to the overall
historic district that are equivalent to or better than compliance
with the subject standard; and
(3) That the proposed alternative imposes no greater impacts on
adjacent properties than would occur through compliance with
the specific requirements of this code.
6-4.5 Violation and Revocation of Sign Permit
6-4.5.1 The Zoning Administrator may revoke a permit or approval if it is found
that there has been concealment or misrepresentation of material facts in
either the application or plans submitted.
6-4.5.2 Failure to adhere to the requirements of this Ordinance in the construction
and maintenance of a sign shall void any sign permit issued, and said sign or
structure shall be removed by the property owner forthwith.
6-5 Measurements and Calculations
6-5.1 Sign Setback
All required setbacks for signs shall be measured as the distance in feet from the
applicable lot line or right-of-way, whichever is applicable, to the closest point on the
sign structure.

Draft Town of Warrenton’s Sign Regulations 10-16-18 5

6-5.2 Sign Height
6-5.2.1 The height of a sign shall be computed as the distance from the base of the
sign at normal grade to the top of the highest attached component of the
sign. Normal grade shall be construed to be the newly established grade
after construction, exclusive of any filling, berming, mounding, or
excavating solely undertaken for the purpose of locating or increasing the
height of sign.
6-5.2.2 In cases where the normal grade is below grade at street level, sign height
shall be computed on the assumption that the elevation of the normal grade
at the base of the sign is equal to the elevation of the nearest point of the
crown of a public or private street.
6-5.3 Sign Area
The surface of a sign to be included when computing maximum allowable square
footage of sign area shall be calculated as follows:
6-5.3.1 For sign copy mounted or painted on a background panel, cabinet, or surface
distinctively painted, textured, lighted, or constructed to serve as the
background for the sign copy, the sign area shall be computed by means of
the smallest square, circle, rectangle, triangle, or combination thereof that
encompasses the extreme limits of the background panel, cabinet, or surface.
See Figure A and Figure B.

Figure A: Illustration of sign area calculation for a monument sign with copy on a distinct cabinet.

Draft Town of Warrenton’s Sign Regulations 10-16-18 6

 Figure B: Illustration of computing the sign area for wall signs with a background panel or cabinet.

6-5.3.2 For sign copy where individual letters or elements are mounted or painted
on a building façade or window where there is no background panel,
cabinet, or surface distinctively painted, textured, lighted, or constructed to
serve as the background for the sign copy, the sign area shall be computed
by means of the combination of the smallest square, circle, rectangle,
triangle, or combination thereof that encloses all the letters or elements
associated with the sign. See Figure C. In cases where there are multiple
sign elements on the same surface, the Zoning Administrator shall have the
authority to determine the outermost boundaries of individual sign elements.
Decorative edging or other window treatments that are not an integral part of
the sign copy shall not be considered a part of the sign for the purposes of
this Article. See Figure D.

Figure C: Illustration of sign area calculation for two differently shaped wall signs with individual
letters.

Draft Town of Warrenton’s Sign Regulations 10-16-18 7

 Figure D: Illustration of sign area calculations for multiple sign areas on a window sign

6-5.3.3 The calculation of sign area shall not include any supporting framework,
bracing, or decorative fence or wall unless such structural support is
determined to constitute an integral part of the sign design by means of text
or other commercial message, as determined by the Zoning Administrator.
See Figure A.
6-5.3.4 In the case of a three-dimensional sign where the sign faces are not mounted
back-to-back, the sign area shall be calculated by the smallest square,
rectangle, triangle, circle, or combination thereof, that encompasses the
profile of the sign message. The profile used shall be the largest area of the
sign message visible from any one point. See Figure E.

Figure E: The sign area of a three-dimensional sign is measured measuring the largest profile of the sign.

6-5.3.5 Except for three-dimensional signs, the sign area for a sign with more than
one face (multi-faced signs) shall be computed by adding together the area
of all sign faces when the interior angle is greater than 45 degrees.

Draft Town of Warrenton’s Sign Regulations 10-16-18 8

 6-5.3.6 When two identically sized, flat sign faces are placed back to back or at
angles of 45 degrees or less, so that both faces cannot be viewed from any
one point at the same time, the sign area shall be computed by the
measurement of one of the sign faces. If the two faces are unequal, the sign
area shall be calculated based on the larger of the two faces.
6-5.4 Street and Façade Frontage Measurements
6-5.4.1 When calculating the permitted sign area based on street frontage, only the
street frontage that lies in the incorporated area of the Town of Warrenton
shall be used in the calculation.
6-5.4.2 When calculating the permitted sign area based on the width of any façade,
such calculation shall be based on viewing the façade from a 90-degree
angle (i.e., straight on), regardless of façade insets, offsets, or angles. See
Figure F.

Figure F: Illustration of façade width measurement on varied façade shapes.

6-6 General Regulations for All Sign Types

Unless otherwise specifically stated, the following regulations shall apply to all signs within the
Town:
6-6.1 Permanent signs are considered accessory uses and shall be accessory to a principal use
provided for by this Ordinance.
6-6.2 Failure to adhere to the requirements of this Ordinance voids any permit approval,
requiring removal of the sign or structure. Exceptions shall be for signs permitted in the
right-of-way in accordance with this Article and temporary sidewalk and yard signs
allowed in Section 6-15.
6-6.3 All signs shall be constructed in compliance with the Uniform Statewide Building Code
and any other Town building regulations.
6-6.4 Allowances for signs in the Floodplain District (FPD) shall be that of the underlying
base district and shall otherwise be compliance with all other permitting requirements
for structure in the floodplain, in that district.

Draft Town of Warrenton’s Sign Regulations 10-16-18 9

6-6.5 No sign or sign structure shall be placed on private or public property without the
written consent of the owner or agent thereof.
6-6.6 No sign may be placed or located so as to conflict with or impair line of sight for turning
movements on or onto public streets or conflict with the vision clearance or other
requirements of this Ordinance or applicable traffic ordinances, including Section 2-21.
6-6.7 All landscaping and lighting of signs shall conform to the provisions of Articles 8 and 9
of this Ordinance as well as any applicable standards in this Article.
6-6.8 No sign shall obstruct or interfere with fire ingress or egress from any door, window, or
fire escape, nor shall it obstruct or interfere with traffic or traffic visibility, or resemble
or imitate signs or signals erected by the Town or other governmental agency for the
regulation of traffic or parking.
6-6.9 All signs shall be secured in such a manner as to prevent swinging or other significant
noticeable movement, not including movement related to electronic message centers.
Projecting signs shall be exempt from this requirement.
6-6.10 Neon signs may be used anywhere signs are permitted, except in residential districts,
and provided it is used on a permitted sign type (e.g., wall, monument, etc.). This shall
not include digital signs or LED signs that are intended to mimic neon signs.
6-6.11 The commercial message sign area allowed for any permanent sign permitted in this
chapter may be substituted with a noncommercial message. A sign permit shall not be
required for this substitution if there is no structural change to the sign.
6-6.12 Signs in Rights-of-Way
6-6.12.1 Signs shall be prohibited in the right-of-way with the exception of:
1. Signs installed by the Town, Fauquier County, State of Virginia, or
approved transit agency;
2. Any warning signs or traffic safety signs required by public utility
providers; or
3. Sidewalk signs as allowed in Section 6-15.
6-6.12.2 Any sign to be installed in the right-of-way by an agency other than the
Town shall require prior approval of the Public Works Director.
6-6.12.3 The Zoning Administrator may remove or cause to be removed any
unlawful sign in the public right-of-way. Such removal shall be
accomplished at the property owner’s expense.
6-7 Sign Illumination
All signs, unless otherwise stated in this Article, may be illuminated by internal or external light
sources, provided that such illumination complies with the following:
6-7.1 A lighting plan is submitted as part of a sign permit or site development plan
application, as applicable in Section 6-4.2. Such plan shall include all details of any
illumination proposed as part of a sign.
6-7.2 All sign illumination shall conform with the requirements for lighting as set forth in
Section 9-8 of this Ordinance;

Draft Town of Warrenton’s Sign Regulations 10-16-18 10

6-7.3 Light fixtures illuminating signs shall be located, aimed, and shielded so that light is
directed only onto the sign face and is prevented from creating glare or light shining into
motorist or pedestrian field of vision. Shielding shall be accomplished with architectural
elements, landscaping, and/or specific lighting components, such as shields or louvers.
6-7.4 Lighting shall be designed so any exposed incandescent lamps used to illuminate ground
signs, painted signs, or wall signs shall be equipped with reflectors or other devices
arranged so as to concentrate the illumination upon the area of the sign and prevent glare
or the shining of light onto any adjoining property or public right-of-way.
6-7.5 Exposed lighting sources (e.g., bulbs that are not shielded) for signs shall not be directed
so as to shine directly into adjacent residential dwellings or to shine directly into the line
of sight for vehicles or pedestrians.
6-7.6 Illumination of any sign for a use in the C or I district located within 300 feet of any R
district, shall be extinguished between the hours of 12:00 midnight and 7:00 a.m. except
for any time during that period when the use is legally open for business. Illuminated
signs in the C and I district shall not be located within 50 feet of a residential zoning
district boundary.
6-7.7 The average level of illumination on the face or vertical surface of any sign shall not
exceed one foot-candle at the property line.
6-7.8 The sign shall consist of light lettering, symbols and logo on a medium to dark colored or
similar background that does not produce glare.
6-7.9 Light sources internally illuminating signs shall be located, aimed and shielded so that
light is directed onto the message only. Shielding shall be accomplished with
architectural elements and/or specific lighting components, such as shields or louvers
within the sign. Lettering or symbols shall constitute no more than forty percent of the
surface area of the sign.
6-8 Prohibited Signs
The following types of signs are specifically prohibited within the Town of Warrenton:
6-8.1 Any sign that copies or imitates an official sign, purports to have official status, or
threatens public safety;
6-8.2 Windblown devices, with the exception of flags as allowed in this ordinance;
6-8.3 Flags attached to vehicles for sale or lease that are not used for personal use by the
vehicle owner or lessee;
6-8.4 Signs that employ any parts or elements which revolve, rotate, whirl, spin or otherwise
make use of motion to attract attention. This shall not include changeable copy signs as
allowed in this Article;
6-8.5 Flags that flutter, similar to, and including feather signs;
6-8.6 Signs with moving or flashing lights, except as noted in the changeable copy sign
section.
6-8.7 Beacons and searchlights, except for emergency purposes;
6-8.8 Pennants and streamers;

Draft Town of Warrenton’s Sign Regulations 10-16-18 11

6-8.9 Signs that are applied to trees, bus shelters, utility poles, benches, trash receptacles,
newspaper vending machines or boxes, or any other unapproved supporting structure, or
otherwise placed in the public right-of-way except as provided for in Section 6-6.12;
6-8.10 Signs that obstruct or substantially interfere with any window, door, fire escape,
stairway, ladder, or opening intended to provide light, air, ingress, or egress to any
building;
6-8.11 Signs which are not securely affixed to the ground or otherwise affixed in a permanent
manner to an approved supporting structure unless specifically permitted as a temporary
sign;
6-8.12 Signs mounted on or above the roofline of any building;
6-8.13 Portable signs with the exception of sidewalk signs authorized under Section 6-15;
6-8.14 Vehicle signs viewed from a public road with the primary purpose of providing signage
not otherwise allowed by this Article. Vehicles or trailers shall not be parked
continuously in one location to be used primarily as additional signage. This does not
apply to a vehicle parked at a driver’s residence and is the primary means of
transportation to and from his or her place of employment; and
6-8.15 Any sign not specifically allowed by this Article.
6-9 Special Standards for Signs in the Historic District
6-9.1 Signs in the Historic District shall be the same as those allowed in the underlying base
district.
6-9.2 Applicants for signs in the Historic District can increase the amount of signage
permitted in the underlying base district through bonuses achieved through one of the
following:
6-9.2.1 If all proposed signs are constructed of sustainable, biodegradable materials,
the total amount of building sign area may be increased by 10 percent.
6-9.2.2 If the applicant submits a comprehensive sign plan for the applicable
building, illustrating all existing and proposed signs for the building, the
total amount of building sign area may be increased by five percent provided
the sign plan illustrates:
1. Compliance with the Historic District Design Guidelines and this
Article; and
2. A uniform approach to the design of all signs that will create a
harmonious sign package for the entire building through shape, color,
illumination, and other sign characteristics.
6-9.3 Illumination
6-9.3.1 Wall signs in the Historic District may be illuminated through the following
methods, if approved by the ARB as part of the Certificate of
Appropriateness:
1 . Indirect lighting methods such as gooseneck lighting;
2 . Individual reverse channel letters (halo-lit or reverse-lit); and
3 . Neon signage.

Draft Town of Warrenton’s Sign Regulations 10-16-18 12

6-10 Permanent Signs at Entries
Permanent signs may be permitted within a subdivision, a nonresidential development park, a
multi-family development with over 25 units, or for large multi-tenant buildings with more than
10 acres in accordance with the provisions of this section.
6-10.1 The placement and allocation of the permanent sign shall be reviewed and decided upon
during the subdivision platting process or as part of an amended easement plat, as
identified in Table 1 of this Article. A sign permit shall be required for the installation
and/or any changes to the signs in accordance with this Article.
6-10.2 One permanent monument sign shall be permitted for each subdivision, development
park, or multi-tenant building. For subdivisions, the Planning Commission may permit
additional signs if the subdivision has portions of the subdivision, or individual phases,
with separate access points off of an arterial road.
6-10.3 The sign shall be located within 150 feet of an entrance point into the subdivision,
development park, or multi-tenant center.
6-10.4 The monument sign shall comply with the standards in Table 2.

TABLE 2: SIGNS AT ENTRANCES

District Maximum Sign Area Maximum Sign Height Illumination

Residential, RO, and PSP 24 square feet 6 feet Externally illuminated

Internally or externally
C or I 75 square feet 15 feet
illuminated

6-10.5 Monument signs shall be set back a minimum of 10 feet from the street curb and 25 feet
from any adjacent lot line in a R District.
6-10.6 The subdivision plat or site development plan shall include the location of the sign and
how the sign message area shall be allocated to individual lots or tenants. For the
purpose of identification of the subdivision or development by safety services, the sign
shall be an on-premise sign.
6-10.7 Signs permitted under this section may be located on a lot with another freestanding sign
as allowed in Section 6-13.4 without reducing the amount of other signage allowed on
the same lot in accordance with this Article.
6-10.8 For subdivisions, provided the subdivision is recorded and the zoning is for a
nonresidential zoning district, the sign may be placed even if no construction has taken
place on any of the lots.
6-10.9 Residential Sign Alternative
6-10.9.1 In a residential district, up to two wall signs may be permitted as an
alternative to the permitted monument sign above.
6-10.9.2 The wall signs shall be mounted to a decorative wall or fence that generally
runs parallel with the street and has a minimum length of 500 feet.

Draft Town of Warrenton’s Sign Regulations 10-16-18 13

 6-10.9.3 If two signs are utilized, the signs shall be separated by a minimum of 50
feet.
6-10.9.4 If an applicant proposes to use wall signs, no monument sign, as allowed in
above, shall be permitted.
6-11 Permanent Signs Permitted in PUD Districts
All development in a PUD District shall be subject to the standards of this Article unless
otherwise modified through the PUD public review and approval process.

6-12 Permanent Signs Permitted in Residential Districts and the RO District

The following are the permanent signs allowed in R-6, R-10, R-15, R-40, RT, R-E, and RMF
residential zoning districts, for residential uses within a PUD, and the RO District.
6-12.1 Signs for Individual Dwellings
6-12.1.1 One wall sign is permitted on each individual lot used for residential
purposes provided the sign is mounted flush to the façade of the principal
dwelling and does not exceed two square feet.
6-12.1.2 Such sign shall not be directly illuminated.
6-12.1.3 A sign permit shall not be required for this type of sign.
6-12.2 Signs for Nonresidential Uses in Residential Zoning Districts
6-12.2.1 One permanent monument sign may be permitted on a lot containing a
nonresidential use in a residential zoning district provided the sign meets the
following requirements:
1. The sign shall be set back a minimum of 10 feet from the street right-
of-way and any adjacent lot lines.
2. The maximum sign area shall be 24 square feet.
3. The sign may include manual changeable copy.
4. No such sign or any portion of the structure shall exceed eight feet in
height.
5. The sign may only be illuminated through an external light source.
6-12.2.2 One additional permanent monument sign may be erected on an adjacent
street frontage (same lot) if such street frontage has a length of 100 feet or
more. Such additional sign shall meet the requirements of 6-12.2.1.
6-12.2.3 Building signs shall be permitted for all nonresidential uses in a residential
district in the same manner as permitted for nonresidential uses in the PSP
Commercial District. This shall not apply to signs located on lots used
exclusively for residential dwellings where signage is controlled by Section
6-12.1.
6-13 Permanent Signs Permitted in Nonresidential Districts
The following are the permanent signs allowed in the C, CBD, I, and PSP zoning districts or for
nonresidential uses within a PUD District.

Draft Town of Warrenton’s Sign Regulations 10-16-18 14

6-13.1 Buildings, developments, or subdivisions that are 100 percent residential in any
nonresidential district, shall be subject to the permanent sign allowances established in
Section 6-12.
6-13.2 Window Signs
6-13.2.1 Window signs in the CBD shall comply with the standards of this section
and shall require a sign permit and applicable COA review in accordance
with Section 6-4.4.
6-13.2.2 Window signs in all other district shall not require a sign permit provided
they comply with the standards in this section.
1. Window signs shall not occupy more than 50 percent of the window
area in any nonresidential districts except the CBD District where the
maximum coverage shall be 25 percent of the window area. The sign
area is based on the window area, regardless of the presence of an
awning. See Figure G.

Figure G: The window area is illustrated within the dashed line area for the two storefronts in the above
image.

2. Where window areas as illustrated in Figure G, above have panes

mounted at various angles separated only by the window framing
structure, the window area shall include the total surface area of all
windows, including door windows, regardless of such angles.
3. Window signs may be temporarily or permanently attached.
4. Window signs are not permitted in any window of a space used for
residential uses or purposes unless allowed as a temporary banner sign
in accordance with Section 6-15.
6-13.3 Building Signs
Building signs are permitted on all principal structures in accordance with the following:
6-13.3.1 The building sign area allowed in Table 3 shall include the total amount of
all awning, canopy, marquee, projecting, suspended, or wall signs on each
façade wall. Standards for each individual building sign type are established
in this section. Window signs are regulated separately and are not included
in the calculation of building sign area.

Draft Town of Warrenton’s Sign Regulations 10-16-18 15

 6-13.3.2 Building signs shall not extend above the top of the roofline of the building
to which it is attached.
6-13.3.3 Building signs may not be attached to mechanical equipment or roof
screening.
6-13.3.4 Building signs shall not include electronic message centers.
6-13.3.5 Size
1. This section establishes the maximum sign area permitted for all
building signs based on the district, building, and/or use that they
serve.
2. There is no maximum number of building signs but the total square
footage of building signs located on a single façade shall comply with
the requirements of this section.
3. An applicant may provide signage on any façade but shall not combine
the total amount of building sign area permitted on each facade and
apply it to any single façade.
4. Any sign that is incorporated into a building as an architectural element
shall be classified as a building sign.
5. The amount of building signs permitted shall be based on the façade
width of the principal building regardless if the signs are to be attached
to accessory buildings, canopies covering gas pumps, or similar
accessory structures.
6. The amount of building signs permitted as part of a PUD shall be
established within the PUD approval. If a PUD approval does not
address the regulations for building signs, then the provisions of this
section shall apply.

TABLE 3: MAXIMUM BUILDING SIGN AREA ALLOWANCE PER FACADE

CBD and PSP Districts C and I Districts
132 square feet for each wall fronting on a street or ten 150 square feet for each wall fronting on a street or ten percent
percent of the area, whichever is less of the area, whichever is less

NOTE: For buildings with multiple tenants, the ratio shall be applied to each lineal foot of building facade width
assigned to each individual tenant.

6-13.3.6 Wall Signs

1. Wall signs shall be mounted on or flush with a wall and shall not
protrude more than 24 inches from the wall or face of the building to
which it is attached.
2. A wall sign may be painted directly on a building wall, mounted on the
façade wall, or mounted on a raceway or wireway.

Draft Town of Warrenton’s Sign Regulations 10-16-18 16

 3. Any wall sign, except for signs painted directly onto the wall, shall be
mounted so there is a minimum clearance of eight feet from the
sidewalk and 16 feet above any driveway or vehicular use area.
4. Wall signs shall not extend above the parapet of the main building to
which it is attached; nor beyond the vertical limits of such building.
5. The lettering of wall signs mounted on a cornice or transom shall not
exceed the breadth or height of the cornice or transom on which the
lettering is mounted.
6. The Town of Warrenton may install additional wall signage on
buildings, with written permission from the building owner, without
reducing the amount of building signage allowed by this Article for the
subject building.
7. Wall signs may be internally or externally illuminated in the C and I
Districts.
6-13.3.7 Awning, Canopy, or Marquee Signs
Any canopy, awning, or marquee sign allowed pursuant to this section shall
comply with the following standards:
1. Signage shall not cover more than 15 square feet of any individual
awning or canopy, or 50 percent of any marquee.
2. All components of the awning, canopy, or marquee shall have a
minimum clearance of eight feet from the sidewalk and 16 feet above
any driveway or vehicular use area.
3. Marquee signs may include manual changeable copy signs.
4. Only the area of the sign may be illuminated internally. The remainder
of any awning, canopy, or marquee shall not be illuminated.
6-13.3.8 Projecting or Suspended Signs
1. Only one projecting or one suspended sign shall be permitted for each
tenant on each street frontage where the tenant has building frontage.
2. A projecting sign shall be perpendicular to the wall of the building to
which it is attached and shall not extend more than four feet from the
façade wall to which it is attached.
3. A suspended sign may be attached to the ceiling of an outdoor arcade
or underneath a canopy, awning, or marquee if it complies with the
sign area, height, and clearance standards of this section.
4. Projecting and suspended signs shall maintain a minimum six-inch
clearance from the façade of any building.
5. Decorative supporting structures (e.g., brackets and posts) for
projecting signs are encouraged and shall not count toward the
maximum square footage of signs allowed, however, in no case shall
the supporting structure exceed six square feet.
6. The maximum sign area for a projecting sign shall be six square feet.

Draft Town of Warrenton’s Sign Regulations 10-16-18 17

 7. The maximum sign area for any single suspended sign shall be four
square feet.
8. All components of the projecting sign shall have a minimum clearance
of eight feet above a sidewalk or any walkway and 16 feet above any
driveway or portion of a private lot used for vehicular circulation.
9. Projecting signs shall not be internally illuminated.
10. Projecting and suspended signs must be suspended from brackets
approved by the Building Official and contain no exposed guy wires or
turnbuckles.
1 1 . Projecting or suspended signs shall not extend to a point closer than
two feet from the curb line of any street.
12. The bracket supporting the sign shall be located below the eaves of a
one-story building or below the second-floor window of a multi-story
building.
13. The brackets of all projecting signs on one building must be
horizontally alighted to maintain a balanced and consistent appearance
in signage on one building.
6-13.4 Freestanding Signs
6-13.4.1 Any freestanding sign shall be a monument sign. A sign that is placed on
posts, which are no more than two feet in height to the base of the sign
cabinet or sign face, shall be considered a monument sign for the purposes
of this Article.
6-13.4.2 Up to 75 percent of any freestanding sign area may be a changeable copy
sign in all districts except in the CBD.
6-13.4.3 All signs shall be subject to the illumination of signs shall be subject to
Section 6-7 and Article 9.
6-13.4.4 All monument signs may be subject to review of line of sight to prevent the
sign from blocking visibility from vehicles at intersections of streets and
driveways or private drives and intersections in addition to the vision
clearance requirements. See Paragraph 6-6.6. Such review shall be
undertaken by the applicable review board or the Zoning Administrator, as
applicable.
6-13.4.5 Monument Signs in the CBD and PSP Districts
1 . Monument signs shall be set back a minimum of 10 feet from the
right-of-way line of any street in the PSP District.
2. Monument signs in the CBD shall be located no closer to a street than
the right-of-way line.
3. Monument signs where permitted are subject to the following
limitations:
(1) Each sign shall be located at least 25 feet from any side or rear
property line adjacent to an R zone.

Draft Town of Warrenton’s Sign Regulations 10-16-18 18

 (2) Each sign located in a parking area shall have a concrete or
asphalt curb island protecting the sign against damage when
located in a parking area.
(3) All monument signs shall be set back a minimum of 25 feet
from any side or rear property line when adjacent to an R
district.
(4) Each sign shall not exceed eight feet in height.
(5) Each sign shall not exceed 32 square feet in area.
(6) One monument sign of a size and height permitted in this
section shall be permitted on each street frontage. For street
frontages that are 100 feet or wider, one additional monument
sign shall be permitted in accordance with this section. The two
signs shall be separated by a minimum of 50 feet.
6-13.4.6 Monument Signs in the C and I District
1 . Monument signs shall be set back a minimum of 10 feet from the
right-of-way line of any street.
2. Monument signs where permitted are subject to the following
limitations:
(1) Each sign located in a parking area shall have a concrete or
asphalt curb island protecting the sign against damage when
located in a parking area.
(2) All monument signs shall be set back a minimum of 25 feet
from any side or rear property line when adjacent to an R
district.
(3) Each sign shall not exceed 20 feet in height in the C District and
10 feet in height in the I District.
(4) Each sign shall not exceed 40 square feet in area in the C District
and 50 square feet in the I District.
(5) One monument sign of a size and height permitted in this
section shall be permitted on each street frontage. For street
frontages that are 100 feet or wider, one additional monument
sign shall be permitted in accordance with this section. The two
signs shall be separated by a minimum of 50 feet.
(6) One monument sign of a size and height permitted in this
section shall be permitted on each street frontage. For street
frontages that are 100 feet or wider, one additional monument
sign shall be permitted in accordance with this section. The two
signs shall be separated by a minimum of 50 feet.
3. Electronic Message Centers
(1) One monument sign on each lot may have an electronic
message center.

Draft Town of Warrenton’s Sign Regulations 10-16-18 19

 (2) The maximum sign area of the electronic message center shall
be 12 square feet or 25 percent or the total sign area, whichever
is less.
(3) No additional changeable copy sign area shall be permitted on a
monument sign if there is an electronic message center.
(4) Any message change shall be a static, instant message change.
(5) Messages can only change once every hour.
(6) Only Light Emitting Diodes (LED) technology or similar
quality signs shall be permitted for electronic message centers.
(7) The electronic message center shall come equipped with an
automatic dimming photocell, which automatically adjusts the
display’s brightness based on ambient light conditions.
(8) The brightness level shall not increase by more than 0.3 foot
candles (or 3.23 lumens per square meter or lux) (over ambient
levels) as measured using a foot candle meter at a pre-set
distance.
(9) The procedure and distances for measurement of brightness
shall be as established by the International Sign Association’s
Recommend Night- time Brightness Levels for On-Premise
Electronic Message Centers.
6-13.5 Signs at Private Driveway Entrances or Intersections
Permanent signs shall be permitted near driveway entrances to a street and at
intersections of internal drives under the following provisions:
6-13.5.1 Driveway signs are not permitted in the CBD District.
6-13.5.2 Driveway signs shall be set back at least five feet from all lot lines but in no
case shall the sign be set back more than 25 feet from the driveway entrance
or intersection of internal drives;
6-13.5.3 One sign may be permitted per individual driveway or internal intersection;
6-13.5.4 The sign may not exceed four square feet in area and three feet in height.
6-13.5.5 Driveway signs may be internally or externally illuminated.
6-13.5.6 Driveway signs shall not be included in the total calculated allowed signage
for a property under the remainder of this Article.
6-13.6 Drive-Through Signs
6-13.6.1 One freestanding drive-through signs shall be allowed for each stacking lane
in a drive-through facility provided the total aggregate sign area of all drive-
through signs, for each facility, does not exceed 72 square feet. In no case
shall a single drive-through sign exceed 36 square feet in sign area.
6-13.6.2 Drive-through signs are prohibited in the CBD District.
6-13.6.3 Up to two additional drive-through signs may be permitted for each stacking
lane if the additional signs are completely screened from view from any
right-of-way or adjacent residential uses.

Draft Town of Warrenton’s Sign Regulations 10-16-18 20

 6-13.6.4 Drive-through signs shall only be permitted in a side or rear yard.
6-13.6.5 Drive-through signage shall not be included in the total calculated allowed
signage for a property under the remainder of this Article. Any signs
attached to a wall of building or the structure shall be calculated as part of
the building signage allowance in Section 6-13.3.
6-13.6.6 No drive-through sign shall exceed six feet in height measured from the
grade of the adjacent driving surface to the top of the sign.
6-13.6.7 Drive-through signs may be internally or externally illuminated.

6-14 Master Sign Plan Option for Large Developments

6-14.1 The master sign plan allowance established herein is to provide for additional permanent
signage for large-scale developments. The master sign plan provides a review process
where any development that includes more than 25 acres, contains buildings with a
cumulative floor area of more than 300,000 square feet, or a single building with a gross
floor area of 50,000 square feet or more can submit a master sign plan package that
illustrates all the signage that will be used on the lot and the relationships of all these
signs to the development.
6-14.2 The Planning Director shall have the authority to permit the submission of a master sign
plan for a project that does not comply with the project size requirement above if:
6-14.2.1 The project is a stand-alone, mixed-use project that contains both
commercial or office uses with a residential component that contains a
density higher than allowed in any residential district; or
6-14.2.2 The master sign plan is part of a proposed planned unit development.
6-14.3 Master Sign Plan Requirements
6-14.3.1 Master sign plans may be submitted for any nonresidential or mixed-use
development that meets the acreage or square foot threshold above, and
where the applicant wishes to submit a single, comprehensive master sign
plan for review as part of a PUD or land use application, as applicable.
6-14.3.2 A master sign plan is intended to promote consistency among signs within a
development and enhance the compatibility of signs with the architectural
and site design features within a development, as well as with the
surrounding neighborhood.
6-14.3.3 A master sign plan may include the following bonuses where the proposed
sign plan shows that all the signs will contribute to the overall design of the
development as well as comply with any of the city’s adopted plans or
policies:
1. One additional freestanding sign per frontage that may exceed the
maximum freestanding sign height and sign area of the applicable
zoning district by 25 percent; and
2. An increase of up to 25 percent of the maximum building sign area
allowed in the applicable district pursuant to Section 6-13.3.
6-14.3.4 An application for review of a master sign plan shall include:

Draft Town of Warrenton’s Sign Regulations 10-16-18 21

 1. A master sign plan, drawn to scale, delineating the site proposed to be
included within the master sign plan and the general locations of all
permanent signs including freestanding and building signs and the
property lines, buildings and roadways;
2. Drawings and/or sketches indicating the dimensions in square feet,
location and sign area for all the permanent signs;
3. Drawings and/or sketches indicating the exterior surface details of all
buildings on the site on which wall signs, awning signs, canopy signs,
projecting signs, window signs or other building signs are proposed;
4. Samples or photos of colors and materials to be used for signs and the
relationship to the building materials; and
5. Information regarding the illumination of any signs.
6-14.3.5 In order for the applicable review boards to approve a master sign plan, it
must find all of the following:
1. That the plan's contribution to the design of the site and surrounding
area will be superior to the quality that would result under the
regulations and standards of this Article;
2. That the signs proposed as part of the master sign plan will create a
uniform sign package for the site related to materials, lighting, design
and other features of the individual signs; and
3. That the proposed signs are compatible with the style or character of
improvements and are well-related to each other in terms of location
and spacing.
6-14.3.6 The Planning Commission may impose reasonable conditions to a master
sign plan necessary to carry out the intent of this Article.
6-14.3.7 No sign permits, building permits, or other permits required for the
construction of any sign shall be issued unless the sign complies with the
approved master sign plan.
6-14.3.8 An approved master sign plan may only be amended or modified through
the same review process required for its approval.

6-15 Temporary Signs

The following temporary signs shall be permitted anywhere within the Town provided they meet
the established standards.
6-15.1 Standards that Apply to all Temporary Signs
6-15.1.1 Temporary signs shall not be mounted, attached, affixed, installed, or
otherwise secured in a manner that will make the sign a permanent sign.
6-15.1.2 No temporary sign shall be mounted, attached, affixed, installed, or
otherwise secured so as to protrude above the roofline of a structure.
6-15.1.3 Temporary signs shall not be posted in any place or in any manner that is
destructive to public property including, but not limited to, rights-of-way,
utility poles, public trees, etc.

Draft Town of Warrenton’s Sign Regulations 10-16-18 22

 6-15.1.4 Unless otherwise specifically stated, temporary signs shall not be
illuminated.
6-15.1.5 No temporary sign shall require a foundation, support, wiring, fittings, or
elements that would traditionally require a building permit or electrical
permit.
6-15.1.6 No streamers, spinning, flashing, or similarly moving devices shall be
allowed as part of or attachments to temporary signs.
6-15.1.7 All temporary signs shall be secured in such a manner as to prevent
swinging or other significantly noticeable movement resulting from the
wind that could pose a danger to people, vehicles, or structures.
6-15.1.8 Mobile signs on wheels, runners, casters, parked trailers, parked vehicles, or
other temporary or movable signs shall not be permitted unless otherwise
specifically stated in this Article.
6-15.1.9 Because of the nature of materials typically used to construct temporary
signs and to avoid the unsightliness of deteriorating signs and all safety
concerns which accompany such a condition, temporary signs shall be
removed or replaced when such sign is deteriorated.
6-15.2 Sign Permits for Temporary Signs
6-15.2.1 Unless otherwise stated, a sign permit for temporary signs shall be required
for temporary signs that exceed 12 square feet.
6-15.2.2 Only one sign permit for a temporary sign shall be issued to the same
business license holder, on the same site, for the same business at any one
time.
6-15.3 Temporary Signs without a Commercial Message
Temporary signs without a commercial message do not require a sign permit provided
they comply with the following standards:
6-15.3.1 Temporary signs that do not contain a commercial message shall still be
required to comply with the vision clearance requirements. See Paragraph 6-
6.6.
6-15.3.2 The maximum height of temporary signs without a commercial message
shall be six feet unless it is a banner sign mounted to a structure, in which
case, the banner sign shall not be mounted above the roofline or the top of
the structure.
6-15.3.3 The maximum sign area of any sign without a commercial message shall be
eight square feet.
6-15.3.4 Such signs shall be limited to yard signs or banner signs.
6-15.4 Temporary Signs with a Commercial Message in Residential Zoning Districts and
the RO District
The following temporary signs are allowed in the R-6, R-10, R-15, R-40, RT, R-E,
RMF, and RO zoning districts or on residential lots within a PUD along provided they
comply with all applicable standards:

Draft Town of Warrenton’s Sign Regulations 10-16-18 23

 6-15.4.1 One yard or banner sign with a commercial message shall be permitted on
any single lot.
6-15.4.2 The signs shall be subject to the sign-specific standards in Section 6-15.6.
6-15.4.3 The maximum sign area for any individual sign shall be six square feet with
a maximum height of four feet in the R-6, R-10, R-15, R-40, RT, R-E, and
RO zoning districts.
6-15.4.4 The maximum sign area for any individual sign shall be eight square feet
with a maximum height of six feet in the RMF district.
6-15.4.5 In lieu of the above regulations, any nonresidential use located in a
residential zoning district shall be permitted the same amount of temporary
commercial signs as allowed in the PSP district pursuant to Section 6-15.5.
6-15.5 Temporary Signs with a Commercial Message in Nonresidential Zoning Districts
The following temporary signs are allowed in the CBD, PSP, C, and I zoning districts or
on lots used for nonresidential purposes within a PUD:
6-15.5.1 Signs Allowed for an Unrestricted Time
The following temporary sings are allowed without any time restrictions
subject to all other applicable standards in this code:
1. A maximum of 18 square feet of aggregate temporary signs with
commercial messaging shall be permitted for every 100 feet of lineal
street frontage.
2. The signs are limited to yard signs or banner signs subject to the sign-
specific standards in Section 6-15.6.
3. The maximum sign area for any individual sign shall be nine square
feet with a maximum height of six feet.
6-15.5.2 Additional Signs with Time Limitations
1. In addition to the temporary signs allowed in Section 6-15.5.1 above,
Table 4 establishes the total square footage, height, and allowances for
temporary signs allowed in the applicable nonresidential zoning
district.
2. Each sign shall be subject to the standards established for each
applicable sign type in this section.

Draft Town of Warrenton’s Sign Regulations 10-16-18 24

 TABLE 4: TEMPORARY SIGNS ALLOWANCES IN NONRESIDENTIAL DISTRICTS
Maximum Sign
Districts Maximum Sign
Sign Type Area (Square Time Limits
Allowed Height (Feet)
Feet)
A-Frame or T-Frame Sidewalk See Section 6-
9 3
Signs 15.6.1.
All
Banner Signs See Section 6-15.6.2.
Nonresidential
Districts 15 consecutive
Yard Signs 24 6 days, four times
per calendar year

6-15.6 Standards for Temporary Sign Types

6-15.6.1 A-Frame or T-Frame Sidewalk Signs
1. There shall be no time limit for sidewalk signs with the exception that
the sign shall only be placed outside during the hours of the
establishment’s operation.
2. Only one sidewalk sign is allowed per each first-floor business
establishment at one time. Such sign must be located within ten feet of
the entrance of the establishment that owns the sign.
3. A sign permit shall be required for the initial placement of the sign,
regardless of the size of the sign.
4. The sign may be located on a public sidewalk or private sidewalk (e.g.,
walkway adjacent to a building outside of the right-of-way) provided it
is placed on pavement and not in any landscaped areas or on pavement
used for vehicles (e.g., driveways and parking lots).
5. If the sign is placed on a sidewalk, the sign can only be placed where
the paved sidewalk width, not including curb top, is at least seven feet
wide. The width and placement of the sign shall be such so that there
shall be a minimum width of four feet of clear and passable sidewalk
for pedestrians.
6. Signs shall be placed in a manner so that its location in proximity to
other signs on the sidewalk shall provide for a clear and continuous
pathway that allows for the safe movement of pedestrians.
7. The sign must be freestanding and shall not be affixed, chained,
anchored, or otherwise secured to the ground or to any pole, parking
meter, tree, tree grate, fire hydrant, railing, or other structure.
8. The sign must not obstruct access to parking meters, bicycle racks and
other features legally in the right-of-way.
9. The sign must not interfere with the opening of car doors in legal
spaces, or with the operation of wheelchair lifts and ramps, cab stands,
loading zones or bus stops.

Draft Town of Warrenton’s Sign Regulations 10-16-18 25

 10. Any area designated for emergency access or off-street parking,
circulation and loading shall not contain a sign.
11. The sign shall be internally weighted so that it is stable and windproof
so as to resist wind gusts of up to ten miles per hour. Signs shall be
constructed of wood, metal, or other similarly sturdy materials.
12. The Town of Warrenton shall be held harmless from any liability
resulting from accident or injury caused by the placement and/or
maintenance of such sign.
13. Banners, pennants, streamers or similar wind or air driven devices
attached to or otherwise used in conjunction with the sign are
prohibited.
14. The sign shall not be illuminated.
6-15.6.2 Banner Signs
1. There shall be no maximum number of banner signs provided the
aggregate total square footage of all banner signs does not exceed the
maximum sign area allowed in Section 6-15.4 for residential uses or
36 square feet per establishment for nonresidential uses with the
exception of paragraph (e) below.
2. Banner signs may be attached to a building, fence, or other similar
structure. Banner signs attached to posts and mounted in a yard or
landscaped area shall be regulated as a temporary yard sign.
3. Banner signs in the Historic District may only be permitted to be
attached to a building if the banner can be attached to existing fixtures.
No additional holes or fixtures may be added to a building for the
purposes of supporting a banner sign.
4. The maximum height standard for temporary signs shall not apply to a
banner sign but such signs shall not be mounted in a manner that
extends above the roofline of a building or the top of the structure on
which it is mounted.
5. Banner signs shall be permitted for up to 15 consecutive days, four
times per calendar year with the exception of paragraphs (e) below.
6. For zoning permit applications related to the establishment of a new
use within an existing building where there is existing permanent sign,
a banner sign may be approved for up to 60 consecutive days to cover
the existing permanent signs. Such banner sign shall not exceed the
sign area of the permanent sign and shall require a sign permit.
6-15.6.3 Yard Signs
1. There shall be no maximum number of yard signs provided the
aggregate total square footage of all yard signs does not exceed the
maximum sign area allowed in this section on temporary signs.
2. There shall be a maximum of two faces to the sign, mounted back-to-
back.

Draft Town of Warrenton’s Sign Regulations 10-16-18 26

6-16 Nonconforming Signs
6-16.1 Any sign that was lawfully in existence at the time of the effective date of this
Ordinance, or amendment thereto, that does not conform to the provisions herein, shall
be deemed a legal nonconforming sign and may remain on a lot of record except as
qualified below. No legal nonconforming sign shall be enlarged, extended, structurally
altered or reconstructed in any manner, except to bring it into full compliance with these
regulations, except that these regulations shall not prohibit the replacement of the content
of a sign without the structural modification of its size, location or configuration.
6-16.2 A sign shall lose its legal nonconforming status and must be brought into compliance
with the provisions of this Article by an application for, and issuance of, a sign permit or
by complete removal, if any of the following occurs:
6-16.2.1 If such sign is damaged to an amount exceeding 50 percent of the sign's fair
market replacement value, as determined by appraisals prepared by at least
two sign companies as selected by the Town;
6-16.2.2 The structure of the sign is altered in any form;
6-16.2.3 The sign is relocated;
6-16.2.4 The sign is defined as a temporary sign and has been in use for more than
one year following the effective date of this amendment; or
6-16.2.5 The nonconforming sign and its structure (including support and frame and
panel) are determined by the Zoning Administrator to be unsafe or in
violation of this code and are declared a nuisance.
6-16.3 Failure to bring a sign into compliance after loss of a legal nonconformity status as
defined in above shall cause the sign to be considered an illegal sign.
6-16.4 Minor repairs and maintenance of nonconforming signs, such as repainting, electrical
repairs and neon tubing repair shall be permitted.
6-16.5 Sign face changes where there is no change to the nonconforming sign structure
including change in sign face area, height, or alteration of the sign cabinet, if applicable,
may be made without a sign permit and without losing the legal nonconforming status of
the sign. These actions include, but are not limited to, replacement of a sign face within
a pre-existing sign cabinet, repainting of a sign face where the message does not change,
or similar actions as determined by the Zoning Administrator
6-17 Removal of Signs
6-17.1 After making a reasonable attempt to notify the property owner, the Town may order the
removal of a nonconforming sign that has been abandoned. Such notice shall conform to
Section 11-3.2.2 of this Ordinance. For the purposes of this section, a sign is considered
abandoned if the business for which the sign was erected has not been in operation for a
period of at least one year. If following such a one-year period, the Town has made a
reasonable attempt to notify the property owner, via certified mail to the last known
address, as listed in the property records, the Town may remove nonconforming signs
and charge the cost of removal to the owner.
6-17.2 The Zoning Administrator may order the removal of any illegal sign. Notice and
enforcement of such a violation shall be accordance with Article 11 of this Ordinance.

