ONANCOCK 1630 VIROINIA'S EASTERN SHORE  Town Council: Ray Burger, Thelma Gillespie, Cynthia Holdren, Joy Marino, Sarah Nock and Maphis Oswald  Mayor: Fletcher Fosque I Town Manager: Matt Spuck  Planning Commission May 2, 2022 5:30PM Council Chambers  Agenda  1) Call to Order  2) Attendance! Establish Quorum  3) Review meeting minutes from April 4, 2021, meeting 4) Special Use Permit - Homestay- - 60 Kerr  5) Commissioner Ordinance Review and Discussion, Previously Discussed:  (a) Article VII: Business Waterfront (B-W) (b) Article V: Business, Downtown, District (B-1) 6) Commissioner Review of Ordinance for Future Discussion  (a) Article XI: Sign Regulations  (b) Article' VI: Business, Highway, District (B-2)  7) Commissioner comments 8) Adjourn  15 North Street I Onancock, Virginia 23417 I 757.787.3363 I onancock.com    Town of Onancock Planning Commission Meeting Monday, April 4, 2022 5:30PM  1) Callt to Order  Chairperson Schreiber called the meeting to order at! 5:30 PM.  2) Attendance/Establish Quorum  Chairperson Schreiber, Commissioner Brockmeier, Commissioner Tunstall, Commissioner Byrd, Commissioner Fosque were present. Commissioner Byrd and Commissioner Frey were not present.  Aquorum was established. 3) Minutes  Town Manager Matt Spuck and Town Clerk Debbie Caton were present.  Chairperson Schreiber asked for a motion to approve March 7,2022 minutes as presented. Commissioner Tunstall made a motion to approve. Commissioner Brockmeier seconded the motion.  The motion was approved by 5-0 vote.  4) Review March through June discussion topics.  The April 4,2022 agenda listed ordinances to be reviewed each month by Planning Commission. The recommendation to make changes (or not) to these ordinances will be presented to Town Council. The published schedule was changed because Town Counçil felt it necessary to expedite the review of Business Waterfront - BW district. The Town Council and citizens expressed concerns if other parcels are sold within the BW district that we need a clearer ordinance governing the use of property. The  revised schedule is as follows:  (a) May- BW -Business Waterfront and B1 - Business Downtown District  (b) June-B2-Business Highway District  (c) July -Spot blight  April discussion focused on B1 ordinance. The recommended changes are to include apartment by right on second floor, allow Homestay by right but require special use permit, eliminate the cluster rule thati is currently part of the Homestay ordinance and: suggested solutions to public parking. All changes will work toward the Comprehensive Plan and a clear vision of Onancock's future. Matt Spuck will update the ordinances for review at the May meeting. The May meeting will also include recommend changes  to BW District.  5) Chapter 34-1 Utilities approved by Town Council.  Matt updated the Commission that the zoning designation to allow sewer pumping stations in town was  6) No new agenda items were recommended. 7) Meeting adjourned at 7:00 PM.    TOWN OF ONANCOCK 15 NORTHS STREET ONANCOCK, VIRGINIA. 23417 SPECIAL USE PERMIT APPLICATION  Applicant's Name: Diana K. Reed  Address: 413 Sinclairst NochKVA 23505  Telephone: 757 389-1080 Location & Legal Description of Property Proposed*: #(0 Kerr ST.  Date:.  4-3-22  Toy Parcels # 85A2-19-1 85A2-19-2  See AHachment # 2 No. of total guests (for homestay applicants only): No.ofproposed parkingspaces (for homestay applicants only): 2- Parcel Number: 085A21900000100  4  Zoning Classification: SinglFamily Residentalbisterd (R-I Name and telephone number for local emergency contact: Pete Messick  Broker-DOwne Peninsula 4suaaNNe Description of Proposed Use: Horastey/Sarfton Rentfor 607-6036  pertudsof fime notto aycecal faruwelks.  Home faX will he  be Irsted thrauyk AirBnB or  VRBD.Fapdly  locally ny Pete Messick, inslagt-balr,  whe resides N Melfa  Myhusband and Twill use theprperty for  brief perids of Hme througlout fhe  U,  yar.  Wedo nt own any other Honestay properhes in Onancock  or elsewhere.  The prperly was purchase/closed on 3-31-22: (* Sue HUD AHachment #LE Please do not post thts on the publrcly viewed Town Council ninues)  (757)787-3363 Phone  (757) )787-3309 Fax  www.gnancock.com Website    TOWN OF ONANCOCK 15NORTHSTREET ONANCOCK, VIRGINIA 23417  Icertify that the information listed above is true and accurate to the best of myl knowledge, andlwill comply with all provisions of the Code for the Town of Onancock.  Quiwk.led Signature of Applicant  4-3-22 Date  *For requests to operate homestays, the applicant must attach a site plan that provides location of the home, setbacks from all property lines and the street, no. of proposed parking spaces, and traffic flow patterns entering andi leaving the property. The zoning administrator will conduct a site visit of the property as part of the review of the application.  (757)787-3363 Phone  (757)787-3309 Fax  www.gnancock.com Website    Diane K. Reed-  Dwner 60 Kerr St. AHadment  Accomack & Northampton! Surveying & Mapping PLLC  Marshall B. Parks LS #2995 22248 PARKER'S LANDING ROAD BLOXOM, VIRGINIA 23308 oiteringa0eyahoo.com 757-709-4192 March 20, 2022 A&NJOB#1363  #2  Legal Description  Accomack County Taxi Parcels #85A2-19-1 & 85A2-19-2 #60 Kerr Street Town of Onancock, Virginia  Beginning at ani iron pipe set at the southeast corner of thei intersection of Kerr Street and. Jackson Street thence along the southern side of Kerr Street a bearing of S 78D: 30' 00" Ea distance of 95.57'to ani iron axie found at the corner of Tax Parcel #85A2-19-2A owned by Carroll B.. Justis III Testamentary Trust. Thence along the property! line of Carroli B.. Justis III Testamentary' Trust a bearing of S 08D 50 26" Wa a distance of 174.64' to ani iron axle found att the corner ofTax Parcel #85A2-19-4 owned by Shore' Waves Properties LLC. Thence along the property line of Shore Waves Properties LLC thet following two courses: at bearing of N 78D: 25' 23" W: a distance of 31.48' to an iron pipe found thence N7 78D25'2 23" Wac distance of 63.25' to an iron pipe found on the eastern side of. Jackson Street. Thence along the eastern side of Jackson! Street al bearing of N 08D 33' 48" Ea distance of 174.55' to the