Draft Town of Warrenton’s Sign Regulations 10-16-18 27

6-18 Maintenance
6-18.1 Every sign shall be maintained in a safe, presentable, and good structural condition at all
times, including the replacement of a defective part, painting, cleaning, and other acts
required for the maintenance of the sign.
6-18.2 Whenever a sign is to be removed pursuant to the requirements of this section, all parts
of the sign and supporting structure (e.g., pole, monument, cabinet structure, etc.),
excluding buildings for wall, projecting, or similar signage, shall be removed in its
entirety. This section shall not require the removal of a raceway if mounted to such
structure on a building.
6-18.3 The Zoning Administrator may order the removal or repair of any sign that, has become
insecure, in danger of falling or otherwise unsafe, or presents a threat to the public safety.

Draft Town of Warrenton’s Sign Regulations 10-16-18 28

ARTICLE 12 – DEFINTIONS

The following definitions need to be incorporated and/or cross-checked with Article 12.

ARB
Architectural Review Board
Awning
A structure made of cloth, metal, or other material affixed to a building in such a manner that
the structure may be raised or retracted to a flat position against the building, but not including
a canopy or marquee.
Canopy
A structure, other than an awning, made of cloth, metal, or other material which may be totally
or partially attached to a building for the purpose of providing shelter to patrons or
automobiles, or as a decorative feature on a building wall. A canopy is not a completely
enclosed structure and cannot be raised or retracted.
Channel Letters
A sign that consists of custom-made metal or plastic that are covered in a translucent plastic
material, often internally illuminated. The space between the letters is not part of the sign
structure but rather the building façade though the space may count toward the sign area
depending on how the letters are grouped and calculated in accordance with Section 6-5.
COA
Certificate of Appropriateness
Flag
Any fabric or bunting containing distinctive colors, patterns, or design that displays words,
letters, figures, designs, symbols, fixtures, logos, colors, that may be mounted to a flag pole or
other structure.
Gooseneck Lighting
A type of light fixture in which a lamp or lightbulb is attached to a flexible, adjustable shaft to
allow the user to position the light source without moving the fixture or item to be illuminated.
For the purposes of this Article, the lighting is directed on a sign element.
Marquee
A permanent structure projecting beyond a building wall at an entrance to a building or
extending along and projecting beyond the building's wall and generally designed and
constructed to provide protection against the weather.
Message, Commercial
Any sign, wording, logo or other representation that, directly or indirectly, names, advertises
or calls attention to a business, product, service or other commercial activity.
Message, Noncommercial
Any sign, wording or logo that does not represent a commercial message or commercial
speech. See also “message, commercial.”

Draft Town of Warrenton’s Sign Regulations 10-16-18 29

Premise
A contiguous parcel of land with its appurtenances and buildings that functions as a unit. For
the purpose of this ordinance, an outparcel along the perimeter of a shopping center or similar
multi-tenant use that contains a freestanding building and a parking area separate from the
shopping center as indicated on an approved site plan shall be considered a premises separate
from the premises of the shopping center.
Raceway or Wireway
A raceway or wireway are a form of mounting structure for signs that are a narrow structure
attached to a wall where electrical conduit can run within and where the sign structure itself is
mounted to the raceway or wireway.
Sign
Any object, device, display, or structure, or part thereof, visible from a public place, a public
right-of-way, any parking area or right-of-way open to use by the general public, or any
navigable body of water which is designed and used to attract attention to an institution,
organization, business, product, service, event, or location by any means involving words,
letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected images. The
term “sign” also does not include the display of merchandise for sale on the site of the display.
Sign Area
The entire display area of a sign including the advertising surface located on one or more sign
faces and any framing, trim and molding, but not including the supporting structure as
measured pursuant to Section 6-5.
Sign Copy
Those letters, numerals, and figures, symbols, logos, and graphic elements comprising the
content or message of a sign.
Sign Face
The surface of the sign upon, against or through which the message of the sign is exhibited.
Sign Height
The vertical distance to top of sign structure as measured pursuant to Section 6-5.
Sign, Awning
A sign painted on, printed on or attached flat against the surface of an awning.
Sign, Banner
A temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid
material that can be mounted to a structure with cord, rope, cable, or a similar method. Where
a banner signs is supported by stakes or another type of supporting structure for posting in the
ground, such sign shall be classified as a “Sign, Yard.”
Sign, Building
Signs that are attached to the building including wall signs, projecting signs, awning signs,
marquee signs, suspended signs, and canopy signs.
Sign, Canopy
A sign attached to the soffit or fascia of a canopy of a covered entrance or walkway.

Draft Town of Warrenton’s Sign Regulations 10-16-18 30

Sign, Changeable Copy
A sign designed so that the characters, letter or illustrations can be changed or rearranged
manually or electronically without altering the sign display surface. May also be known as
readerboards. See also the definition of “electronic message center.”
Sign, Drive-Through
Any signage allocated along a drive-through lane that is oriented toward the customer or user
in the drive-through lane.
Sign, Feather
A temporary sign that is constructed of lightweight cloth, canvas, plastic fabric or similar
lightweight, non-rigid material and that is supported by a single vertical pole mounted into the
ground or on a portable structure that may resemble a sail, bow, or teardrop.
Sign, Freestanding
Any sign supported upon the ground by a monument, pedestal, bracing, or other permanent
measure and not attached to any building. See also the definition of “Sign, Monument.
Sign, Marquee
A sign attached to and made a part of a marquee or any similar projections from a building,
with changeable, fixed or both types of lettering in use.
Sign, Monument
A permanent freestanding sign other than a pole sign, not attached to a building, which is
placed upon or supported by the ground independently of any other structure, typically on a
monument or pedestal structure.
Sign, Neon
Any illuminated sign that is comprised of glass tubing that contains neon or other gases that
light up in various colors when an electric discharge is applied to the gas.
Sign, Nonconforming
Any sign which was erected legally prior to the adoption of this code, but which does not
comply with subsequently enacted sign restrictions and regulations or a sign which does not
conform to the sign code requirements.
Sign, On-Premise
A sign with a message that relates to an activity located on the same premise.
Sign, Permanent
A sign permitted by this code to be located on the premises for an unlimited period of time and
designed to be permanently attached to a structure or the ground.
Sign, Portable
Any sign not attached to the ground or a sign designed to be transported, including signs
designed to be transported by means of wheels. Such signs shall not include sidewalk signs as
allowed in Section 6-15.
Sign, Projecting
A sign that is affixed perpendicular to a building or wall and extends more than eighteen
inches beyond the face of such building or wall.

Draft Town of Warrenton’s Sign Regulations 10-16-18 31

Sign, Sidewalk (A-Frame)
A freestanding sign which is ordinarily in the shape of an “A” or some variation thereof, which
is readily moveable, and is not permanently attached to the ground or any structure. See also
the definition of T-frame signs. Such signs are placed on a public sidewalk, private sidewalk,
or similar walkway, in a manner established in Section 6-15.6.1.
Sign, Sidewalk (T-Frame)
A freestanding sign which is ordinarily in the shape of an upside down “T” or some variation
thereof, which is readily moveable, and is not permanently attached to the ground or any
structure. See also the definition for A-frame signs. Such signs are placed on a public
sidewalk, private sidewalk, or similar walkway, in a manner established in Section 6-15.6.1.
Sign, Temporary
A sign that is neither permanently anchored to the ground, nor permanently affixed to a
structure, nor mounted on a chassis, and/or is intended for a limited period of display.
Sign, Vehicle
A vehicle sign shall be considered to be used for the primary purpose of advertising if the
vehicle fails to display current license plates, inspection sticker, or municipal decal, if the
vehicle is inoperable, if evidence of paid-to-date local taxes cannot be made available, or if the
sign alters the standard design of such vehicle. Vehicle signs include those attached to or
placed on a vehicle or trailer.
Sign, Wall
A sign attached directly to an exterior wall of a building with the exposed face of the sign in a
plane parallel to the building wall. A wall signs shall include cornice and transom signs as
allowed in the Historic District.
Sign, Window
A sign attached to, in contact with, placed upon or painted on the window or door of a building
which is intended for viewing from the outside of such building. This does not include
merchandise located in a window. A structure that would be considered a sign if mounted on
the exterior of the building, but which is mounted inside the building and oriented to be visible
through the window by a person outside of the window shall be considered a window sign for
the purposes of this Article.
Sign, Yard
Any temporary sign placed on the ground or attached to a supporting structure, posts, or poles,
that is not attached to any building.
Vehicular Use Area
The entire paved area that encompasses all parking spaces, loading areas, stacking spaces, and
the access drives that provide access to those spaces but that does not include the entry drive or
driveway with no direct access to a parking space, stacking space, or loading space.

Draft Town of Warrenton’s Sign Regulations 10-16-18 32

 Article 9 Supplemental Use Regulations

Amended by Town Council: February 12, 2013

July 8, 2014
August 9, 2016
XXX, 2018

9-7.2 Home Businesses

9-7.2.1 Members of the family residing on the premises are permitted to be engaged in
such home business.
9-7.2.2 For activities meeting the definition of Home Business, in addition to family
members residing on the premises, up to three (3) non-resident, non-family
employees shall be permitted to work on the premises up to 40 hours per week
each, subject to the requirements for parking and traffic as provided herein.
9-7.2.3 The use of the dwelling or accessory building for the home business shall be
clearly incidental and subordinate to the use of the dwelling for residential
purposes. The total area used for the business on the site shall not exceed an
amount equal to twenty-five (25) percent of the gross floor area of the dwelling
unit.
9-7.2.4 No change shall be made to the outside appearance of the dwelling or lot, or
other visible evidence of the conduct of the home business, other than one sign
that complies with the sign regulations in Article 6 of this Ordinance. Signs shall
be allowed in accordance with Article 6, and specifically Section 6-12.1.

9-8.5 Lighting Plan Required

For subdivision, site plan, signs (see Article 6), and other land-development applications
where site lighting subject to these provisions is required or proposed, lighting plans shall
be submitted to the Town for review and approval in conjunction with such development
applications, and shall include:…

9-8.6.3 Design

1. Except as provided herein, each outdoor luminaire subject to these outdoor

lighting regulations shall be a full cut-off luminaire or a decorative luminaire
with full cut-off optics.
2. If a luminaire is equipped with more than one lamp, the lumens of the lamp with
the highest initial lumens shall determine the lumens emitted.
3. Light sources shall not cast glare upon adjacent property or upon a public right of
way. The intensity at adjoining streets and commercial or industrial properties
shall not exceed 1.0 foot candles, and the intensity at adjoining residential or
institutional property boundaries shall not exceed 0.5 foot candles.
 4. For auto/truck service stations and convenience retail uses, lighting in island
canopy ceilings for the purposes of the security and safety below the canopy shall
be recessed and have full cut-off fixtures with flat lenses, and shall not exceed 40
initial output lumens per square foot of canopy. The canopy structure shall not be
lit.

9-8.7 Prohibitions

The following lighting types are prohibited:

9-8.7.1 Laser source light when projected above the horizontal plane.
9-8.7.2 Searchlights for advertising or for other non-public safety purposes, except for
openings and temporary events as defined in Section 9-19 of this Ordinance and
limited to ten (10) days as approved with a temporary permit.
9-8.7.3 Outdoor advertising by off-site signs.
9-8.7.43 Reflective mountings.
9-8.7.54 Exposed neon tube lighting, except in signs as allowed in Article 6 subject to
permitting under this Section.
9-8.7.65 Flashing lights, except as specifically permitted in this Ordinance.

9-18.4 Appearance; lighting

The guidelines set forth in this section shall govern the appearance, location and
installation of all towers and antennas governed by this Ordinance.

9-18.4.1 Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of FAA, be painted a neutral color, to reduce visual
appearance and obtrusiveness and to blend in with the surrounding
environment. Dish antennas and covers will be of a neutral, nonreflective color
with no logos or other markings.
9-18.4.2 At a facility site, the design of any buildings and related structures must use
materials, colors, textures, screening, and landscaping that will blend the tower
facilities to the natural setting and the surrounding environment.
9-18.4.3 If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that
is the same as the color of the supporting structure so as to make the antenna
and related equipment visually unobtrusive and blend with the surrounding
environment.
9-18.4.4 Towers shall not be artificially lighted, unless required by the FAA or other
applicable governing authority. If lighting is required, the Town Council may
review the available lighting alternatives in conjunction with a Special Use
Permit application and approve the lighting design that would cause the least
disturbance to the surrounding views and properties.
 9-18.4.5 No advertising of any type may be placed on a tower or accompanying facility
unless it is part of retrofitting a pre-existing, lawful sign structure.

9-19.3 Permit and Application Requirements

A Zoning Permit shall be required for a temporary use with the exception of the uses set
forth in Article 11. Application for such permit shall be made at least one week prior to
the date on which the permit is to take effect. The application shall be made on a form
provided by the Zoning Administrator and shall include information about the proposed
use, products to be sold, signs subject to the regulations in Article 6, and related licenses
and permits.

9-19.6 Signs

Notwithstanding other regulations governing signs in this Chapter, the Zoning

Administrator may approve one sign for each temporary signs for each temporary use, in
accord with Article 6, which shall be displayed only during the period approved for the
temporary use.
 Article 9 Supplemental Use Regulations

Amended by Town Council: February 12, 2013

July 8, 2014
August 9, 2016
XXX, 2018

9-7.2 Home Businesses

9-7.2.1 Members of the family residing on the premises are permitted to be engaged in
such home business.
9-7.2.2 For activities meeting the definition of Home Business, in addition to family
members residing on the premises, up to three (3) non-resident, non-family
employees shall be permitted to work on the premises up to 40 hours per week
each, subject to the requirements for parking and traffic as provided herein.
9-7.2.3 The use of the dwelling or accessory building for the home business shall be
clearly incidental and subordinate to the use of the dwelling for residential
purposes. The total area used for the business on the site shall not exceed an
amount equal to twenty-five (25) percent of the gross floor area of the dwelling
unit.
9-7.2.4 Signs shall be allowed in accordance with Article 6, and specifically Section 6-
12.1.

9-8.5 Lighting Plan Required

For subdivision, site plan, signs (see Article 6), and other land-development applications
where site lighting subject to these provisions is required or proposed, lighting plans shall
be submitted to the Town for review and approval in conjunction with such development
applications, and shall include:…

9-8.6.3 Design

1. Except as provided herein, each outdoor luminaire subject to these outdoor

lighting regulations shall be a full cut-off luminaire or a decorative luminaire
with full cut-off optics.
2. If a luminaire is equipped with more than one lamp, the lumens of the lamp with
the highest initial lumens shall determine the lumens emitted.
3. Light sources shall not cast glare upon adjacent property or upon a public right of
way. The intensity at adjoining streets and commercial or industrial properties
shall not exceed 1.0 foot candles, and the intensity at adjoining residential or
institutional property boundaries shall not exceed 0.5 foot candles.
4. For auto/truck service stations and convenience retail uses, lighting in island
canopy ceilings for the purposes of the security and safety below the canopy shall
 be recessed and have full cut-off fixtures with flat lenses, and shall not exceed 40
initial output lumens per square foot of canopy. The canopy structure shall not be
lit.

9-8.7 Prohibitions

The following lighting types are prohibited:

9-8.7.1 Laser source light when projected above the horizontal plane.
9-8.7.2 Searchlights for advertising or for other non-public safety purposes, except for
openings and temporary events as defined in Section 9-19 of this Ordinance and
limited to ten (10) days as approved with a temporary permit.
9-8.7.3 Reflective mountings.
9-8.7.4 Exposed neon tube lighting, except in signs as allowed in Article 6.
9-8.7.5 Flashing lights, except as specifically permitted in this Ordinance.

9-18.4 Appearance; lighting

The guidelines set forth in this section shall govern the appearance, location and
installation of all towers and antennas governed by this Ordinance.

9-18.4.1 Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of FAA, be painted a neutral color, to reduce visual
appearance and obtrusiveness and to blend in with the surrounding
environment. Dish antennas and covers will be of a neutral, nonreflective color
with no logos or other markings.
9-18.4.2 At a facility site, the design of any buildings and related structures must use
materials, colors, textures, screening, and landscaping that will blend the tower
facilities to the natural setting and the surrounding environment.
9-18.4.3 If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that
is the same as the color of the supporting structure so as to make the antenna
and related equipment visually unobtrusive and blend with the surrounding
environment.
9-18.4.4 Towers shall not be artificially lighted, unless required by the FAA or other
applicable governing authority. If lighting is required, the Town Council may
review the available lighting alternatives in conjunction with a Special Use
Permit application and approve the lighting design that would cause the least
disturbance to the surrounding views and properties.

9-19.3 Permit and Application Requirements

A Zoning Permit shall be required for a temporary use with the exception of the uses set
 forth in Article 11. Application for such permit shall be made at least one week prior to
the date on which the permit is to take effect. The application shall be made on a form
provided by the Zoning Administrator and shall include information about the proposed
use, products to be sold, signs subject to the regulations in Article 6, and related licenses
and permits.

9-19.6 Signs

Notwithstanding other regulations governing signs in this Chapter, the Zoning

Administrator may approve temporary signs for each temporary use, in accord with
Article 6, which shall be displayed only during the period approved for the temporary
use.
 Article 11 Administration, Procedures and Enforcement

Amended by Town Council: February 12, 2013

XXX, 2018

Contents (Sections)
11-1 Administration
11-2 Board of Zoning Appeals
11-2.1 General Provisions (Purpose, Authority and Membership)
11-2.2 Rules and Regulations
11-2.3 Powers and Duties
11-3 Procedures for Application Review and Approval
11-3.1 Types of Permit Applications
11-3.2 Public Hearing Procedures
11-3.3 Land Disturbance Permit
11-3.4 Zoning Permits
11-3.5 Building Permits
11-3.6 Occupancy Permit
11-3.7 Site Development Plan
11-3.8 Commission Permit (“2232 Review”)
11-3.9 Zoning Amendments
11-3.10 Special Use Permits
11-3.11 Variances
11-3.12 Appeal to the Board of Zoning Appeals
11-3.13 Sign Review
11-4 Non-Conforming Uses and Structures
11-5 Enforcement and Penalties

11-3.13 Sign Review

Signs shall be reviewed in accordance with Article 6. The timing and application type used for the review
of signs shall be as specified in Article 6-4.

11-4.4 Non-Conforming Structures and Buildings

Non-conforming signs are regulated in Article 6-16 unless otherwise noted.
 Article 11 Administration, Procedures and Enforcement

Amended by Town Council: February 12, 2013

XXX, 2018

Contents (Sections)
11-1 Administration
11-2 Board of Zoning Appeals
11-2.1 General Provisions (Purpose, Authority and Membership)
11-2.2 Rules and Regulations
11-2.3 Powers and Duties
11-3 Procedures for Application Review and Approval
11-3.1 Types of Permit Applications
11-3.2 Public Hearing Procedures
11-3.3 Land Disturbance Permit
11-3.4 Zoning Permits
11-3.5 Building Permits
11-3.6 Occupancy Permit
11-3.7 Site Development Plan
11-3.8 Commission Permit (“2232 Review”)
11-3.9 Zoning Amendments
11-3.10 Special Use Permits
11-3.11 Variances
11-3.12 Appeal to the Board of Zoning Appeals
11-3.13 Sign Review
11-4 Non-Conforming Uses and Structures
11-5 Enforcement and Penalties

11-3.13 Sign Review

Signs shall be reviewed in accordance with Article 6. The timing and application type used for the review
of signs shall be as specified in Article 6-4.

11-4.4 Non-Conforming Structures and Buildings

Non-conforming signs are regulated in Article 6-16 unless otherwise noted.
 Article 12 Definitions

Amended by Town Council: February 12, 2013

June 14, 2016
August 9, 2016
XXX, 2018

For the purpose of this Ordinance, certain words and terms are used in a limited or special sense
as defined herein. Words used in the present tense include the future; the singular number
includes plural and the plural singular; the word "structure" includes "building"; the word "used"
includes arranged, designed, constructed, altered, converted, rented, leased, or intended to be
used; and the word "shall" is mandatory and directory.

Any word, term or phrase used in this ordinance not defined below shall have the meaning
ascribed to the word in the most recent edition of Webster’s Unabridged Dictionary, unless in the
opinion of the Zoning Administrator, established customs or practices of the Town of Warrenton
justify a different or additional meaning.

A|B|C|D|E|F|G|H|I|J|K|L|M|N|O|P|R|S|T|U|V|W|Y|Z

Abutting: Having a common border with, or being separated from such a common border by a
right-of-way, alley, or easement.

Abandoned Motor Vehicle: A motor vehicle, trailer, or semi-trailer or part of a motor vehicle,
trailer, or semi-trailer that is inoperable and is left unattended on public property, other than an
interstate highway or primary highway, for more than forty-eight hours.

Accent: Giving prominence to one or more elements of site design.

Accessory building: (see Accessory Structure)

Accessory Dwelling Unit: A subordinate dwelling unit in a main building or accessory building
for use as a complete, independent living facility with provision within the accessory dwelling
for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main
dwelling.

Accessory Structure: A subordinate structure customarily incidental to and located upon the
same lot occupied by the main use or building, including, but not limited to, private garage,
carport, parking space other than for residential, swimming pool, tennis court, storage or utility
building, decks, balconies, porticos, porches, temporary healthcare structures, and living quarters

12 - 1 Updated December 2017XXX, 2018

for household employees or caretakers. Accessory structures can be attached or detached,
depending upon their use and construction.

Accessory Use: A use clearly incidental and subordinate to, and on the same lot as, a principal
use. (also see Accessory Dwelling Units; Home Occupation).

Acre: A unit of land measure containing 43,560 square feet.

Acreage: A parcel of land, regardless of area, described by metes and bounds which is not a
numbered lot on any recorded subdivision plat.

Active Recreation: (see Recreation, Active)

Active Recreation Area or Facilities: (see Recreation Area or Facilities, Active)

Administrator or Agent: (see Zoning Administrator).

Agriculture: The tilling of the soil, the raising of crops, non-intensive livestock, horticulture,
and forestry, but not including any agricultural industry or business, such as packing plants,
dairies, mills, kennels, commercial stables, intensive agriculture as defined herein, or similar
uses.

Agriculture, intensive: The raising, breeding and keeping of animals in concentrated, confined
conditions, which may include such operations as swine, veal, sheep; houses and pens for poultry
or other fowl; feed lots for beef, dairy cattle, swine, sheep and other animals; livestock markets
and pet farms.

Agricultural pen: (see Animal Kennel)

Alley: A permanent service way, with a minimum width of twenty (20) feet, providing a
secondary means of vehicular access to an abutting property, and not intended for general traffic
circulation.

Alteration: Any change, addition, or modification in the total floor area, use, adaptability, or
external appearance of an existing structure.

Amusement Arcade: A building or part of a building in which five or more pinball machines,
videogames, or other similar player-operated amusement devices are maintained.

12 - 2 Updated December 2017XXX, 2018

Animal Hospital or Clinic: Establishment where treatment is received and no activity is
conducted outside the main building. Kennels are not by definition included.

Animal Kennel: An establishment licensed to operate a facility housing dogs, cats, or other
household pets and where grooming, breeding, boarding, training, or selling of animals is
conducted as a business.

Animal Kennel, Private: Any building, buildings, or land designed or arranged for the care of
more than three dogs or more than three cats belonging to the owner of the principal use, kept for
the purposes of show, hunting, or as pets.

Apartment House: A residential building located on a single lot used or intended to be used as
the residence of three (3) or more families living independently of each other, typically sharing a
common entrance and hallway for access to individual units, not including row or townhouses
(also see Dwelling: Multifamily).

Apartment: A single dwelling unit typically sharing a common entrance and hallway for access
within an Apartment House or within a larger, mostly non-residential structure.

Applicant-Owner: An individual, corporation, proprietor, trust, trustee, joint venture,

partnership, or other entity having legal title to any tract of land or parcel of land to be
developed, whether or not they have given their power of attorney to one of their group, or
another individual or entity to act on their behalf in planning, negotiation, or in representing or
executing the requirements of the ordinances of the Town of Warrenton.

Appraiser: A person who earns his livelihood from the appraisal of real property, as contrasted
with the selling of property, and who meets the standards for membership in the American
Institute of Real Estate Appraisers.

ARB: Architectural Review Board

Arborist or "urban forester": a person trained in arboriculture, forestry, landscape

architecture, horticulture, or related fields and experienced in the conservation and preservation
of native and ornamental trees.

Arborist, Certified: An arborist who is certified by the International Society of Arboriculture.

12 - 3 Updated December 2017XXX, 2018

Architect: A person who is recognized by the Commonwealth of Virginia and who is registered
with the State Department of Professional and Occupational Registration, or registered with a
like body in another state, as a licensed architect.

Architectural Unit: A visually distinct mass that is part of a larger structure or a collection of
structures and is either near the other structures or may be attached by a smaller enclosed
structural element such as a gallery, an arcade or other such element.

Area, Gross Leasable: Inside square footage of a building including retail, wholesale, and
storage space, exclusive of halls, closets, elevator shafts, toilets, etc., and any outside display.

Assembly Hall: A building or part of a building intended and designed for the conduct of
meetings, presentations, and the like.

Assisted Living Facility: A place, establishment, or institution, operated for the maintenance or
care of four or more adults who are aged, infirm, or disabled and who are cared for in a primarily
residential setting, in accord with § 63.2-100 of the Code of Virginia. The level of service
provided for these adults shall include at least moderate assistance with the activities of daily
living.

Atrium House: A one-story, single-family, attached dwelling shaped to surround or partly

surround a private open space called an atrium, it being a type of townhouse unit (also see
Townhouse).

Attached Accessory Structure: An attached subordinate structure customarily incidental to and

located upon the same lot occupied by the main use or building, including but not limited to a
private garage, carport, balcony and deck.

Automobile body shop: A business limited to the repair and reconstruction of the exterior
shells of automobiles and light trucks, including sanding, painting, and refinishing; but may also
include frame, engine and other mechanical work in the repair of a vehicle.

Automobile Graveyard: Any lot or place which is exposed to the weather upon which more
than five inoperable motor vehicles of any kind, are placed.

12 - 4 Updated December 2017XXX, 2018

Automobile Sales: On-site sales, conducted on a regular or ongoing basis as a commercial
enterprise, either retail or wholesale, of automobiles and/or light trucks and vans, but not heavy
trucks or equipment.
Awning: A structure made of cloth, metal, or other material affixed to a building in such a
manner that the structure may be raised or retracted to a flat position against the building, but not
including a canopy or marquee.

Banks and Savings and Loan Offices: The retail offices of financial services institutions
providing walk-in service to customers. Drive-through facilities are a separately designated and
regulated component.

Basement: 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 by other than a janitor employed on the premises.

Bed and Breakfast Facility: A private residence, or portion thereof, where short-term lodging
is provided for compensation (no longer than 14 consecutive days) and meals may be provided,
to guests only. The operator of the facility shall live on the premises or in an adjacent premises
on the same lot. Up to four (4) guest rooms without cooking facilities may be provided. [also see
Tourist Home; also see Inn]

Bedroom: A room in a dwelling unit planned and intended for sleeping, separable from other
rooms by a door.

Berm: A continuous bank of earth designed and placed to block or partially obscure elements of
a site (such as a parking area) or of a building (such as a loading dock). Berms typically range in
height from two (2) to six (6) feet, with width-to-height ratios of from 2:1 to 5:1. Berms are
often used in combination with shrubbery and trees.

Block: That land abutting on one side of a street extending to the rear lot lines (or, for parcels of
land extending through to another street, to a line midway between the two streets) and lying
between the nearest intersecting and intercepting streets and boundary of any railroad
right-of-way, park, school ground, or unsubdivided acreage or center line of any drainage
channel twenty (20) or more feet in width.

Boardinghouse: A building that is the primary residence of the owner where meals and lodging
are provided, for compensation, on a permanent basis for up to ten (10) individuals not related by
blood, marriage, or adoption to the owner.

12 - 5 Updated December 2017XXX, 2018

Broadcasting Station: The studios and/or facilities for radio or television broadcasting.

Buffer, Buffer Yard: A landscaped area intended to separate and partially obstruct the view of
two (2) adjacent land uses or properties from one another or from the roadway or to block noise
or other nuisances; land areas reserved for the purpose of providing screening and separation
from adjacent, different land uses.

Building: A structure having one (1) or more stories and a roof, designed primarily for support
and shelter of persons, animals, or property of any kind. When a structure is divided into
separate parts by fire walls, each having separate plumbing, electrical, heating, drainage, and
ventilation, each part so divided shall be deemed a separate structure.

Building Area: The area of the horizontal section of the buildings taken at their greatest outside
dimensions on the ground floor including all attached structures and covered porches.

Building, Governmental: Any building owned by, operated by and/or leased to a government
agency, except utilities, which are defined separately.

Building, Height of: The vertical distance measured from the level of the curb or the
established curb grade opposite the middle of the front of the structure to the highest point of the
roof if a flat roof; to the deck line of a mansard roof; or to the mean height level between the
eaves and ridge of a gable, hip, or gambrel roof. For buildings set back more than ten (10) feet
from the street line, the height shall be measured from the average elevation of the ground
surface along the front of the building.

Building Line: The line which establishes the distance of a structure from any lot boundary
line.

Building, Main: The principal structure or one of the principal buildings on a lot, or the
building or one of the principal buildings housing the principal use on the lot.

Building Official: The official appointed by the Town Manager to administer and enforce the
Building Code.

Building, Public: (see Building, Governmental)

Business and Professional Office: A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or clerical operations.

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Business and office supply establishments: Retail or wholesale distribution of office materials,
goods and small equipment.
C – District (Commercial District): Any zoning district beginning with "C", and
predominantly providing for commercial uses.

Cabinet, upholstery, and furniture shops: A business limited to the production, repair or
refinishing of cabinets, furniture and related household items.

Cable television facilities: Offices, studios and other facilities of a cable television business.

Cafeteria: A commercial eating facility in which patrons choose food items along a self-service
line rather than through table service.

Caliper: A measurement of the diameter of a tree trunk taken at four and one-half feet above the
soil line. Also known as diameter at breast height (DBH).

Canopy: A roof structure that covers an open-air space, such as the roof of a detached carport or
the roof that covers gasoline pump islands. A structure, other than an awning, made of cloth,
metal, or other material which may be a standalone structure or totally or partially attached to a
building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature
on a building wall. A canopy is not a completely enclosed structure and cannot be raised or
retracted.

Capital Improvement Plan: A plan outlining the nature, location, costs, funding, and timing of
future capital expenditures for community facilities such as streets, sidewalks, drainage facilities,
water and wastewater lines and treatment facilities, parks, public buildings, and required
property.

Car Port: A structure attached to a dwelling unit, open on at least one (1) side, designed for the
parking and storage of vehicles by the residents of the dwelling and their guests.

Car Wash: A building or area of land that provides facilities for washing and cleaning motor
vehicles, which may use production line methods with a conveyor, blower, or other mechanical
devices, and which may employ some hand labor.

Car wash, Self-service: A building or area of land that provides facilities for patrons to wash
and cleaning their motor vehicles by hand and/or with light equipment such as hoses and
vacuums.

12 - 7 Updated December 2017XXX, 2018

Caregiver: An adult who provides care for a mentally or physically impaired person within the
Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the
legally appointed guardian of the mentally or physically impaired person for whom he is caring.

Carnival: An amusement show, usually traveling from place to place, containing rides, side
shows, and other forms of entertainment.

Cellar: A story having more than one-half of the height below grade.

Cemetery: A place where lots are sold for the burial of the dead.

Centerline: The midpoint of the width of a highway or right-of-way.

Child: Any person under eighteen (18) years of age.

Channel Letters: A sign that consists of custom-made metal or plastic that are covered in a
translucent plastic material, often internally illuminated. The space between the letters is not part
of the sign structure but rather the building façade though the space may count toward the sign
area depending on how the letters are grouped and calculated in accordance with Section Error!
Reference source not found..

Child Care Center: A facility operated for the purpose of providing care, protection, and
guidance to a group of four (4) or more children separated from their parents or guardians during
part of the day only, and meeting the licensing requirements for child care centers of Section
63.1-196 of the Code of Virginia, 1950, as amended.

Church (or place of religious worship): A building or structure, or group of buildings or

structures, which by design and construction are primarily intended for activities that people
regularly attend to participate in or hold religious services, meetings, and other activities. The
term "church" shall not carry a secular connotation and shall include buildings in which religious
services of any denomination are held.

Civic Group: A non-profit group or organization which meets regularly in the Town or which
has "Warrenton" or a Town location in its name, and which has demonstrated service to the
Town, in the determination of the Zoning Administrator. (also see “non-profit organization”)

Clear-cutting: The indiscriminate removal of trees, shrubs, or undergrowth with the intention
of preparing real property for nonagricultural development purposes. This definition does not
include the selective removal of non-native tree and shrub species when the soil is left relatively
undisturbed; removal of dead trees and shrubs; or normal mowing operations.
12 - 8 Updated December 2017XXX, 2018
Cleaning and Pressing Shop: (see Laundry)

Clerk: The Clerk of the Circuit Court of Fauquier County having jurisdiction in the Town of
Warrenton.

Clinic: A building designed and used for the diagnosis and treatment of human patients that
does not include overnight care facilities. This definition includes a group practice in which
several licensed medical, dental or health care professionals work cooperatively.

Club: Buildings and/or facilities owned and operated by a corporation, association, or persons,
which serves as a gathering place for a group of individuals organized for a common purpose to
pursue common goals, interests, or activities and characterized by certain membership
qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.

Club, Swim or Tennis: A private club with swimming and/or tennis facilities, indoor or
outdoor.

Cluster Development: A residential development design technique that concentrates buildings

in specific areas on a site to allow the remaining land to be used for recreation, common open
space, and preservation of environmentally sensitive areas or historic and cultural resources.

COA: Certificate of Appropriateness

Coherence: Logically consistent arrangement of interdependent elements of a site plan or

architectural design.

Commercial Nurseries and Greenhouses: An area or establishment for the propagation,

growing, or selling of nursery stock for gardens, grounds, and yards. Such stock may include
trees, plants, shrubs, and vines. Landscape contracting of nursery stock shall be permitted as a
use.

Commercial Recreation, Indoor: Any enclosed or semi-enclosed establishment operated as a

commercial enterprise (open to the public for a fee) for the following activities: games and
athletics, bowling, billiards or pool, darts, bingo, slot cars, hard and soft courts, miniature golf,
golf driving nets, cultural activities, martial arts, archery, roller or ice skating, skateboarding,
swimming, and activities incidental to the foregoing.

12 - 9 Updated December 2017XXX, 2018

Commercial Recreation, Outdoor: Any outdoor establishment operated as a commercial
enterprise (open to the public for a fee) for the following activities: games and athletics, batting
and pitching cages, darts, hard and soft courts, miniature golf, radio-controlled vehicles and
airplanes, pony rides, waterslides, cultural activities, martial arts, archery, camping, roller or ice
skating rinks, skateboarding, picnicking, boating, fishing, swimming, golf driving ranges, and
activities incidental to the foregoing, but not including amusement rides, amusement parks,
theme parks or motor vehicle race tracks.

Commercial Use: An occupation, employment, or enterprise that is carried on for profit by the
owner, lessee, or licensee.

Commission, the: The Planning Commission of Warrenton, Virginia.

Communications Towers: (see Transmission and Receiving Towers)

Community Building: A building and associated facilities and area, usually owned by a public
nonprofit group or agency, used for and providing fraternal, social, and/or recreational programs
generally open to the public and designed to accommodate and serve significant segments of the
community.

Comprehensive Plan: Maps, charts, and descriptive matter officially adopted by the Warrenton
Town Council showing, among other things, recommendations for the most appropriate use of
land; for the most desirable density of population; for a system of thoroughfares, parkways and
recreation areas; for the general location and extent of facilities for water and sewer; and for the
general location, character and extent of community facilities.

Complex: A grouping of buildings or architectural elements on a single site or tract.

Condominium: A building or group of buildings in which units are owned individually and the
structure, common areas, and facilities are owned by all the owners on a proportional, undivided
basis.

Conference Center: A facility designed for conducting large or small group meetings. Such
facilities may include overnight accommodations or short term lodging (not longer than fourteen
(14) consecutive days), food preparation and service, entertainment, social or charitable events,
and recreational facilities.

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Conservation Easement: An easement granting a right or interest in real property that is
appropriate to retaining land or water areas and their structures in their built, natural, scenic,
open, or wooded condition, or for the purpose of maintaining existing land uses.

Construction Standards: Specifications and standards as adopted by or applicable in the Town

of Warrenton relating to the construction of all physical improvements.

Convalescent Home: (see Nursing Home).

Convenience Retail: Any retail establishment offering for sale prepackaged food products,
household items, and other goods commonly associated with the same and having a gross floor
area of less than five thousand (5,000) square feet.

Convenience store: (see Convenience Retail)

Council: The Town Council of Warrenton, Virginia.

Covenant: A formal agreement of legal validity between two (2) or more parties outlining
restrictions, rights, or responsibilities concerning the use of property or structures.

Crematory: A building containing a furnace for reducing dead bodies, either animal or human,
to ashes by burning.

Critical Root Zone (CRZ): An area which must be preserved in order to ensure protection and
survival of a tree; a minimum of one foot per inch of caliper (defined herein as the diameter at
breast height).

Cul-de-sac: A street with only one (1) outlet having an appropriate turn-around area for a safe
and convenient reverse of traffic movement.

Dairy: A commercial establishment for the manufacture and sale of dairy products.

Day Care Center: (see Child Care Center and Family Day Care Home).

Deciduous: Any tree or shrub that loses its leaves during the winter season.

Deck: An exterior, roofless, floor system supported on at least two opposing sides by an
adjoining dwelling/structure and/or posts, piers or other independent supports.

12 - 11 Updated December 2017XXX, 2018

Density: The number of dwelling units per acre of land.

Density Bonus: An additional increment of density allowable on a site in return for a specified
public good, as provided in this ordinance.

Density, Gross: The number of dwelling units per gross acre of land on the site or lot.

Density, Net: The number of dwelling units per net acre of land (gross site or lot area less
floodplain, steep slopes and other unbuildable areas).

Detention Facility: A facility which serves the purpose of collecting and retaining rainfall
falling on a site for controlled release to primary storm water management facilities as a result of
land alteration activities.

Developer or Subdivider: An individual, corporation, proprietor, trust, trustee, joint venture,

partnership, or other entity having legal title to any tract of land or parcel of land to be
developed, whether or not they have given their power of attorney to one of their group, or
another individual or entity to act on their behalf in planning, negotiation, or in representing or
executing the requirements of the ordinances of the Town of Warrenton.

Development: Any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, the placement of mobile homes, streets, and other paving,
utilities, filling, grading, excavation, mining, dredging, or drilling operations.

District: A section of the Town of Warrenton within which the zoning regulations are uniform;
Zoning District.

District, Base: A type of Zoning District established in this ordinance that specifies allowable
land uses and development intensities and requires a generally uniform group of land uses and
lot requirements and does not require a concept development plan in advance of zoning approval.

District, Regular: (see Base District)

District, Overlay: A type of Zoning District established in this ordinance that may be mapped
for a particular land area and functions as an additional set of zoning requirements in addition to
the zoning requirements of the underlying base district that applies to the tract.

District, Special: (see District, Overlay)

12 - 12 Updated December 2017XXX, 2018

Drive-In Facility (same as “Drive-Through”): Any portion of a building or structure from
which customers can receive a service or obtain a product while in their motor vehicle.

Driveway or Accessway: That space specifically designated and reserved on the site for
movement of vehicles from one location to another on site or from the site to a public street.

Drug Store: A retail establishment offering a variety of consumer goods with a licensed
pharmacist on staff for the purpose of dispensing prescription drugs.

Dustless Surface: A surface adequately covered in accordance with good construction practice,
with a minimum of either two (2) applications of bituminous surface treatment concrete, or
bituminous concrete approved by the Town, and to be maintained in good condition at all times.

Dwelling: Any structure, or portion thereof, which is designed for generally permanent
residential purposes, not including hotels, boardinghouses, lodging houses, tourist cabins, or
automobile trailers (also see “dwelling unit”).

Dwelling, Accessory: (see Accessory Dwelling Unit).

Dwelling, Duplex (two-family): Two (2) single-family attached dwellings.

Dwelling, Elderly and Handicapped: A building or portion thereof containing at least ten (10)
dwelling units and within which at least ninety (90) percent of all dwelling units are occupied by
or designed for occupancy by:

(a) Families of two or more persons the head of which (or his or her spouse) is 55 years of
age or over or is handicapped; or
(b) The surviving member or members of any family described in paragraph (a) living in a
unit within the building with the deceased member of the family at the time of his or her
death; or
(c) A single person who is 55 years of age or over, or a non-elderly handicapped person
between the ages of 18 and 55; or
(d) Two (2) or more elderly or handicapped persons living together, or one or more such
persons living with another person who is determined by a licensed physician's
certification to be essential to their care or well-being.

For the purpose of this definition Handicapped Person means any adult having an impairment
which is expected to be of an indefinite duration, is a substantial impediment to his or her ability
to live independently, and is of a nature that such ability could be improved by more suitable

12 - 13 Updated December 2017XXX, 2018

housing conditions. A person also shall be considered handicapped if he or she is
developmentally disabled, i.e., if he or she has a disability attributable to mental retardation,
cerebral palsy, epilepsy, or another neurological condition closely related to mental retardation or
to require treatment similar to that required for mentally retarded individuals, which disability
originates before such individual attains age eighteen, which constitutes a substantial handicap to
such individual.

Dwelling, Four-Family: A residential structure, occupying one lot, arranged or designed to be

occupied by four (4) families living independently of each other, generally with separate
entrances for each dwelling unit and common open space surrounding the structure.

Dwelling, Live-Work Unit: A residential structure, occupying one lot, with home business
quarters on the ground floor and occupant residential quarters on the upper floor or floors.

Dwelling, Mixed Commercial Use: A dwelling unit in a structure that is also designed and
used for commercial purposes. Access to the dwelling unit is separate from access to areas used
for commercial purposes and the unit is typically located in basements or upper stories with
commercial uses occurring at the street level of the structure.

Dwelling, Mobile Home:

Manufactured homes are also commonly referred to as “mobile homes” and differ from Modular
Homes as defined herein, in that they do not necessarily comply with BOCA or Virginia
Uniform Statewide Building Code standards. Three types are defined herein as follows:

Mobile (Manufactured) Home, Type A: A multi-sectional manufactured home

(“doublewide”) constructed after July 1, 1976, that meets or exceeds the Manufactured
Home Construction and Safety Standards, promulgated by the U.S. Department of Housing
and Urban Development.

Mobile (Manufactured) Home, Type B: A traditional single manufactured home

(“singlewide”) constructed after July 1, 1976, that meets or exceeds the Manufactured
Home Construction and Safety Standards, promulgated by the U.S. Department of Housing
and Urban Development.

Mobile (Manufactured) Home, Type C: Any manufactured home (“mobile home”)

constructed before July 1, 1976 and which consequently does not meet the criteria of a
Type A or Type B manufactured home as defined herein.

12 - 14 Updated December 2017XXX, 2018

Dwelling, Modular: A dwelling unit constructed through use of large, prefabricated,
mass-produced, partially pre-assembled sections or modules which are subsequently put together
on-site on a permanent foundation, and which meets the BOCA and Virginia Uniform Statewide
Building Code standards.

Dwelling, Multifamily: A residential structure arranged or designed to be occupied by more

than one (1) family living independently of each other, the structure having more than two (2)
dwelling units and generally 5+having a common entrance or hallway providing access to
dwelling units.

Dwelling, Single-Family, Attached: One (1) of two (2) or more residential buildings having a
common party wall separating dwelling units, each dwelling unit occupying a separate lot.

Dwelling, Single-Family, Detached: A structure arranged or designed to be occupied by one

(1) family, the structure having only one (1) dwelling unit.

Dwelling, Three-Family: A residential structure, occupying one (1) lot, arranged or designed to
be occupied by three (3) families living independently of each other, generally with separate
entrances for each dwelling unit and common open space surrounding the structure.

Dwelling, Triplex: A group of three (3) townhouse units.

Dwelling, Townhouse: A dwelling unit, occupying one(1) lot, attached by means of a common
vertical wall or walls, extending from the floor of the basement to the roof, to a series of similar
dwelling units, each of which has individual access from the outdoors and each of which
normally consists of two (2) or three (3) stories, situated on one (1) lot. The term "townhouse" is
inclusive of the terms "atrium house" and "patio house."

Dwelling, Two-Family: A single structure arranged or designed to be occupied by two (2)

families living independently of each other, with separate entrances for each dwelling unit and
common open space surrounding the structure.

Dwelling, Quadriplex: A group of four (4) townhouse units.

Dwelling Unit: One (1) or more rooms connected together in a structure designed for
occupancy as a separate living quarters, for owner occupancy, or rental or lease on a weekly,
monthly or longer basis, and physically separated from any other rooms or dwelling units which
may be in the same structure, and containing independent cooking, sleeping, and sanitary
facilities within the unit.

12 - 15 Updated December 2017XXX, 2018

Easement: A grant of one (1) or more of the property rights by the owner to, or for the use by,
the public, a corporation, or another person or entity.

Emergency Housing: The housing is designated to provide emergency housing for a maximum
of sixty (60) days. Emergency housing and related counseling services shall be provided by a
Fauquier County/Town of Warrenton recognized human service organization. A house
coordinator must reside on the premises, and a substitute house coordinator shall be on the
premises if the house coordinator is away from the residence for more than one day.

Employment service or agency: A public, non-profit or for-profit agency or business that

provides assistance in matching prospective employees with employers.

Engineer: A person who is recognized by the Commonwealth of Virginia and who is registered
with the State Department of Professional and Occupational Registration, or registered with a
like body in another state, as a "professional engineer."

Erosion and Sediment Control Definitions (reference Town’s Erosion and Sediment Control
Ordinance):

Applicant: 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.

Approved Plan: That plan approved by the Planning Director, by the issuance of a land
disturbing activity permit, which plan carries the permittee's proposed methodology for
controlling erosion, sedimentation, and storm water runoff resulting from the proposed
land disturbing activity.

Board: The Virginia Soil and Water Conservation Board.

Certified Inspector: Employees of the Town of Warrenton charged with on-site inspection
of erosion and sediment control devices employed via this Article and who (i) hold a
certificate of competence from the Board in the area of project inspection or (ii) is enrolled
in the Board's training program for project inspection and successfully completes such
program within one year after enrollment.

Certified Program Administrator: The Town’s Building Official.

12 - 16 Updated December 2017XXX, 2018

Clearing: Any activity which removes the vegetative ground cover, including but not
limited to the removal of vegetation, root mat removal, and/or topsoil removal.

Conservation Plan, Erosion and Sediment Control Plan, or Plan: A document containing
material for the conservation of soil and water resources of a unit or group of units of land.
It may include appropriate maps, an appropriate soil and water plan inventory and
management information with needed interpretations, and a record of decisions
contributing to conservation treatment. The plan shall contain all major conservation
decisions to assure that the entire unit or units of land will be so treated to achieve the
conservation objectives.

District, or John Marshall Soil and Water Conservation District: A political subdivision
of this Commonwealth organized in accordance with the provisions of Chapter 1, Section
21-1 et seq., of Title 21 of the Code of Virginia, 1950, as amended.

Erosion: The disintegration, detachment, carrying away, or wearing away of land surface
by running water, wind, and/or other natural agents.

Erosion Impact Area: An area of land not associated with current land disturbing 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
ten thousand (10,000) square feet or less used for residential purposes.

Excavating: Any digging, scooping, or other method of removing earth materials.

Filling: Any depositing or stockpiling or earth materials.

Governing Body: The Town Council of Warrenton, Virginia.

Grading: Any excavating or filling of earth materials or any combination thereof,

including the land in its excavated or filled condition.

Land Disturbing Activity: 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.
The term shall not include those activities identified in Section 4-6, Exceptions.

Land Disturbance Permit: A permit issued by the Town for clearing, filling, excavating,
or transporting of soil, or any combination thereof.

12 - 17 Updated December 2017XXX, 2018

Local Erosion and Sediment Control Program, or Local Control Program: An outline of
the various methods employed by a district or locality 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: 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: The person to whom the permit authorizing land-disturbing activities is issued
or the person who certifies the approved erosion and sediment control plan will be
followed.

Person: Any individual, partnership, form, association, joint venture, public 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: The Board, the Town of Warrenton, or the Zoning
Administrator of the Town of Warrenton responsible for determining the adequacy of a
conservation plan submitted for land-disturbing activities on a unit(s) of land and for
approving plans.

Sediment: Solid material, both mineral and organic, that is in suspension, is being
transported, or has been moved from its site or origin by air, water, gravity, or ice and has
come to rest on the earth's surface, either above or below sea level.

State Erosion and Sediment Control Program, or State Program: The program
administered by the Virginia Soil and Water Conservation Board pursuant to Article 4,
Chapter 5, Title 10.1 of the Code of Virginia, 1950, as amended, including regulations
designed to minimize erosion and sedimentation.

State Waters: All waters on the surface and under the ground wholly or partially within or
bordering the Commonwealth or within its jurisdiction.

Town: The Town of Warrenton, Virginia, a municipal corporation.

12 - 18 Updated December 2017XXX, 2018

 Transporting: Any moving of earth materials from one place to another, other than such
movement incidental to grading, when such movement results in destroying the vegetative
ground cover, either by tracking or by 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.

External Relationships: Those associations pertaining to off-site considerations. (also see

Internal Relationships)

Evergreen: A coniferous or other plant that retains it leaves or needles in all seasons.

Facilities: Something designed, built, installed, etc., to serve a specific function affording a
convenience, use or service to the users.

Fair: a temporary, mainly outdoor, public celebratory event, including festivals, which may
include musical or theatrical entertainment, display and/or sale of crafts, food and the like.

Fairgrounds, showgrounds, or exhibition center: A site which is used for temporary, regular
exhibitions, displays, contests and the like.

Family: One (1) or more persons occupying a dwelling unit and living and cooking together as
a single, nonprofit, housekeeping unit, provided that not more than four (4) persons not related
by blood, marriage, adoption, or guardianship shall constitute a family unless such group is
composed of handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988 and all subsequent amendments. Such
unrelated handicapped individuals shall have the right to occupy a dwelling unit in the same
manner and extent as any family unit established through kinship as defined above.

Family Care Home: A private single-family home in which more than three (3) children, but
no more than six (6) children, are received for care, protection, and guidance during only part of
the day, except children who are related by blood or marriage to the person who maintains the
home, and meeting applicable licensing requirements for family care homes of § 63.1-196 of the
Code of Virginia, 1950, as amended.

Farmer's Market: A place where locally grown produce and goods are sold on a temporary or
seasonal basis to the general public, not including wholesale or bulk sales to commercial
enterprises or the sale of crafts, household items, or other nonagricultural items.

12 - 19 Updated December 2017XXX, 2018

Farm equipment, motorcycle, boat, and sport trailer sales and service: On-site sales and
service, either retail or wholesale, of farm equipment, motorcycle, boat, and sport trailers.

Fence: Any artificially constructed barrier of any material or combination of materials erected
to enclose, partition, or screen areas of land.

Flag: A flexible banner, typically cloth or other light material, hung from a pole, tower, wall or
other upright structure, for the purpose of displaying a symbol or message. Any fabric or bunting
containing distinctive colors, patterns, or design that displays words, letters, figures, designs,
symbols, fixtures, logos, colors, that may be mounted to a flag pole or other structure.

Flex Industrial uses: Light industrial activities that occur in buildings of no more than two
stories in height, with one or more loading docks, and not more than half of the gross floor area
used for offices.

Floodplain Definitions (reference Floodplain District):

Base Flood/One Hundred-Year Flood: A flood that, on the average, is likely to occur once
every one hundred (100) years (i.e., that has a one (1) percent chance of occurring each
year, although the flood may occur in any year).

Existing Manufactured Home Park/Subdivision: A manufactured home park or subdivision

for which the construction of facilities for servicing the lots 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 pouring of concrete pads) is
completed before the initial effective date of these regulations.

Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of

additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).

Flood: A general and temporary inundation of normally dry land areas.

Flood Fringe: All that land in a floodplain not lying within a delineated floodway and
subject to inundation by relatively low velocity flows and shallow water depths.

12 - 20 Updated December 2017XXX, 2018

Flood Hazard District: The area subject to inundation by waters on the 100-year flood,
which is the flood that has a one (1) percent chance of being equaled or exceeded in any
given year, as defined by the Federal Emergency Management Agency.

Floodplain: 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.

Flood-Prone Area: Any land area susceptible to being inundated by water from any
source.

Floodproofing: The protection of structures and public utility systems from damage
caused by inundation or seepage of flood waters.

Floodway: The floodway is the channel of a stream plus any adjacent flood plain areas that
must be kept free of encroachment in order that the 100-year flood can be discharged
without cumulatively increasing the water surface elevation more than one foot at any
point.

Historic Structure: Any structure that is a) listed individually in the National Register of
Historic Places or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register; b) certified or preliminarily
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 to qualify
as a registered historic district; c) individually listed on the Virginia Landmarks Register;
or d) individually listed on the local inventory of historic places, provided that the
Warrenton preservation program has been certified by the Department of Historic
Resources and/or the Secretary of the Interior.

Manufactured Home Park/Subdivision: A parcel, or contiguous parcels, of land divided

into two (2) or more lots, for rent or sale, intended for the placement of a manufactured
home.

New Construction: For the purpose of determining insurance rates, structures for which the
“start of construction” commenced on or after the effective date of an initial Flood
Insurance Rate Map (FIRM) or after December 31, 1974, whichever is later, and includes
any subsequent improvements to such structures. For floodplain management purposes,
“new construction” means structures for which the “start of construction” commenced on

12 - 21 Updated December 2017XXX, 2018

or after the effective date of this Article and includes any subsequent improvements to such
structures.

New Manufactured Home Park/Subdivision: A manufactured home park or subdivision for

which the construction of facilities for servicing the lots 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 pouring of concrete pads) is completed on or
after the initial effective date of these regulations.

Recreational Vehicle: A vehicle which is a) built on a single chassis; b) four hundred (400)
square feet or less when measured at the largest horizontal projection; c) designed to be
self-propelled or permanently towable by a light duty truck; and d) designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational camping,
travel, or seasonal use.

Start of Construction: The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within one hundred eighty (180) days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as
the pouring of 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 erections 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 substantial improvement, the actual start of construction
means the first alteration on any wall, ceiling, floor, or other structural part of a building,
whether or not the alteration affects the external dimensions of the building.

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to it before damaged condition would equal or exceed fifty (50)
percent of the market value of the structure before damage occurred.

Substantial Improvement: Any reconstruction, rehabilitation, addition, or other

improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the
market value of the structure before the “start of construction” of the improvement. This
term includes structures which have incurred “substantial damage” regardless of the actual
repair work performed. The term does not, however, include either 1) any project for
improvement of a structure to correct existing violations of state or local health, sanitary, or

12 - 22 Updated December 2017XXX, 2018

 safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions, or 2) any
alteration of a “historic structure”, provided that the alteration will not preclude the
structures continued designation as a “historic structure.”

Floor Area, gross: The sum of the total horizontal areas of all floors of a structure on a lot,
measured from the interior faces of exterior walls, including basements, elevator shafts,
stairwells at each story, enclosed porches or atriums, interior balconies or mezzanines, and attics
with headroom of six (6) feet, six (6) inches or greater. This definition does not include floor
space not used for human habitation or suitable for temporary storage of merchandise or
equipment such as areas designed for heating and ventilating equipment, cellars or outside
balconies which do not project more than six (6) feet from the exterior wall, off-street parking
structure, rooftop mechanical structures or penthouses, or areas with less than six (6) feet, six (6)
inches or more of structural headroom.

The term “floor area” shall include basements, elevator shafts and stairwells at each story, floor
space for mechanical equipment with headroom of seven feet or more, attic space, interior
balconies and mezzanines.

The term gross floor area shall not include cellars or outside balconies which do not exceed a
projection of six feet beyond the exterior walls of the building.

Parking structures and rooftop mechanical structures are excluded from gross floor area.

The gross floor area of structures devoted to bulk storage of materials including, but not limited
to, grain elevators and petroleum storage tanks, shall be computed by counting each ten feet of
height or fraction thereof as being equal to one floor.

Floor Area, gross leasable: The total area designated for tenant occupancy and exclusive use in
a shopping center or commercial building, including storage, retail area, offices, shipping,
basements, mezzanines and upper floors, if any, expressed in square feet and measured from the
center line of joint partitions and from outside wall faces.

Floor Area, net: The sum of the total horizontal areas of the several floors of all buildings on a
lot, measured from the interior faces of exterior walls and from the centerline of walls separating
two or more buildings. The term “net floor area” shall include outdoor display areas for sale,
rental and display of vehicles, equipment and other products, but shall exclude areas designed for
permanent uses such as toilets, utility closets, enclosed parking areas, mechanical equipment

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rooms, public and fire corridors, stairwells, elevators, escalators, and areas under a sloping
ceiling where headroom in at least half of such area is less than seven feet.
Footprint, building: (see Floorplate)

Floorplate: The horizontal land area occupied by a building at finished grade including
projections and overhangs (“footprint”).

Foster Home: A residence of any person in which one (1) or more children, other than a child
by birth or adoption of such person, resides as a member of the household.

Front: The edge of a lot or structure that abuts a street or way and ordinarily is regarded as the
front of the lot.

Front, to: When a building or structure faces or orients toward the front of a lot.

Frontage: That side of a lot abutting on a street or way and ordinarily regarded as the front of
the lot; the distance between the side lines of any lot as measured along a line, at the required
setback distance from the front lot line, generally paralleling the street upon which the lot fronts.
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 line, as defined and required herein. On irregularly shaped lots that make such a
measurable line impossible, the frontage shall be measured along the line that can be drawn so as
to best meet the intent of the above definition.

Frozen food lockers: Commercial facilities in which frozen foods are stored for wholesale
distribution or purposes.

Funeral Home: A building or part thereof used for human funeral services. Such building may
contain space and facilities for the following: embalming and the performance of other services
used in the preparation of the dead for burial; the performance of autopsies and other surgical
procedures; the storage of caskets, funeral urns, and other related funeral supplies; and, the
storage of funeral vehicles, but not including facilities for cremation.

Garage, Private: Accessory building designed or used for the private storage of not more than
three (3) automobiles owned and used by the occupants of the building to which it is accessory,
with no facilities for mechanical service or repair of a commercial or public nature. On a lot
occupied by a multiple-unit dwelling, the private garage may be designed and used for the
storage of twice as many automobiles as there are dwelling units. A garage which is attached to

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the main dwelling structure shall be considered part of that structure for purposes of setback,
yard and height regulations.

Garage, Public: A building or portion thereof, other than a private garage, designed or used as a
business enterprise with a fee or service charge being paid to the owner for renting, selling, or
storing motor-driven vehicles.

Garage, Repair: Any building, premises, or land in which or upon which a business, service, or
industry involving the maintenance, servicing, repair, or painting of motor vehicles is conducted
or rendered, such services taking place within an enclosed building or screened from public
view.

Garden Apartment: A dwelling unit situated within a structure consisting of no more than
three (3) stories with access to the dwelling units provided by means of an interior hallway or
foyer, each dwelling unit normally consisting of a portion of one (1) floor of the structure.

Gasoline Service Station: (see Service Station)

Geometric Design: Typical cross-sections used in street design.

Gift Shop: A building, or area within a building, comprising no more than 3,000 square feet that
display and sells merchandise at retail that is related to a historic person, place or event.

Golf Course: Any area of land, publicly or privately owned, on which the game of golf is
played, including accessory uses and buildings customary thereto, but excluding lighted golf
driving ranges as defined herein.

Golf Driving Range: A limited area on which golf players do not walk, but onto which they
drive golf balls from a central driving tee.

Gooseneck Lighting: A type of light fixture in which a lamp or lightbulb is attached to a

flexible, adjustable shaft to allow the user to position the light source without moving the fixture
or item to be illuminated. When applied for the purposes of illumination of signage, the lighting
is directed on a sign element.

Governing Body: The Town Council of Warrenton, Virginia.

Governmental Buildings: (see Building, Governmental)

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Green: Land open to the general public for passive recreational use that contains lawns, shade
trees and/or landscaped areas. Paved pedestrian walkways and sitting areas may cover up to
twenty-five percent (25%) of the green. Greens may be publicly owned or owned in common by
a property owners association. Greens may but are not required to be square or rectangular in
shape.

Grade: The average of the finished ground level at the center of all walls of a building. In the
case where walls are parallel to and within five (5) feet of a sidewalk, the ground level shall be
measured at the sidewalk.

Grain and feed supply stores: A business which sells grain, seed, feed and related agricultural
products on a wholesale basis, and may sell at retail as well.

Gross Floor Area: (see Floor Area, Gross)

Gross Leasable Space: (see Floor Area, Gross Leasable).

Group Home: A building which provides living accommodations for the physically or mentally
handicapped, children sixteen (16) years of age or younger, abused adults, or persons sixty-five
(65) years of age or older. The residents of such group homes shall be supervised by a resident or
nonresident staff persons in charge of their area.

Health Official; Health Officer: The health director or sanitarian of the County of Fauquier,
Virginia, or his designated agent.

Health or Fitness Facilities: An indoor establishment, which may include saunas and
steambaths, offering or providing facilities for and instruction in general health, physical fitness,
and controlled exercises such as weight lifting, calisthenics, and aerobic dancing.

Heliport: Any landing area used for the landing and taking off of helicopters for the purpose of
picking up or discharging of passengers or cargo, including fueling and emergency service
facilities.

Heritage tree: any tree that has been individually designated by the local governing body to
have notable historic or cultural interest.

Highway Engineer: The engineer appointed by the Town Manager or designated state official
serving the local VDOT residency.

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Historic District: An area containing buildings or places in which historic events occurred or
having special public value because of notable architectural or other features relating to the
cultural or artistic heritage of the community, of such significance as to warrant conservation and
preservation, and designated and/or mapped and adopted by the Town Council as an overlay
district of the Zoning Ordinance.

Historic District Definitions (reference HD District):

1. Alteration: Any change, modification, or addition to a part of or all of the exterior of any
building or structure.
2. Building: Any enclosed or open structure which is a combination of materials to form a
construction for occupancy or use.
3. Building Official: The person appointed by the Town Manager as the individual who
issues the permit for the construction, alteration, reconstruction, repair, restoration,
demolition, or razing of all or part of any building.
4. Building Permit: An approval statement signed by the Building Permit Office
authorizing the construction, alteration, reconstruction, repair, restoration, demolition, or
razing of all or a part of any building.
5. Contributing Properties: Properties so designated on the inventory map of landmarks
and contributing properties which is adopted as a part of this Ordinance, being generally
those properties which by reason of form, materials, architectural details, and relation to
surrounding properties contribute favorably to the general character of the part of the
Historic District in which they are located but which by reason of recent age, lack of
historic significance, or other factors are not designated as historic landmarks under the
criteria of this Ordinance.
6. Certificate of Appropriateness: The approval statement signed by the Chairman of the
Architectural Review Board which certifies the appropriateness of a particular request for
the construction, alteration, reconstruction, repair, restoration, demolition, or razing of all
or a part of any building within a historic district, subject to the issuance of all other
regional permits needed for the matter sought to be accomplished.
7. Demolition: The dismantling or tearing down of all or part of any building and all
operations incidental thereto.
8. Historic District: An area containing buildings or places in which historic events
occurred or having special public value because of notable architectural or other features
relating to the cultural or artistic heritage of the community, of such significance as to
warrant conservation and preservation.
9. Historic Landmark: Defined as any building or place listed in the National Register
of Historic Places, or in the Virginia Landmarks Register, or any building or place

12 - 27 Updated December 2017XXX, 2018

 officially designated as a landmark structure or place by the Town of Warrenton on the
inventory map which is adopted as a part of this Ordinance.
10. Reconstruction: Any or all work needed to remake or rebuild all or a part of any building
to a sound condition, but not necessarily of original materials.
11. Repairs: Any or all work involving the replacement of existing work with equivalent
material for the purpose of maintenance, but not including any addition, change, or
modification in construction.
12. Restoration: Any or all work connected with the returning to or restoring of a building,
or a part of any building, to its original condition through the use of original or nearly
original materials.

Historic Shrine: (see Museum)

Home Garden: A garden in a residential district for the production of vegetables, fruits, and
flowers generally for use and/or consumption by the occupants of the premises.

Home Business: Same as Home Occupation, except that a home business is permitted to have
up to three full-time equivalent employees who do not reside in the dwelling in addition to any
family employees who reside on the premises.

Home Occupation: Any occupation or activity conducted solely by a member of the family
residing on the premises which is incidental and secondary to the use of the premises for
dwelling, and in general an occupation where services are performed in such a way that visits to
the premises by members of the public are infrequent and that the character and intensity of the
use is compatible with the quiet nature of residential neighborhoods, provided that (a) not more
than the equivalent area of one quarter (1/4) of the total interior finished floor space of the
dwelling shall be used for such purpose; (b) that such occupation shall not require external or
internal alterations, or the use of machinery or equipment not customary for purely domestic
household purposes; (c) that no commodity is stored or sold, except as are made on the premises;
(d) there shall be no group instruction, assembly or activity, or no display that will indicate from
the exterior that the building is being utilized in part for any purpose other than that of a
dwelling.

When within the above requirement, a home occupation includes, but is not limited to the
following: art studio; dressmaking; home offices, teaching, with musical instruction limited two
(2) pupils at a time. However, a home occupation shall not be interpreted to include the conduct
of barber shops and beauty parlors, retail stores, nursing homes, medical offices, clinics,
convalescent homes, rest homes, child care centers, day care centers or nursery schools,

12 - 28 Updated December 2017XXX, 2018

restaurants, tea rooms, tourist homes, massage parlors or similar establishments offering services
to the general public.

Homeowners Association: A private nonprofit corporation of homeowners for the purpose of

owning, operating, improving and maintaining various common property and facilities.

Hospital: An institution primarily for human in-patient care for the sick or injured and including
related facilities such as laboratories, out-patient departments, training facilities, central services
facilities, and staff offices that are an integral part of the facilities, rendering medical, surgical,
obstetrical, or convalescent care, including nursing homes, homes for the aged, and sanatoriums.

Hospital, Special Care: A special care hospital shall mean an institution rendering care
primarily for mental or feeble-minded patients, alcoholics, or drug addicts.

Hotel: A facility offering transient lodging accommodations for ten or more individuals on a
daily rate and providing additional services, such as restaurants, meeting rooms, and recreational
facilities (also see Motel).

Housing, Emergency: (see Emergency Housing)

Household Pet Grooming: A commercial business limited to the routine grooming of

household pets, as defined herein, including bathing, hair cutting and similar functions. (also see
Pet Grooming)

Housekeeping Unit: (see Dwelling Unit)

Human Scale: The design and appearance of a building façade or group of facades such that a
human being perceives that the facades relate to the size of a human being and are not perceived
to be overwhelming, disorienting or intimating due to the apparent size.

I - District: A zoning district for industrial uses.

Illustrative Material: Accompanying pictorial and written data.

Impervious Surface: A surface on previously undeveloped land that has been compacted or
covered with a layer of material so that it is highly resistant to infiltration by water, including
gravel driveways and parking areas.

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Improvements: All utilities, facilities, buildings, and structures including but not limited to
streets, cul-de-sacs, storm and sanitary sewers, water lines, curb and gutter, and landscaping
required pursuant to the terms of the Ordinances of Warrenton, Virginia.

Industry, Heavy: A use engaged in the basic processing and manufacturing of materials or
products predominantly from extracted or raw materials, or a use engaged in storage or
manufacturing processes using flammable or explosive materials, or storage or manufacturing
processes that potentially involve hazardous or commonly recognized offensive conditions.

Industry, Light: A use engaged in the manufacture, predominantly from previously prepared
materials, of finished products or parts, including processing, fabrication, assembly, treatment,
packaging, incidental storage, sales, and distribution of such products, but excluding basic
industrial processing or storage or manufacturing processes that involve hazardous or offensive
conditions.

Inn: A single-family dwelling, portion thereof, or accessory building to, where short-term
lodging is provided for compensation to transient guests only. Additional services, such as
restaurants, meeting and event space, and recreational facilities may also be provided. The
operator may or may not live on the premises. Up to twelve (12) guest rooms may be provided.

Inoperable Vehicle: A vehicle parked outside of a structure in any zoning district within the
Town that cannot be operated mechanically and/or does not display a current, valid Town and
State registration decal.

Institutional uses or buildings: Educational and philanthropic operations, including museums,

art galleries, and libraries

Internal Relationships: Those associations pertaining to on-site considerations.

Janitorial service establishment: A commercial facility used to store equipment and materials
used in providing janitorial services, which may include limited administrative office space for
the enterprise.

Junk Vehicle: An inoperable or abandoned motor vehicle without current Town and State
registration.

Junk Yard: The use of any area of land lying within one hundred (100) feet of a state highway
or the use of more than two hundred (200) square feet of land area in any location for the storage,

12 - 30 Updated December 2017XXX, 2018

keeping, or abandonment of junk including scrap metals or other scrap materials. The term "junk
yard" shall include the term "automobile graveyard" as defined herein.

Jurisdiction: The limits of territory within which authority may be exercised by the governing
body.

Kennel: (see Animal Kennel).

Landscape Architect: A person who is certified by the State of Virginia in the practice of
landscape design.

Laboratories, research: A workplace devoted to scientific research and experimentation.

Laboratories, medical: A workplace devoted to routine testing of medical samples and related
items associated with the diagnosis and treatment of diseases.

Landscaping: The modification of existing site conditions by earthwork, planting, and/or

structural installation to complete a desired landscape scheme.

Landscape Design: The planned treatment of land, structures, plants, topography, and other
natural features.

Laundromat: A business that provides home-type washing, drying, and/or ironing machines for
hire to be used by customers on the premises.

Laundry: A commercial facility where washing, drying, ironing, and/or dry cleaning are
performed, but do not include self service machines.

Laundry, Pick Up-Drop Off: A business that provides laundry services to customers but
washing, drying, or dry cleaning facilities are not located on the immediate premises.

Lawn and Garden Equipment: Motorized and non-motorized equipment used to cultivate or
maintain lawns and garden plots of yards associated with non-agricultural land uses.

Library: A place devoted to the collection and display of books, manuscripts and related
intellectual property for use and circulation by the public but not for sale.

Lighting (reference Lighting Regulations):

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Footcandle: Unit of luminance. One lumen per square foot. It is the luminous flux per unit
area in the Imperial system. One footcandle equals approximately 0.1 (0.093) lux.

Flood Lam: A specific form of lamp designed to direct its output in a specific direction (a
beam) but with a diffusing glass envelope: Such lamps are so designated by the
manufacturers and are typically used in residential outdoor area lighting.

Full Cutoff Light Fixture or Luminaire; Fully Shielded Light Fixture: A lighting fixture
from which no light output, either directly from the lamp or a diffusing element, is emitted
at or above a horizontal plane drawn through the bottom of the fixture and no more than
10% of the lamp's light intensity is emitted at an angle 10 degrees below that horizontal
plane, at all lateral angles around the fixture. Implicit in the definition is a fixture that is
aimed straight down and has a flat lens. Any structural part of the light fixture providing
this shielding must be permanently affixed.

Glare: The sensation produced by a bright source within the visual field that is sufficiently
brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or
loss in visual performance and visibility. The magnitude of glare depends on such factors
as the size, position, brightness of the source, and on the brightness level to which the eyes
are adapted.

High Intensity Discharge Lamp: A mercury vapor, metal halide, or high or low pressure
sodium lamp.

IESNA: Illuminating Engineering Society of North America

Illuminance, Luminance: The intensity of incident light at a point, measured with a light
meter in footcandles or lux.

Initial lumens: The lumens emitted from a lamp, as specified by the manufacturer of the
lamp.

Lamp: The component of a luminaire that produces light. A lamp is also commonly
referred to as a bulb.

Light pollution: Any adverse effect of manmade light.

Light Trespass: Light falling where it is not wanted or needed, typically across property
boundaries.

12 - 32 Updated December 2017XXX, 2018

 Lumen: Unit of luminous flux; used to measure the amount of light emitted by lamps.

Luminaire: The term "luminaire" means a complete lighting unit, less the support
assembly, consisting of a lamp or lamps together with the components designed to
distribute the light, to position and protect the lamps, and to connect the lamps to the power
supply. A luminaire is also commonly referred to as a fixture.

Lux. Unit of Luminance: One lumen per square meter. It is the luminous flux per unit area
in the metric system. One lux equals approximately 10 (10.8) footcandles.

Installed: The attachment, or assembly fixed in place, whether or not connected to a power
source, of any outdoor light fixture.

Opaque: Opaque means that a material does not transmit light from an internal
illumination source. Applied to sign backgrounds, means that the area surrounding any
letters or symbols on the sign either is not lighted from within, or allows no light from an
internal source to shine though it.

Outdoor Light Fixture or Lumenaire: An outdoor illuminating device, outdoor lighting or

reflective surface, lamp or similar device, permanently installed or portable, used for
illumination or advertisement.

Temporary Lighting: Lighting which does not conform to the provisions of this Code and
which will not be used for more than one thirty (30) day period within a calendar year, with
one thirty (30) day extension. Temporary lighting is intended for uses which by their nature
are of limited duration; for example holiday decorations, civic events, or construction
projects.

Live-Work Unit: (see Dwelling, Live-Work Unit)

Loading Space: A space within the main building or on the same lot providing for the standing,
loading, or unloading of trucks and other carriers.

Lodge: (see Club).

Lot: A numbered and recorded portion of a subdivision intended for transfer of ownership or for
building development for a single building or accessory building or, in the case of land not

12 - 33 Updated December 2017XXX, 2018

transferred for sale, a measured parcel of land having fixed boundaries and designated on a plat
or survey showing the metes and bounds or simply described by metes and bounds.

Lot Area: The total horizontal area of the lot lying within the lot lines, provided that no area of
land lying within any street or right-of-way shall be deemed a portion of any lot area. The area
of any lot abutting a street shall be measured to the street right-of-way.

Lot, Corner: A lot abutting upon two (2) or more streets at their intersection. All sides along
the streets shall be considered front yards.

Lot, Coverage: The area of a site covered by buildings or roofed areas.

Lot, Depth of: The average horizontal distance between the front and rear lot lines.

Lot, Double Frontage: An interior lot having frontage on two (2) streets.

Lot, Interior: A lot other than a corner lot with only one street frontage.
Lot Line: A property boundary line of any lot held in single and separate ownership from
adjacent property, except that, in the case of any lot abutting a street, the lot line or such portion
of the lot as abuts the street shall be deemed to be the same as the street line, and shall not be the
center line of the street, or any other line within the street line even though such may be the
property boundary line.

Lot, Pipestem: A lot with access provided to the bulk of the lot by means of a narrow corridor
that does not meet the street frontage requirement of the district regulations.

Lot, through: A lot in which both the front and rear lot lines abut a street.

Lot of Record: A lot which has been recorded among the land records in the Office of the
Circuit Court of Fauquier County, Virginia.
Lot, Substandard: (see Nonconforming Lot).

Lot, Width of: The horizontal distance between side lot lines measured at the required front
setback line.

Lumber and building supply: A commercial use devoted to the storage and sale of wood,
lumber and related building materials.

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Manufacture and/or Manufacturing: The processing, fabrication, assembly, and distribution
of products such as, but not limited to: scientific or precision instruments, photographic
equipment, communication equipment, computation equipment, household appliances, toys,
sporting and athletic goods, glass products made of purchased glass, electric lighting and wiring
equipment, industrial controls, lithographic and printing processes, radio and TV receiving sets,
watches and clocks, optical goods, and electrical machinery.
Marquee: A permanent structure projecting beyond a building wall at an entrance to a building
or extending along and projecting beyond the building's wall and generally designed and
constructed to provide protection against the weather.

Massage Therapist: A practitioner who is licensed or certified by the state and/or a recognized
professional organization, to practice massage therapy for purposes of medical care or physical
therapy rather than for entertainment or recreation.

Materials: The physical elements of which something is made or fabricated.

Medical or Dental Clinic: Any building or group of buildings occupied by medical

practitioners and related services for the purpose of providing health services to people on an
out-patient basis.

Medical Center: Any building or group of buildings that provides a range of professional
medical services that would normally be found in hospitals, medical clinics and medical offices.

Medical Laboratory: (see Laboratory, Medical)

Meeting Hall: (see Assembly Hall)

Mentally or physically impaired person: A person who is a resident of Virginia and who
requires assistance with two or more activities of daily living, as defined in § 63.2-2200, as
certified in a writing provided by a physician licensed by the Commonwealth.

Message, Commercial: Any sign, wording, logo or other representation that, directly or
indirectly, names, advertises or calls attention to a business, product, service or other
commercial activity.

Message, Noncommercial: Any sign, wording or logo that does not represent a commercial
message or commercial speech. See also “Message, Commercial.”

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Mini-Warehouse: A structure containing separate storage spaces of varying sizes leased or
owned on an individual basis for self-storage of business, household, or contractors supplies.

Mixed-Use: A use or structure which contains residential uses as well as commercial or office
uses.

Mobile Food Vendor: Any itinerant merchant who engages in the sale of food or beverages,
whether prepared on-site or off-site, and does so through the use of a mobile unit.

Mobile Home (also “Manufactured Home”): (see “Dwelling, Mobile Home”)

Mobile Home Park: A residential neighborhood conforming to the requirements of the former
MHP Residential District.

Mobile Home Subdivision: An arrangement of lots designed and intended for the placement of
mobile homes for residential purposes, meeting the requirement of the former MHP Residential
District.

Modular home; Modular dwelling: (see Dwelling, Modular)

Monument sales: Sales of headstones, plaques and similar elements for memorials.

Motel: A building or a group of two (2) or more detached or semi-detached buildings containing
rooms or apartments having separate entrances provided directly or closely in connection with
automobile parking or storage space serving such rooms or apartments, which building or group
of buildings is designed, intended, or used principally for the providing of sleeping
accommodations for automobile travelers and is suitable for occupancy at all seasons of the year.

Motion picture studio: A building or group of buildings in which videos, motion pictures or
other visual recordings are filmed.

Mural: A painting or other artistic depiction on the wall of a building which does not serve the
purpose of commercial or business advertisement or promotion.

Museum: A building which provides educational or aesthetic opportunities for the visiting
public on a regular schedule. Artifacts, artwork, historical documents, photographs, costumes,
and other objects are exhibited and cared for by a professional staff.

12 - 36 Updated December 2017XXX, 2018

Neighborhood Professional Business: Any establishment containing between 1,500 and 5,000
square feet of gross floor area, on the ground floor of a building/structure wherein the primary
occupation is the provision of services on a fee or contract basis. Retail sales to the general
public are not permitted, except as a secondary and subordinate activity, and not exceeding ten
(10) percent of the gross floor area. The retail sales area component should be clearly delineated
within the building/structure. Business service establishments shall not have more than two (2)
employees, including the owner.

New Urbanism: A pattern of urban design which incorporates various traditional town planning
principles, including narrow streets, on-street parking, interconnected streets, alleys, small front
setbacks, mixed-uses and similar features.

Noise: Sound of a harsh, loud, or confused kind causing disturbance to occupants of an abutting,
adjacent, or adjoining property, as provided for in the performance standards of these regulations
and any other provisions of the Town Code.

Nonconforming Activity: (see Nonconforming Use)

Nonconforming Lot: An otherwise legally platted lot that does not conform to the minimum
area or width requirements of this Ordinance for the district in which it is located either at the
effective date of this Ordinance or as a result of subsequent amendments to the Ordinance.

Nonconforming Sign: An otherwise legal sign that does not conform with the regulations of
this Ordinance for the district in which it is located, either at the effective date of this Ordinance
or as a result of subsequent amendments to the Ordinance.

Nonconforming Structure: An otherwise legal building or structure that does not conform with
the lot area, yard, height, lot coverage, or other area regulations of this Ordinance, or is designed
or intended for a use that does not conform to the use regulations of this Ordinance, for the
district in which it is located, either at the effective date of this Ordinance or as a result of
subsequent amendments to the Ordinance.

Nonconforming Use: The otherwise legal use of a building or structure or a tract of land, other
than a sign, that does not conform with the regulations of this Ordinance for the district in which
it is located, either at the effective date of this Ordinance or as a result of subsequent
amendments to the Ordinance.

Non-profit organization: A non-profit organization incorporated under the provisions of

section 501 [c] 3 of the federal code.

12 - 37 Updated December 2017XXX, 2018

Nursery School: (see Day Care Center).

Nursing or Convalescent Home: An extended or intermediate care facility licensed or

approved to provide full-time convalescent or chronic care to individuals who, by reason of
advanced age, chronic illness, or infirmity are unable to care for themselves.

Office: A building or portion of a building wherein services are performed involving

predominantly administrative, professional, or clerical operations.

Office, business and professional: (see Business and Professional Office)

Office, medical: (see Medical or Dental Clinic)

Off-Street Parking Space or Parking Bays: A reasonably level space, available for the
parking of one (1) motor vehicle, not less than nine (9) feet wide and having an area of not less
than one hundred sixty-two (162) square feet exclusive of passageways or other means of
circulation or access.

One Hundred-Year Flood: A flood that, on the average, is likely to occur once every 100 years
(i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in
any year).

On-Site: That area within the boundary of any land to be developed or planned for
development.

Open Space: An area that is intended to provide light and air, and is designed for either
environmental, scenic, or recreational purposes and may include, but is not limited to, lawns,
decorative planting, walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas, and water bodies, but not including driveways, parking lots, and
storage yards.
Open Space, Common: Open space within or related to a development, not in individually
owned lots or dedicated for public use, but which is designed and intended for the common use
or enjoyment of the residents of a development.

Outdoor Lighting: (see Lighting)

Outdoor Storage: The keeping in an unroofed area of any goods, junk, material, merchandise,
or vehicles in the same place for more than one (1) week.

12 - 38 Updated December 2017XXX, 2018

Owner-Applicant: (see Applicant-Owner_.

Parcel: A continuous quantity of land, as shown on the official parcel maps of the County
Commissioner of the Revenue and/or an approved record plat, in the possession of, owned by, or
recorded as the property of the same person or persons.

Park: An area open to the general public and reserved for recreational, educational, or scenic
purposes.

Parking, off-street: Parking in spaces designated outside of the street right-of-way.

Parking, on-street: Parking in spaces designated within the street right-of-way.

Parking Lot: An area not within a building where motor vehicles may be stored for the
purposes of temporary, daily, or overnight off-street parking. For the purposes of this Article,
parking lots are defined as any area used for the display or parking of any and all types of
vehicles, boats, farm machinery, lawn and garden equipment, or heavy construction equipment,
whether or not these items are for sale or lease. This definition includes, but is not limited to,
parking lots and display areas for automobile dealerships and service stations. The area of the
parking lot shall be calculated to include all paved areas used for ingress, egress, internal
circulation, loading, and parking stalls.

Parking Space, All Weather: A parking space surfaced to whatever extent necessary to permit
reasonable use under all conditions of weather.

Passive Recreation: (see Recreation, Passive)

Passive Recreation Area: (see Recreation Area or Facilities, Passive)

Patio House: For purposes herein, same as atrium house (also see Atrium House, Townhouse).

Performance Bond: A bond of surety, and/or cash deposit approved by the Governing Body
equal to the full cost of improvements required by these regulations and providing for
completion of said improvements within a definite term (A performance and payment bond also
provides for the payment of subcontractors).

Personal Service Establishment or Store: Establishments primarily engaged in the repair, care,
maintenance or customizing of personal property that is worn or carried about the person, or is a

12 - 39 Updated December 2017XXX, 2018

physical component of the person, such as the following which will serve as illustration: beauty
parlors, barber shops, shoe repair, tailor shops, opticians, and similar places of business.
Personal Service Establishments do not include dry cleaning plants, or linen or diaper service
establishments.

Pet, Household: Small, domestic animals that are customarily kept in the house or residential
yard for the company or enjoyment of the owner, such as but not limited to dogs, cats, rabbits,
birds, rodents, fish and other such animals that pose no threat, harm or disturbance to
neighboring residents or properties.

Pet Grooming: A commercial business limited to the routine grooming of household pets, as
defined herein, including bathing, hair cutting and similar functions.

Pipeline, Major: A main trunk pipeline that carries water, gas or other material, or that collects
stormwater or wastewater, and connects to one or more smaller lines that provide the service to
specific customers.

Pipestem Lot: (see Lot, Pipestem).

Planned Unit Development: A development of land that is under unified control and is planned
and developed as a whole in a single development operation or programmed series of
development stages, including principal and accessory structures and uses substantially related to
the character and purposes of the development, and including streets, circulation ways, utilities,
buildings, open spaces, and other site features and improvements. It also includes a program for
the provision, operation, and maintenance of such areas, facilities, and improvements as will be
for common use by some or all of the occupants of the planned development but will not be
provided, operated, or maintained at public expense. PUD includes mixed-use developments,
single use residential developments and/or commercial developments, in accord with the
provisions of this Ordinance.

Planner: Person qualified to prepare site development plans, either licensed as such or meeting
the educational training and work experience standards for membership of the American Institute
of Certified Planners.

Planning Director: The person designated by the Town Manager to serve in this capacity.

Plat: A map or plan of a tract or parcel of land which is to be or has been subdivided (when
used as a verb, plat is synonymous with subdivide).

12 - 40 Updated December 2017XXX, 2018

Playground: A recreational area which is graded and either planted in grass or paved, or a
combination of both, which may have play equipment, and which may be lighted or unlighted for
nighttime sports activities in accord with the provisions of this ordinance.

Plumbing and electrical supply: A business which sells plumbing and/or electric products on a
wholesale basis, and may sell at retail as well.

Porch: A structure attached to a building to shelter an entrance or to serve as a semi-enclosed

space, usually roofed and generally open-sided, but it may be screened or glass enclosed.

Premise: A contiguous parcel of land with its appurtenances and buildings that functions as a
unit. For the purpose of this ordinance, an outparcel along the perimeter of a shopping center or
similar multi-tenant use that contains a freestanding building and a parking area separate from
the shopping center as indicated on an approved site plan shall be considered a premises separate
from the premises of the shopping center.

Printing establishments: Printing, publishing, and engraving establishment; photographic

processing; blueprinting; photocopying; and similar uses

Profile: A drawing of a side or sectional elevation of an object.

Property: Any tract, lot, or parcel, or several of the same collected together for the purpose of
subdividing, preparing a site development plan, and/or developing.

Public Buildings: (see Building, Public)

Public Facilities Manual: The Town of Warrenton Public Facilities Manual. This manual
provides standards and specifications for public facilities construction within the Town.

Public Water and Sewer Systems: A water or sewer system owned and operated by a
municipality or county, or owned and operated by a private individual or a corporation approved
by the Governing Body and properly licensed by the State Corporation Commission, and subject
to special regulations as herein set forth.

Pumping station: A component of a public water or wastewater system that pumps material
from one line to another for either distribution or collection.

R – District (Residential District): Any zoning district beginning with "R" and/or any zoning
district designed primarily for residential uses.

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Raceway or Wireway: A raceway or wireway is a form of mounting structure for signs that are
a narrow structure attached to a wall where electrical conduit can run within and where the sign
structure itself is mounted to the raceway or wireway.

Recreation, Active: Intensive play or athletic activity involving individual or group

participation in games, sports or other activity. Includes such activities as baseball, basketball,
tennis, soccer, golf, swimming, riding and other activities involving physical exertion. May be
private, public or commercial in nature.

Recreation Area or Facilities, Active: Area or facilities designed for intensive play or athletic
activity by either juveniles or adults.

Recreation, Commercial: (see Commercial Recreation)

Recreation, Passive: Activity involving minimal physical exertion such as sitting, walking,
picnicking, bird watching and reading.

Recreation Area or Facilities, Passive: Natural areas with or without facilities, primarily
scenic, for passive activities, e.g., sitting, walking, riding, or picnicking.

Recycling Center: A facility that is not a junkyard and in which recoverable resources, such as
newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled,
either by machine or by hand, within a completely enclosed building, in preparation for further
processing or manufacturing at another facility.

Recycling Collection Point: An incidental use that serves as a neighborhood drop-off point for
recoverable resources, for temporary storage in containers, or small structures, not including
processing of such items. Generally, these facilities are located in shopping center parking lots,
or other public or semi-public areas such as churches or schools.

Recycling Plant: A facility that is not a junkyard and in which recoverable resources, such as
magazines, books, and other paper products; glass; metal cans; and other products, are recycled,
reprocessed, and treated, within a completely enclosed building, to return such products to a
condition in which they may again be used for production.

Rental service establishment: A business that rents household equipment and/or vehicles.

Rescue Squad: An emergency medical and rescue company, typically operated as a non-profit
organization, using emergency medical vehicles to serve customers.

12 - 42 Updated December 2017XXX, 2018

Rest Home: (see Nursing Home).

Restaurant: An establishment whose principal business is the selling of unpackaged food to the
customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and
where the customer consumes these foods while seated at tables or counters located within the
building. This definition also includes cafes, cafeterias, sit-down restaurants, tea rooms,
confectionery shops, refreshment stands, and outdoor cafes.

Restaurant, Carry-Out: An establishment that provides prepared food for pick-up by the
customer or delivery by the restaurant employees, but not eat-in facilities.

Restaurant, Drive-Through: An establishment that delivers prepared food, beverages, and/or

desserts to customers in motor vehicles, regardless of whether or not it also serves customers
who are not in motor vehicles, for consumption on or off the premises.

Restaurant, Fast Food: An establishment whose principal business is the sale of pre-prepared
or rapidly prepared food, beverages, and/or desserts directly to the customer in a
ready-to-consume state for consumption either within the restaurant building or off premises.
Orders are not generally taken at the customer's table and food is generally served in disposable
wrapping or containers.

Retail Stores and Shops: Buildings for the display and sale of merchandise at retail (but
specifically exclusive of coal, wood, and lumber yards), such as the following which serve as
illustrations: drugstore, newsstand, food or grocery store, candy shop, dry goods and notions
store, antique store, gift shop, hardware store, household appliance store, furniture store, florist,
music and radio store. This group also includes the consolidation of retail stores into one or
more buildings as a shopping center.

Retail uses, General: (see Retail Stores and Shops)

Retail uses, Personal services: Retail uses that provide services to individuals, such as barber,
beauty salon, nail care, and the like.

Retail uses, Business services: Retail uses that provide services to businesses, such as office
supplies, office equipment, data processing, and the like.

Retail Use, Automated: A retail establishment that is fully automated, without a full time
attendant or proprietor.

12 - 43 Updated December 2017XXX, 2018

Retention Facility: The same as a Detention Facility except that the lower water elevation of
the pond may be at a level lower than the normal hydraulic grade line of the drainage system into
which it drains. Water detained in this lower elevation must therefore be dissipated by
evaporation, seepage into the soil, or retained as a permanent water pool.

Reverse Frontage: A lot with double frontage which is not accessible from one of the streets
upon which it fronts, usually the street designed for or experiencing the highest vehicular traffic
volumes.

Right-of-Way: A strip of land occupied or intended to be occupied by a street, crosswalk,

railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer
main, shade trees, or for another special use. May include a fee simple or easement ownership.

Road, Public: All public property reserved or dedicated for street traffic, maintained by the
Town of Warrenton or the Virginia Department of Highways.

Road, Private: A way open to vehicular ingress and egress established as a separate tract for the
benefit of certain adjacent properties, not including driveways, and not maintained by the Town
of Warrenton or the Virginia Department of Highways.

Rooming House: (see Boarding House).

Rug and carpet cleaning and storage with incidental sales of rugs and carpets: A business
which cleans and/or stores rugs and carpets and which may sell or trade such items as an
incidental use.

Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or
bar configured, usually in a round, parabolic shape, intended to receive and/or transmit radio,
electromagnetic, or microwaves from terrestrially based and/or orbitally based sources.

School: Any public, parochial, or private place of instruction that provides a curriculum of
elementary or secondary academic instruction, including kindergartens, elementary schools,
middle schools, junior high schools, vocational schools, and high schools, meeting all the
licensing requirements of the Commonwealth of Virginia.

Screening: (see Buffer).

Seating Capacity: The actual seating capacity of an area based upon the number of fixed seats
or one (1) seat per eighteen (18) inches of bench or pew length. For other areas where seats are

12 - 44 Updated December 2017XXX, 2018

not fixed, the seating capacity shall be one (1) seat for every seven (7) square feet of net floor
area, excluding floor area devoted to permanent displays and/or storage.

Security service office or station: A kiosk, office or other structure out of which the security
personnel of a building or complex operate.

Self-Service Storage Units: (see Mini-Warehouse).

Senior Citizens Center: A licensed facility which provides care, supervision, and recreation
activities for persons 55 years of age and older, during a portion of the day and which is not used
for lodging or overnight care.

Service Station: Buildings and premises where the primary use is the supply and dispensing of
retail motor fuels, lubricants, batteries, tires, motor vehicle accessories, and/or light maintenance
activities, performed within an enclosed building, such as engine tune-ups, lubrication, and
minor or emergency repairs. This definition does not include heavy automobile maintenance
activities such as engine overhauls, automobile painting, and body or fender work.

Setback: The minimum distance by which any building or structure must be separated from the
front, side, or rear lot line.

Setback Line: The line which establishes the required setback. The same as building line.

Shopping Center: A grouping of retail business and service uses on a single site with common,
shared parking facilities and combined access points to the public road system.

Shrub: A low-growing, usually multi-stemmed, woody plant.

Sign: Any display of any letters, words, numerals, figures, devices, emblems, pictures, structural
forms, corporate logos (including symbols, color patterns or other features that communicate
brand identity) or any parts or combinations thereof, by any means whereby the same 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 on or beyond the boundaries of the
parcel of land on which the same is made. A display of less than two (2) square feet in area is
excluded from this definition. Any object, device, display, or structure, or part thereof, visible
from a public place, a public right-of-way, any parking area or right-of-way open to use by the
general public, or any navigable body of water which is designed and used to attract attention to
an institution, organization, business, product, service, event, or location by any means involving

12 - 45 Updated December 2017XXX, 2018

words, letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected
images. The term “sign” also does not include the display of merchandise for sale on the site of
the display.

Sign, Advertising: A sign directing attention to a product offered upon the premises, but which
product or service is or could be offered elsewhere than on the same premises, with the exception
that where the trade name of the product is a basic factor in directing attention to the business,
the display of that sign shall be considered a business use.

Sign, Animated: Such signs shall include but not be limited to pennants, propellers, inflatable
figures, balloons, discs and any sign with moving parts.

Sign, Area: That area within a line including the outer extremities of all letters, figures,
characters, and delineations, or within a line including the outer extremities of the framework or
background of the sign, whichever line includes the larger area. The support for the sign
background, whether it is columns, a pylon, or a building or part thereof, shall not be included in
the sign area. Only one (1) side of a double-faced sign shall be included in a computation of sign
area; for other signs with more than one (1) face, each side shall be included in a computation of
sign area. The area of a cylindrical or spherical sign shall be computed by multiplying one-half
of the circumference by the height of the sign area. The entire display area of a sign including the
advertising surface located on one or more sign faces and any framing, trim and molding, but not
including the supporting structure as measured pursuant to Section Error! Reference source not
found..

Sign Copy: Those letters, numerals, and figures, symbols, logos, and graphic elements
comprising the content or message of a sign.

Sign Face: The surface of the sign upon, against or through which the message of the sign is
exhibited.

Sign Height: The vertical distance to top of sign structure as measured pursuant to Section
Error! Reference source not found..

Sign, Awning: A sign painted on, printed on or attached flat against the surface of an awning.

Sign, Banner: A temporary sign announcing the name, time and place of a special event within
the Town conducted by a public agency, or for the benefit of any civic, fraternal, religious, or
charitable cause, such sign to be displayed above a public right-of-way. constructed of canvas,
plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with

12 - 46 Updated December 2017XXX, 2018

cord, rope, cable, or a similar method. Where a banner sign is supported by stakes or another
type of supporting structure for posting in the ground, such sign shall be classified as a “Sign,
Yard.”

Sign, Billboard: Any sign that identifies or communicates a commercial or noncommercial

message related to an activity conducted, a service rendered, or a commodity sold at a location
other than where the sign is located, excluding directional signs. (see Off-Premise Sign)

Sign, Building: Signs that are attached to the building including wall signs, projecting signs,
awning signs, marquee signs, suspended signs, and canopy signs.

Sign, Canopy: A sign painted or attached to a covered area or structure which extends from the
wall of a building or is freestanding, such as the structure that covers a gasoline pump island,
including awnings, and including the materials and colors of the awning or canopy structure
itself. the soffit or fascia of a canopy.

Sign, Commercial: A sign directing attention to a business, commodity, service, or

entertainment conducted, sold or offered on the same premises upon which the sign is
maintained (see Advertising above).

Sign, Directional: A sign marking an entrance or exit or giving other directions to the general
public or to patrons or customers.

Sign, Directory: A sign for identifying the occupants or tenants of a building and/or their
location in the building.

Sign, Double-Faced: A sign with two (2) parallel or nearly parallel faces, back to back, upon
which advertising is displayed.

Sign, Changeable Copy: A sign designed so that the characters, letter or illustrations can be changed or
rearranged manually or electronically without altering the sign display surface. May also be known as
readerboards. See also the definition of “Sign, Electronic Message Center.”

Sign, Drive-Through: Any signage allocated along a drive-through lane that is oriented toward the
customer or user in the drive-through lane.

Sign, Electronic Message Board Center: Any sign that uses changing lights to form a sign
message or messages wherein the sequence of messages and the rate of change is electronically
programmed and can be modified by electronic processes. Such signs may be included in the

12 - 47 Updated December 2017XXX, 2018

definition of other types of signs if they otherwise meet those definitions and do not have
features of prohibited signs, such as flashing signs.

Sign, Feather: A temporary sign that is constructed of lightweight cloth, canvas, plastic fabric or
similar lightweight, non-rigid material and that is supported by a single vertical pole mounted
into the ground or on a portable structure that may resemble a sail, bow, or teardrop.

Sign, Flashing: Any illuminated sign on which there is artificial light which is not stationary or
constant in intensity or color at all times when such sign is in use.

Sign, Free Standing: A sign supported by one (1) or more upright poles, columns, or braces
placed in or on the ground and not attached to any building or structure. (a type of ground sign)
Any sign supported upon the ground by a monument, pedestal, bracing, or other permanent
measure and not attached to any building. See also the definition of “Sign, Monument.

Sign, Ground: A general term that includes freestanding and monument signs; any sign
supported by uprights or braces placed in the ground or attached directly to the ground, and not
attached to any building. (see Freestanding Sign; see Monument Sign)

Sign, Height: The vertical distance from the street grade or the average lot grade at the front
setback line, whichever produces the greater vertical distance, to the highest point of the sign.

Sign, Identification: A sign indicating the name of a permitted use, the name or address of a
building, or the name of the management thereof.

Sign, Illuminated: Any sign which has character letters, figures, designs, or outlines
illuminated by electric lights or luminous tubes as a part of the sign proper.

Sign, Indirectly Illuminated: A sign which is either (1) artificially lit from within itself using
an opaque/non-glaring background and backlighted or (2) is illuminated by spotlights or
floodlights not a part of or attached to the sign itself. Also, for purposes of this Ordinance, a sign
of translucent nontransparent material illuminated from within with no exposed or exterior bulbs,
tubes, or other light source.

Sign, Informational: A sign conveying instructions with respect to the premises on which it is
maintained or giving directions, or providing information to the public at large by official
notices, place names, tourist information, and the like.

12 - 48 Updated December 2017XXX, 2018

Sign, Industrial Park: Any sign designating a group of industrial buildings or industrial tenants
in an industrial park, laid out and developed or operated as a unit according to an integrated
design plan, which states the name of the Park and may list individual businesses or tenants in
accord with the limitations of this Ordinance.

Sign, Marquee: Any canopy or other covered structure other than a projecting sign projecting
from and wholly supported by a building and extending beyond the building wall. A sign
attached to and made a part of a marquee or any similar projections from a building, with
changeable, fixed or both types of lettering in use.

Sign, Monument: A type of ground mounted sign which is built on grade and which the sign
and structure are an integral part of one another. A permanent freestanding sign other than a pole
sign, not attached to a building, which is placed upon or supported by the ground independently
of any other structure, typically on a monument or pedestal structure.

Sign, Neon: Any illuminated sign that is comprised of glass tubing that contains neon or other gases that
light up in various colors when an electric discharge is applied to the gas.

Sign, Nonconforming: Any sign which was erected legally prior to the adoption of this code, but which
does not comply with subsequently enacted sign restrictions and regulations or a sign which does not
conform to the sign code requirements.

Sign, Off-Premises: Any sign located on a separate parcel from the structure or business it
pertains to, except for signs for businesses within shopping centers or planned development
districts that are located on a separate parcel from the business but contiguous with the other
parcels that form the shopping center or planned development project.

Sign, On-Premise: A sign with a message that relates to an activity located on the same premise.

Sign, Painted: Any sign painted on the exterior surface of a building.

Sign, Permanent: A sign permitted by this code to be located on the premises for an unlimited
period of time and designed to be permanently attached to a structure or the ground.

Sign, Portable: Any sign not affixed to the ground or to a building, including any sign attached
to or displayed on a vehicle that is used for the expressed purpose of advertising a business
establishment, product, or service, or entertainment, when that vehicle is so parked as to attract
the attention of the motoring or pedestrian traffic. attached to the ground or a sign designed to be
transported, including signs designed to be transported by means of wheels. Such signs shall not
include sidewalk signs as allowed in Section Error! Reference source not found..

12 - 49 Updated December 2017XXX, 2018

Sign, Projecting: A sign attached to a building, approximately perpendicular to the building
wall. that is affixed perpendicular to a building or wall and extends more than eighteen inches
beyond the face of such building or wall.

Sign, Real Estate: A sign that advertises the property on which it is located, for sale, rent, or
lease. Such signs shall be removed upon the sale, rental, or lease of the property on which it is
located.

Sign, Roof: Any sign erected, constructed, and maintained wholly upon or over the roof of any
building.

Sign, Shopping Center: Any sign designating a group of retail stores laid out and developed or
operated as a unit according to an integrated design plan, which states the name of the center and
may list individual stores or tenants in accord with the limitations of this Ordinance.

Sign, Structure: Includes the supports, uprights, bracing, and framework of any structure, be it
single-faced, double-faced, v-type, or otherwise, exhibiting a sign.

Sign, Sidewalk (A-Frame): A freestanding sign which is ordinarily in the shape of an “A” or some
variation thereof, which is readily moveable, and is not permanently attached to the ground or any
structure. See also the definition of T-frame signs. Such signs are placed on a public sidewalk, private
sidewalk, or similar walkway, in a manner established in Section Error! Reference source not found..

Sign, Sidewalk (T-Frame): A freestanding sign which is ordinarily in the shape of an upside down “T”
or some variation thereof, which is readily moveable, and is not permanently attached to the ground or
any structure. See also the definition for A-frame signs. Such signs are placed on a public sidewalk,
private sidewalk, or similar walkway, in a manner established in Section Error! Reference source not
found..

Sign, Temporary: A sign applying to an activity such as horse shows, auctions, carnivals,
festivals, or other community sponsored activities, or advertising the grand opening, closing, or
other special event of a commercial nature, and intended to be displayed for not more than forty-
five (45) days. that is neither permanently anchored to the ground, nor permanently affixed to a
structure, nor mounted on a chassis, and/or is intended for a limited period of display.

Sign, Vehicle: A vehicle sign shall be considered to be used for the primary purpose of
advertising if the vehicle fails to display current license plates, inspection sticker, or municipal
decal, if the vehicle is inoperable, if evidence of paid-to-date local taxes cannot be made
available, or if the sign alters the standard design of such vehicle. Vehicle signs include those
attached to or placed on a vehicle or trailer.

12 - 50 Updated December 2017XXX, 2018

Sign, Wall: Any signs or lettering, projecting not more than eight (8) inches, which are placed
against or attached to the front, rear, or side wall of a building, but shall not include professional
name-plates. If the sign is composed of individual letters attached to the wall, the area between
letters shall be included in size calculations. A sign attached directly to an exterior wall of a
building with the exposed face of the sign in a plane parallel to the building wall. A wall signs
shall include cornice and transom signs as allowed in the Historic District.

Sign, Window: A sign painted, stenciled, or affixed on a window, which is visible from a
right-of-way. attached to, in contact with, placed upon or painted on the window or door of a
building which is intended for viewing from the outside of such building. This does not include
merchandise located in a window. A structure that would be considered a sign if mounted on the
exterior of the building, but which is mounted inside the building and oriented to be visible
through the window by a person outside of the window, shall be considered a window sign for
the purposes of this Article.

Sign, Yard: Any temporary sign placed on the ground or attached to a supporting structure,
posts, or poles, that is not attached to any building.

Sign fabricating and painting: The fabrication, painting or assembly of any type of sign as
defined herein.

Simplicity: Directness of expression in design.

Site Development Plan: Detailed drawings indicating all building construction and land
improvements, including landscape treatments and related information as required by this
Ordinance. Also defined as the Site Development Plan Ordinance, Town of Warrenton,
Virginia, December, 1970.

Small equipment sales and/or service operations: A commercial enterprise devoted to the
repair and sales of small scale motorized equipment for residential or commercial activities, such
as lawn mowers and power tools.

Special Exception: (see Special Use Permit)

Special Use Permit: A permit for a use that, owing to some special characteristics attendant to
its operation, installation, or relation to the neighborhood, is permitted in a district, subject to
Town Council or BZA approval, in accordance with the provisions of Article 11 of this
Ordinance. Special Use Permits are subject to special requirements and/or conditions that may

12 - 51 Updated December 2017XXX, 2018

be imposed by the Council or BZA, respectively, different from those usual requirements for the
district in which the special use in located.

Specifications: A detailed, precise presentation of the materials and procedures to be employed

in the construction of all physical improvements required by the ordinance applicable in the
Town of Warrenton, Virginia.

Specimen tree: Any tree that has been individually designated by the local governing body to be
notable by virtue of its outstanding size and quality for its particular species.

Square: Land open to the general public for passive recreational use that contains paved
pedestrian plazas, lawns, shade trees and/or landscaped areas. Paved pedestrian plazas may
cover up to 90% of the square. Squares may be publicly owned or owned in common by a
property owners association. Squares are not required to be square or rectangular in shape.

Steep Slope: A slope exceeding twenty-five (25) percent grade.

Storage yards: A yard area in which materials, equipment and/or vehicles used for
construction, excavating or similar activities are stored, kept and/or maintained. Storage yards
may be partially covered, enclosed or screened.

Stormwater Management:

Adequate Channel: For manmade channels, the ten-year frequency storm is used to verify
that stormwater will not overtop the channel banks and the two-year storm is used to
demonstrate that stormwater will not cause erosion to the channel bed or banks (definition
from the Erosion and Sediment Control Regulations). For natural channels capable of
conveying the runoff from a two-year storm without overtopping its banks or eroding the
channel lining, or without causing flooding of structures from the 100-year storm event.

Applicant/Developer: Any person, his Agent, or his assigns submitting a stormwater

management plan for approval.

BMP Handbook: Best Management Practices Handbook

Channel: An elongated depression having a definite bed and bank which serves to confine
the flow of water.

12 - 52 Updated December 2017XXX, 2018

Conduit: A general term for any open or enclosed facility intended for the conveyance of
water.

Control Section: A section or a reach of a conduit where conditions exist that make the
water level stable. A control section may be partial or complete. A complete control
section is independent of downstream conditions and is effective at all stages. An overflow
dam or rock ledge crossing a channel are examples. Control sections may be either natural
or artificial.

Culvert: A closed conduit carrying water under a highway, railroad, or other embankment.
A culvert 'is distinguished from a bridge by generally having the same material all around
its perimeter, and having a regular, symmetrical shape.

Debris: Any material, including floating trash or suspended sediment moved by a flowing
stream.
Deter: The practice of containing standing water for a brief time after a surface water
runoff event for the purpose of reducing peak runoff rates and/or for removing pollutants.
Detention may be achieved in facilities that are normally dry (detention ponds).

Development: 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 two or more residential dwelling units.

Discharge:

(a) The quantity of water, silt, or other mobile substances passing along a conduit per
unit of time: rate of flow expressed as cubic feet per second, liters per second, million
of gallons per day, etc.
(b) The act involved in water or other liquid passing through an opening or along a
conduit or channel.
(c) The water or other liquid which emerges from an opening or passes along a conduit
or channel.

Ditch: An artificial channel.

Flood Routing: Determining the changes in the rise and fall of floodwater as it proceeds
downstream along a drainageway, including the effects of structures.

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Frequency of Storm: The anticipated period in years that will elapse, based on average
probability of storms in the design region, before a storm of a given intensity and/or total
volume will recur. A 10-year storm can be expected to occur on the average of once every
10 years.

Impervious: Condition of a material that prevents significant percolation.

Infiltration Facility: A stormwater management facility which temporarily impounds

runoff and discharges it via infiltration through the surrounding soil. While an infiltration
facility may also be equipped with an outlet structure to discharge impounded runoff, such
discharge is normally reserved for overflow and other emergency conditions. Since an
infiltration facility impounds runoff only temporarily, it is normally dry during non-rainfall
periods.

Land Development or Land Development Project: A manmade change to the land surface
that potentially changes its runoff characteristics.

On site Stormwater Management Facilities: Facilities which are designed to control

stormwater runoff emanating from a specific site.

Peak Discharge: The maximum instantaneous flow from a given storm condition at a
specific location.
Post-development Runoff: Conditions that may reasonably be expected or anticipated to
exist after completion of the land development activity on a specific site or tract of land.

Predevelopment Runoff: Conditions that exist at the time that plans for a land development
activity are approved by the plan approval authority. For staged development, the first item
approved or permitted shall establish the time at which predevelopment conditions are
fixed. In the case of land development by governmental agencies, the initiation of land
acquisition shall establish the time at which predevelopment conditions are fixed.

Regional Watershed-Wide Stormwater Management Facility or Regional Facility: A

facility or series of facilities designed to control stormwater runoff from a large
contributing area, although only portions of the watershed may experience land
development.

Storm Sewer: A sewer that carries only stormwater, drainage and other surface water, but
not domestic sewage or industrial wastes. A storm sewer system consists of underground
conduits, inlets, manholes, open channels, swales and special appurtenances.

12 - 54 Updated December 2017XXX, 2018

 Stormwater Detention Basin or Detention Basin: A stormwater management facility which
temporarily impounds runoff and discharges it through a hydraulic outlet structure to a
downstream conveyance system. While a certain amount of outflow may also occur via
infiltration through the surrounding soil, such amounts are negligible when compared to the
outlet structure discharge rates and are, therefore, not considered in the facility's design.
Since a detention facility impounds runoff only temporarily, it is normally dry during non-
rainfall periods.

Stormwater Drainage System: A system of conduits and associated structures used to

collect and convey runoff.

Stormwater Management Facility: A device that controls stormwater and changes the
characteristics of runoff including, but not limited to the quantity and quality, the period of
release, or the velocity of flow.

Time of Concentration: The time it takes for runoff to travel from the most hydraulically
distant part of the watershed to a point of reference, (i.e. basin outlet, drop inlet, etc.)

Town: The Town of Warrenton.

Watershed: The total drainage area contributing runoff to a single point.

Watercourse: Any naturally occurring, constant or intermittent, surface water and its
associated banks, bed, and floodplains.

Story: That portion of a building, other than the basement, included between the surface of any
floor and the surface of the floor next above it. If there be no floor above it, the space between
the floor and the ceiling next above it.

Story, Half: A space under a sloping roof, which has the line of intersection of roof decking and
wall face not more than three (3) 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: A strip of land subject to vehicular and/or pedestrian traffic providing means of access to
property; also designated as road, lane, drive, avenue, right-of-way, highway, boulevard, trail,
court, place, terrace, etc. (see Street, Public)

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Street, Arterial: A highway utilized primarily as a supplement to, and an extension of, the
interstate highway system, defined in the Virginia State Highway Commission Standards as an
arterial highway. A minimum right-of-way of one hundred twenty (120) feet is required and
carrying capacity is in excess of eight thousand (8,000) vehicles per lane per day.

Street, Collector: Any existing or future street shown as a collector street on the adopted
Comprehensive Plan or that carries a volume of through traffic between four hundred (400) and
three thousand (3,000) vehicles per day.

Street, Interstate: A thoroughfare utilized to carry interstate traffic with a minimum

right-of-way of three hundred (300) feet in rural area and carrying capacity in excess of fifteen
hundred (1,500) vehicles per lane per hour.
Street, Line: The dividing line between a street or road right-of-way and the contiguous
property.

Street, Local: A street that carries or is anticipated to carry a volume of traffic less than four
hundred (400) vehicles per day, the right-of-way of which shall not be less than fifty (50) feet.

Street, Primary Thoroughfare: A street that carries or is anticipated to carry a volume of

traffic exceeding three thousand (3,000) vehicles per day, the right-of-way of which shall not be
less than seventy (70) feet, and should, where feasible, have a minimum right-of-way of ninety
(90) feet.

Street, Private: A local or collector street constructed to Town and State standards or the
equivalent thereto, guaranteed to be maintained by a private corporation by means of a covenant,
deed, and easement acceptable to the Town of Warrenton. Such streets shall have guaranteed
public vehicular access.

Street, Public: All public property reserved or dedicated for street traffic, improved to the
standards set by the Town of Warrenton or the Virginia Department of Transportation. The lot
frontage and setback requirements of this ordinance refer to the public street.

Street, Secondary Collector: A street that carries or is anticipated to carry a volume of

through-traffic exceeding four hundred (400) vehicles per day, the right-of-way of which shall
not be less than fifty (50) feet nor more than ninety (90) feet depending upon existing or
anticipated traffic volume.

12 - 56 Updated December 2017XXX, 2018

Street, Service Drive: A public right-of-way generally parallel with and contiguous to a major
highway. Primarily designed to promote safety by eliminating pernicious ingress and egress to
the major safe and orderly points of access to the major highway.

Street, Width: The total width of the strip of land dedicated or reserved for public travel
includes roadway, curb and gutter, sidewalks, planting strips, and where necessary, utility
easements.

Structure: Anything constructed or erected, the use of which requires permanent location on
the ground, or attachment to something having a permanent location on the ground. This
includes, among other things, dwellings, buildings, signs, fences, walls, etc., but not private
driveways.

Studios for artists, photographers, and sculptors: A work space for the creation of artworks,
photography and related or similar activities.

Studios and trade schools: A work space for the conduct, teaching and/or practice of artist or
business trades.

Subdivide: To divide any tract, parcel, or lot of land into two (2) or more parts for the purpose
of transferring ownership of any part or for the purpose of building development of any sort.
The term "subdivide" includes the term "resubdivide" and when appropriate to the context shall
relate to the process of subdividing.
Substations: An appurtenant structure for collecting, processing or distributing a public utility
commodity, including electric substations but not including any part of a water or sewer system.

Surveyor, Land: An individual who is certified and licensed by the Commonwealth of Virginia
and who is registered with the State Department of Professional and Occupational Registration
as a "registered land surveyor."

Taxicabs stands: An office, kiosk or other station at which taxis are dispatched.

Taxidermist: A person who prepares animal carcasses for ornamental display.

Tea Room: A room or rooms within a private residence, where teas, other beverages, and
food products are provided for compensation. The operator of the facility shall live on the
premises.

12 - 57 Updated December 2017XXX, 2018

Temporary family health care structure: A transportable residential structure, providing an
environment facilitating a caregiver's provision of care for a mentally or physically impaired
person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited
to one occupant who shall be the mentally or physically impaired person, (iii) has no more than
300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building
Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing
the temporary family health care structure on a permanent foundation shall not be required or
permitted.

Theaters: A building, structure or place designed or used primarily for the commercial
exhibition of motion pictures to the general public or used for the performance of plays, acts,
dramas or musical productions by actors, actresses and/or musicians.

Tire recapping and retreading: A business which re-caps and/or re-treads motor vehicle tires.

Tourist Home: A dwelling where only lodging is provided for compensation for up to five (5)
persons (in contradistinction to hotels and boardinghouses) and open to transients.

Town Engineer: The person designated to serve in this capacity by the Town Manager.

Townhouse: (see Dwelling, Townhouse).

Town Manager: The duly appointed Town Manager of Warrenton, Virginia.

Transitional Housing: The housing is designed to provide temporary housing for not
more than four (4) unrelated persons for a maximum of six months. Transitional housing and
counseling services shall be provided by a coalition of churches and/or human service
organizations. A house coordinator must reside on the premises, and a substitute house
coordinator shall be on the premises if the house coordinator is away from the residence for more
than one day.

Transmission Line, Major: A main trunk line that carries electricity, telecommunications
signals or other similar items, and connects to one or more smaller lines that provide the service
to specific customers.

Transmission and receiving towers: Any structure used for the purpose of supporting one (1)
or more antennas or microwave dishes, including self-supporting lattice towers, guy towers, or
pole towers. The term includes radio, television and telephone transmission towers, alternative

12 - 58 Updated December 2017XXX, 2018

antenna support structures such as buildings and rooftops, and other existing support structures,
including monopoles. Additional definitions include:

(1) Alternative Tower Structure: Man-made trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or conceal the presence of
antennas or towers.
(2) Antenna: Any exterior apparatus designed for telephone, radio, or television
communications through the sending and/or receiving of electromagnetic waves,
provided that this definition shall not be interpreted to include an antenna that is designed
to receive direct broadcast satellite service, including direct-to-home satellite services,
that is one (1) meter or less in diameter; or an antenna that is designed to receive video
programming services via multipoint distribution services; including multi-channel,
multipoint distribution services, instructional television fixed services, and local
multipoint distribution services, and that is one (1) meter or less in diameter or diagonal
measurement; or an antenna that is designed to receive television broadcast signals.
(3) FAA: The Federal Aviation Administration.
(4) FCC: The Federal Communications Commission.
(5) Height: When referring to a tower or other structure, the distance measured from
ground level to the highest point on the tower or other structure, even if said highest point
is an antenna.
(6) Telecommunication Facility: Any structure used for the purpose of supporting one (1) or
more antennas or microwave dishes, including self-supporting lattice towers, guy towers,
or pole towers. The term includes radio and television transmission towers, alternative
antenna support structures such as buildings and rooftops, and other existing support
structures.
(a) Telecommunication Facility, Freestanding: A structure that stands alone
for the sole purpose of supporting antennas, dishes and other such
telecommunications equipment.
(b) Telecommunication Facility, Attached: A structure or building whose
main purpose is to support or house other uses, and to which antennas,
dishes and other such telecommunications equipment is attached so as to
avoid constructing a freestanding tower.

Travel Lane: Space specifically designated and reserved on the site for the movement of
vehicular traffic.

Travel Trailer: A mobile unit less than twenty-nine (29) feet in length and less than four
thousand five hundred (4,500) pounds in weight which is designated for temporary human
habitation.

12 - 59 Updated December 2017XXX, 2018

Treatment Plant: The central facility for treatment and purification of water or wastewater, as
part of a public water or sewer system owned and operated by the Town or other government
entity, or by an approved private operator to serve a community area.

Tree canopy; tree cover: Includes all areas of coverage by plant material exceeding five feet in
height and the extent of planted tree canopy at 10 or 20 years maturity, based upon the following
published reference:
Manual of Woody Landscape Plants: Their Identification, Ornamental Characteristics, Culture,
Propagation and Uses by Michael A. Dirr (or equivalent professional publication).

Tree, Canopy: A deciduous tree that normally exceeds thirty (30) feet in height at maturity, and
is shown on the list of species in Article 8 of this Ordinance.

Tree, Ornamental: A tree that normally does not exceed thirty (30) feet in height at maturity,
and is shown on the list of species in Article 8 of this Ordinance.

Tree Protection Zone: An area that is radial to the trunk of a tree in which no construction
activity shall occur. The tree protection zone shall be fifteen (15) feet from the trunk of the tree
to be retained, or the distance from the trunk to the dripline, whichever is greater. Where there
are a group of trees or woodlands, the tree protection zone shall be the aggregate of the
protection zones for the individual trees.

Truck sales and service repair garages: A business which sells trucks and/or which provides
repair and maintenance services for trucks.

Use: Activity proposed for any portion or part of a parcel, tract, or lot.

Use, Accessory: (see Accessory Use).

U.S.G.S.: U.S. Geological Survey.

U.S.C. & G.S.: U.S. Coast and Geodetic Survey.

Utility: (1) A system of facilities provided by any agency which, under public franchise or
ownership, or under certificate of convenience and necessity, provides the public with electricity,
gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar
service; (2) A closely regulated private enterprise with an exclusive franchise for providing a

12 - 60 Updated December 2017XXX, 2018

public service; (3) the component parts of such facilities, including poles, wires, transformers,
underground pipelines or conduits. Treatment plants are defined as separate items.

Variance: A variance is a relaxation of the terms of the Zoning Ordinance where such variance
will not be contrary to the public interest and where, owing to conditions peculiar to the property
and not the result of the actions of the applicant, a literal enforcement of the Ordinance would
result in unnecessary and undue hardship.

Vehicular Use Area: The entire paved area that encompasses all parking spaces, loading areas,
stacking spaces, and the access drives that provide access to those spaces but that does not
include the entry drive or driveway with no direct access to a parking space, stacking space, or
loading space.

Vending Machine: An automated device for the sale of goods, typically snacks, beverages and
the like.

Vending Gallery: A building or structure containing multiple vending machines.

Veterinary Hospital: A place where animals or pets are given medical or surgical treatment
and the boarding of animals is limited to short-term care incidental to the hospital use.

Video Game Gallery: (see Amusement Arcade)

Visitor Center: A facility established for the purpose of disseminating information about the
Town, County of Fauquier or the region. The facility may provide an interpretative area, and
small auditorium for visitors or tourists.

Warehouse: A building used primarily for the storage of goods and materials.

Wall: A structure which serves to enclose or subdivide a building, usually presenting a

continuous surface except where penetrated by doors, windows, and the like.

Wall, Retaining: A wall constructed to support soil or sub-surface structures.

Water Storage Tank: An enclosed structure used for the storage of water for distribution.

Water and Sewer Systems: (see Public water and sewer systems)

12 - 61 Updated December 2017XXX, 2018

Wayside Stand, Roadside Stand, Wayside Market: Any structure or land used for the sale of
agricultural or horticultural produce, livestock, or merchandise produced by the owner or his
family on their farm.

Wholesale Establishments: A business and its premises where goods are sold on a bulk basis to
distributors and direct sales to the general public are limited. Wholesale establishments are also
characterized by the use of trucks for delivery or pick-up of goods sold.

Woodland: An area comprising one (1) or more acres of wooded land where the largest trees
have at least a six (6) inch caliper, or a grove of trees forming one (1) canopy where ten (10) or
more trees have at least eight (8) inch calipers.

Yard: An open space on a lot other than a court, unoccupied and unobstructed from the ground
upward, except as otherwise provided herein.

Yard, Front: An open space on the same lot as a building between the nearest front line of the
building (exclusive of steps) and the front lot or street line, and extending across the full width of
the lot.

Yard, Rear: An open unoccupied space on the same lot as a building between the nearest rear
line of the building (exclusive of steps) and the rear line of the lot, and extending the full width
of the lot.

Yard, Sale: Use of the premises of a residential dwelling for general sales of a temporary
nature, open to the public with the purpose of disposing of personal, family, or household goods
or articles. The term yard sale includes but is not limited to activities known as garage sales,
porch sales, backyard sales, and moving sales.

Yard, Side: An open unoccupied space on the same lot as a building between the nearest side
line of the building (exclusive of steps) and the side line of the lot, and extending from the front
yard line to the rear yard line.

Zero Lot Line: The location of a building on a lot in such a manner that one (1) or more of the
building's sides rests directly on a lot line. The side(s) of the building resting on the line
typically does not include windows.

Zoning Administrator: A Town employee designated to serve in this capacity by the Town
Manager.

12 - 62 Updated December 2017XXX, 2018

Zoning Ordinance: The Zoning Ordinance of the Town of Warrenton, Virginia.

12 - 63 Updated December 2017XXX, 2018

 Article 12 Definitions

Amended by Town Council: February 12, 2013

June 14, 2016
August 9, 2016
XXX, 2018

For the purpose of this Ordinance, certain words and terms are used in a limited or special sense
as defined herein. Words used in the present tense include the future; the singular number
includes plural and the plural singular; the word "structure" includes "building"; the word "used"
includes arranges, designed, constructed, altered, converted, rented, leased, or intended to be
used; and the word "shall" is mandatory and directory.

Any word, term or phrase used in this ordinance not defined below shall have the meaning
ascribed to the word in the most recent edition of Webster’s Unabridged Dictionary, unless in the
opinion of the Zoning Administrator, established customs or practices of the Town of Warrenton
justify a different or additional meaning.

A|B|C|D|E|F|G|H|I|J|K|L|M|N|O|P|R|S|T|U|V|W|Y|Z

Abutting: Having a common border with, or being separated from such a common border by a
right-of-way, alley, or easement.

Abandoned Motor Vehicle: A motor vehicle, trailer, or semi-trailer or part of a motor vehicle,
trailer, or semi-trailer that is inoperable and is left unattended on public property, other than an
interstate highway or primary highway, for more than forty-eight hours.

Accent: Giving prominence to one or more elements of site design.

Accessory building: (see Accessory Structure)

Accessory Dwelling Unit: A subordinate dwelling unit in a main building or accessory building
for use as a complete, independent living facility with provision within the accessory dwelling
for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main
dwelling.

Accessory Structure: A subordinate structure customarily incidental to and located upon the
same lot occupied by the main use or building, including, but not limited to, private garage,
carport, parking space other than for residential, swimming pool, tennis court, storage or utility
building, decks, balconies, porticos, porches, temporary healthcare structures, and living quarters

12 - 1 Updated XXX, 2018

for household employees or caretakers. Accessory structures can be attached or detached,
depending upon their use and construction.

Accessory Use: A use clearly incidental and subordinate to, and on the same lot as, a principal
use. (also see Accessory Dwelling Units; Home Occupation).

Acre: A unit of land measure containing 43,560 square feet.

Acreage: A parcel of land, regardless of area, described by metes and bounds which is not a
numbered lot on any recorded subdivision plat.

Active Recreation: (see Recreation, Active)

Active Recreation Area or Facilities: (see Recreation Area or Facilities, Active)

Administrator or Agent: (see Zoning Administrator).

Agriculture: The tilling of the soil, the raising of crops, non-intensive livestock, horticulture,
and forestry, but not including any agricultural industry or business, such as packing plants,
dairies, mills, kennels, commercial stables, intensive agriculture as defined herein, or similar
uses.

Agriculture, intensive: The raising, breeding and keeping of animals in concentrated, confined
conditions, which may include such operations as swine, veal, sheep; houses and pens for poultry
or other fowl; feed lots for beef, dairy cattle, swine, sheep and other animals; livestock markets
and pet farms.

Agricultural pen: (see Animal Kennel)

Alley: A permanent service way, with a minimum width of twenty (20) feet, providing a
secondary means of vehicular access to an abutting property, and not intended for general traffic
circulation.

Alteration: Any change, addition, or modification in the total floor area, use, adaptability, or
external appearance of an existing structure.

Amusement Arcade: A building or part of a building in which five or more pinball machines,
videogames, or other similar player-operated amusement devices are maintained.

12 - 2 Updated XXX, 2018

Animal Hospital or Clinic: Establishment where treatment is received and no activity is
conducted outside the main building. Kennels are not by definition included.

Animal Kennel: An establishment licensed to operate a facility housing dogs, cats, or other
household pets and where grooming, breeding, boarding, training, or selling of animals is
conducted as a business.

Animal Kennel, Private: Any building, buildings, or land designed or arranged for the care of
more than three dogs or more than three cats belonging to the owner of the principal use, kept for
the purposes of show, hunting, or as pets.

Apartment House: A residential building located on a single lot used or intended to be used as
the residence of three (3) or more families living independently of each other, typically sharing a
common entrance and hallway for access to individual units, not including row or townhouses
(also see Dwelling: Multifamily).

Apartment: A single dwelling unit typically sharing a common entrance and hallway for access
within an Apartment House or within a larger, mostly non-residential structure.

Applicant-Owner: An individual, corporation, proprietor, trust, trustee, joint venture,

partnership, or other entity having legal title to any tract of land or parcel of land to be
developed, whether or not they have given their power of attorney to one of their group, or
another individual or entity to act on their behalf in planning, negotiation, or in representing or
executing the requirements of the ordinances of the Town of Warrenton.

Appraiser: A person who earns his livelihood from the appraisal of real property, as contrasted
with the selling of property, and who meets the standards for membership in the American
Institute of Real Estate Appraisers.

ARB: Architectural Review Board

Arborist or "urban forester": a person trained in arboriculture, forestry, landscape

architecture, horticulture, or related fields and experienced in the conservation and preservation
of native and ornamental trees.

Arborist, Certified: An arborist who is certified by the International Society of Arboriculture.

12 - 3 Updated XXX, 2018

Architect: A person who is recognized by the Commonwealth of Virginia and who is registered
with the State Department of Professional and Occupational Registration, or registered with a
like body in another state, as a licensed architect.

Architectural Unit: A visually distinct mass that is part of a larger structure or a collection of
structures and is either near the other structures or may be attached by a smaller enclosed
structural element such as a gallery, an arcade or other such element.

Area, Gross Leasable: Inside square footage of a building including retail, wholesale, and
storage space, exclusive of halls, closets, elevator shafts, toilets, etc., and any outside display.

Assembly Hall: A building or part of a building intended and designed for the conduct of
meetings, presentations, and the like.

Assisted Living Facility: A place, establishment, or institution, operated for the maintenance or
care of four or more adults who are aged, infirm, or disabled and who are cared for in a primarily
residential setting, in accord with § 63.2-100 of the Code of Virginia. The level of service
provided for these adults shall include at least moderate assistance with the activities of daily
living.

Atrium House: A one-story, single-family, attached dwelling shaped to surround or partly

surround a private open space called an atrium, it being a type of townhouse unit (also see
Townhouse).
Attached Accessory Structure: An attached subordinate structure customarily incidental to and
located upon the same lot occupied by the main use or building, including but not limited to a
private garage, carport, balcony and deck.

Automobile body shop: A business limited to the repair and reconstruction of the exterior
shells of automobiles and light trucks, including sanding, painting, and refinishing; but may also
include frame, engine and other mechanical work in the repair of a vehicle.

Automobile Graveyard: Any lot or place which is exposed to the weather upon which more
than five inoperable motor vehicles of any kind, are placed.

12 - 4 Updated XXX, 2018

Automobile Sales: On-site sales, conducted on a regular or ongoing basis as a commercial
enterprise, either retail or wholesale , of automobiles and/or light trucks and vans, but not heavy
trucks or equipment.
Awning: A structure made of cloth, metal, or other material affixed to a building in such a
manner that the structure may be raised or retracted to a flat position against the building, but not
including a canopy or marquee.

Banks and Savings and Loan Offices: The retail offices of financial services institutions
providing walk-in service to customers. Drive-through facilities are a separately designated and
regulated component.

Basement: 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 by other than a janitor employed on the premises.

Bed and Breakfast Facility: A private residence, or portion thereof, where short-term lodging
is provided for compensation (no longer than 14 consecutive days) and meals may be provided,
to guests only. The operator of the facility shall live on the premises or in an adjacent premises
on the same lot. Up to four (4) guest rooms without cooking facilities may be provided. [also see
Tourist Home; also see Inn]

Bedroom: A room in a dwelling unit planned and intended for sleeping, separable from other
rooms by a door.

Berm: A continuous bank of earth designed and placed to block or partially obscure elements of
a site (such as a parking area) or of a building (such as a loading dock). Berms typically range in
height from two (2) to six (6) feet, with width-to-height ratios of from 2:1 to 5:1. Berms are
often used in combination with shrubbery and trees.

Block: That land abutting on one side of a street extending to the rear lot lines (or, for parcels of
land extending through to another street, to a line midway between the two streets) and lying
between the nearest intersecting and intercepting streets and boundary of any railroad
right-of-way, park, school ground, or unsubdivided acreage or center line of any drainage
channel twenty (20) or more feet in width.

Boardinghouse: A building that is the primary residence of the owner where meals and lodging
are provided, for compensation, on a permanent basis for up to ten (10) individuals not related by
blood, marriage, or adoption to the owner.

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Broadcasting Station: The studios and/or facilities for radio or television broadcasting.

Buffer, Buffer Yard: A landscaped area intended to separate and partially obstruct the view of
two (2) adjacent land uses or properties from one another or from the roadway or to block noise
or other nuisances; land areas reserved for the purpose of providing screening and separation
from adjacent, different land uses.

Building: A structure having one (1) or more stories and a roof, designed primarily for support
and shelter of persons, animals, or property of any kind. When a structure is divided into
separate parts by fire walls, each having separate plumbing, electrical, heating, drainage, and
ventilation, each part so divided shall be deemed a separate structure.

Building Area: The area of the horizontal section of the buildings taken at their greatest outside
dimensions on the ground floor including all attached structures and covered porches.

Building, Governmental: Any building owned by, operated by and/or leased to a government
agency, except utilities, which are defined separately.

Building, Height of: The vertical distance measured from the level of the curb or the
established curb grade opposite the middle of the front of the structure to the highest point of the
roof if a flat roof; to the deck line of a mansard roof; or to the mean height level between the
eaves and ridge of a gable, hip, or gambrel roof. For buildings set back more than ten (10) feet
from the street line, the height shall be measured from the average elevation of the ground
surface along the front of the building.

Building Line: The line which establishes the distance of a structure from any lot boundary
line.

Building, Main: The principal structure or one of the principal buildings on a lot, or the
building or one of the principal buildings housing the principal use on the lot.

Building Official: The official appointed by the Town Manager to administer and enforce the
Building Code.

Building, Public: (see Building, Governmental)

Business and Professional Office: A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or clerical operations.

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Business and office supply establishments: Retail or wholesale distribution of office materials,
goods and small equipment.
C – District (Commercial District): Any zoning district beginning with "C", and
predominantly providing for commercial uses.

Cabinet, upholstery, and furniture shops: A business limited to the production, repair or
refinishing of cabinets, furniture and related household items.

Cable television facilities: Offices, studios and other facilities of a cable television business.

Cafeteria: A commercial eating facility in which patrons choose food items along a self-service
line rather than through table service.

Caliper: A measurement of the diameter of a tree trunk taken at four and one-half feet above the
soil line. Also known as diameter at breast height (DBH).

Canopy: A structure, other than an awning, made of cloth, metal, or other material which may
be a standalone structure or totally or partially attached to a building for the purpose of providing
shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a
completely enclosed structure and cannot be raised or retracted.

Capital Improvement Plan: A plan outlining the nature, location, costs, funding, and timing of
future capital expenditures for community facilities such as streets, sidewalks, drainage facilities,
water and wastewater lines and treatment facilities, parks, public buildings, and required
property.

Car Port: A structure attached to a dwelling unit, open on at least one (1) side, designed for the
parking and storage of vehicles by the residents of the dwelling and their guests.

Car Wash: A building or area of land that provides facilities for washing and cleaning motor
vehicles, which may use production line methods with a conveyor, blower, or other mechanical
devices, and which may employ some hand labor.

Car wash, Self-service: A building or area of land that provides facilities for patrons to wash
and cleaning their motor vehicles by hand and/or with light equipment such as hoses and
vacuums.

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Caregiver: An adult who provides care for a mentally or physically impaired person within the
Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the
legally appointed guardian of the mentally or physically impaired person for whom he is caring.

Carnival: An amusement show, usually traveling from place to place, containing rides, side
shows, and other forms of entertainment.

Cellar: A story having more than one-half of the height below grade.

Cemetery: A place where lots are sold for the burial of the dead.

Centerline: The midpoint of the width of a highway or right-of-way.

Child: Any person under eighteen (18) years of age.

Channel Letters: A sign that consists of custom-made metal or plastic that are covered in a
translucent plastic material, often internally illuminated. The space between the letters is not part
of the sign structure but rather the building façade though the space may count toward the sign
area depending on how the letters are grouped and calculated in accordance with Section Error!
Reference source not found..

Child Care Center: A facility operated for the purpose of providing care, protection, and
guidance to a group of four (4) or more children separated from their parents or guardians during
part of the day only, and meeting the licensing requirements for child care centers of Section
63.1-196 of the Code of Virginia, 1950, as amended.

Church (or place of religious worship): A building or structure, or group of buildings or

structures, which by design and construction are primarily intended for activities that people
regularly attend to participate in or hold religious services, meetings, and other activities. The
term "church" shall not carry a secular connotation and shall include buildings in which religious
services of any denomination are held.

Civic Group: A non-profit group or organization which meets regularly in the Town or which
has "Warrenton" or a Town location in its name, and which has demonstrated service to the
Town, in the determination of the Zoning Administrator. (also see “non-profit organization”)

Clear-cutting: The indiscriminate removal of trees, shrubs, or undergrowth with the intention
of preparing real property for nonagricultural development purposes. This definition does not
include the selective removal of non-native tree and shrub species when the soil is left relatively
undisturbed; removal of dead trees and shrubs; or normal mowing operations.
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Cleaning and Pressing Shop: (see Laundry)

Clerk: The Clerk of the Circuit Court of Fauquier County having jurisdiction in the Town of
Warrenton.

Clinic: A building designed and used for the diagnosis and treatment of human patients that
does not include overnight care facilities. This definition includes a group practice in which
several licensed medical, dental or health care professionals work cooperatively.

Club: Buildings and/or facilities owned and operated by a corporation, association, or persons,
which serves as a gathering place for a group of individuals organized for a common purpose to
pursue common goals, interests, or activities and characterized by certain membership
qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.

Club, Swim or Tennis: A private club with swimming and/or tennis facilities, indoor or
outdoor.

Cluster Development: A residential development design technique that concentrates buildings

in specific areas on a site to allow the remaining land to be used for recreation, common open
space, and preservation of environmentally sensitive areas or historic and cultural resources.

COA: Certificate of Appropriateness

Coherence: Logically consistent arrangement of interdependent elements of a site plan or

architectural design.
Commercial Nurseries and Greenhouses: An area or establishment for the propagation,
growing, or selling of nursery stock for gardens, grounds, and yards. Such stock may include
trees, plants, shrubs, and vines. Landscape contracting of nursery stock shall be permitted as a
use.

Commercial Recreation, Indoor: Any enclosed or semi-enclosed establishment operated as a

commercial enterprise (open to the public for a fee) for the following activities: games and
athletics, bowling, billiards or pool, darts, bingo, slot cars, hard and soft courts, miniature golf,
golf driving nets, cultural activities, martial arts, archery, roller or ice skating, skateboarding,
swimming, and activities incidental to the foregoing.

Commercial Recreation, Outdoor: Any outdoor establishment operated as a commercial

enterprise (open to the public for a fee) for the following activities: games and athletics, batting

12 - 9 Updated XXX, 2018

and pitching cages, darts, hard and soft courts, miniature golf, radio-controlled vehicles and
airplanes, pony rides, waterslides, cultural activities, martial arts, archery, camping, roller or ice
skating rinks, skateboarding, picnicking, boating, fishing, swimming, golf driving ranges, and
activities incidental to the foregoing, but not including amusement rides, amusement parks,
theme parks or motor vehicle race tracks.

Commercial Use: An occupation, employment, or enterprise that is carried on for profit by the
owner, lessee, or licensee.

Commission, the: The Planning Commission of Warrenton, Virginia.

Communications Towers: (see Transmission and Receiving Towers)

Community Building: A building and associated facilities and area, usually owned by a public
nonprofit group or agency, used for and providing fraternal, social, and/or recreational programs
generally open to the public and designed to accommodate and serve significant segments of the
community.

Comprehensive Plan: Maps, charts, and descriptive matter officially adopted by the Warrenton
Town Council showing, among other things, recommendations for the most appropriate use of
land; for the most desirable density of population; for a system of thoroughfares, parkways and
recreation areas; for the general location and extent of facilities for water and sewer; and for the
general location, character and extent of community facilities.

Complex: A grouping of buildings or architectural elements on a single site or tract.

Condominium: A building or group of buildings in which units are owned individually and the
structure, common areas, and facilities are owned by all the owners on a proportional, undivided
basis.

Conference Center: A facility designed for conducting large or small group meetings. Such
facilities may include overnight accommodations or short term lodging (not longer than fourteen
(14) consecutive days), food preparation and service, entertainment, social or charitable events,
and recreational facilities.

Conservation Easement: An easement granting a right or interest in real property that is

appropriate to retaining land or water areas and their structures in their built, natural, scenic,
open, or wooded condition, or for the purpose of maintaining existing land uses.

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Construction Standards: Specifications and standards as adopted by or applicable in the Town
of Warrenton relating to the construction of all physical improvements.

Convalescent Home: (see Nursing Home).

Convenience Retail: Any retail establishment offering for sale prepackaged food products,
household items, and other goods commonly associated with the same and having a gross floor
area of less than five thousand (5,000) square feet.

Convenience store: (see Convenience Retail)

Council: The Town Council of Warrenton, Virginia.

Covenant: A formal agreement of legal validity between two (2) or more parties outlining
restrictions, rights, or responsibilities concerning the use of property or structures.

Crematory: A building containing a furnace for reducing dead bodies, either animal or human,
to ashes by burning.

Critical Root Zone (CRZ): An area which must be preserved in order to ensure protection and
survival of a tree; a minimum of one foot per inch of caliper (defined herein as the diameter at
breast height).

Cul-de-sac: A street with only one (1) outlet having an appropriate turn-around area for a safe
and convenient reverse of traffic movement.

Dairy: A commercial establishment for the manufacture and sale of dairy products.

Day Care Center: (see Child Care Center and Family Day Care Home).

Deciduous: Any tree or shrub that loses its leaves during the winter season.

Deck: An exterior, roofless, floor system supported on at least two opposing sides by an
adjoining dwelling/structure and/or posts, piers or other independent supports.

Density: The number of dwelling units per acre of land.

Density Bonus: An additional increment of density allowable on a site in return for a specified
public good, as provided in this ordinance.

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Density, Gross: The number of dwelling units per gross acre of land on the site or lot.

Density, Net: The number of dwelling units per net acre of land (gross site or lot area less
floodplain, steep slopes and other unbuildable areas).

Detention Facility: A facility which serves the purpose of collecting and retaining rainfall
falling on a site for controlled release to primary storm water management facilities as a result of
land alteration activities.

Developer or Subdivider: An individual, corporation, proprietor, trust, trustee, joint venture,

partnership, or other entity having legal title to any tract of land or parcel of land to be
developed, whether or not they have given their power of attorney to one of their group, or
another individual or entity to act on their behalf in planning, negotiation, or in representing or
executing the requirements of the ordinances of the Town of Warrenton.

Development: Any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, the placement of mobile homes, streets, and other paving,
utilities, filling, grading, excavation, mining, dredging, or drilling operations.

District: A section of the Town of Warrenton within which the zoning regulations are uniform;
Zoning District.

District, Base: A type of Zoning District established in this ordinance that specifies allowable
land uses and development intensities and requires a generally uniform group of land uses and
lot requirements and does not require a concept development plan in advance of zoning approval.

District, Regular: (see Base District)

District, Overlay: A type of Zoning District established in this ordinance that may be mapped
for a particular land area and functions as an additional set of zoning requirements in addition to
the zoning requirements of the underlying base district that applies to the tract.

District, Special: (see District, Overlay)

Drive-In Facility (same as “Drive-Through”): Any portion of a building or structure from

which customers can receive a service or obtain a product while in their motor vehicle.

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Driveway or Accessway: That space specifically designated and reserved on the site for
movement of vehicles from one location to another on site or from the site to a public street.

Drug Store: A retail establishment offering a variety of consumer goods with a licensed
pharmacist on staff for the purpose of dispensing prescription drugs.

Dustless Surface: A surface adequately covered in accordance with good construction practice,
with a minimum of either two (2) applications of bituminous surface treatment concrete, or
bituminous concrete approved by the Town, and to be maintained in good condition at all times.

Dwelling: Any structure, or portion thereof, which is designed for generally permanent
residential purposes, not including hotels, boardinghouses, lodging houses, tourist cabins, or
automobile trailers (also see “dwelling unit”).

Dwelling, Accessory: (see Accessory Dwelling Unit).

Dwelling, Duplex (two-family): Two (2) single-family attached dwellings.

Dwelling, Elderly and Handicapped: A building or portion thereof containing at least ten (10)
dwelling units and within which at least ninety (90) percent of all dwelling units are occupied by
or designed for occupancy by:

(a) Families of two or more persons the head of which (or his or her spouse) is 55 years of
age or over or is handicapped; or
(b) The surviving member or members of any family described in paragraph (a) living in a
unit within the building with the deceased member of the family at the time of his or her
death; or
(c) A single person who is 55 years of age or over, or a non-elderly handicapped person
between the ages of 18 and 55; or
(d) Two (2) or more elderly or handicapped persons living together, or one or more such
persons living with another person who is determined by a licensed physician's
certification to be essential to their care or well-being.

For the purpose of this definition Handicapped Person means any adult having an impairment
which is expected to be of an indefinite duration, is a substantial impediment to his or her ability
to live independently, and is of a nature that such ability could be improved by more suitable
housing conditions. A person also shall be considered handicapped if he or she is
developmentally disabled, i.e., if he or she has a disability attributable to mental retardation,
cerebral palsy, epilepsy, or another neurological condition closely related to mental retardation or

12 - 13 Updated XXX, 2018

to require treatment similar to that required for mentally retarded individuals, which disability
originates before such individual attains age eighteen, which constitutes a substantial handicap to
such individual.

Dwelling, Four-Family: A residential structure, occupying one lot, arranged or designed to be

occupied by four (4) families living independently of each other, generally with separate
entrances for each dwelling unit and common open space surrounding the structure.

Dwelling, Live-Work Unit: A residential structure, occupying one lot, with home business
quarters on the ground floor and occupant residential quarters on the upper floor or floors.

Dwelling, Mixed Commercial Use: A dwelling unit in a structure that is also designed and
used for commercial purposes. Access to the dwelling unit is separate from access to areas used
for commercial purposes and the unit is typically located in basements or upper stories with
commercial uses occurring at the street level of the structure.

Dwelling, Mobile Home:

Manufactured homes are also commonly referred to as “mobile homes” and differ from Modular
Homes as defined herein, in that they do not necessarily comply with BOCA or Virginia
Uniform Statewide Building Code standards. Three types are defined herein as follows:

Mobile (Manufactured) Home, Type A: A multi-sectional manufactured home

(“doublewide”) constructed after July 1, 1976, that meets or exceeds the Manufactured
Home Construction and Safety Standards, promulgated by the U.S. Department of Housing
and Urban Development.

Mobile (Manufactured) Home, Type B: A traditional single manufactured home

(“singlewide”) constructed after July 1, 1976, that meets or exceeds the Manufactured
Home Construction and Safety Standards, promulgated by the U.S. Department of Housing
and Urban Development.

Mobile (Manufactured) Home, Type C: Any manufactured home (“mobile home”)

constructed before July 1, 1976 and which consequently does not meet the criteria of a
Type A or Type B manufactured home as defined herein.

Dwelling, Modular: A dwelling unit constructed through use of large, prefabricated,

mass-produced, partially pre-assembled sections or modules which are subsequently put together

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on-site on a permanent foundation, and which meets the BOCA and Virginia Uniform Statewide
Building Code standards.

Dwelling, Multifamily: A residential structure arranged or designed to be occupied by more

than one (1) family living independently of each other, the structure having more than two (2)
dwelling units and generally 5+having a common entrance or hallway providing access to
dwelling units.

Dwelling, Single-Family, Attached: One (1) of two (2) or more residential buildings having a
common party wall separating dwelling units, each dwelling unit occupying a separate lot.

Dwelling, Single-Family, Detached: A structure arranged or designed to be occupied by one

(1) family, the structure having only one (1) dwelling unit.

Dwelling, Three-Family: A residential structure, occupying one (1) lot, arranged or designed to
be occupied by three (3) families living independently of each other, generally with separate
entrances for each dwelling unit and common open space surrounding the structure.

Dwelling, Triplex: A group of three (3) townhouse units.

Dwelling, Townhouse: A dwelling unit, occupying one(1) lot, attached by means of a common
vertical wall or walls, extending from the floor of the basement to the roof, to a series of similar
dwelling units, each of which has individual access from the outdoors and each of which
normally consists of two (2) or three (3) stories, situated on one (1) lot. The term "townhouse" is
inclusive of the terms "atrium house" and "patio house."

Dwelling, Two-Family: A single structure arranged or designed to be occupied by two (2)

families living independently of each other, with separate entrances for each dwelling unit and
common open space surrounding the structure.

Dwelling, Quadriplex: A group of four (4) townhouse units.

Dwelling Unit: One (1) or more rooms connected together in a structure designed for
occupancy as a separate living quarters, for owner occupancy, or rental or lease on a weekly,
monthly or longer basis, and physically separated from any other rooms or dwelling units which
may be in the same structure, and containing independent cooking, sleeping, and sanitary
facilities within the unit.

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Easement: A grant of one (1) or more of the property rights by the owner to, or for the use by,
the public, a corporation, or another person or entity.

Emergency Housing: The housing is designated to provide emergency housing for a maximum
of sixty (60) days. Emergency housing and related counseling services shall be provided by a
Fauquier County/Town of Warrenton recognized human service organization. A house
coordinator must reside on the premises, and a substitute house coordinator shall be on the
premises if the house coordinator is away from the residence for more than one day.

Employment service or agency: A public, non-profit or for-profit agency or business that

provides assistance in matching prospective employees with employers.

Engineer: A person who is recognized by the Commonwealth of Virginia and who is registered
with the State Department of Professional and Occupational Registration, or registered with a
like body in another state, as a "professional engineer."

Erosion and Sediment Control Definitions (reference Town’s Erosion and Sediment Control
Ordinance):

Applicant: 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.

Approved Plan: That plan approved by the Planning Director, by the issuance of a land
disturbing activity permit, which plan carries the permittee's proposed methodology for
controlling erosion, sedimentation, and storm water runoff resulting from the proposed
land disturbing activity.

Board: The Virginia Soil and Water Conservation Board.

Certified Inspector: Employees of the Town of Warrenton charged with on-site inspection
of erosion and sediment control devices employed via this Article and who (i) hold a
certificate of competence from the Board in the area of project inspection or (ii) is enrolled
in the Board's training program for project inspection and successfully completes such
program within one year after enrollment.

Certified Program Administrator: The Town’s Building Official.

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Clearing: Any activity which removes the vegetative ground cover, including but not
limited to the removal of vegetation, root mat removal, and/or topsoil removal.

Conservation Plan, Erosion and Sediment Control Plan, or Plan: A document containing
material for the conservation of soil and water resources of a unit or group of units of land.
It may include appropriate maps, an appropriate soil and water plan inventory and
management information with needed interpretations, and a record of decisions
contributing to conservation treatment. The plan shall contain all major conservation
decisions to assure that the entire unit or units of land will be so treated to achieve the
conservation objectives.

District, or John Marshall Soil and Water Conservation District: A political subdivision
of this Commonwealth organized in accordance with the provisions of Chapter 1, Section
21-1 et seq., of Title 21 of the Code of Virginia, 1950, as amended.

Erosion: The disintegration, detachment, carrying away, or wearing away of land surface
by running water, wind, and/or other natural agents.

Erosion Impact Area: An area of land not associated with current land disturbing 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
ten thousand (10,000) square feet or less used for residential purposes.

Excavating: Any digging, scooping, or other method of removing earth materials.

Filling: Any depositing or stockpiling or earth materials.

Governing Body: The Town Council of Warrenton, Virginia.

Grading: Any excavating or filling of earth materials or any combination thereof,

including the land in its excavated or filled condition.

Land Disturbing Activity: 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.
The term shall not include those activities identified in Section 4-6, Exceptions.

Land Disturbance Permit: A permit issued by the Town for clearing, filling, excavating,
or transporting of soil, or any combination thereof.

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Local Erosion and Sediment Control Program, or Local Control Program: An outline of
the various methods employed by a district or locality 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: 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: The person to whom the permit authorizing land-disturbing activities is issued
or the person who certifies the approved erosion and sediment control plan will be
followed.

Person: Any individual, partnership, form, association, joint venture, public 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: The Board, the Town of Warrenton, or the Zoning
Administrator of the Town of Warrenton responsible for determining the adequacy of a
conservation plan submitted for land-disturbing activities on a unit(s) of land and for
approving plans.

Sediment: Solid material, both mineral and organic, that is in suspension, is being
transported, or has been moved from its site or origin by air, water, gravity, or ice and has
come to rest on the earth's surface, either above or below sea level.

State Erosion and Sediment Control Program, or State Program: The program
administered by the Virginia Soil and Water Conservation Board pursuant to Article 4,
Chapter 5, Title 10.1 of the Code of Virginia, 1950, as amended, including regulations
designed to minimize erosion and sedimentation.

State Waters: All waters on the surface and under the ground wholly or partially within or
bordering the Commonwealth or within its jurisdiction.

Town: The Town of Warrenton, Virginia, a municipal corporation.

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 Transporting: Any moving of earth materials from one place to another, other than such
movement incidental to grading, when such movement results in destroying the vegetative
ground cover, either by tracking or by 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.

External Relationships: Those associations pertaining to off-site considerations. (also see

Internal Relationships)

Evergreen: A coniferous or other plant that retains it leaves or needles in all seasons.

Facilities: Something designed, built, installed, etc., to serve a specific function affording a
convenience, use or service to the users.

Fair: a temporary, mainly outdoor, public celebratory event, including festivals, which may
include musical or theatrical entertainment, display and/or sale of crafts, food and the like.

Fairgrounds, showgrounds, or exhibition center: A site which is used for temporary, regular
exhibitions, displays, contests and the like.

Family: One (1) or more persons occupying a dwelling unit and living and cooking together as
a single, nonprofit, housekeeping unit, provided that not more than four (4) persons not related
by blood, marriage, adoption, or guardianship shall constitute a family unless such group is
composed of handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988 and all subsequent amendments. Such
unrelated handicapped individuals shall have the right to occupy a dwelling unit in the same
manner and extent as any family unit established through kinship as defined above.

Family Care Home: A private single-family home in which more than three (3) children, but
no more than six (6) children, are received for care, protection, and guidance during only part of
the day, except children who are related by blood or marriage to the person who maintains the
home, and meeting applicable licensing requirements for family care homes of § 63.1-196 of the
Code of Virginia, 1950, as amended.

Farmer's Market: A place where locally grown produce and goods are sold on a temporary or
seasonal basis to the general public, not including wholesale or bulk sales to commercial
enterprises or the sale of crafts, household items, or other nonagricultural items.

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Farm equipment, motorcycle, boat, and sport trailer sales and service: On-site sales and
service, either retail or wholesale, of farm equipment, motorcycle, boat, and sport trailers.

Fence: Any artificially constructed barrier of any material or combination of materials erected
to enclose, partition, or screen areas of land.

Flag: Any fabric or bunting containing distinctive colors, patterns, or design that displays
words, letters, figures, designs, symbols, fixtures, logos, colors, that may be mounted to a flag
pole or other structure.

Flex Industrial uses: Light industrial activities that occur in buildings of no more than two
stories in height, with one or more loading docks, and not more than half of the gross floor area
used for offices.

Floodplain Definitions (reference Floodplain District):

Base Flood/One Hundred-Year Flood: A flood that, on the average, is likely to occur once
every one hundred (100) years (i.e., that has a one (1) percent chance of occurring each
year, although the flood may occur in any year).

Existing Manufactured Home Park/Subdivision: A manufactured home park or subdivision

for which the construction of facilities for servicing the lots 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 pouring of concrete pads) is
completed before the initial effective date of these regulations.

Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of

additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).

Flood: A general and temporary inundation of normally dry land areas.

Flood Fringe: All that land in a floodplain not lying within a delineated floodway and
subject to inundation by relatively low velocity flows and shallow water depths.

Flood Hazard District: The area subject to inundation by waters on the 100-year flood,
which is the flood that has a one (1) percent chance of being equaled or exceeded in any
given year, as defined by the Federal Emergency Management Agency.

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Floodplain: 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.

Flood-Prone Area: Any land area susceptible to being inundated by water from any
source.

Floodproofing: The protection of structures and public utility systems from damage
caused by inundation or seepage of flood waters.

Floodway: The floodway is the channel of a stream plus any adjacent flood plain areas that
must be kept free of encroachment in order that the 100-year flood can be discharged
without cumulatively increasing the water surface elevation more than one foot at any
point.

Historic Structure: Any structure that is a) listed individually in the National Register of
Historic Places or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register; b) certified or preliminarily
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 to qualify
as a registered historic district; c) individually listed on the Virginia Landmarks Register;
or d) individually listed on the local inventory of historic places, provided that the
Warrenton preservation program has been certified by the Department of Historic
Resources and/or the Secretary of the Interior.

Manufactured Home Park/Subdivision: A parcel, or contiguous parcels, of land divided

into two (2) or more lots, for rent or sale, intended for the placement of a manufactured
home.

New Construction: For the purpose of determining insurance rates, structures for which the
“start of construction” commenced on or after the effective date of an initial Flood
Insurance Rate Map (FIRM) or after December 31, 1974, whichever is later, 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 this Article and includes any subsequent improvements to such
structures.

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New Manufactured Home Park/Subdivision: A manufactured home park or subdivision for
which the construction of facilities for servicing the lots 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 pouring of concrete pads) is completed on or
after the initial effective date of these regulations.

Recreational Vehicle: A vehicle which is a) built on a single chassis; b) four hundred (400)
square feet or less when measured at the largest horizontal projection; c) designed to be
self-propelled or permanently towable by a light duty truck; and d) designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational camping,
travel, or seasonal use.

Start of Construction: The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within one hundred eighty (180) days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as
the pouring of 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 erections 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 substantial improvement, the actual start of construction
means the first alteration on any wall, ceiling, floor, or other structural part of a building,
whether or not the alteration affects the external dimensions of the building.

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to it before damaged condition would equal or exceed fifty (50)
percent of the market value of the structure before damage occurred.

Substantial Improvement: Any reconstruction, rehabilitation, addition, or other

improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the
market value of the structure before the “start of construction” of the improvement. This
term includes structures which have incurred “substantial damage” regardless of the actual
repair work performed. The term 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 assure safe living conditions, or 2) any

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 alteration of a “historic structure”, provided that the alteration will not preclude the
structures continued designation as a “historic structure.”

Floor Area, gross: The sum of the total horizontal areas of all floors of a structure on a lot,
measured from the interior faces of exterior walls, including basements, elevator shafts,
stairwells at each story, enclosed porches or atriums, interior balconies or mezzanines, and attics
with headroom of six (6) feet, six (6) inches or greater. This definition does not include floor
space not used for human habitation or suitable for temporary storage of merchandise or
equipment such as areas designed for heating and ventilating equipment, cellars or outside
balconies which do not project more than six (6) feet from the exterior wall, off-street parking
structure, rooftop mechanical structures or penthouses, or areas with less than six (6) feet, six (6)
inches or more of structural headroom.

The term “floor area” shall include basements, elevator shafts and stairwells at each story, floor
space for mechanical equipment with headroom of seven feet or more, attic space, interior
balconies and mezzanines.

The term gross floor area shall not include cellars or outside balconies which do not exceed a
projection of six feet beyond the exterior walls of the building.

Parking structures and rooftop mechanical structures are excluded from gross floor area.

The gross floor area of structures devoted to bulk storage of materials including, but not limited
to, grain elevators and petroleum storage tanks, shall be computed by counting each ten feet of
height or fraction thereof as being equal to one floor.

Floor Area, gross leasable: The total area designated for tenant occupancy and exclusive use in
a shopping center or commercial building, including storage, retail area, offices, shipping,
basements, mezzanines and upper floors, if any, expressed in square feet and measured from the
center line of joint partitions and from outside wall faces.

Floor Area, net: The sum of the total horizontal areas of the several floors of all buildings on a
lot, measured from the interior faces of exterior walls and from the centerline of walls separating
two or more buildings. The term “net floor area” shall include outdoor display areas for sale,
rental and display of vehicles, equipment and other products, but shall exclude areas designed for
permanent uses such as toilets, utility closets, enclosed parking areas, mechanical equipment
rooms, public and fire corridors, stairwells, elevators, escalators, and areas under a sloping
ceiling where headroom in at least half of such area is less than seven feet.
Footprint, building: (see Floorplate)

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Floorplate: The horizontal land area occupied by a building at finished grade including
projections and overhangs (“footprint”).

Foster Home: A residence of any person in which one (1) or more children, other than a child
by birth or adoption of such person, resides as a member of the household.

Front: The edge of a lot or structure that abuts a street or way and ordinarily is regarded as the
front of the lot.

Front, to: When a building or structure faces or orients toward the front of a lot.

Frontage: That side of a lot abutting on a street or way and ordinarily regarded as the front of
the lot; the distance between the side lines of any lot as measured along a line, at the required
setback distance from the front lot line, generally paralleling the street upon which the lot fronts.
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 line, as defined and required herein. On irregularly shaped lots that make such a
measurable line impossible, the frontage shall be measured along the line that can be drawn so as
to best meet the intent of the above definition.

Frozen food lockers: Commercial facilities in which frozen foods are stored for wholesale
distribution or purposes.

Funeral Home: A building or part thereof used for human funeral services. Such building may
contain space and facilities for the following: embalming and the performance of other services
used in the preparation of the dead for burial; the performance of autopsies and other surgical
procedures; the storage of caskets, funeral urns, and other related funeral supplies; and, the
storage of funeral vehicles, but not including facilities for cremation.

Garage, Private: Accessory building designed or used for the private storage of not more than
three (3) automobiles owned and used by the occupants of the building to which it is accessory,
with no facilities for mechanical service or repair of a commercial or public nature. On a lot
occupied by a multiple-unit dwelling, the private garage may be designed and used for the
storage of twice as many automobiles as there are dwelling units. A garage which is attached to
the main dwelling structure shall be considered part of that structure for purposes of setback,
yard and height regulations.

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Garage, Public: A building or portion thereof, other than a private garage, designed or used as a
business enterprise with a fee or service charge being paid to the owner for renting, selling, or
storing motor-driven vehicles.

Garage, Repair: Any building, premises, or land in which or upon which a business, service, or
industry involving the maintenance, servicing, repair, or painting of motor vehicles is conducted
or rendered, such services taking place within an enclosed building or screened from public
view.

Garden Apartment: A dwelling unit situated within a structure consisting of no more than
three (3) stories with access to the dwelling units provided by means of an interior hallway or
foyer, each dwelling unit normally consisting of a portion of one (1) floor of the structure.

Gasoline Service Station: (see Service Station)

Geometric Design: Typical cross-sections used in street design.

Gift Shop: A building, or area within a building, comprising no more than 3,000 square feet that
display and sells merchandise at retail that is related to a historic person, place or event.

Golf Course: Any area of land, publicly or privately owned, on which the game of golf is
played, including accessory uses and buildings customary thereto, but excluding lighted golf
driving ranges as defined herein.

Golf Driving Range: A limited area on which golf players do not walk, but onto which they
drive golf balls from a central driving tee.

Gooseneck Lighting: A type of light fixture in which a lamp or lightbulb is attached to a

flexible, adjustable shaft to allow the user to position the light source without moving the fixture
or item to be illuminated. When applied for the purposes of illumination of signage, the lighting
is directed on a sign element.

Governing Body: The Town Council of Warrenton, Virginia.

Governmental Buildings: (see Building, Governmental)

Green: Land open to the general public for passive recreational use that contains lawns, shade
trees and/or landscaped areas. Paved pedestrian walkways and sitting areas may cover up to
twenty-five percent (25%) of the green. Greens may be publicly owned or owned in common by

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a property owners association. Greens may but are not required to be square or rectangular in
shape.

Grade: The average of the finished ground level at the center of all walls of a building. In the
case where walls are parallel to and within five (5) feet of a sidewalk, the ground level shall be
measured at the sidewalk.

Grain and feed supply stores: A business which sells grain, seed, feed and related agricultural
products on a wholesale basis, and may sell at retail as well.

Gross Floor Area: (see Floor Area, Gross)

Gross Leasable Space: (see Floor Area, Gross Leasable).

Group Home: A building which provides living accommodations for the physically or mentally
handicapped, children sixteen (16) years of age or younger, abused adults, or persons sixty-five
(65) years of age or older. The residents of such group homes shall be supervised by a resident or
nonresident staff persons in charge of their area.

Health Official; Health Officer: The health director or sanitarian of the County of Fauquier,
Virginia, or his designated agent.

Health or Fitness Facilities: An indoor establishment, which may include saunas and
steambaths, offering or providing facilities for and instruction in general health, physical fitness,
and controlled exercises such as weight lifting, calisthenics, and aerobic dancing.

Heliport: Any landing area used for the landing and taking off of helicopters for the purpose of
picking up or discharging of passengers or cargo, including fueling and emergency service
facilities.

Heritage tree: any tree that has been individually designated by the local governing body to
have notable historic or cultural interest.

Highway Engineer: The engineer appointed by the Town Manager or designated state official
serving the local VDOT residency.

Historic District: An area containing buildings or places in which historic events occurred or
having special public value because of notable architectural or other features relating to the
cultural or artistic heritage of the community, of such significance as to warrant conservation and

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preservation, and designated and/or mapped and adopted by the Town Council as an overlay
district of the Zoning Ordinance.

Historic District Definitions (reference HD District):

1. Alteration: Any change, modification, or addition to a part of or all of the exterior of any
building or structure.
2. Building: Any enclosed or open structure which is a combination of materials to form a
construction for occupancy or use.
3. Building Official: The person appointed by the Town Manager as the individual who
issues the permit for the construction, alteration, reconstruction, repair, restoration,
demolition, or razing of all or part of any building.
4. Building Permit: An approval statement signed by the Building Permit Office
authorizing the construction, alteration, reconstruction, repair, restoration, demolition, or
razing of all or a part of any building.
5. Contributing Properties: Properties so designated on the inventory map of landmarks
and contributing properties which is adopted as a part of this Ordinance, being generally
those properties which by reason of form, materials, architectural details, and relation to
surrounding properties contribute favorably to the general character of the part of the
Historic District in which they are located but which by reason of recent age, lack of
historic significance, or other factors are not designated as historic landmarks under the
criteria of this Ordinance.
6. Certificate of Appropriateness: The approval statement signed by the Chairman of the
Architectural Review Board which certifies the appropriateness of a particular request for
the construction, alteration, reconstruction, repair, restoration, demolition, or razing of all
or a part of any building within a historic district, subject to the issuance of all other
regional permits needed for the matter sought to be accomplished.
7. Demolition: The dismantling or tearing down of all or part of any building and all
operations incidental thereto.
8. Historic District: An area containing buildings or places in which historic events
occurred or having special public value because of notable architectural or other features
relating to the cultural or artistic heritage of the community, of such significance as to
warrant conservation and preservation.
9. Historic Landmark: Defined as any building or place listed in the National Register
of Historic Places, or in the Virginia Landmarks Register, or any building or place
officially designated as a landmark structure or place by the Town of Warrenton on the
inventory map which is adopted as a part of this Ordinance.
10. Reconstruction: Any or all work needed to remake or rebuild all or a part of any building
to a sound condition, but not necessarily of original materials.

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 11. Repairs: Any or all work involving the replacement of existing work with equivalent
material for the purpose of maintenance, but not including any addition, change, or
modification in construction.
12. Restoration: Any or all work connected with the returning to or restoring of a building,
or a part of any building, to its original condition through the use of original or nearly
original materials.

Historic Shrine: (see Museum)

Home Garden: A garden in a residential district for the production of vegetables, fruits, and
flowers generally for use and/or consumption by the occupants of the premises.

Home Business: Same as Home Occupation, except that a home business is permitted to have
up to three full-time equivalent employees who do not reside in the dwelling in addition to any
family employees who reside on the premises.

Home Occupation: Any occupation or activity conducted solely by a member of the family
residing on the premises which is incidental and secondary to the use of the premises for
dwelling, and in general an occupation where services are performed in such a way that visits to
the premises by members of the public are infrequent and that the character and intensity of the
use is compatible with the quiet nature of residential neighborhoods, provided that (a) not more
than the equivalent area of one quarter (1/4) of the total interior finished floor space of the
dwelling shall be used for such purpose; (b) that such occupation shall not require external or
internal alterations, or the use of machinery or equipment not customary for purely domestic
household purposes; (c) that no commodity is stored or sold, except as are made on the premises;
(d) there shall be no group instruction, assembly or activity, or no display that will indicate from
the exterior that the building is being utilized in part for any purpose other than that of a
dwelling.

When within the above requirement, a home occupation includes, but is not limited to the
following: art studio; dressmaking; home offices, teaching, with musical instruction limited two
(2) pupils at a time. However, a home occupation shall not be interpreted to include the conduct
of barber shops and beauty parlors, retail stores, nursing homes, medical offices, clinics,
convalescent homes, rest homes, child care centers, day care centers or nursery schools,
restaurants, tea rooms, tourist homes, massage parlors or similar establishments offering services
to the general public.

Homeowners Association: A private nonprofit corporation of homeowners for the purpose of

owning, operating, improving and maintaining various common property and facilities.

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Hospital: An institution primarily for human in-patient care for the sick or injured and including
related facilities such as laboratories, out-patient departments, training facilities, central services
facilities, and staff offices that are an integral part of the facilities, rendering medical, surgical,
obstetrical, or convalescent care, including nursing homes, homes for the aged, and sanatoriums.

Hospital, Special Care: A special care hospital shall mean an institution rendering care
primarily for mental or feeble-minded patients, alcoholics, or drug addicts.

Hotel: A facility offering transient lodging accommodations for ten or more individuals on a
daily rate and providing additional services, such as restaurants, meeting rooms, and recreational
facilities (also see Motel).

Housing, Emergency: (see Emergency Housing)

Household Pet Grooming: A commercial business limited to the routine grooming of

household pets, as defined herein, including bathing, hair cutting and similar functions. (also see
Pet Grooming)

Housekeeping Unit: (see Dwelling Unit)

Human Scale: The design and appearance of a building façade or group of facades such that a
human being perceives that the facades relate to the size of a human being and are not perceived
to be overwhelming, disorienting or intimating due to the apparent size.

I - District: A zoning district for industrial uses.

Illustrative Material: Accompanying pictorial and written data.

Impervious Surface: A surface on previously undeveloped land that has been compacted or
covered with a layer of material so that it is highly resistant to infiltration by water, including
gravel driveways and parking areas.

Improvements: All utilities, facilities, buildings, and structures including but not limited to
streets, cul-de-sacs, storm and sanitary sewers, water lines, curb and gutter, and landscaping
required pursuant to the terms of the Ordinances of Warrenton, Virginia.

Industry, Heavy: A use engaged in the basic processing and manufacturing of materials or
products predominantly from extracted or raw materials, or a use engaged in storage or

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manufacturing processes using flammable or explosive materials, or storage or manufacturing
processes that potentially involve hazardous or commonly recognized offensive conditions.

Industry, Light: A use engaged in the manufacture, predominantly from previously prepared
materials, of finished products or parts, including processing, fabrication, assembly, treatment,
packaging, incidental storage, sales, and distribution of such products, but excluding basic
industrial processing or storage or manufacturing processes that involve hazardous or offensive
conditions.

Inn: A single-family dwelling, portion thereof, or accessory building to, where short-term
lodging is provided for compensation to transient guests only. Additional services, such as
restaurants, meeting and event space, and recreational facilities may also be provided. The
operator may or may not live on the premises. Up to twelve (12) guest rooms may be provided.

Inoperable Vehicle: A vehicle parked outside of a structure in any zoning district within the
Town that cannot be operated mechanically and/or does not display a current, valid Town and
State registration decal.

Institutional uses or buildings: Educational and philanthropic operations, including museums,

art galleries, and libraries

Internal Relationships: Those associations pertaining to on-site considerations.

Janitorial service establishment: A commercial facility used to store equipment and materials
used in providing janitorial services, which may include limited administrative office space for
the enterprise.

Junk Vehicle: An inoperable or abandoned motor vehicle without current Town and State
registration.

Junk Yard: The use of any area of land lying within one hundred (100) feet of a state highway
or the use of more than two hundred (200) square feet of land area in any location for the storage,
keeping, or abandonment of junk including scrap metals or other scrap materials. The term "junk
yard" shall include the term "automobile graveyard" as defined herein.

Jurisdiction: The limits of territory within which authority may be exercised by the governing
body.

Kennel: (see Animal Kennel).

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Landscape Architect: A person who is certified by the State of Virginia in the practice of
landscape design.

Laboratories, research: A workplace devoted to scientific research and experimentation.

Laboratories, medical: A workplace devoted to routine testing of medical samples and related
items associated with the diagnosis and treatment of diseases.

Landscaping: The modification of existing site conditions by earthwork, planting, and/or

structural installation to complete a desired landscape scheme.

Landscape Design: The planned treatment of land, structures, plants, topography, and other
natural features.

Laundromat: A business that provides home-type washing, drying, and/or ironing machines for
hire to be used by customers on the premises.

Laundry: A commercial facility where washing, drying, ironing, and/or dry cleaning are
performed, but do not include self service machines.

Laundry, Pick Up-Drop Off: A business that provides laundry services to customers but
washing, drying, or dry cleaning facilities are not located on the immediate premises.

Lawn and Garden Equipment: Motorized and non-motorized equipment used to cultivate or
maintain lawns and garden plots of yards associated with non-agricultural land uses.

Library: A place devoted to the collection and display of books, manuscripts and related
intellectual property for use and circulation by the public but not for sale.

Lighting (reference Lighting Regulations):

Footcandle: Unit of luminance. One lumen per square foot. It is the luminous flux per unit
area in the Imperial system. One footcandle equals approximately 0.1 (0.093) lux.

Flood Lam: A specific form of lamp designed to direct its output in a specific direction (a
beam) but with a diffusing glass envelope: Such lamps are so designated by the
manufacturers and are typically used in residential outdoor area lighting.

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Full Cutoff Light Fixture or Luminaire; Fully Shielded Light Fixture: A lighting fixture
from which no light output, either directly from the lamp or a diffusing element, is emitted
at or above a horizontal plane drawn through the bottom of the fixture and no more than
10% of the lamp's light intensity is emitted at an angle 10 degrees below that horizontal
plane, at all lateral angles around the fixture. Implicit in the definition is a fixture that is
aimed straight down and has a flat lens. Any structural part of the light fixture providing
this shielding must be permanently affixed.

Glare: The sensation produced by a bright source within the visual field that is sufficiently
brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or
loss in visual performance and visibility. The magnitude of glare depends on such factors
as the size, position, brightness of the source, and on the brightness level to which the eyes
are adapted.

High Intensity Discharge Lamp: A mercury vapor, metal halide, or high or low pressure
sodium lamp.

IESNA: Illuminating Engineering Society of North America

Illuminance, Luminance: The intensity of incident light at a point, measured with a light
meter in footcandles or lux.

Initial lumens: The lumens emitted from a lamp, as specified by the manufacturer of the
lamp.

Lamp: The component of a luminaire that produces light. A lamp is also commonly
referred to as a bulb.

Light pollution: Any adverse effect of manmade light.

Light Trespass: Light falling where it is not wanted or needed, typically across property
boundaries.

Lumen: Unit of luminous flux; used to measure the amount of light emitted by lamps.

Luminaire: The term "luminaire" means a complete lighting unit, less the support
assembly, consisting of a lamp or lamps together with the components designed to
distribute the light, to position and protect the lamps, and to connect the lamps to the power
supply. A luminaire is also commonly referred to as a fixture.

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 Lux. Unit of Luminance: One lumen per square meter. It is the luminous flux per unit area
in the metric system. One lux equals approximately 10 (10.8) footcandles.

Installed: The attachment, or assembly fixed in place, whether or not connected to a power
source, of any outdoor light fixture.

Opaque: Opaque means that a material does not transmit light from an internal
illumination source. Applied to sign backgrounds, means that the area surrounding any
letters or symbols on the sign either is not lighted from within, or allows no light from an
internal source to shine though it.

Outdoor Light Fixture or Lumenaire: An outdoor illuminating device, outdoor lighting or

reflective surface, lamp or similar device, permanently installed or portable, used for
illumination or advertisement.

Temporary Lighting: Lighting which does not conform to the provisions of this Code and
which will not be used for more than one thirty (30) day period within a calendar year, with
one thirty (30) day extension. Temporary lighting is intended for uses which by their nature
are of limited duration; for example holiday decorations, civic events, or construction
projects.

Live-Work Unit: (see Dwelling, Live-Work Unit)

Loading Space: A space within the main building or on the same lot providing for the standing,
loading, or unloading of trucks and other carriers.

Lodge: (see Club).

Lot: A numbered and recorded portion of a subdivision intended for transfer of ownership or for
building development for a single building or accessory building or, in the case of land not
transferred for sale, a measured parcel of land having fixed boundaries and designated on a plat
or survey showing the metes and bounds or simply described by metes and bounds.

Lot Area: The total horizontal area of the lot lying within the lot lines, provided that no area of
land lying within any street or right-of-way shall be deemed a portion of any lot area. The area
of any lot abutting a street shall be measured to the street right-of-way.

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Lot, Corner: A lot abutting upon two (2) or more streets at their intersection. All sides along
the streets shall be considered front yards.

Lot, Coverage: The area of a site covered by buildings or roofed areas.

Lot, Depth of: The average horizontal distance between the front and rear lot lines.

Lot, Double Frontage: An interior lot having frontage on two (2) streets.

Lot, Interior: A lot other than a corner lot with only one street frontage.

Lot Line: A property boundary line of any lot held in single and separate ownership from
adjacent property, except that, in the case of any lot abutting a street, the lot line or such portion
of the lot as abuts the street shall be deemed to be the same as the street line, and shall not be the
center line of the street, or any other line within the street line even though such may be the
property boundary line.

Lot, Pipestem: A lot with access provided to the bulk of the lot by means of a narrow corridor
that does not meet the street frontage requirement of the district regulations.

Lot, through: A lot in which both the front and rear lot lines abut a street.

Lot of Record: A lot which has been recorded among the land records in the Office of the
Circuit Court of Fauquier County, Virginia.
Lot, Substandard: (see Nonconforming Lot).

Lot, Width of: The horizontal distance between side lot lines measured at the required front
setback line.

Lumber and building supply: A commercial use devoted to the storage and sale of wood,
lumber and related building materials.

Manufacture and/or Manufacturing: The processing, fabrication, assembly, and distribution

of products such as, but not limited to: scientific or precision instruments, photographic
equipment, communication equipment, computation equipment, household appliances, toys,
sporting and athletic goods, glass products made of purchased glass, electric lighting and wiring
equipment, industrial controls, lithographic and printing processes, radio and TV receiving sets,
watches and clocks, optical goods, and electrical machinery.

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Marquee: A permanent structure projecting beyond a building wall at an entrance to a building
or extending along and projecting beyond the building's wall and generally designed and
constructed to provide protection against the weather.

Massage Therapist: A practitioner who is licensed or certified by the state and/or a recognized
professional organization, to practice massage therapy for purposes of medical care or physical
therapy rather than for entertainment or recreation.

Materials: The physical elements of which something is made or fabricated.

Medical or Dental Clinic: Any building or group of buildings occupied by medical

practitioners and related services for the purpose of providing health services to people on an
out-patient basis.

Medical Center: Any building or group of buildings that provides a range of professional
medical services that would normally be found in hospitals, medical clinics and medical offices.

Medical Laboratory: (see Laboratory, Medical)

Meeting Hall: (see Assembly Hall)

Mentally or physically impaired person: A person who is a resident of Virginia and who
requires assistance with two or more activities of daily living, as defined in § 63.2-2200, as
certified in a writing provided by a physician licensed by the Commonwealth.

Message, Commercial: Any sign, wording, logo or other representation that, directly or
indirectly, names, advertises or calls attention to a business, product, service or other
commercial activity.

Message, Noncommercial: Any sign, wording or logo that does not represent a commercial
message or commercial speech. See also “message, commercial.”

Mini-Warehouse: A structure containing separate storage spaces of varying sizes leased or

owned on an individual basis for self-storage of business, household, or contractors supplies.

Mixed-Use: A use or structure which contains residential uses as well as commercial or office
uses.

Mobile Food Vendor: Any itinerant merchant who engages in the sale of food or beverages,
whether prepared on-site or off-site, and does so through the use of a mobile unit.

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Mobile Home (also “Manufactured Home”): (see “Dwelling, Mobile Home”)

Mobile Home Park: A residential neighborhood conforming to the requirements of the former
MHP Residential District.

Mobile Home Subdivision: An arrangement of lots designed and intended for the placement of
mobile homes for residential purposes, meeting the requirement of the former MHP Residential
District.

Modular home; Modular dwelling: (see Dwelling, Modular)

Monument sales: Sales of headstones, plaques and similar elements for memorials.

Motel: A building or a group of two (2) or more detached or semi-detached buildings containing
rooms or apartments having separate entrances provided directly or closely in connection with
automobile parking or storage space serving such rooms or apartments, which building or group
of buildings is designed, intended, or used principally for the providing of sleeping
accommodations for automobile travelers and is suitable for occupancy at all seasons of the year.

Motion picture studio: A building or group of buildings in which videos, motion pictures or
other visual recordings are filmed.

Mural: A painting or other artistic depiction on the wall of a building which does not serve the
purpose of commercial or business advertisement or promotion.

Museum: A building which provides educational or aesthetic opportunities for the visiting
public on a regular schedule. Artifacts, artwork, historical documents, photographs, costumes,
and other objects are exhibited and cared for by a professional staff.

Neighborhood Professional Business: Any establishment containing between 1,500 and 5,000
square feet of gross floor area, on the ground floor of a building/structure wherein the primary
occupation is the provision of services on a fee or contract basis. Retail sales to the general
public are not permitted, except as a secondary and subordinate activity, and not exceeding ten
(10) percent of the gross floor area. The retail sales area component should be clearly delineated
within the building/structure. Business service establishments shall not have more than two (2)
employees, including the owner.

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New Urbanism: A pattern of urban design which incorporates various traditional town planning
principles, including narrow streets, on-street parking, interconnected streets, alleys, small front
setbacks, mixed-uses and similar features.

Noise: Sound of a harsh, loud, or confused kind causing disturbance to occupants of an abutting,
adjacent, or adjoining property, as provided for in the performance standards of these regulations
and any other provisions of the Town Code.

Nonconforming Activity: (see Nonconforming Use)

Nonconforming Lot: An otherwise legally platted lot that does not conform to the minimum
area or width requirements of this Ordinance for the district in which it is located either at the
effective date of this Ordinance or as a result of subsequent amendments to the Ordinance.

Nonconforming Sign: An otherwise legal sign that does not conform with the regulations of
this Ordinance for the district in which it is located, either at the effective date of this Ordinance
or as a result of subsequent amendments to the Ordinance.

Nonconforming Structure: An otherwise legal building or structure that does not conform with
the lot area, yard, height, lot coverage, or other area regulations of this Ordinance, or is designed
or intended for a use that does not conform to the use regulations of this Ordinance, for the
district in which it is located, either at the effective date of this Ordinance or as a result of
subsequent amendments to the Ordinance.

Nonconforming Use: The otherwise legal use of a building or structure or a tract of land, other
than a sign, that does not conform with the regulations of this Ordinance for the district in which
it is located, either at the effective date of this Ordinance or as a result of subsequent
amendments to the Ordinance.

Non-profit organization: A non-profit organization incorporated under the provisions of

section 501 [c] 3 of the federal code.

Nursery School: (see Day Care Center).

Nursing or Convalescent Home: An extended or intermediate care facility licensed or

approved to provide full-time convalescent or chronic care to individuals who, by reason of
advanced age, chronic illness, or infirmity are unable to care for themselves.

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Office: A building or portion of a building wherein services are performed involving
predominantly administrative, professional, or clerical operations.

Office, business and professional: (see Business and Professional Office)

Office, medical: (see Medical or Dental Clinic)

Off-Street Parking Space or Parking Bays: A reasonably level space, available for the
parking of one (1) motor vehicle, not less than nine (9) feet wide and having an area of not less
than one hundred sixty-two (162) square feet exclusive of passageways or other means of
circulation or access.

One Hundred-Year Flood: A flood that, on the average, is likely to occur once every 100 years
(i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in
any year).

On-Site: That area within the boundary of any land to be developed or planned for
development.

Open Space: An area that is intended to provide light and air, and is designed for either
environmental, scenic, or recreational purposes and may include, but is not limited to, lawns,
decorative planting, walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas, and water bodies, but not including driveways, parking lots, and
storage yards.
Open Space, Common: Open space within or related to a development, not in individually
owned lots or dedicated for public use, but which is designed and intended for the common use
or enjoyment of the residents of a development.

Outdoor Lighting: (see Lighting)

Outdoor Storage: The keeping in an unroofed area of any goods, junk, material, merchandise,
or vehicles in the same place for more than one (1) week.

Owner-Applicant: (see Applicant-Owner_.

Parcel: A continuous quantity of land, as shown on the official parcel maps of the County
Commissioner of the Revenue and/or an approved record plat, in the possession of, owned by, or
recorded as the property of the same person or persons.

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Park: An area open to the general public and reserved for recreational, educational, or scenic
purposes.

Parking, off-street: Parking in spaces designated outside of the street right-of-way.

Parking, on-street: Parking in spaces designated within the street right-of-way.

Parking Lot: An area not within a building where motor vehicles may be stored for the
purposes of temporary, daily, or overnight off-street parking. For the purposes of this Article,
parking lots are defined as any area used for the display or parking of any and all types of
vehicles, boats, farm machinery, lawn and garden equipment, or heavy construction equipment,
whether or not these items are for sale or lease. This definition includes, but is not limited to,
parking lots and display areas for automobile dealerships and service stations. The area of the
parking lot shall be calculated to include all paved areas used for ingress, egress, internal
circulation, loading, and parking stalls.

Parking Space, All Weather: A parking space surfaced to whatever extent necessary to permit
reasonable use under all conditions of weather.

Passive Recreation: (see Recreation, Passive)

Passive Recreation Area: (see Recreation Area or Facilities, Passive)

Patio House: For purposes herein, same as atrium house (also see Atrium House, Townhouse).

Performance Bond: A bond of surety, and/or cash deposit approved by the Governing Body
equal to the full cost of improvements required by these regulations and providing for
completion of said improvements within a definite term (A performance and payment bond also
provides for the payment of subcontractors).

Personal Service Establishment or Store: Establishments primarily engaged in the repair, care,
maintenance or customizing of personal property that is worn or carried about the person, or is a
physical component of the person, such as the following which will serve as illustration: beauty
parlors, barber shops, shoe repair, tailor shops, opticians, and similar places of business.
Personal Service Establishments do not include dry cleaning plants, or linen or diaper service
establishments.

Pet, Household: Small, domestic animals that are customarily kept in the house or residential
yard for the company or enjoyment of the owner, such as but not limited to dogs, cats, rabbits,

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birds, rodents, fish and other such animals that pose no threat, harm or disturbance to
neighboring residents or properties.

Pet Grooming: A commercial business limited to the routine grooming of household pets, as
defined herein, including bathing, hair cutting and similar functions.

Pipeline, Major: A main trunk pipeline that carries water, gas or other material, or that collects
stormwater or wastewater, and connects to one or more smaller lines that provide the service to
specific customers.

Pipestem Lot: (see Lot, Pipestem).

Planned Unit Development: A development of land that is under unified control and is planned
and developed as a whole in a single development operation or programmed series of
development stages, including principal and accessory structures and uses substantially related to
the character and purposes of the development, and including streets, circulation ways, utilities,
buildings, open spaces, and other site features and improvements. It also includes a program for
the provision, operation, and maintenance of such areas, facilities, and improvements as will be
for common use by some or all of the occupants of the planned development but will not be
provided, operated, or maintained at public expense. PUD includes mixed-use developments,
single use residential developments and/or commercial developments, in accord with the
provisions of this Ordinance.

Planner: Person qualified to prepare site development plans, either licensed as such or meeting
the educational training and work experience standards for membership of the American Institute
of Certified Planners.

Planning Director: The person designated by the Town Manager to serve in this capacity.

Plat: A map or plan of a tract or parcel of land which is to be or has been subdivided (when
used as a verb, plat is synonymous with subdivide).

Playground: A recreational area which is graded and either planted in grass or paved, or a
combination of both, which may have play equipment, and which may be lighted or unlighted for
nighttime sports activities in accord with the provisions of this ordinance.

Plumbing and electrical supply: A business which sells plumbing and/or electric products on a
wholesale basis, and may sell at retail as well.

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Porch: A structure attached to a building to shelter an entrance or to serve as a semi-enclosed
space, usually roofed and generally open-sided, but it may be screened or glass enclosed.

Premise: A contiguous parcel of land with its appurtenances and buildings that functions as a
unit. For the purpose of this ordinance, an outparcel along the perimeter of a shopping center or
similar multi-tenant use that contains a freestanding building and a parking area separate from
the shopping center as indicated on an approved site plan shall be considered a premises separate
from the premises of the shopping center.

Printing establishments: Printing, publishing, and engraving establishment; photographic

processing; blueprinting; photocopying; and similar uses

Profile: A drawing of a side or sectional elevation of an object.

Property: Any tract, lot, or parcel, or several of the same collected together for the purpose of
subdividing, preparing a site development plan, and/or developing.

Public Buildings: (see Building, Public)

Public Facilities Manual: The Town of Warrenton Public Facilities Manual. This manual
provides standards and specifications for public facilities construction within the Town.

Public Water and Sewer Systems: A water or sewer system owned and operated by a
municipality or county, or owned and operated by a private individual or a corporation approved
by the Governing Body and properly licensed by the State Corporation Commission, and subject
to special regulations as herein set forth.

Pumping station: A component of a public water or wastewater system that pumps material
from one line to another for either distribution or collection.

R – District (Residential District): Any zoning district beginning with "R" and/or any zoning
district designed primarily for residential uses.
Raceway or Wireway: A raceway or wireway is a form of mounting structure for signs that are
a narrow structure attached to a wall where electrical conduit can run within and where the sign
structure itself is mounted to the raceway or wireway.

Recreation, Active: Intensive play or athletic activity involving individual or group

participation in games, sports or other activity. Includes such activities as baseball, basketball,
tennis, soccer, golf, swimming, riding and other activities involving physical exertion. May be
private, public or commercial in nature.

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Recreation Area or Facilities, Active: Area or facilities designed for intensive play or athletic
activity by either juveniles or adults.

Recreation, Commercial: (see Commercial Recreation)

Recreation, Passive: Activity involving minimal physical exertion such as sitting, walking,
picnicking, bird watching and reading.

Recreation Area or Facilities, Passive: Natural areas with or without facilities, primarily
scenic, for passive activities, e.g., sitting, walking, riding, or picnicking.

Recycling Center: A facility that is not a junkyard and in which recoverable resources, such as
newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled,
either by machine or by hand, within a completely enclosed building, in preparation for further
processing or manufacturing at another facility.

Recycling Collection Point: An incidental use that serves as a neighborhood drop-off point for
recoverable resources, for temporary storage in containers, or small structures, not including
processing of such items. Generally, these facilities are located in shopping center parking lots,
or other public or semi-public areas such as churches or schools.

Recycling Plant: A facility that is not a junkyard and in which recoverable resources, such as
magazines, books, and other paper products; glass; metal cans; and other products, are recycled,
reprocessed, and treated, within a completely enclosed building, to return such products to a
condition in which they may again be used for production.

Rental service establishment: A business that rents household equipment and/or vehicles.

Rescue Squad: An emergency medical and rescue company, typically operated as a non-profit
organization, using emergency medical vehicles to serve customers.

Rest Home: (see Nursing Home).

Restaurant: An establishment whose principal business is the selling of unpackaged food to the
customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and
where the customer consumes these foods while seated at tables or counters located within the
building. This definition also includes cafes, cafeterias, sit-down restaurants, tea rooms,
confectionery shops, refreshment stands, and outdoor cafes.

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Restaurant, Carry-Out: An establishment that provides prepared food for pick-up by the
customer or delivery by the restaurant employees, but not eat-in facilities.

Restaurant, Drive-Through: An establishment that delivers prepared food, beverages, and/or

desserts to customers in motor vehicles, regardless of whether or not it also serves customers
who are not in motor vehicles, for consumption on or off the premises.

Restaurant, Fast Food: An establishment whose principal business is the sale of pre-prepared
or rapidly prepared food, beverages, and/or desserts directly to the customer in a
ready-to-consume state for consumption either within the restaurant building or off premises.
Orders are not generally taken at the customer's table and food is generally served in disposable
wrapping or containers.

Retail Stores and Shops: Buildings for the display and sale of merchandise at retail (but
specifically exclusive of coal, wood, and lumber yards), such as the following which serve as
illustrations: drugstore, newsstand, food or grocery store, candy shop, dry goods and notions
store, antique store, gift shop, hardware store, household appliance store, furniture store, florist,
music and radio store. This group also includes the consolidation of retail stores into one or
more buildings as a shopping center.

Retail uses, General: (see Retail Stores and Shops)

Retail uses, Personal services: Retail uses that provide services to individuals, such as barber,
beauty salon, nail care, and the like.

Retail uses, Business services: Retail uses that provide services to businesses, such as office
supplies, office equipment, data processing, and the like.

Retail Use, Automated: A retail establishment that is fully automated, without a full time
attendant or proprietor.

Retention Facility: The same as a Detention Facility except that the lower water elevation of
the pond may be at a level lower than the normal hydraulic grade line of the drainage system into
which it drains. Water detained in this lower elevation must therefore be dissipated by
evaporation, seepage into the soil, or retained as a permanent water pool.

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Reverse Frontage: A lot with double frontage which is not accessible from one of the streets
upon which it fronts, usually the street designed for or experiencing the highest vehicular traffic
volumes.

Right-of-Way: A strip of land occupied or intended to be occupied by a street, crosswalk,

railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer
main, shade trees, or for another special use. May include a fee simple or easement ownership.

Road, Public: All public property reserved or dedicated for street traffic, maintained by the
Town of Warrenton or the Virginia Department of Highways.

Road, Private: A way open to vehicular ingress and egress established as a separate tract for the
benefit of certain adjacent properties, not including driveways, and not maintained by the Town
of Warrenton or the Virginia Department of Highways.

Rooming House: (see Boarding House).

Rug and carpet cleaning and storage with incidental sales of rugs and carpets: A business
which cleans and/or stores rugs and carpets and which may sell or trade such items as an
incidental use.

Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or
bar configured, usually in a round, parabolic shape, intended to receive and/or transmit radio,
electromagnetic, or microwaves from terrestrially based and/or orbitally based sources.

School: Any public, parochial, or private place of instruction that provides a curriculum of
elementary or secondary academic instruction, including kindergartens, elementary schools,
middle schools, junior high schools, vocational schools, and high schools, meeting all the
licensing requirements of the Commonwealth of Virginia.

Screening: (see Buffer).

Seating Capacity: The actual seating capacity of an area based upon the number of fixed seats
or one (1) seat per eighteen (18) inches of bench or pew length. For other areas where seats are
not fixed, the seating capacity shall be one (1) seat for every seven (7) square feet of net floor
area, excluding floor area devoted to permanent displays and/or storage.

Security service office or station: A kiosk, office or other structure out of which the security
personnel of a building or complex operate.

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Self-Service Storage Units: (see Mini-Warehouse).

Senior Citizens Center: A licensed facility which provides care, supervision, and recreation
activities for persons 55 years of age and older, during a portion of the day and which is not used
for lodging or overnight care.

Service Station: Buildings and premises where the primary use is the supply and dispensing of
retail motor fuels, lubricants, batteries, tires, motor vehicle accessories, and/or light maintenance
activities, performed within an enclosed building, such as engine tune-ups, lubrication, and
minor or emergency repairs. This definition does not include heavy automobile maintenance
activities such as engine overhauls, automobile painting, and body or fender work.

Setback: The minimum distance by which any building or structure must be separated from the
front, side, or rear lot line.

Setback Line: The line which establishes the required setback. The same as building line.

Shopping Center: A grouping of retail business and service uses on a single site with common,
shared parking facilities and combined access points to the public road system.

Shrub: A low-growing, usually multi-stemmed, woody plant.

Sign: Any object, device, display, or structure, or part thereof, visible from a public place, a
public right-of-way, any parking area or right-of-way open to use by the general public, or any
navigable body of water which is designed and used to attract attention to an institution,
organization, business, product, service, event, or location by any means involving words, letters,
figures, designs, symbols, fixtures, logos, colors, illumination, or projected images. The term
“sign” also does not include the display of merchandise for sale on the site of the display.

Sign, Area: The entire display area of a sign including the advertising surface located on one or
more sign faces and any framing, trim and molding, but not including the supporting structure as
measured pursuant to Section Error! Reference source not found..

Sign Copy: Those letters, numerals, and figures, symbols, logos, and graphic elements
comprising the content or message of a sign.

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Sign Face: The surface of the sign upon, against or through which the message of the sign is
exhibited.

Sign Height: The vertical distance to top of sign structure as measured pursuant to Section
Error! Reference source not found..

Sign, Awning: A sign painted on, printed on or attached flat against the surface of an awning.

Sign, Banner: A temporary sign constructed of canvas, plastic, fabric or similar lightweight,
non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method.
Where a banner sign is supported by stakes or another type of supporting structure for posting in
the ground, such sign shall be classified as a “Sign, Yard.”

Sign, Building: Signs that are attached to the building including wall signs, projecting signs,
awning signs, marquee signs, suspended signs, and canopy signs.

Sign, Canopy: A sign attached to the soffit or fascia of a canopy.

Sign, Changeable Copy: A sign designed so that the characters, letter or illustrations can be
changed or rearranged manually or electronically without altering the sign display surface.
May also be known as readerboards. See also the definition of “Sign, Electronic Message
Center.”

Sign, Drive-Through: Any signage allocated along a drive-through lane that is oriented
toward the customer or user in the drive-through lane.

Sign, Electronic Message Center: Any sign that uses changing lights to form a sign message or
messages wherein the sequence of messages and the rate of change is electronically programmed
and can be modified by electronic processes. Such signs may be included in the definition of
other types of signs if they otherwise meet those definitions and do not have features of
prohibited signs, such as flashing signs.

Sign, Feather: A temporary sign that is constructed of lightweight cloth, canvas, plastic fabric or
similar lightweight, non-rigid material and that is supported by a single vertical pole mounted
into the ground or on a portable structure that may resemble a sail, bow, or teardrop.

Sign, Free Standing: Any sign supported upon the ground by a monument, pedestal, bracing, or
other permanent measure and not attached to any building. See also the definition of “Sign,
Monument.

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Sign, Marquee: A sign attached to and made a part of a marquee or any similar projections from
a building, with changeable, fixed or both types of lettering in use.

Sign, Monument: A permanent freestanding sign other than a pole sign, not attached to a
building, which is placed upon or supported by the ground independently of any other structure,
typically on a monument or pedestal structure.

Sign, Neon: Any illuminated sign that is comprised of glass tubing that contains neon or other
gases that light up in various colors when an electric discharge is applied to the gas.

Sign, Nonconforming: Any sign which was erected legally prior to the adoption of this code,
but which does not comply with subsequently enacted sign restrictions and regulations or a
sign which does not conform to the sign code requirements.

Sign, On-Premise: A sign with a message that relates to an activity located on the same premise.

Sign, Permanent: A sign permitted by this code to be located on the premises for an unlimited
period of time and designed to be permanently attached to a structure or the ground.

Sign, Portable: Any sign not attached to the ground or a sign designed to be transported,
including signs designed to be transported by means of wheels. Such signs shall not include
sidewalk signs as allowed in Section Error! Reference source not found..

Sign, Projecting: A sign that is affixed perpendicular to a building or wall and extends more
than eighteen inches beyond the face of such building or wall.
Sign, Sidewalk (A-Frame): A freestanding sign which is ordinarily in the shape of an “A” or
some variation thereof, which is readily moveable, and is not permanently attached to the
ground or any structure. See also the definition of T-frame signs. Such signs are placed on a
public sidewalk, private sidewalk, or similar walkway, in a manner established in Section
Error! Reference source not found..

Sign, Sidewalk (T-Frame): A freestanding sign which is ordinarily in the shape of an upside
down “T” or some variation thereof, which is readily moveable, and is not permanently
attached to the ground or any structure. See also the definition for A-frame signs. Such signs
are placed on a public sidewalk, private sidewalk, or similar walkway, in a manner established
in Section Error! Reference source not found..

Sign, Temporary: A sign that is neither permanently anchored to the ground, nor permanently
affixed to a structure, nor mounted on a chassis, and/or is intended for a limited period of
display.

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Sign, Vehicle: A vehicle sign shall be considered to be used for the primary purpose of
advertising if the vehicle fails to display current license plates, inspection sticker, or municipal
decal, if the vehicle is inoperable, if evidence of paid-to-date local taxes cannot be made
available, or if the sign alters the standard design of such vehicle. Vehicle signs include those
attached to or placed on a vehicle or trailer.

Sign, Wall: A sign attached directly to an exterior wall of a building with the exposed face of
the sign in a plane parallel to the building wall. A wall signs shall include cornice and transom
signs as allowed in the Historic District.

Sign, Window: A sign attached to, in contact with, placed upon or painted on the window or
door of a building which is intended for viewing from the outside of such building. This does not
include merchandise located in a window. A structure that would be considered a sign if
mounted on the exterior of the building, but which is mounted inside the building and oriented to
be visible through the window by a person outside of the window, shall be considered a window
sign for the purposes of this Article.

Sign, Yard: Any temporary sign placed on the ground or attached to a supporting structure,
posts, or poles, that is not attached to any building.

Sign fabricating and painting: The fabrication, painting or assembly of any type of sign as
defined herein.

Simplicity: Directness of expression in design.

Site Development Plan: Detailed drawings indicating all building construction and land
improvements, including landscape treatments and related information as required by this
Ordinance. Also defined as the Site Development Plan Ordinance, Town of Warrenton,
Virginia, December, 1970.

Small equipment sales and/or service operations: A commercial enterprise devoted to the
repair and sales of small scale motorized equipment for residential or commercial activities, such
as lawn mowers and power tools.

Special Exception: (see Special Use Permit)

Special Use Permit: A permit for a use that, owing to some special characteristics attendant to
its operation, installation, or relation to the neighborhood, is permitted in a district, subject to
Town Council or BZA approval, in accordance with the provisions of Article 11 of this

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Ordinance. Special Use Permits are subject to special requirements and/or conditions that may
be imposed by the Council or BZA, respectively, different from those usual requirements for the
district in which the special use in located.

Specifications: A detailed, precise presentation of the materials and procedures to be employed

in the construction of all physical improvements required by the ordinance applicable in the
Town of Warrenton, Virginia.

Specimen tree: Any tree that has been individually designated by the local governing body to be
notable by virtue of its outstanding size and quality for its particular species.

Square: Land open to the general public for passive recreational use that contains paved
pedestrian plazas, lawns, shade trees and/or landscaped areas. Paved pedestrian plazas may
cover up to 90% of the square. Squares may be publicly owned or owned in common by a
property owners association. Squares are not required to be square or rectangular in shape.

Steep Slope: A slope exceeding twenty-five (25) percent grade.

Storage yards: A yard area in which materials, equipment and/or vehicles used for
construction, excavating or similar activities are stored, kept and/or maintained. Storage yards
may be partially covered, enclosed or screened.

Stormwater Management:

Adequate Channel: For manmade channels, the ten-year frequency storm is used to verify
that stormwater will not overtop the channel banks and the two-year storm is used to
demonstrate that stormwater will not cause erosion to the channel bed or banks (definition
from the Erosion and Sediment Control Regulations). For natural channels capable of
conveying the runoff from a two-year storm without overtopping its banks or eroding the
channel lining, or without causing flooding of structures from the 100-year storm event.

Applicant/Developer: Any person, his Agent, or his assigns submitting a stormwater

management plan for approval.

BMP Handbook: Best Management Practices Handbook

Channel: An elongated depression having a definite bed and bank which serves to confine
the flow of water.

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Conduit: A general term for any open or enclosed facility intended for the conveyance of
water.

Control Section: A section or a reach of a conduit where conditions exist that make the
water level stable. A control section may be partial or complete. A complete control
section is independent of downstream conditions and is effective at all stages. An overflow
dam or rock ledge crossing a channel are examples. Control sections may be either natural
or artificial.

Culvert: A closed conduit carrying water under a highway, railroad, or other embankment.
A culvert 'is distinguished from a bridge by generally having the same material all around
its perimeter, and having a regular, symmetrical shape.

Debris: Any material, including floating trash or suspended sediment moved by a flowing
stream.
Deter: The practice of containing standing water for a brief time after a surface water
runoff event for the purpose of reducing peak runoff rates and/or for removing pollutants.
Detention may be achieved in facilities that are normally dry (detention ponds).

Development: 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 two or more residential dwelling units.

Discharge:

(a) The quantity of water, silt, or other mobile substances passing along a conduit per
unit of time: rate of flow expressed as cubic feet per second, liters per second, million
of gallons per day, etc.
(b) The act involved in water or other liquid passing through an opening or along a
conduit or channel.
(c) The water or other liquid which emerges from an opening or passes along a conduit
or channel.

Ditch: An artificial channel.

Flood Routing: Determining the changes in the rise and fall of floodwater as it proceeds
downstream along a drainageway, including the effects of structures.

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Frequency of Storm: The anticipated period in years that will elapse, based on average
probability of storms in the design region, before a storm of a given intensity and/or total
volume will recur. A 10-year storm can be expected to occur on the average of once every
10 years.

Impervious: Condition of a material that prevents significant percolation.

Infiltration Facility: A stormwater management facility which temporarily impounds

runoff and discharges it via infiltration through the surrounding soil. While an infiltration
facility may also be equipped with an outlet structure to discharge impounded runoff, such
discharge is normally reserved for overflow and other emergency conditions. Since an
infiltration facility impounds runoff only temporarily, it is normally dry during non-rainfall
periods.

Land Development or Land Development Project: A manmade change to the land surface
that potentially changes its runoff characteristics.

On site Stormwater Management Facilities: Facilities which are designed to control

stormwater runoff emanating from a specific site.

Peak Discharge: The maximum instantaneous flow from a given storm condition at a
specific location.
Post-development Runoff: Conditions that may reasonably be expected or anticipated to
exist after completion of the land development activity on a specific site or tract of land.

Predevelopment Runoff: Conditions that exist at the time that plans for a land development
activity are approved by the plan approval authority. For staged development, the first item
approved or permitted shall establish the time at which predevelopment conditions are
fixed. In the case of land development by governmental agencies, the initiation of land
acquisition shall establish the time at which predevelopment conditions are fixed.

Regional Watershed-Wide Stormwater Management Facility or Regional Facility: A

facility or series of facilities designed to control stormwater runoff from a large
contributing area, although only portions of the watershed may experience land
development.

Storm Sewer: A sewer that carries only stormwater, drainage and other surface water, but
not domestic sewage or industrial wastes. A storm sewer system consists of underground
conduits, inlets, manholes, open channels, swales and special appurtenances.

12 - 51 Updated XXX, 2018

 Stormwater Detention Basin or Detention Basin: A stormwater management facility which
temporarily impounds runoff and discharges it through a hydraulic outlet structure to a
downstream conveyance system. While a certain amount of outflow may also occur via
infiltration through the surrounding soil, such amounts are negligible when compared to the
outlet structure discharge rates and are, therefore, not considered in the facility's design.
Since a detention facility impounds runoff only temporarily, it is normally dry during non-
rainfall periods.

Stormwater Drainage System: A system of conduits and associated structures used to

collect and convey runoff.

Stormwater Management Facility: A device that controls stormwater and changes the
characteristics of runoff including, but not limited to the quantity and quality, the period of
release, or the velocity of flow.

Time of Concentration: The time it takes for runoff to travel from the most hydraulically
distant part of the watershed to a point of reference, (i.e. basin outlet, drop inlet, etc.)

Town: The Town of Warrenton.

Watershed: The total drainage area contributing runoff to a single point.

Watercourse: Any naturally occurring, constant or intermittent, surface water and its
associated banks, bed, and floodplains.

Story: That portion of a building, other than the basement, included between the surface of any
floor and the surface of the floor next above it. If there be no floor above it, the space between
the floor and the ceiling next above it.

Story, Half: A space under a sloping roof, which has the line of intersection of roof decking and
wall face not more than three (3) 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: A strip of land subject to vehicular and/or pedestrian traffic providing means of access to
property; also designated as road, lane, drive, avenue, right-of-way, highway, boulevard, trail,
court, place, terrace, etc. (see Street, Public)

12 - 52 Updated XXX, 2018

Street, Arterial: A highway utilized primarily as a supplement to, and an extension of, the
interstate highway system, defined in the Virginia State Highway Commission Standards as an
arterial highway. A minimum right-of-way of one hundred twenty (120) feet is required and
carrying capacity is in excess of eight thousand (8,000) vehicles per lane per day.

Street, Collector: Any existing or future street shown as a collector street on the adopted
Comprehensive Plan or that carries a volume of through traffic between four hundred (400) and
three thousand (3,000) vehicles per day.

Street, Interstate: A thoroughfare utilized to carry interstate traffic with a minimum

right-of-way of three hundred (300) feet in rural area and carrying capacity in excess of fifteen
hundred (1,500) vehicles per lane per hour.
Street, Line: The dividing line between a street or road right-of-way and the contiguous
property.

Street, Local: A street that carries or is anticipated to carry a volume of traffic less than four
hundred (400) vehicles per day, the right-of-way of which shall not be less than fifty (50) feet.

Street, Primary Thoroughfare: A street that carries or is anticipated to carry a volume of

traffic exceeding three thousand (3,000) vehicles per day, the right-of-way of which shall not be
less than seventy (70) feet, and should, where feasible, have a minimum right-of-way of ninety
(90) feet.

Street, Private: A local or collector street constructed to Town and State standards or the
equivalent thereto, guaranteed to be maintained by a private corporation by means of a covenant,
deed, and easement acceptable to the Town of Warrenton. Such streets shall have guaranteed
public vehicular access.

Street, Public: All public property reserved or dedicated for street traffic, improved to the
standards set by the Town of Warrenton or the Virginia Department of Transportation. The lot
frontage and setback requirements of this ordinance refer to the public street.

Street, Secondary Collector: A street that carries or is anticipated to carry a volume of

through-traffic exceeding four hundred (400) vehicles per day, the right-of-way of which shall
not be less than fifty (50) feet nor more than ninety (90) feet depending upon existing or
anticipated traffic volume.

12 - 53 Updated XXX, 2018

Street, Service Drive: A public right-of-way generally parallel with and contiguous to a major
highway. Primarily designed to promote safety by eliminating pernicious ingress and egress to
the major safe and orderly points of access to the major highway.

Street, Width: The total width of the strip of land dedicated or reserved for public travel
includes roadway, curb and gutter, sidewalks, planting strips, and where necessary, utility
easements.

Structure: Anything constructed or erected, the use of which requires permanent location on
the ground, or attachment to something having a permanent location on the ground. This
includes, among other things, dwellings, buildings, signs, fences, walls, etc., but not private
driveways.

Studios for artists, photographers, and sculptors: A work space for the creation of artworks,
photography and related or similar activities.

Studios and trade schools: A work space for the conduct, teaching and/or practice of artist or
business trades.

Subdivide: To divide any tract, parcel, or lot of land into two (2) or more parts for the purpose
of transferring ownership of any part or for the purpose of building development of any sort.
The term "subdivide" includes the term "resubdivide" and when appropriate to the context shall
relate to the process of subdividing.
Substations: An appurtenant structure for collecting, processing or distributing a public utility
commodity, including electric substations but not including any part of a water or sewer system.

Surveyor, Land: An individual who is certified and licensed by the Commonwealth of Virginia
and who is registered with the State Department of Professional and Occupational Registration
as a "registered land surveyor."

Taxicabs stands: An office, kiosk or other station at which taxis are dispatched.

Taxidermist: A person who prepares animal carcasses for ornamental display.

Tea Room: A room or rooms within a private residence, where teas, other beverages, and
food products are provided for compensation. The operator of the facility shall live on the
premises.

12 - 54 Updated XXX, 2018

Temporary family health care structure: A transportable residential structure, providing an
environment facilitating a caregiver's provision of care for a mentally or physically impaired
person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited
to one occupant who shall be the mentally or physically impaired person, (iii) has no more than
300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building
Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing
the temporary family health care structure on a permanent foundation shall not be required or
permitted.

Theaters: A building, structure or place designed or used primarily for the commercial
exhibition of motion pictures to the general public or used for the performance of plays, acts,
dramas or musical productions by actors, actresses and/or musicians.

Tire recapping and retreading: A business which re-caps and/or re-treads motor vehicle tires.

Tourist Home: A dwelling where only lodging is provided for compensation for up to five (5)
persons (in contradistinction to hotels and boardinghouses) and open to transients.

Town Engineer: The person designated to serve in this capacity by the Town Manager.

Townhouse: (see Dwelling, Townhouse).

Town Manager: The duly appointed Town Manager of Warrenton, Virginia.

Transitional Housing: The housing is designed to provide temporary housing for not
more than four (4) unrelated persons for a maximum of six months. Transitional housing and
counseling services shall be provided by a coalition of churches and/or human service
organizations. A house coordinator must reside on the premises, and a substitute house
coordinator shall be on the premises if the house coordinator is away from the residence for more
than one day.

Transmission Line, Major: A main trunk line that carries electricity, telecommunications
signals or other similar items, and connects to one or more smaller lines that provide the service
to specific customers.

Transmission and receiving towers: Any structure used for the purpose of supporting one (1)
or more antennas or microwave dishes, including self-supporting lattice towers, guy towers, or
pole towers. The term includes radio, television and telephone transmission towers, alternative

12 - 55 Updated XXX, 2018

antenna support structures such as buildings and rooftops, and other existing support structures,
including monopoles. Additional definitions include:

(1) Alternative Tower Structure: Man-made trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or conceal the presence of
antennas or towers.
(2) Antenna: Any exterior apparatus designed for telephone, radio, or television
communications through the sending and/or receiving of electromagnetic waves,
provided that this definition shall not be interpreted to include an antenna that is designed
to receive direct broadcast satellite service, including direct-to-home satellite services,
that is one (1) meter or less in diameter; or an antenna that is designed to receive video
programming services via multipoint distribution services; including multi-channel,
multipoint distribution services, instructional television fixed services, and local
multipoint distribution services, and that is one (1) meter or less in diameter or diagonal
measurement; or an antenna that is designed to receive television broadcast signals.
(3) FAA: The Federal Aviation Administration.
(4) FCC: The Federal Communications Commission.
(5) Height: When referring to a tower or other structure, the distance measured from
ground level to the highest point on the tower or other structure, even if said highest point
is an antenna.
(6) Telecommunication Facility: Any structure used for the purpose of supporting one (1) or
more antennas or microwave dishes, including self-supporting lattice towers, guy towers,
or pole towers. The term includes radio and television transmission towers, alternative
antenna support structures such as buildings and rooftops, and other existing support
structures.
(a) Telecommunication Facility, Freestanding: A structure that stands alone
for the sole purpose of supporting antennas, dishes and other such
telecommunications equipment.
(b) Telecommunication Facility, Attached: A structure or building whose
main purpose is to support or house other uses, and to which antennas,
dishes and other such telecommunications equipment is attached so as to
avoid constructing a freestanding tower.

Travel Lane: Space specifically designated and reserved on the site for the movement of
vehicular traffic.

Travel Trailer: A mobile unit less than twenty-nine (29) feet in length and less than four
thousand five hundred (4,500) pounds in weight which is designated for temporary human
habitation.

12 - 56 Updated XXX, 2018

Treatment Plant: The central facility for treatment and purification of water or wastewater, as
part of a public water or sewer system owned and operated by the Town or other government
entity, or by an approved private operator to serve a community area.

Tree canopy; tree cover: Includes all areas of coverage by plant material exceeding five feet in
height and the extent of planted tree canopy at 10 or 20 years maturity, based upon the following
published reference:
Manual of Woody Landscape Plants: Their Identification, Ornamental Characteristics, Culture,
Propagation and Uses by Michael A. Dirr (or equivalent professional publication).

Tree, Canopy: A deciduous tree that normally exceeds thirty (30) feet in height at maturity, and
is shown on the list of species in Article 8 of this Ordinance.

Tree, Ornamental: A tree that normally does not exceed thirty (30) feet in height at maturity,
and is shown on the list of species in Article 8 of this Ordinance.

Tree Protection Zone: An area that is radial to the trunk of a tree in which no construction
activity shall occur. The tree protection zone shall be fifteen (15) feet from the trunk of the tree
to be retained, or the distance from the trunk to the dripline, whichever is greater. Where there
are a group of trees or woodlands, the tree protection zone shall be the aggregate of the
protection zones for the individual trees.

Truck sales and service repair garages: A business which sells trucks and/or which provides
repair and maintenance services for trucks.

Use: Activity proposed for any portion or part of a parcel, tract, or lot.

Use, Accessory: (see Accessory Use).

U.S.G.S.: U.S. Geological Survey.

U.S.C. & G.S.: U.S. Coast and Geodetic Survey.

Utility: (1) A system of facilities provided by any agency which, under public franchise or
ownership, or under certificate of convenience and necessity, provides the public with electricity,
gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar
service; (2) A closely regulated private enterprise with an exclusive franchise for providing a

12 - 57 Updated XXX, 2018

public service; (3) the component parts of such facilities, including poles, wires, transformers,
underground pipelines or conduits. Treatment plants are defined as separate items.

Variance: A variance is a relaxation of the terms of the Zoning Ordinance where such variance
will not be contrary to the public interest and where, owing to conditions peculiar to the property
and not the result of the actions of the applicant, a literal enforcement of the Ordinance would
result in unnecessary and undue hardship.

Vehicular Use Area: The entire paved area that encompasses all parking spaces, loading areas,
stacking spaces, and the access drives that provide access to those spaces but that does not
include the entry drive or driveway with no direct access to a parking space, stacking space, or
loading space.

Vending Machine: An automated device for the sale of goods, typically snacks, beverages and
the like.

Vending Gallery: A building or structure containing multiple vending machines.

Veterinary Hospital: A place where animals or pets are given medical or surgical treatment
and the boarding of animals is limited to short-term care incidental to the hospital use.

Video Game Gallery: (see Amusement Arcade)

Visitor Center: A facility established for the purpose of disseminating information about the
Town, County of Fauquier or the region. The facility may provide an interpretative area, and
small auditorium for visitors or tourists.

Warehouse: A building used primarily for the storage of goods and materials.

Wall: A structure which serves to enclose or subdivide a building, usually presenting a

continuous surface except where penetrated by doors, windows, and the like.

Wall, Retaining: A wall constructed to support soil or sub-surface structures.

Water Storage Tank: An enclosed structure used for the storage of water for distribution.

Water and Sewer Systems: (see Public water and sewer systems)

12 - 58 Updated XXX, 2018

Wayside Stand, Roadside Stand, Wayside Market: Any structure or land used for the sale of
agricultural or horticultural produce, livestock, or merchandise produced by the owner or his
family on their farm.

Wholesale Establishments: A business and its premises where goods are sold on a bulk basis to
distributors and direct sales to the general public are limited. Wholesale establishments are also
characterized by the use of trucks for delivery or pick-up of goods sold.

Woodland: An area comprising one (1) or more acres of wooded land where the largest trees
have at least a six (6) inch caliper, or a grove of trees forming one (1) canopy where ten (10) or
more trees have at least eight (8) inch calipers.

Yard: An open space on a lot other than a court, unoccupied and unobstructed from the ground
upward, except as otherwise provided herein.

Yard, Front: An open space on the same lot as a building between the nearest front line of the
building (exclusive of steps) and the front lot or street line, and extending across the full width of
the lot.

Yard, Rear: An open unoccupied space on the same lot as a building between the nearest rear
line of the building (exclusive of steps) and the rear line of the lot, and extending the full width
of the lot.

Yard, Sale: Use of the premises of a residential dwelling for general sales of a temporary
nature, open to the public with the purpose of disposing of personal, family, or household goods
or articles. The term yard sale includes but is not limited to activities known as garage sales,
porch sales, backyard sales, and moving sales.

Yard, Side: An open unoccupied space on the same lot as a building between the nearest side
line of the building (exclusive of steps) and the side line of the lot, and extending from the front
yard line to the rear yard line.

Zero Lot Line: The location of a building on a lot in such a manner that one (1) or more of the
building's sides rests directly on a lot line. The side(s) of the building resting on the line
typically does not include windows.

Zoning Administrator: A Town employee designated to serve in this capacity by the Town
Manager.

12 - 59 Updated XXX, 2018

Zoning Ordinance: The Zoning Ordinance of the Town of Warrenton, Virginia.

12 - 60 Updated XXX, 2018

Town Council Meeting Item Number: a.
December 11, 2018
 Town Council Meeting Item Number: b.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Draft Minutes - October 9, 2018 Minutes 11/13/2018
 TOWN COUNCIL OF THE TOWN OF WARRENTON
TOWN HALL
18 COURT STREET
WARRENTON, VIRGINIA 20186

MINUTES

A REGULAR MEEITNG OF THE COUNCIL OF THE TOWN OF WARRENTON WAS HELD

ON OCTOBER 9, 2018 AT 7:00 P.M. IN WARRENTON, VIRGINIA

PRESENT Mr. Carter Nevill, Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett Hamby, Mr. Jerry
Wood; Mr. Sean Polster, Mr. Alec Burnett and Mr. Kevin Carter Mr. Brannon Godfrey,
Town Manager; Mr. Whitson Robinson, Town Attorney

ABSENT

CALL TO ORDER

The meeting was called to order at 7:06 p.m.

INVOCATION

Mr. Wood offered the invocation.

APPROVAL OF THE AGENDA

Mr. Polster moved to adopt the agenda as presented it was seconded by Mr. Kravetz. All were in
favor.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

CITIZENS TIME

PROCLAMATIONS AND RESOLUTIONS

Youth Council Oath of Office

Mayor Nevill administered the Oath of Office to the Youth Council.

Proclamation: November 11, 2018 100th Anniversary of Armistice Day

Mayor Nevill presented Mr. Jeff Dombroff with a Proclamation noting the 100th Anniversary of
Armistice Day.

HEAR FROM DELEGATE WEBERT

Delegate Michael Webert addressed Council and the citizens in attendance. He gave them an
update on current projects being worked on before the next session that begins in February. Delegate
Webert also took a question from the audience, a citizen inquired regards to mobile phone usage while
driving a vehicle. The citizen asked why there would be any resistance, as it is undoubtedly unsafe.
Delegate Webert responded noting there were a few issues with both due process in the “hands free”
realm as well as not all constituents being able to afford vehicles that are equipped with “hands free”
capability. He reassured the citizens this is being closely looked into.

HEAR FROM CENTER DISTRICT SUPERVISOR

Supervisor Granger addressed Council on updates going on within the County. He noted
Blackwell Bridge will be rebuilt and it is set to be complete by October 30, 2018. He also explained there
would most likely be an announcement coming after the Board of Supervisors meeting this coming
Thursday in regards to acquisition of property for a rehabilitation center. Fauquier County Parks and
Recreation has installed a “traffic garden” at the Warrenton Visitors Center. The grand opening of this
feature will take place on October 23rd.

YOUTH COUNCIL REPORT

Ms. Alice Christensen addressed Council and explained that the Youth Council has been working
with Taylor Middle School and Department of Social Services to raise awareness of domestic violence.
Fauquier County is the only county in Virginia that does not have a domestic violence shelter. In an effort
to effectuate change now an event has been organized at Liberty High School this Saturday October 13
from 12-4 pm. There will also be “purple out” for Fauquier High School’s home football game. Ms.
Christensen requested Town Council adopt a day in October recognizing Domestic Violence. Mr.
Godfrey clarified the Youth Council was seeking a proclamation. Mr. Polster said he will work with the
Youth Council to perfect the language.

PUBLIC HEARING

DEFFERRED Special Use Permit 2017-03 721 Industrial Road

Amendment to the Fiscal Year 2018-2019 Budget to appropriate $1,954,205.13 for encumbrance project
balances from Fiscal Year 2017-2018

Ms. Miller briefed the Council and noted that approval of the annual budget constitutes a legal
appropriation of funds for one fiscal year (July 1 – June 30). All appropriations lapse as of June 30th. This
is an annual exercise that is completed each fall when projects that were to be completed during the fiscal
year are not completed. She pointed out that advertised cost of the appropriation was $1,704,205.13
however, upon further review there was actually an increase of $250,000 bringing the new total to
$1,954,205.13.

Mr. Polster noted he was shocked at the line item for ‘Facebook’ costs. Mr. Godfrey explained the
money was for a digital marketing program not solely Facebook, this was a titling error. Mr. Nevill
pointed out he felt it was a poorly worded title. The Council inquired who Model B was, Mr. Wisemiller
explained they were a digital marketing company. The company would have a videographer who would
create and edit videos for digital marketing purposes. Mr. Polster pointed out there already are free videos
from VML and NLC as well as other organizations. Mr. Godfrey noted those videos were already posted
however, they were outdated.

Mr. Burnett verified that all of these were carryovers, as in all projects that have been approved in
the last fiscal year. Mr. Burnett noted this amount was actually lower than last year’s amount. He noted
this amount is dictated by the calendar and even sometimes the weather in the case of road work projects.

Public Hearing was opened at 7:54 p.m. no spoke the public hearing was closed at 7:55 p.m.

Mr. Kravetz moved to approve the amended motion including the additional $250,000 more than
what was additionally advertised for a total of $1,954,205.13, seconded by Mr. Burnett. There was no
additional discussion. All were in favor.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

CONSENT AGENDA

Poet’s Walk SDP 2015-04 Partial Release of Public Improvements Bond

Mr. Hamby asked for specifics in the Partial Release. Mr. Godfrey explained this was the release
of everything with the exception of 15% of the maintenance bond that is held for a period of one year.

Approval of Council Minutes

Staff Reports

Mr. Kravetz asked the Interim Chief is he could account for the increase in criminal arrests, both
felonies and misdemeanors. Chief Carter explained that a large portion of the increase could be attributed
to carryover; when a case is being investigated in one calendar year that carries over to the next calendar
year.

Mr. Carter moved to approve the consent agenda as presented, seconded my Mr. Kravetz. There
was no additional discussion. All were in favor.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

Mr. Wood questioned, after the vote, if it would have been correct to pull each item for discussion
separately. Mr. Robinson noted that if they were to be voted on separately or changes were made to the
items they would need to removed from the consent agenda. As no changes were made the motion still
stands.

NEW BUSINESS

DEFFERRED Commission Permit 2017-01 721 Industrial Road

Supplemental Fund Request for Small Business Assistance Grant

Mr. Godfrey briefed the Council based off of the conversation at the Council
Worksession. He noted the Small Business Assistance Grant program was created in FY17 and
was launched in FY18. This 1:1 matching grant is offered to existing Warrenton businesses, on a
reimbursement basis, to improve or expand business operations, on projects that will increase
sales of goods and services. The program is a partnership between the Town of Warrenton,
which administers the grant, and the Fauquier County Economic Development Authority, which
is the fiscal agent. A review committee, which consists of economic developers and local
business leaders reviews the grant applications for worthiness and makes funding decisions. The
grant was originally funded in FY17 by $25,000 from the Town and $25,000 from the EDA.

It was anticipated that the $50,000 would be sufficient until FY19, but in the last six
months, interest in the program has accelerated and Economic Development is looking to extend
this program.

Economic Development is seeking an additional $10,000 and is looking for a $10,000

match from the EDA. The Town Manager’s recommendation is for Council to amend the FY19
budget to appropriate from the general unassigned fund balance for $10,000 to Economic
Development Incentive Programs. Mr. Wisemiller was available for questions.

Mr. Polster asked how far $10,000 would ‘get’ them since the average grant is
approximately $6,500. He also questioned the definition of the grant since the business owners
were not responsible for paying any of the grant money back. Mr. Wisemiller responded noting
the business owners would be responsible for paying the funds back in the case they did not carry
out the project. It starts out a 0% interest loan, then after two years if they choose to not continue
with the project they would be required to pay the money back. Mr. Wisemiller added they will
receive great data in the future due to capital investment projects as well as progress checks that
are being completed by the EDA to ensure the business owners are following up on what they
said they were going to do.

Mr. Polster again asked if this was an effective program to drive businesses into town. He
noted he does not think $10,000 is enough and asked what the overall plan would be. Mr.
Wisemiller stated that next year they would meet with the businesses to see if the projects were a
success and if so they would ask for the same amount.

Mr. Hamby clarified that this year the Town would contribute $10,000 based on an EDA
match of another $10,000 and then at the beginning of the next fiscal year a new amount would
be negotiated, $25,000.

Mr. Polster stressed his concern for the gathering data and having the metrics available
for review. Mr. Carlos and Mr. Carter asked if Mr. Wisemiller could share the types of
businesses and the types of projects that were possibly planning to have projects in the Town.
Mr. Wisemiller vaguely responded that if he answered it would give the businesses away, and
noted it was possibly retail businesses that had wholesale potential. Mr. Carter asked if ‘giving
the business away’ was a problem. Mr. Wisemiller stated because they have not yet filled out an
application he was apprehensive to state the type of business.

Mr. Hamby moved to appropriate $10,000 from the FY18-19 budget to fund the request
for the Small Business Assistance Grant program, seconded by Mr. Wood.

Mr. Burnett asked if there could be an amendment added, including a contingency based
upon the EDA matching the amount of $10,000. Mr. Carter echoed Mr. Polster that having
metrics in place is important and he does not feel like it is being measured currently. At this
point, he is not inclined to offer more money. Mr. Carlos asked how quickly he would be able to
provide the data Council was seeking. Mr. Wisemiller felt he could possibly get some data
together in the next few months as none of the projects are six months old. Mr. Polster again
noted he felt it was a great program but he does not feel the request is enough money or there is
currently enough infrastructures to appropriate money to this grant at this time. Mr. Polster feels
that if there was more data available for Council he would be inclined to approve. Mr. Burnett
agreed and said “if you cannot measure the data then it should not be done.” Mr. Burnett also
questioned the guidelines and the expectations. He said it was not in the guidelines and would
like to see them in there as opposed to it only being in the contract.

Mr. Polster asked if there would be a hindrance to pushing this topic to next month. Mr.
Wisemiller noted there was a business owner actively working on an application and he would
not have any additional data. Mr. Polster and Mr. Burnett asked not for specific data but rather
for what data points were being gathered. Mr. Carter added that while grants may be confirmed
or approved it may not actually come to fruition. Mr. Burnett asked if the County has asked for
any money. Mr. Wisemiller noted that members of the EDA were employees of Fauquier
County. Fauquier County has not made any appropriations at this time. Mr. Hamby withdrew his
motion, seconded by Mr. Wood. Mr. Kravetz moved to table the item until the November
Meeting, seconded by Mr. Carter. There was no additional discussion. All were in favor

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

August Financial Statements

Ms. Miller gave a presentation to Council of the August Financial statements. There were no
questions from Council.

Acceptance of DCJS Allocation for Programming and Equipment

Mr. Godfrey gave an explanation of this item noting that the Town is eligible for $2,000.00 for
the Towns efforts in internet crimes against children. Staff is looking for a recommendation to accept the
allocation of funds and to amend and appropriate funds from the general fund categorically misc. grants
by $2,000.00 and appropriate those in the expenditures side under Police Department grant expenditures
in the FY19 budget for our programming for internet crimes against children.

Mr. Kravetz asked how exactly the money would be used. Mr. Godfrey responded it would go
towards salaries, overtime and equipment. Chief Boring expanded noting it can also be used for different
types of training. In years past the department has used the funds for training. There were no further
questions from Council.

Mr. Carter moved to approve the expenditure, seconded my Mr. Hamby. There was no additional
discussion. All were in favor.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

REPORTS AND COMMUNICATIONS

Report from the Finance Committee

Mr. Hamby reported that the regularly scheduled meeting did not take place as there was not
quorum. Instead the committee had an informational meeting and covered the August Financial
statements.

Report from the Public Safety and Transportation Committee

Mr. Kravetz noted there was no meeting in October but there will be a meeting before the
November Town Council Worksession.

Report from the Public Works and Utilities Committee

Mr. Hamby reported there was a Public Works and Utilities meeting held just before the Town
Council meeting. The committee received an I&I update alsong with a schedule of projects that would be
beginning in regards to the I&I. The committee also received a thorough fleet status report update. This
report is planned to be dispersed to all of Council. Mr. McCulla briefed the committee on the Comcast
agreement in an effort to make the Town and County’s agreement as similar as possible. A leak policy
was addressed for those leaks the occur inside the house. This will be moved to the November Work
Session. Mr. McCulla also discussed a Lord Fairfax expansion in which the water and sewer would be
provided by the town, this too will be moved to the November Worksession.

Report from the Planning District 9 Representative

Mr. Wood reported the annual meeting took place at Stoneridge in September. Mr. Wood
reported that he felt there was a good turnout. The next meeting will be October 24 in Culpeper.

Report from the Recreation Committee

Mr. Polster noted there were eight applications to be on the committee from citizens and
interviews will be set up for the coming meeting. This coming Sunday is the Blue Grass Jams at Eva
Walker Park. Trunk or Treat will take place at the WARF on October 26. Sunday October 28th will be the
Halloween Happy Fest. There will be a US Swim Meet at the WARF October 27-28. There will also be a
large soccer tournament November 17-18.

Report from the Liaison Committee

The Liaison Committee will meet late in October, there is no report at this time.
Report from the Town Manager
Mr. Godfrey reported he and the Management Team were still working on the strategic report
from the Planning Retreat. His target completion date is the November Worksession. The central office is
performing a rescoring of the Broadview Avenue project per the new designs submitted. Mr. Godfrey
noted it has been almost two weeks and he will touch base with the engineer to see if there is a status
update. The Timber Fence trail project is underway, staff is working with the School Board building
committee on designs, Once the design is finalized the bidding process will begin. The Police Chief
selection process is still ongoing. It is close to completion. The Main-Fifth Street bumpouts are very close
to completion. The mini roundabout is moving along quickly and the next phase of traffic routing will go
into effect tomorrow. The project should be completed in mid to late November.

COUNCIL MEMBERS TIME

Mr. Carlos thanked Mr. Wisemiller for his efforts and hard work in bringing new businesses to
Warrenton. Mr. Carlos also reported he went to the Leadership Fauquier Meeting and excited to see the
committement of the group. He also noted he had the opportunity to do a ride along with the Police
Department. Mr. Carlos thanked the Officers for going above and beyond. He also commended the
partnership the officers have with the County Sheriffs department.

Mr. Kravetz encouraged all members to take ‘ride alongs’ with an officer and to take a tour of the
dispatch center.

Mr. Hamby reported the hard work that is being done on the bumpouts and mini roundabout. He
echoed Supervisor Granger on the traffic garden and the excitement that is surrounding that by both
children and adults in the community. He also noted he and staff completed a walk through and a meeting
with Dominion Energy on the possibility of putting a park in on Linden Street. The planning will take
place this week.

Mr. Burnett noted fire prevention week begins Sunday October 7, 2018. Fauquier County is
providing 750 smoke alarms to those in need free of charge. Reminder to check your smoke detectors.

Mr. Wood reported he and the Town Manager met with a Home Owners association that is
thinking about converting a private street into a public street. He noted there are a lot of steps and money
involved in such decision. He also requested the guard rails by the Harris Teeter be examined again by the
Public Safety Committee.

Mr. Polster echoed Mr. Burnett in a reminder of Fire Safety Prevention Week. He also noted the
Warrenton Volunteer Fire Company’s Open House will take place on October 21 at 10:00 am. Mr. Polster
also reiterated his frustration with VDOT about the lack of communication. He apologized for missing
the Work Session due to being a conference. He reported this Friday the Warrenton PD will hold a
CRUSH meeting. He feels the multiple groups that have been brought together to fight the heroin
epidemic.

Mr. Carter reported tomorrow night at 7:00 pm at Court House square will be a candle light vigil
to remember those who have fallen to heroin addiction. He encouraged all to show support to those who
have lost someone to addiction. The Sheriffs open house is on Thursday at 4:00 pm. The PEC Conference
is at Cheswick Virginia, Mr. Polster will be attending. Mr. Carter also noted he had a conversation with
Strong Towns, he is hopeful we can build on their energy and bring some of their processes here. He also
noted the ‘Real Men of Fauquier County wear Pink’ to raise Cancer Awareness.
CLOSED SESSION

Closed Session under VA Code §2.2-3711(A)(1)&(7)&(8) to discuss the performance and appointment of
personnel to the Police Department

A closed session related to the above topic.

Mr. Kravetz moved to go into a Closed Session pursuant to §2.2-3711(A)(1)&(7)&(8), seconded

by Mr. Hamby. There was no discussion. The vote was unanimous, as follows:

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

Upon reconvening from closed session, Council adopted the following Certification of Closed
Meeting:

WHEREAS, the Town Council of the Town of Warrenton has convened a closed
meeting on this date pursuant to an affirmative recoded vote in accordance with the
provisions of the Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3172 E of the Code of Virginia requires a certification by
the Town Council that such closed meeting was conducted in conformity with Virginia
law;
NOW, THEREFORE, BE IT RESOLVED this 9th day of October 2018, that the
Town Council hereby certifies that, to the best of each members knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by Virginia law were
discussed in the closed meeting to which this certification resolution applies, and (ii) only
such public business matters as were identified in the motion convening the closed meeting
were heard, discussed or considered by the Town Council.
Each Council Member individually certified for the record.
Closed Session under Va. Code §2.2-3711(A)(1) to discuss the performance of the Town Manager

A closed session related to the above topic.

Mr. Kravetz moved to go into a Closed Session pursuant to §2.2-3711(A)(1) seconded by Mr.
Wood. There was no discussion. The vote was unanimous, as follows:

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

Upon reconvening from closed session, Council adopted the following Certification of Closed
Meeting:

WHEREAS, the Town Council of the Town of Warrenton has convened a closed
meeting on this date pursuant to an affirmative recoded vote in accordance with the
provisions of the Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 D of the Code of Virginia requires a certification by
the Town Council that such closed meeting was conducted in conformity with Virginia
law;
NOW, THEREFORE, BE IT RESOLVED this 10th day of October 2018, that the
Town Council hereby certifies that, to the best of each members knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by Virginia law were
discussed in the closed meeting to which this certification resolution applies, and (ii) only
such public business matters as were identified in the motion convening the closed meeting
were heard, discussed or considered by the Town Council.
Each Council Member individually certified for the record.

ADJOURN

With no further business this meeting was adjourned at 12:15 a.m., October 10, 2018
 Town Council Meeting Item Number: c.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Draft Minutes - October 30, 2018 Minutes 11/13/2018
 TOWN COUNCIL OF THE TOWN OF WARRENTON
TOWN HALL
18 COURT STREET
WARRENTON, VIRGINIA 20186

MINUTES

A SPECIAL MEEITNG OF THE COUNCIL OF THE TOWN OF WARRENTON WAS HELD

ON OCTOBER 30, 2018 AT 7:00 P.M. IN WARRENTON, VIRGINIA

PRESENT Mr. Carter Nevill, Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett Hamby, Mr. Jerry
Wood; Mr. Sean Polster, Mr. Alec Burnett and Mr. Kevin Carter Mr. Brannon Godfrey,
Town Manager; Mr. Whitson Robinson, Town Attorney

ABSENT

CALL TO ORDER

The meeting was called to order at 7:00 p.m.

APPROVAL OF THE AGENDA

Mr. Kravetz moved to amend the agenda to include a resolution appointing a Town Recorder,
seconded by Mr. Hamby.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None
APPOINTMENT OF INTERIM TOWN RECORDER

Mr. Kravetz moved to approve a resolution appointing Elizabeth A. Gillie as the Interim Town
Recorder until council makes a permanent appointment, seconded by Mr. Carter. Mr. Burnett thanked
Evelyn Weimer for her many years of service.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

RESOLUTION APPOINTING ACTING TOWN RECORDER

WHEREAS, Town of Warrenton Code 2-96 requires that a Town Recorder be appointed and
shall attend and record all meetings; and
WHEREAS, Evelyn Weimer served as the Town Recorder of the Town of Warrenton for many
years; and
WHEREAS, Evelyn Weimer resigned her position as the Town Recorder on October 22, 2018
effective immediately; and
WHEREAS, the Town Council has not had an opportunity to discuss the resignation or
appointment of a new Town Recorder; and
WHEREAS, the Town Council is required to have a Town Recorder at meetings and therefore
needs to appoint an interim Town Recorder until a permanent one is appointed.
NOW THEREFORE, the Town Council of the Town of Warrenton hereby appoints Elizabeth
A. Gillie as the interim Town Recorder until such time as the Town Council is able to make a permanent
appointment.

CLOSED SESSION

Closed Session under Va. Code §2.2-3711(A)(1) to discuss the performance of the Town Manager

A closed session related to the above topic.

Mr. Kravetz moved to go into a Closed Session pursuant to §2.2-3711(A)(1) seconded by Mr.
Carter. Mr. Carter noted on the agenda there was language to note Citizens Time, however it is part of the
template and in actuality there is no citizen’s time at this meeting. The vote was unanimous, as follows:

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Sean Polster, Mr. Alec Burnett and Mr.
Kevin Carter
Nays: Mr. Jerry Wood
Absent During Vote: None
Abstention: None
Upon reconvening from closed session, Council adopted the following Certification of Closed Meeting:

WHEREAS, the Town Council of the Town of Warrenton has convened a closed meeting on
this date pursuant to an affirmative recoded vote in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, Section 2.2-3172 E of the Code of Virginia requires a certification by the Town
Council that such closed meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED this 30th day of October 2018, that the Town
Council hereby certifies that, to the best of each members knowledge, (i) only public business
matters lawfully exempted from open meeting requirements by Virginia law were discussed in the
closed meeting to which this certification resolution applies, and (ii) only such public business
matters as were identified in the motion convening the closed meeting were heard, discussed or
considered by the Town Council.
Each Council Member individually certified for the record.

Mr. Kravetz moved the Town Council release the Town Manager from his contract pursuant to
section 5e effective immediately, seconded by Mr. Carter. Mr. Wood spoke as to why he felt Council
should continue to keep Town Manager and why he personally supports Mr. Godfrey. He went onto
extensively note all of the accomplishments Mr. Godfrey has completed or been a part of since 2015. He
noted Mr. Godfrey’s personality traits and attitude that makes him as asset to the Town. Mr. Wood
thanked the mayor for stating the reasons why he felt he should continue to be the Town Manager.

Mr. Carlos noted he shared some of Mr. Wood’s views. He went on to say that was concerned
about the handling of some specific issues by the Town Manager he dies not feel he has enough
information to support the motion.
With no further discussion a roll call vote commenced.

Ayes: Mr. Robert Kravetz, Mr. Brett Hamby, Mr. Sean

Polster, Mr. Alec Burnett and Mr. Kevin Carter
Nays: Mr. Renard Carlos, Mr. Jerry Wood
Absent During Vote: None
Abstention: None

Mr. Carter moved to appoint Edward ‘Bo’ Tucker interim Town Manager effective immediately,
seconded by Mr. Kravetz. There was no discussion and in keeping with the vote style of the evening a roll
call vote commenced.

Ayes: Mr. Robert Kravetz, Mr. Brett Hamby, Mr. Sean

Polster, Mr. Alec Burnett and Mr. Kevin Carter, Mr.
Renard Carlos
Nays:
Absent During Vote: None
Abstention: Mr. Jerry Wood
 WHEREAS, the current Town Manager entered into an Employment Agreement on March 29,
2017 with the Town of Warrenton; and
WHEREAS, said Employment Agreement contained an Addendum that was entered into
between the Manager and the Town on January 9, 2018; and
WHEREAS, the Town Council of the Town of Warrenton and the current Town Manager have
differing views on the future of the Town of Warrenton that cannot be reconciled; and
WHEREAS, Section Five Paragraph E states specifically, “In the event Employee’s employment
is terminated by Employer without cause prior to June 30, 2018 Employer shall make a one-time, lump
sum, cash payment in an amount equal to fifty percent (50%) of one (1) year’s Salary.”; and
WHEREAS, the Employment Agreement Addendum specifically states, “The date of June 30,
2018 under Section Five subsection E is hereby amended to June 30, 2019 to reflect the one year
extension of the Agreement.”; and
WHEREAS, the Town Council of the Town of Warrenton (“Employer”) wishes to invoke the
aforementioned clause.
NOW THEREFORE, the Town Council of the Town of Warrenton does hereby resolve to direct
the Finance Director to make a one-time payment of $77,500.00 in accordance with the Employment
Agreement Addendum; release the Town Manager, Brannon Godfrey, from his contract effective
immediately; appoint Edward Tucker, the Town’s Public Works Director as the acting Town Manager for
such time as is needed and conferring upon him all rights and obligations there under in the Town Code
of Warrenton as well as a 10% increase in pay while serving in said capacity.

ADJOURN

With no further business Mr. Kravetz moved to adjourn and Mr. Carter seconded. All were in
favor and the meeting was adjourned at 10:28 p.m.
 Town Council Meeting Item Number: d.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Draft Minutes - November 8. 2018 Work Session Minutes 11/20/2018
 TOWN COUNCIL OF THE TOWN OF WARRENTON
TOWN HALL
18 COURT STREET
WARRENTON, VIRGINIA 20186

MINUTES

A WORK SESSION OF THE COUNCIL OF THE TOWN OF WARRENTON WAS HELD ON

NOVEMBER 8, 2018 AT 7:00 P.M. IN WARRENTON, VIRGINIA

PRESENT Mr. Carter Nevill, Mayor; Mr. Robert Kravetz, Vice Mayor; Mr. Renard Carlos; Mr.
Brett Hamby; Mr. Jerry Wood; Mr. Sean Polster; Mr. Alec Burnett; Mr. Kevin Carter;
Mr. Edward Tucker, Interim Town Manager; Mr. Whitson Robinson, Town Attorney

ABSENT Mr. Sean Polster

CALL TO ORDER

The meeting was called to order at 7:00 p.m.

NEW BUSINESS

Leak Adjustment Policy

Mr. Tucker briefed the Council on the draft Leak Adjustment Policy. This will be a forgiveness
policy. While it was initially thought it could be a policy change it will have to be a code amendment and
will need to be pushed to the December Council Meeting.

Mr. Carter thanked Mr. Tucker and staff for changing the forgiveness period to three years as
opposed to the originally presented five. He felt it was a generous change for those needing it the most.
He also asked if the remaining balance could be spread over a period time. Mr. Tucker replied stating
there are payment plans for those that fall behind or in these types of instances.

Mr. Burnett wanted the adjustment to reflect more clearly as either a residential or commercial
customer.

Mr. Hamby added there will also be a level of human intervention in addition to the door hangers
that are placed on doors noting a rise in water cost. Mr. Hamby liked the idea of clarifying a ‘customer’.
He asked Mr. Tucker if there was any times there was a commercial customer that this happened to. Mr.
Tucker could not recall. Mr. Carter thinks this should include commercial properties as well.

Highway Safety Improvement Program (HSIP) Grant

Ms. Schaeffer gave a thorough presentation on the HSIP Grant process and the planned use of the
grant funds. Each of the three roundabout locations was explained. Staff is looking for a resolution of
support to apply for the HSIP Grant. Staff would learn if funding was granted in the spring at which point
design could be further explored, citizen input meetings would be arranged at that time.

Mr. Burnett asked about the deadline for the application. Ms. Schaeffer explained staff has
submitted the application pending the Council approved resolution. This is not a required item but is
something that is very important in the application process. Mr. Carter asked about the 10% match that
was noted in the presentation. Ms. Schaeffer clarified that there are no new tax dollars being used. These
are fund that have already been paid and the localities compete to have it awarded. Mr. Carter asked if
there would be opportunities for public input. Ms. Schaeffer replied staff can write out the best plan for
public outreach as they go along.

Mr. Carlos asked if this was an ‘all or nothing’ as in all three traffic circles or none. This was the
case in the beginning however, after much research it was determined each on was strong enough on its
own and each was submitted as their own project.

Mr. Nevill asked if this will have an effect on traffic calming. Ms. Schaeffer noted it has a natural
calming effect as well as few accidents occur. This also will hopefully reduce the cut through traffic
through Main Street. Mr. Carlos asked about the size of the roundabouts, even though we are not in
design phase yet.

Ms. Schaeffer notes the traffic circles would be placed within the right away. The proposed traffic
circle at Walker Drive and Lee Street will be a bit larger than the one that was recently installed near
Walmart. The others will be slightly smaller.

Gum Drop Square/Christmas in Old Town

Acting Chief Carter noted there wasn’t any changes in the application and was available for
questions. Ms. Schaeffer noted a couple changes made to the application from last year. Food Vendors, a
beer garden, food trucks and an extra date were added. Staff and the applicant are in agreement with the
application in front of Council.

Mr. Carlos asked who supplied the alcohol for the beer garden. Chief Carter noted in the past it
has been local. Ms. Schaeffer added it was not noted in the application but they can confirm with them
before Tuesdays vote. Mr. Nevill assured council as previously being the chair it will be a locally
promoted business.

NYE in Old Town

This application does have a change this year; they would like to have food trucks present for
their event. Staff does not see an issue with this application. Mr. Hamby clarified if the applicant has a
permit then they will be allowed a food truck.

Town Manager Search Update

Mr. Tucker directed Council’s attention to the draft RFP. Ms. Miller addressed Council and is
looking to advertise next week with a due date of November 30th. Ms. Miller requested to have any
feedback back to her by next Tuesday. Mr. Robinson noted that at the Regular meeting staff will be
looking for a simple motion for staff to send the RFP out. Mr. Wood asked how many companies
responded after the last search. Ms. Miller recalled is about 4 and the RFP was sent to 7-10 firms. She has
found an updated listing and plans to send the RFP to about 30 firms.
Swine Permit – 449 Estate Ave

Mr. Wood disseminated a photo of a back yard kept pig. He explained he received a complaint of
a citizen. His recount of the situation was not completely accurate so Ms. Schaeffer clarified the situation
which was the following: Ms. Croft received authorization from her HOA to keep a pot bellied pig as a
pet. Ms. Croft came to the Zoning Office to see if any other documents or permits were required.
Unfortunately, she was unintentionally given misinformation and was told she did not need any other
documents as the Town does not regulate pets.

She has had her pet pig, Hamlet, for about six months. The SPCA recently contacted Ms. Croft to
ask if she would foster a rescued pig, believed to be a ‘micro’ pot belly pig. However, within two months
the pig grew to twice the size of Hamlet. Ms. Croft called the SPCA and said she would not be able to
keep this pig as it is too large. The SPCA will be picking up the pig soon. Staff is looking for a Council
permit for the keeping of one pot bellied pig.

Mr. Hamby asked if any complaints have been received. Mr. Wood has received one complaint
and she was not aware of any other complaints. Some neighbors in fact frequently come over to play with
the pig. Mr. Nevill asked Mr. Wood to clarify what the complaint was specifically. Mr. Wood said it was
everything from the pig being there to the smell, however, the complainant is satisfied and feels the
situation has been handled.

Mr. Burnett clarified we are making a change to the Town Code. It may be a good idea to review
the code in the future, but for now reviewing on a case by case basis. Mr. Carlos asked if there are any
health effects related to having pigs. Ms. Schaeffer explained the certain animal waste is different than
other animal waste. She specified that it will be noted in the permit that they must adhere to cleaning and
maintaining much like having a canine.

Mr. Kravetz and Mr. Nevill would like to have the neighbors notified this will be on the public
hearing.

Review of November 13, 2018 Agenda

Mr. Kravetz noted the Swine Permit will need to be added to the Regular Meeting Agenda under
New Business.

Mr. Hamby said the Leak Adjustment Policy should be moved to the December Agenda.

Mr. Kravetz added the Fire Inspector Position needs to be added to the Regular Meeting Agenda.

Mr. Robinson reminded Council that solicitation of the RFP will be added to New Business as
well.

UNFINISHED BUSINESS

Draft Citizens Guide to Boards and Commissions

Mr. Carter says while he appreciates this being presented he would need more time to review. Mr.
Nevill suggested this item be moved to January’s Agenda. And recommendations should be sent to
Elizabeth Gillie.

Fire Inspection Position

 Mr. Hamby noted when they got into the carryover for this year. He would like to see the Fire
Inspector Position be approved for half year funding. Mr. Hamby noted it has been a pretty busy year and
there are a lot on inspections that need to be done. He added Mr. Grigsby has a lot on his plate at this time
and adding this position would be a big benefit to the department. Mr. Carter asked if this is something we
could outsource based on the size of our Town. Mr. Hamby responded bringing on another inspection
position within the Town would not only help with the inspections Community Development has but also
the inspections Public Works has. Mr. Hamby feels we have a need for this position and we can fund it, so
it would be incredibly helpful for two departments on staff.

Ms. Schaeffer addressed Council and went into detail to discuss all of the roles and task Mr.
Grigsby currently does on a daily basis, which really pushes the capacity of one person. She notes the
department currently does not have the capacity to do any active programming and with the addition of
this position would allow staff to do that.

Mr. Robinson added that as this moves forward for Council to make their intentions known. Mr.
Robinson addressed the idea of possibly sharing this position with the County and noted there are state
code designations. Fire Inspector would be one of them, attempting to share this designation could be
difficult as there are only a few ways to ‘un’ designate someone from the position. Mr. Nevill asked staff
to bring them hard numbers and asked what staff was looking for. Mr. Tucker stated they will have the
firm number by Tuesday. Staff is asking Council to review and approve to start the recruitment for the
position.

Misc. Updates

Nothing to report.

ADJOURN

With no further business this meeting was adjourned at 8:20 P.M.

I hereby certify that this is a true and exact record of actions taken the Town Council of the Town
of Warrenton on November 8, 2018

Elizabeth A. Gillie
Interim Town Recorder
 Town Council Meeting Item Number: e.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Draft Minutes - November 13, 2018 Minutes 11/20/2018
 TOWN COUNCIL OF THE TOWN OF WARRENTON
TOWN HALL
18 COURT STREET
WARRENTON, VIRGINIA 20186

MINUTES

A REGULAR MEEITNG OF THE COUNCIL OF THE TOWN OF WARRENTON WAS HELD

ON NOVEMBER 13, 2018 AT 7:00 P.M. IN WARRENTON, VIRGINIA

PRESENT Mr. Carter Nevill, Mayor; Mr. Robert Kravetz, Vice Mayor; Mr. Renard Carlos; Mr.
Brett Hamby; Mr. Jerry Wood; Mr. Sean Polster; Mr. Alec Burnett; Mr. Kevin Carter;
Mr. Edward Tucker, Interim Town Manager; Mr. Whitson Robinson, Town Attorney

ABSENT

CALL TO ORDER

The meeting was called to order at 7:01 p.m.

INVOCATION

Mr. Wood offered the invocation.

APPROVAL OF THE AGENDA

Mr. Carter moved to adopt the agenda as presented it was seconded by Mr. Burnett. All were in
favor.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

CITIZENS TIME

Mr. Walter Story, 140 Culpeper Street, congratulated the Council for putting in the traffic circle
near Walmart and says he has seen a change and has made traffic calmer. He wanted to address the other
three proposed locations that are part of the HSIP Grant. He feels this is an excellent idea and would cure
the traffic problem especially the proposed circle in front of the Court House. At the four way stop at
Meetze Road he feels it is currently a dangerous intersection and approves of this grant proposal. He
thinks it makes the roads safer for those to merge into traffic. He would love to see the proposed traffic
circles built.

Michael Rainger, 5879 Hunton Wood Drive, Broad Run, noted his history with the Town of
Warrenton. Stating he has worked with the schools and the County to save energy. He also wanted to
commend the roundabouts and says it saves energy as the vehicle is in constant motion. He would like to
meet with each of the members before the end of November.

Chris Neal, property owner at corner of Lee Street and Falmouth Street, is in opposition of the
roundabout at that location. He feels the four way stop works well. He is a Fauquier native and says he
has seen a lot of development and improvements in Town. By putting roundabouts on each end of old
town dumps the traffic on Main Street. He feels there will be a dip in his property values and is upset
about a traffic circle in his front yard.

Amy Newer and Selena Woodson from the American Cancer Society came in to address the 'real
men' from the Real Men wear Pink campaign. They presented Mr. Polster with a pheasant statue. Mr.
Polster raised over $1,500 and Mr. Nevill raised over $900 for breast cancer awareness. The community
raised $38,000 in 30 days. Ms. Rice commented that a WARF employee, John Ferguson, raised over
$7,800 for Breast Cancer Awareness during this drive. Council congratulated him for his amazing efforts.

PROCLAMATIONS AND RECOGNITIONS

Proclamation: November National American Indian Heritage Month

Mayor Nevill presented Barbara Ziman and Cat Schwetke of the Fauquier Court House Chapter
of the National Society of the Daughters of the American Revolution with a Proclamation declaring
November as National American Indian Heritage Month.

HEAR FROM CENTER DISTRICT SUPERVISOR

No Report.

PUBLIC HEARING

None.

CONSENT AGENDA

Gum Drop Square/Christmas in Old Town

NYE in Old Town

Staff Reports

Mr. Kravetz moved to approve the consent agenda as presented, seconded my Mr. Hamby. There
was no discussion. All were in favor.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None
NEW BUSINESS

Resolution Authorizing Staff to Submit an Application for the Virginia Department of Transportation
Highway Safety Improvement Program

Mr. Tucker explained there was resolution before Council supporting the application that staff has
submitted for the Highway Safety Improvement Program. Staff is looking for Council approval.

This application has been submitted but is incomplete at this time pending an approved
resolution. Per VDOT the money will be a part of 2022 funding.

Mr. Kravetz said should VDOT award us with the grant, it will cost the town very little. It is a
10% match and the Town has proffers from the Walker Drive development project that can be used
against that, so it will actually cost less than the 10%…in the $300,000 range. Mr. Polster also pointed out
that at this point, everything planned will be done within the existing right of way. Mr. Polster asked if
the application was submitted separately as three traffic circles or if it was bundled into one.

Ms. Schaeffer clarified that originally staff was advised by VDOT to bundle the traffic circles
together as that would position them best for funding. However, after an extensive benefit cost analysis it
was determined that the three stood enough on their own for individual submission. There is still an
opportunity to submit together as a package should one begin to flounder.

At this time staff is just looking for approval to apply for the grant. Should the grant be awarded
staff will return to Council seeking a vote of approval to accept the grant. At that time they will talk to the
citizens.

Mr. Wood asked if this will ‘tie us down’ to a vote. Mr. Tucker added this is just the first step and
there will be another vote as well as a formal agreement that will need to be signed after the grant is
awarded. Ms. Schaeffer echoed they are looking for a nod of support to at least examine these
opportunities and stressed the Town should not apply for something Council is not ready to implement.
Mr. Hamby asked if these were in the Comprehensive Plan initially, specifically Lee Street.

Ms. Schaeffer said the proposed traffic circle at Falmouth Street and Lee Street in is the adopted
Comprehensive Plan. During the Walker Drive rezoning it was determined the existing intersection is
failing and while a stop light was discussed neighbors decided they would prefer a traffic circle; the
proffers were written to allow for either. The proposed traffic circle at the Court House is something that
has been tossed around for some time and was roundabout when first put in but not actually planned in
the Comp Plan.

Mr. Tucker added that both circles proposed at Walker Drive and Lee Street are in the Capital
Improvements Plan. Ms. Schaeffer added this is in this fiscal year’s and future years budgets so it would
offset the Town’s capital investment.

Mr. Wood said he was a bit confused but is hesitant he will be tied down to a vote. Ms. Schaeffer
clarified, noting there is a lot of staff time required to apply for these grants. They do not want to invest
staff time if Council is not interested in utilizing the grant money should it be awarded.

Mr. Polster asked if the new connector from Lee Street to Falmouth Street will have any effect on
new intersection. Ms. Schaeffer answered this was something they considered for the allocation of that
roundabout.

Mr. Kravetz moved to approve the resolution Mr. Polster seconded. With no further discussion
All were in favor.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

Swine Permit - 449 Estate Ave

Ms. Schaeffer noted there were no changes since the work session. The applicant is not present
due to a family emergency. The larger foster pig has been removed from the property by the SPCA. The
first pig that has been approved by the HOA remains at the residence

Mr. Nevill noted that the HOA can regulate above what is allowable in Town Limits. So if
Council accepts and grants this permit, it is within the right of the HOA to regulate against this.

Mr. Wood would like to recommend that because this code was last updated in 1981 staff look
into bringing this up to date to include pot belly pigs. Ms. Schaeffer suggested citing a specific weight
limit while living on a certain amount of acres instead of citing a pig breed or type as it is hard to define
pot belly pigs.

Mr. Carter asked if the Town had remedy to disallow the permit should this pig become a
nuisance. Mr. Robinson said while this is not something that happens on a regular basis, the Town would
be able to revoke it but he feels it would be handled locally by the HOA before it ever made it to the
Council level.

Mr. Burnett directed staff to review Zoning Regulations that are put together by the American
Mini Pig Association for best practices.

Mr. Wood moved to allow the swine permit, seconded by Mr. Kravetz.

With no further discussion all were in favor.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

Fire Inspection Position

Mr. Tucker addressed Council and noted this is a follow up from the last work session and the
October Council Regular Meeting. Staff is looking for the support of Council to proceed with the hiring
of a fire inspector starting in January. There will be a proposed budget amendment at December’s Regular
meeting to reflect a half years’ salary and benefits.
 Mr. Polster asked if staff will report at the December meeting where they will get the money from
out of the current budget. Mr. Tucker believed this would come out of the fund balance and Ms. Miller
confirmed that as this was not contemplated in the current adopted budget it would have to be
appropriated from the general fund balance. Mr. Wood said there have been several budget amendments
to come through and we are still adding to it. He also pointed out our capital improvements in FY19 was
3 million dollars and the reason he voted against the budget was because he saw no new large amounts of
income coming in over the next five years; Mr. Wood would like to remind Council of that. He notes that
the fund balance has 1.9 million dollars remaining. Mr. Polster again asked if they can find the money
within the current budget. He noted Fauquier County just did this same thing on a trial basis and they are
getting data back. He asked staff what is the overall plan?

Mr. Kravetz added we are accruing savings right now as we do not have a current Deputy Police
Chief or Police Chief. Mr. Polster reiterated that is what he was talking about, and was hopeful this
money could be found in the existing budget and not have to be taken from the ‘piggy bank’. Ms. Miller
interjected she would not advise taking from the Police Department funds as they have had some
unexpected expenditures they have had to cover. Clarification was made that staff is to find this money
out of the budget and report back at the December meeting.

Mr. Carter asked if staff could begin the recruitment process. Mr. Polster pointed out the motion
is to only prepare and advertise a budget amendment; it does not include recruiting the position. He wants
to make sure that staff has a plan of action, is this a trial basis or a permanent position? Mr. Robinson
suggested staff recruit and if the funding is not available they do not have to hire. Mr. Burnett verified
that we do have a Town of Warrenton job description and staff is prepared to begin recruitment.

Ms. Schaeffer explained the attachments in the packet are a series of options, the budget
submission to the Town Manger that was eliminated, the feedback from Novak, and the Fauquier County
job description from the last fiscal year. She says while there is not a formal position fully drafted there
are a series of things attached that will lead to the drafting of that position.

Mr. Polster then pointed out that the position would be for a Fire Inspector not a Fire Marshal.
Ms. Schaeffer clarified there can be two positions, a Fire Official and a Fire Marshal. The previous
Building Official was both the Building Official and the Fire Official. They are however two separate
duties that come with different things. One of the specific feedback items staff has been receiving is
related to fire response in the plan review stage. Ms. Schaeffer went on to say she is speaking from past
experience only, stating when she would submit development plans she would meet with a fire official
who would go over fire response components. She feels this is an area that the fire department has
identified as a problem area for the Town. She added that we don’t currently have the active enforcement
to work with the community to see what improvements could be made, similar to what the County is
doing. At this time there is a potential issue as the Town does not have a position related to ‘cause and
origin’; because of this the Town has to call in for help from County Fire or County Sheriff’s Department.
Ms. Schaeffer would like look at all of the different scenarios where the voids are try to fill all of the
voids with one position.

Mr. Nevill asked if this would be better discussed at a Public Safety and Transportation Meeting
to decide more details about this position. Ms. Schaeffer said staff is looking to hear from Council on
what exactly they are looking to fund, at which point they will look at the voids and take input from
different divisions as well as from the County on how an arrangement could be implemented. She again
noted that she wants to examine the voids and craft the position around it.

Mr. Kravetz pointed out that the data in the agenda package has very detailed job duties and
outlines who the position reports to. Ms. Schaeffer explained the Town of Warrenton Job description is
what was submitted in the budget and subsequently cut in the first round by the Town Manager. There
was no approval or discussion between Ms. Schaeffer and the Town Manager.
 Mr. Hamby asked whether or not the person was the Fire Marshal or the Fire Official, who would
appoint them to that. Mr. Robinson answered; it is done by the Town Manager and is sent to DPOR; they
maintain a list of Building Officials and Fire Officials. There are administrative codes associated with
these appointments which are one of the reasons there are very specific terms to examine in regards to the
position title. He added this is why he is concerned about the titling of the position and having them
report to someone else. This could prove to be a problem if Council decided they did not want to fund the
position any longer.

Mr. Hamby asked if it would be possible, regardless of the title of the position, to ‘change things
around’ to better suit the needs of the Town. Mr. Robinson replied yes Council could do that however,
once the employee has been appointed it is a different process to make those changes or to remove the
employee. Ms. Schaeffer suggested it would be possible to give one person the title and then delegate all
of the duties down to another employee.

Mr. Carter moved to approve staff to prepare and advertise a budget amendment to fund a full
time Fire Inspector position, concurrently working to advertise for that position and to further define what
that position will hold. This was seconded by Mr. Hamby, there was no further discussion. All were in
favor

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

Town Manager RFP

Mr. Tucker explained staff is looking for Council approval to submit a Request for Proposal
(RFP) for the recruitment for the full time Town Manager. This will be sent to executive search firms that
have been used in the past to find a new town manager..

There will be another budget amendment to cover the fee services for this action at the December
Regular Meeting.

Mr. Burnett asked about a timeline. Ms. Miller would like to send it out tomorrow, November 14,
2018 and ask for November 30, 2018 as a return date. The RFP will be submitted to 10 firms. Last time
the Town sent the RFP to 7 firms and received 4 responses. This does not restrict bidding/application for
any other companies.

Mr. Kravetz would like to know how soon they would be able to select a firm. Ms. Miller intends
to reward the contract by end of December, but ultimately it is how fast Council can get through the
proposals and make a decision on a firm.

Mr. Carter thanked her for her hard work and Mr. Kravetz noted he liked the additional language
that was in the proposal.

Mr. Nevill noted that while some localities go through a public hiring process of a Town
Manager, the Town of Warrenton will not follow this process.

Mr. Carter moved for staff to issue the RFP and solicit bids for a Town Manager search firm,
seconded by Mr. Kravetz. No discussion all were in favor
 Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett
Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

Interim Town Manager Discussion

Mr. Nevill explained to Council Mr. Tucker will serve until we can find an interim town
manager. Last time around there was a public interview process. From the names submitted a choice was
made. Mr. Nevill noted they can follow the same procedure or they can choose a hiring committee to
bring recommendations to Council. Mr. Nevill will leave it to the will of Council.

Mr. Wood commented there are three members still serving on Town Council that were a part of
the last process. He suggested if this is to be done the correct way, the whole group is necessary to make
this decision. Mr. Carter asked if Mr. Wood was suggesting if all Council is present or if they should go
for a committee, Mr. Wood suggests all be present. Council members were in agreement that they should
make the decision together as a united body.

Mr. Polster moved to direct staff to prepare a budget amendment to fund an interim town
manager seconded by Mr. Carter.

Mr. Robinson asked for clarification on how staff should proceed. He requested Mr. Polster
clarify his motion, Mr. Polster responded ‘so clarified’ in an effort to seek further clarification Mr.
Kravetz began to read the motion aloud for Mr. Polster, during Mr. Polster began to read the motion as
well. Mr. Polster questioned if the process needed to be defined within the motion.

Mr. Polster again asked to look within the budget to fund this position.

All in favor.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

Discussion ensued on how names will be brought forward to Council Members. Mr. Polster has
received some names from VGLMA. As names are presented to Council there will be an open session
meeting scheduled to interview all applicants. Mr. Kravetz asked about setting a deadline for applications,
Mr. Polster said the interviews need to happen before the next meeting.

Ms. Miller noted that a retired Town Manager can work for six months without having an adverse
effect on their retirement. Mr. Tucker pointed out there is not a requirement that we have to run an
advertisement. Ms. Miller added that the names staff and Council already have typically do this type of
work around the State of Virginia and she does not feel that there is a large pool of people that do this.
 Mr. Wood stated they were very fortunate last time to have two people that were very qualified.
Mr. Kravetz will call Mr. Cole Hendrix to see if he has any recommendations.

UNFINISHED BUSINESS

Supplemental Funding Request for Small Business Assistance Grant Program

Mr. Wisemiller asked if this could be held over until next month as his meetings with a few
applicants have been rescheduled. He has only spoke to one business owner for data at this point. He says
some of the projects in the pipeline will have much better clarity next month. He is requesting a closed
session to discuss these applications in more detail.

Mr. Kravetez moved to defer this item, Mr. Wood second. All in favor

Mr. Burnett suggested that the discussion be held after the data is comprehensive and thorough.

Ayes: Mr. Renard Carlos, Mr. Robert Kravetz, Mr. Brett

Hamby, Mr. Jerry Wood; Mr. Sean Polster, Mr. Alec
Burnett and Mr. Kevin Carter
Nays: None
Absent During Vote: None
Abstention: None

REPORTS AND COMMUNICATIONS

Report from the Finance Committee

No Report, Next Meeting will be December 6, 2018 at 6:00 pm

Report from the Public Safety and Transportation Committee

The committee met last Thursday, November 8, 2018 at 6:00 pm and discussed several items,
some of which were carryovers from the last meeting. They discussed traffic calming outside of Mt. Zion
church.

There was a follow up report on a request to lower the speed limit at Fauquier and Evans Road.
Results of the speed test concluded this area does not rise to the level of warranting a speed reduction.

Reducing the speed limit on Broadview Avenue was also discussed. The committee feels the best
way to move forward with this is to defer any further discussion to the Public Hearing on Broadview
Avenue for citizen input.

Employees signing up for Firstnet was proposed by Mr. Polster, however on the night of the
committee meeting there was no one present who was familiar with the program and it was deferred to the
next meeting. Mr. Polster interjected and explained it is a system for first responders to piggy back on the
county's plan, this is a system that is a step above what is already in place and is for major catastrophic
events.

There will be a Firstnet presentation at the December work session.

 The Police Department gave an update on where they are in terms of recruitment and how their
academy graduates are progressing.

Report from the Public Works and Utilities Committee

No Report, next meeting will be December 11, 2018 at 6:00 pm

Report from the Planning District 9 Representative

No report, next Meeting will be December 12, 2018

Report from the Recreation Committee

The meeting was held this evening prior to the Council Meeting. The Committee discussed
upcoming events for the Town and as a reminder the Hunt Country Classic and Hockey Playoffs will be
taking place this weekend. A reminder to all November 30th is the Christmas Parade.

Report from the Liaison Committee

Nothing to report, next meeting tentatively scheduled for December 3, 2018.

Mr. Nevill added the roof of the clock tower which has been under repairs proved to have more
damage than initially thought. The County requested a speedy approval from the ARB so repairs could be
completed. According to DHR they suggested copper in place of tin and it will keep with standards of the
town and the state. Mayor noted his accolades to Town staff for working with the County in a speedy
manner.

Report from the Town Manager

Mr. Tucker followed up and added to the Public Safety and Transportation Committee Report. He
stated there will be further discussion on Broadview Avenue and staff is coordinating a meeting with
VDOT that is set for November 27th, Wallace Montgomery and Kittleson will also be present. The
meeting is to discuss how they move forward with the project. April is the deadline for the Public Hearing
and there needs to be a meeting for public information. This citizen information meeting is set to take
place possibly the second week of January.

A vital employee, John Weakly, will be leaving the Public Utilities department. Mr. Tucker is sad
to see him go but he has a great opportunity he cannot turn down, in the interim it will leave a hole in the
department.

Wednesday November 21Town offices will close at noon.

Mr. Tucker was glad to hear the accolades of the roundabout. He is happy with how it turned out.

Mr. Nevill took a moment to give Mr. Polster accolades as well as to the Community
Development Department for the public awareness campaign, he feels it has been impressive and
effective.

COUNCIL MEMBERS TIME

Mr. Carlos – Asked to give the Utilities Crews a thumbs up, they do a great job for the small
things around town such as leaf collection. He noted he received a few complaints about reducing the
speed coming down Waterloo Road. He encourages citizens to slow down and put the cell phone down.
 Mr. Carter – Gave a thank you to the team for working hard to keep the Town moving right along
during what is not an easy circumstance, he feels staff is doing a great job.

Mr. Kravetz – Thanked everyone involved with the Halloween Parade this year, he notes there
were about 1000 participants and the parade was three blocks long. Mr. Kravetz says he wants to give a
special thanks to Wal-Mart, Marie Washington, The Fauquier Bank and Families for Fauquier. Many
merchants were open giving out candy and goodies. Mr. Kravetz was also happy to report that Mr. Carlos
has agreed to take on the parade next year. The quarterly church coalition meeting will take place
tomorrow, November 14, 2018 at the Police Department at 1 pm. Mr. Kravetz suggests everyone read the
current issue of the VML magazine because there is an article on Mr. Polster near the back of the
magazine. Mr. Kravetz congratulated Mr. Polster for being appointed to the executive committee at the
NLC.

Mr. Hamby – Thanked staff that responded to the restaurant fire, he says everyone did a great job.
The incident on East Shirley Avenue was handled very well and no one was injured. He also thanked
staff and recognizes they have been working really hard.

Mr. Burnett – Sends wishes to fellow Council members and Staff a Happy Thanksgiving and safe
travels. He added he appreciates all staff does and hopes staff enjoys the holiday.

Mr. Wood – Asked everyone to stop and think about those who have suffered tragedy lately.
Enjoy Thanksgiving and think about those who are less fortunate. Mr. Wood would like to see the library
money returned to our budget.

Mr. Polster – Noted he has been openly critical about VDOT and he has since been able to
contact them directly and looks forward to a successful partnership. He was in Los Angeles the day after
the shooting at Thousand Oaks; the next morning when he woke up he saw lots of smoke from his hotel
from the wildfires currently in California. While we are discussing little issues like roundabouts
remember we are blessed to live in a great community and be able to govern here.

Mr. Nevill – Said he appreciates the support and understanding of the members of this
community as we go through this transition. He echoed the accolades and thanked each and every
employee of Town staff for their dedication and service while we go through this transition. He
specifically thanked Mr. Tucker for his acting role as Town Manager.

ADJOURN

With no further business this meeting was adjourned at 8:40 p.m.

I hereby certify that this is a true and exact record of actions taken the Town Council of the Town
of Warrenton on November 13, 2018

Elizabeth A. Gillie
Interim Town Recorder
 Town Council Meeting Item Number: a.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Parks and Recreation November Report Staff Report 12/4/2018
 Town of Warrenton
Department of Parks and Recreation
Monthly Report - November 2018

REVENUE SUMMARY QUICK FACTS

FY 2019 FY 2019 FY 2018
Budget November 2018 Year-to-Date Year-to-Date TOTAL NUMBER OF
Beginning of period ACTIVE MEMBERS:

1,660
Memberships $ 506,640.00 $28,470.99 $203,473.42 $219,875.68
MVPasses $2,139.00 $15,627.50 $15,928.00
Daily Admissions $ 268,750.00 $9,627.50 $88,975.00 $74,815.00
Gift Cards $625.50 $866.00 $1,561.45
Child Care $ 3,000.00 $119.00 $431.00 $857.00 NUMBER OF DAY
Programs (Aquatics & Fitness) $ 369,100.00 $5,194.00 $58,113.57 $58,237.15 ADMISSIONS THIS MONTH:

1,935
Rentals $ 192,822.00 $14,919.00 $68,418.50 $76,390.00
Individual Instruction $5,589.00 $27,772.00 $27,051.50
Merchandise $ 7,000.00 $489.50 $2,850.75 $2,569.25 TOTAL ATTENDANCE
Sponsorship/Grant/ Ad Sales $ 75,000.00 $1,361.95 $28,058.12 $26,703.59 THIS MONTH:

Park Pavilion Rentals $ 8,000.00 $0.00 $4,153.94 $3,860.00

Miscellaneous $ 4,950.00 $538.18 $4,095.41 $4,288.29
End of period $1,435,262.00 $69,073.62 $502,835.21 $512,136.91 8,401
PrPreli
WARF Operating Expenditures $ 1,589,234.00 $ 116,858.00 $ 587,798.00 $ 649,311.00

NUMBER OF AQUATICS
CLASSES HELD THIS
UPCOMING EVENTS
MONTH:
December 1 and 2 - Icebreaker Meet at WARF, bringing swimmers from VA, DC, MD, and NJ, with 4040 event entries. 181
NUMBER OF GROUP FITNESS
December 9 - Blue Grass Jams at WARF
CLASSES HELD THIS MONTH:

December 15 - Virtual Fitness Open House (daytime); Aquatics staff in-service training (evening)
168
December 19 - WARF member cookie exchange and coffee

December 22, 23, 26, 27 - Lifeguard training class - open to the public

December 29 - Water Safety Instructor trainng class - open to the public

 Town Council Meeting Item Number: b.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Police Department Staff Report Staff Report 12/6/2018
 Town Council Meeting Item Number: c.
December 11, 2018
Agenda Memorandum
Submitted by: Elizabeth A Gillie, Interim Town Recorder

Issue: Visitor Center Report

Background: Happy December All!!

The Visitor Center in November welcomed 201 guests, plus a bus of 40 Pennsylvania
folks, who stopped for lunch on their way to Williamsburg.

The meeting rooms were used 17 times, 14 times by paying customers.

Wishing all of you a great Holiday, from all of us at the Visitor Center!!

Discussion:

Financial Impact:

Recommended
Action:

________________________
Town Manager
 Town Council Meeting Item Number: d.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Public Works and Utilities Staff Report Staff Report 12/6/2018
 A RESOLUTION TO AUTHORIZING THE TOWN MANAGER TO SIGN AN
AMENDMENT OF THE TRI PARTY WATER AND SEWER AGREEMENT TO PROVIDE
SEWER AND WATER 50+/- ACRES OF LAND FROM THE STAFFORD FARM
PROPERTY TO THE LORD FAIRFAX COMMUNITY COLLEGE FOUNDATION.

WHEREAS, Warrenton, VA (Hereinafter "the Town") is a municipal corporation located within

the geographic confines of the County of Fauquier, and

WHEREAS, the Town in its proprietary capacity owns and operates water & sewer utility
systems within the municipality and in certain cases outside of the corporate limits when
applications for the privilege of same have been granted pursuant to Sections 17-96 and 17-182 (2)
of the Town Code, and

WHEREAS, Fauquier County (Hereinafter "the County") is a political subdivision of the

Commonwealth of Virginia which does not operate any sewer or water facilities in its own
capacity, and

WHEREAS, the Fauquier County Water & Sanitation Authority ("WSA") is an authority created and
organized to provide sewer and water service with Fauquier County and, which operates under the
Virginia Water & Waste Authorities Act, Chapter 51, of Title 15.2 of the Code of Virginia, 1950, as
amended, hereinafter referred to as "the Virginia Code," and

WHEREAS, Fauquier County desires to give to the Lord Fairfax Community College Foundation
approximately 50+/- acres from the County’s property to be used for college purposes including, but not
limited to, the construction of academic and other college related buildings; and

WHEREAS, the Lord Fairfax Community College Foundation desires to accept the real estate donation
from Fauquier County; and

WHEREAS, the original agreement executed by the Town of Warrenton at the time of the Community
College’s inception included service at 5,000 gallons of sewage capacity per day. Currently, usage is at
about one tenth of that capacity.

WHEREAS, both the County and the WSA have expressed their interest and support to the amendment
that would result in the 50+/- acre parcel being serviced with water and sewer by the Town of Warrenton
on an as needed and as available basis.

RESOLVED FINALLY, That the Town Manager is authorized to execute an amendment to the tri-
party Water and Sewer Service Agreement between Fauquier County, the Town of Warrenton, and the
Fauquier County Water and Sanitation Authority designating the donated property as being in the Town
of Warrenton’s water and sewer service area.

A Copy Teste

Elizabeth Gillie
[Interim] Town Recorder
 Town Council Meeting Item Number: 9.e.
December 11, 2018
ATTACHMENTS:
Description Type Upload Date
Resolution to Update the Employee Handbook to follow the Resolution 11/26/2018
State of Virginia Calendar
2019 Holiday Calendar Backup 11/26/2018
Material
2018 Holiday Calendar Backup 11/26/2018
Material
 A RESOLUTION TO ADOPT THE STATE HOLIDAY SCHEDULE GRANTED BY
GOVERNOR RALPH NORTHAM

WHEREAS, it shall now be the practice of the Town of Warrenton Town Council to
adopt holidays that are designated by the Governor of Virginia and the President of the United
States; and

WHEREAS, Governor Northam, directed that all State offices close all day on Monday
December 24th, Tuesday December 25th, Monday December 31st, and Tuesday January 1st; and

WHEREAS, the Town Council adopts the State holiday schedule granted by the
Governor of Virginia in 2018 and for remaining 2018 calendar year and for the upcoming 2019
calendar year; now, therefore, be it

RESOLVED, by the Town Council of the Town of Warrenton this 11th day of
December 2018, Town of Warrenton employees are hereby, granted holiday leave all day
Monday December 24th, Tuesday December 25th, Monday December 31st and Tuesday January
1st; and, be it

RESOLVED FURTHER, that the Town of Warrenton Employee handbook will be

updated to reflect all of the holidays noted on the Commonwealth of Virginia 2019 Holiday
Calendar; and, be it

RESOLVED FINALLY, that appropriate compensatory leave or wage entitlements be,

and is hereby, granted to those Town of Warrenton employees who are required to work the
holidays.

Carter Nevill
SEAL Mayor
Town of Warrenton
 Commonwealth of Virginia
2019 Pay and Holiday Calendar

State Holidays January February March

January 1 S M T W T F S S M T W T F S S M T W T F S
New Year’s Day 1 2
January 18 1 2 3 4 5 1 2
3 4 5 6 7 8 9
Lee-Jackson Day
January 21 6 7 8 9 10 11 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Martin Luther King, Jr. Day
February 18 13 14 15 16 17 18 19 10 11 12 13 14 15 16 17 18 19 20 21 22 23
George Washington Day 20 21 22 23 24 25 26 17 18 19 20 21 22 23
May 27 24 25 26 27 28 29 30
Memorial Day 27 28 29 30 31 24 25 26 27 28
July 4
31
Independence Day
September 2
Labor Day April May June
October 14
Columbus Day & Yorktown S M T W T F S S M T W T F S S M T W T F S
Victory Day
November 11 1 2 3 4 5 6 1 2 3 4 1
Veterans Day
November 27 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8
4 hours additional holiday time 9 10 11 12 13 14 15
November 28 14 15 16 17 18 19 20 12 13 14 15 16 17 18
Thanksgiving 16 17 18 19 20 21 22
November 29 21 22 23 24 25 26 27 19 20 21 22 23 24 25 23 24 25 26 27 28 29
Day After Thanksgiving
December 24 28 29 30 26 27 28 29 30 31 30
8 hours additional holiday time
December 25
Christmas
July August September
Please note: In some agencies, the S M T W T F S S M T W T F S S M T W T F S
holiday and payday schedule may
vary from what is shown here. If
1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7
you have questions, see your
agency human resources officer. 4 5 6 7 8 9 10
7 8 9 10 11 12 13 8 9 10 11 12 13 14
Denotes Payday
14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21
Denotes Holiday
21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28
Denotes Additional
Time Off 8 hrs 4 hrs 28 29 30 31 25 26 27 28 29 30 31 29 30
Denotes Payday on
Holiday or Time Off

Published by the Virginia Depart-

October November December
ment of Human Resource Manage-
ment. An equal opportunity em- S M T W T F S S M T W T F S S M T W T F S
ployer.
1 2 3 4 5 1 2 1 2 3 4 5 6 7
©2018 Commonwealth of Virginia
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21
20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28
27 28 29 30 31 24 25 26 27 28 29 30 29 30 31
 Commonwealth of Virginia
2018 Pay and Holiday Calendar

State Holidays January

January February March
January 1 S M T W T F S S M T W T F S S M T W T F S
New Year’s Day
January 2 1 2 3 4 5 6 1 2 3 1 2 3
8 hours additional holiday time
January 12 7 8 9 10 11 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10
Lee-Jackson Day
January 15
14 15 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17
Martin Luther King, Jr. Day 21 22 23 24 25 26 27 18 19 20 21 22 23 24 18 19 20 21 22 23 24
February 19
George Washington Day 28 29 30 31 25 26 27 28 25 26 27 28 29 30 31
May 28
Memorial Day
July 4
Independence Day April May June
September 3
Labor Day S M T W T F S S M T W T F S S M T W T F S
October 8 1 2 3 4 5 6 7
Columbus Day
1 2 3 4 5 1 2
November 12 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9
Veterans Day (observed)
November 21 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16
4 hours additional holiday time
November 22 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23
Thanksgiving
November 23 29 30 27 28 29 30 31 24 25 26 27 28 29 30
Day After Thanksgiving
December 24
8 hours additional holiday time
December 25 July August September
Christmas
December 31 S M T W T F S S M T W T F S S M T W T F S
8 hours additional holiday time
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 Town Council Meeting Item Number: 9.f.
December 11, 2018
Agenda Memorandum
Submitted by: Elizabeth A Gillie, Interim Town Recorder

Issue: Appointment of Planning Commissioners and Architectural Review Board

Members
Background: ARB
Two terms expiring December 31, 2018

Steve Wojcik
Laura Bartee

Mr. Steve Wojcik and Ms. Laura Bartee currently serve as chair and Vice Chair. They
both are seeking reappointment.

Planning Commission
Three terms expiring December 31, 2018

Susan Helander
Ali Zarabi
Anna Maas

Ms. Helander and Mr. Zarabi currently serve as chair and vice chair and are seeking
reappointment.

Ms. Maas does not wish to seek reappointment

Advertisements for both commissions have ran for the last two weeks in the local paper.
As of November 29 no applications have been submitted for either Board or
Commission.

Discussion:

Financial Impact:

Recommended
Action:

________________________
Town Manager
ATTACHMENTS:
Description Type Upload Date
PC - Maas Letter of Disinterest Backup 11/26/2018
Material
PC - Zarabi Letter of Interest Backup 11/28/2018
Material
PC - Helander Letter of Interest Backup 12/4/2018
Material
ARB - Wojcik Letter of Interest Backup 11/26/2018
Material
ARB - Bartee Letter of Interest Backup 12/4/2018
Material
Steven Wojcik
621 Old Meetze Rd, Warrenton, VA 20186

Members of the Warrenton Town Council

Dear Members of the Warrenton Town Council:

It has been an honor to serve on the town’s Architectural Review Board, currently as its Chair. I have
always had an interest in historic preservation and architecture, and if you think I can continue to be of
service to the Town, I am interested in serving another term.

Sincerely,

Steve Wojcik
 Town Council Meeting Item Number: 10.a.
December 11, 2018
Agenda Memorandum
Submitted by: Tom Wisemiller, Economic Development Manager

Issue: Supplemental Funding Request for Small Business Assistance Grant Program

Background: Proposed Motion:

Request to withdraw

The Small Business Assistance Grant program was created in FY17 and was launched
in FY18. This 1:1 matching grant is offered to existing Warrenton businesses, on a
reimbursement basis, to improve or expand business operations, on projects that will
increase sales of goods and services. The program is a partnership between the Town
of Warrenton, which administers the grant, and the Fauquier County Economic
Development Authority, which is the fiscal agent. A review committee, which consists
of economic developers and local business leaders reviews the grant applications for
worthiness and makes funding decisions. The grant was originally funded in FY17 by
$25,000 from the Town and $25,000 from the EDA. It was anticipated that the $50,000
would be sufficient until FY19, but in the last six months, interest in the program has
accelerated.

The current program fund balance is $26,000; however, if all committed funds on
projects recently approved for funding are completed, there is only $3,500 remaining for
additional projects. The spreadsheet of approved (committed) grants is attached.

Discussion: 11/20/2018 - Mr. Wisemiller requested a Closed Session to discuss in detail some data
points as well as prospective applicants.

So far, the businesses that have received Small Business Assistance Grant funds have
invested over $450,000 in private capital in their businesses since the program was
launched. If all three of the recently-awarded projects are also completed, that number
will be over $1,000,000. At least four businesses have expressed an interest in applying
for grant funding in the coming months, with one being a major project.

Financial Impact: Staff requests Council to consider amending the FY19 Budget to appropriate $10,000
in supplemental grant funding. The additional funds would come from the General
Fund Unassigned Fund Balance, which is currently estimated to be $994,039 (net of
policy reserve and FY19 commitment).

If the request is granted, staff will work with the Fauquier County Economic
Development Department to request that the EDA also consider adding $10,000 to the
 fund to support the program through FY19. The Economic Development Manager will
meet with grant recipients for bi-annual progress reports to see how many employees
the businesses have added, how much their sales have increased, among other data that
will help us to measure and evaluate the impact of this public investment. It is expected
that this grant will at least pay for itself through positive fiscal impacts (increased
BPOL, Business Personal Property tax, Meals tax collections) and that progress report
data will be available later this calendar year (and prior to FY20).

Recommended Adopt the attached resolution amending the FY19 Budget and appropriate $10,000
Action: from General Fund Unassigned Fund Balance to Economic Development - Incentive
Programs.

________________________
Town Manager

ATTACHMENTS:
Description Type Upload Date
Approved/Committed Small Business Assistance Grants Backup 10/2/2018
Material
Grant Review Committee Members Backup 10/9/2018
Material
Grant Guidelines Backup 10/9/2018
Material
Application Form Backup 10/9/2018
Material
Small Business Assistance Grant program: Projects Approved for Funding
Grant Amount Amount
Business name Approval Project Goal Approved Reimbursed
Deja Brew Jan-18 In-store coffee roasting (artisanal production) $6,500 $6,500
Enlightened Styles Jan-18 New product lines, rebranding (innovative "green" retail) $5,000 $5,000
Haute Cakes Apr-18 Open bricks & mortar store (formerly vacant retail space) $5,000 $5,000

Drum & Strum/GFD Music Alliance Jun-18 Music/cultural arts center (destination/entertainment) $7,500 --

Latitudes Fair Trade Jun-18 Expansion, which allows for diversified offerings $7,500 $7,500
Fosters Grille Jun-18 Major renovation (destination/entertainment) $7,500 --
Gateau Bakery Café & Tea Room Aug-18 Phase II upgrades to capitalize on previous $375K investment $7,500 --
TOTAL $46,500 $24,000

FY17-18 Funds
Town of Warrenton $25,000
Fauquier County EDA $25,000
TOTAL $50,000

Current fund balance $26,000 ($22,500 committed but not yet reimbursed)
Remaining uncommitted funds $3,500
Grant Review Committee members:
Kevin Kelley, Fauquier County Economic Development Authority
Renee Younes, Mason Enterprise Center
Raymond Knott, Union Bank
Katie Heritage, Fauquier County
Cynthia Legg, Legg Consulting Group
Brannon Godfrey, Town Manager

Staff (make recommendations, but do not vote on funding decisions):

Miles Friedman, Fauquier County Economic Development
Thomas Wisemiller, Town of Warrenton Economic Development Department
 TOWN OF WARRENTON ECONOMIC DEVELOPMENT DEPARTMENT

SMALL BUSINESSS ASSISTANCE

MATCHING GRANT PROGRAM

PROGRAM GUIDELINES

The Town of Warrenton Department of Economic Development, in cooperation with the Fauquier County
Department of Economic Development, has established a Small Business Assistance Matching Grant
Program. The grant program is administered by the Town of Warrenton Department of Economic
Development, with additional funding made possible by the Economic Development Authority. The purpose
of this grant program is to assist Town of Warrenton businesses to improve and/or expand their business
operations and increase business revenues.

PROGRAM PURPOSE:

To provide monetary assistance on a matching basis to small businesses that are located within the Town of
Warrenton for business developments and improvements.

PROGRAM GOAL:

To improve or expand business operations in a way that contributes to increased sales of goods and
services within the Town of Warrenton, through developments, improvements, and/or marketing
initiatives.

TOWN OF WARRENTON DEPARTMENT OF ECONOMIC DEVELOPMENT

SMALL BUSINESS ASSISTANCE MATCHING GRANT PROGRAM
 PROGRAM CRITERIA
1. Applicants may apply for up to $10,000 with a 1:1 match required. Typical grant awards will be $5,000.
The match is a cash match only and is on a reimbursement basis upon receipt of documentation. Funding
award amounts are to be determined at the discretion of the review committee, which will take into
consideration the potential of a project to create significant positive impacts to the local economy.

2. Applicants must own or represent a small business located within the Town of Warrenton (e.g.
restaurants, retail, professional services, medical providers, accommodations, food manufacturers, etc.).
Businesses must regularly be open for visitation by the public and/or clients and produce goods and
services locally that are marketed on a year-around basis.

3. Preference will be given to applicants engaging other Town of Warrenton and Fauquier County
businesses in the project, either as vendors or as partners in cooperative initiatives. Changes in
vendors, made after the application is submitted, must be approved by the Town of Warrenton
Department of Economic Development.

4. Preference will be given to projects that are new initiatives, started and completed within 12 months
following the date of the public announcement of this grant program.

5. Funds will be disbursed on a reimbursement basis upon receipt of copies of vendor invoices showing the
actual costs, proof of payment of invoices, proof of product, and proof of completion of the applicant’s
project goals. The Application for Reimbursement must be submitted within 90 days after project
completion. Extensions will be subject to approval.

6. Projects will be limited to no more than 5 projects per funding cycle, depending upon funds available.

7. A standard application form and requested information must be submitted to:

Town of Warrenton Department of Economic Development
19 Culpeper Street, Warrenton, VA 20186
Attention: Economic Development Manager

8. Applications will be reviewed and approved by the Town of Warrenton Department of Economic
Development, the Fauquier County Department of Economic Development (FCDED), and the Economic
Development Authority (EDA).

9. If chosen as a grant recipient, the Town of Warrenton Department of Economic Development will
administer a standard performance agreement between the grant recipient and the EDA setting forth the
requirements for grant disbursement.

TOWN OF WARRENTON DEPARTMENT OF ECONOMIC DEVELOPMENT

SMALL BUSINESS ASSISTANCE MATCHING GRANT PROGRAM
 Ineligible for Funding:
 Annual maintenance or service fees including but not limited to, website maintenance, hosting,
domain registration, internet service, and priority listing fees

 Websites containing illegal or adult material

Eligible for Funding:

 Development of new or expanded product lines, such as:

o Scaling-up existing product lines to meet increased demand for goods and services, locally
and/or outside of the local trade area – i.e., taking locally-produced goods, such as food,
beverage, or craft products, from retail to wholesale (Including but not limited to, investments in
equipment, marketing, storage and distribution systems, trade show programs, etc.).

o Projects that position a company or organization to offer its clients an enhanced and/or
diversified portfolio of services, and/or that will position the company or organization to
expand its customer base by more effectively marketing its existing services and/or by
promoting its brand (Including but not limited to, investments in equipment, technology, marketing,
staff, office facilities, etc.).

 Inclusion of Entertainment Uses and/or “Destination Place” Attractions, such as:

o Inclusion of (permitted) entertainment, cultural arts, or interactive technology (allowable

under Town of Warrenton zoning ordinances) to enhance existing restaurant or retail
operations (Including but not limited to investments in outdoor dining, beer garden/patio, or other
improvement that enhances local restaurant and nightlife offerings; technology or equipment that
supports interactive entertainment, such as group trivia games; permitted live music or cultural arts
stages/platforms, sound systems, equipment, or related facilities within an existing business; etc.).

 Technology Improvements, such as:

o e-Commerce Solutions (Including but not limited to, development of product catalogues, secure
financial transaction and payment systems, reservation and booking systems, intranet development.)

o Database Development (Including but not limited to, inventory management systems, off-line and
online systems integration.)

TOWN OF WARRENTON DEPARTMENT OF ECONOMIC DEVELOPMENT

SMALL BUSINESS ASSISTANCE MATCHING GRANT PROGRAM
 o Professional Services Automation (PSA) software

o Other e-commerce innovations that potentially have a lasting and positive affect on business
efficiency and/or revenue

 Marketing and Promotional Initiatives, such as:

Please note: If you plan to use grant funds for advertising, please complete the Marketing Plan chart on the
following page. Preference will be given to applicants using funds as part of a larger media plan.

o Website development and enhancements

o Joint or cooperative marketing/advertising initiatives
o Signage/Interpretive signage
o New events

 Other Initiatives with the end result of increasing revenues for the business applicant and to the
Town of Warrenton

TOWN OF WARRENTON DEPARTMENT OF ECONOMIC DEVELOPMENT

SMALL BUSINESS ASSISTANCE MATCHING GRANT PROGRAM
 Project Plan, Budget, and Timeline

Project Calendar and Budget (Major Items)

Expected Your
Project Item (Equipment purchase, construction, purchase/service Grant Funds Matching
Total Cost
etc.) Date Amount Funds
(Month & Year) Amount

Marketing Related Budget Items

Specific Item Anticipated Grant

Your Matching
(brochure, design services, display production, Completion Date Total Cost Funds
Fund Amount
tradeshow registration, etc.) (Month and Year) Amount

TOTAL BUDGETED AMOUNT

TOWN OF WARRENTON DEPARTMENT OF ECONOMIC DEVELOPMENT

SMALL BUSINESS ASSISTANCE MATCHING GRANT PROGRAM
 APPLICATION DEADLINE:

Applications will be accepted per the deadline noted in the email notice to businesses.

At the end of the application acceptance period, the Town of Warrenton Department of Economic
Development (DED), in concert with the Fauquier County Department of Economic Development and the
Economic Development Authority (EDA), will select applicants to receive matching funds. Matching funds
will be distributed from the EDA once the applicant completes work and submits the Application for
Reimbursement.

FOR QUESTIONS AND CLARIFICATION:

Contact
Town of Warrenton Department of Economic Development
19 Culpeper Street, Warrenton, VA 20186
Phone: (540) 935-2327
Thomas G. Wisemiller
e-mail: [email protected]

The application is available for download from the

Fauquier County Department of Economic Development website:
www.FauquierBusiness.com

TOWN OF WARRENTON DEPARTMENT OF ECONOMIC DEVELOPMENT

SMALL BUSINESS ASSISTANCE MATCHING GRANT PROGRAM
 Business Assistance Grant Program
GRANT APPLICATION

__________________________________________ ______________________________________
Business Name EIN

___________________________________________ ______________________________________
Applicant’s Name Title

____________________________________________________________________________________
Registered Business Address

___________________________________________ ____________________ _________________

City State Zip Code

___________________________________________ ______________________________________
Website Address Email Address

Current Business Type

 Sole Proprietor Years in Business _____________________

 Limited Partnership
 Corporation Number of Employees __________________
 “S” Corporation
 Other _______________________ Annual Revenue _______________________

Briefly describe your current business:

____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________

Does your company have a presence on the web?  Yes  No

If yes, your current web address:_____________________________________
Approximately how many visitors/customers does your business receive each year? __________________
Do you currently market/advertise your business?  Yes  No
If yes, what are your primary methods of advertising? (please check all that apply)
 Print  Online/Internet  Social Media  Radio  TV  Other
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Project Information
Please attach (up to three) additional pages addressing the following:
 Project Description - In detail, describe your planned project;

 Project Goals - What do you hope to accomplish by implementing this project?

 Measurements - How will you measure the effectiveness of project implementation?

 Project Outcomes – How will the project benefit your business (projected net new revenue as a result of
the project)?

 Business License – Please attach a copy of your company’s business license, if applicable. If your
business license is pending, please make note in your application.

 Zoning Letter – If your project involves building renovations, remodeling, a possible change in use (e.g., on-
site food production) etc., please request a zoning compliance letter from the Town of Warrenton Planning
Department (it should take less than 30 minutes and can save you time and unnecessary expenses in the
long run).

Anticipated Project Budget

Total Project Cost: $___________________ Anticipated Start Date: __________

Requested Grant Funding: $___________________ Anticipated Date of Completion: __________

Funds provided by Business: $___________________

Project Vendors
Is this vendor located
Please list chosen vendors: in Fauquier County?

Business Name: _________________________________  Yes  No

Service provided: ________________________________

Business Name: _________________________________  Yes  No

Service provided: ________________________________

Business Name: _________________________________  Yes  No

Service provided: ________________________________

Business Name: _________________________________  Yes  No

Service provided: ________________________________

Please Note: Preference will be given to applicants engaging other Fauquier County businesses in the project.

Changes in vendors, made after the application is submitted, must be approved by the Town of Warrenton.

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By signing this application, I understand and adhere to the guidelines set forth in the Business Assistance
Matching Grant Program criteria. I understand that this application in no way represents grant acceptance and
that the application is subject to review by the Town of Warrenton Department of Economic Development, the
Fauquier County Department of Economic Development (FCDED), and the Economic Development Authority
(EDA). A performance agreement with the Economic Development Authority shall be required as a condition of
the grant. If I receive grant funding for my project, I will agree to allow the Town of Warrenton, Fauquier County
Department of Economic Development, and the Fauquier County EDA to promote the project in grant-related
marketing materials, press releases, news articles, and otherwise reference the project for publicity, marketing,
or advertising purposes. I also acknowledge the financial responsibility of providing matching funds in an
amount equal to any grant awarded upon project completion, should my company receive this grant.

__________________________________________ ___________________ __________________

Applicant’s Signature Title Date

Checklist for Completion of Application:

To apply, please submit the following:

 Application Form
 Project Information pages
 A copy of your Town of Warrenton business license

 Zoning Letter (if applicable)

 Check here if you will be submitting a copy of your license with your Application for
Reimbursement

Information should be sent by mail, to:

Town of Warrenton Department of Economic Development
19 Culpeper Street
Warrenton, VA 20186
Attention: Thomas G. Wisemiller

Sponsored by
Town of Warrenton Department of Economic Development,

Fauquier County Department of Economic Development

and
Fauquier County Economic Development Authority

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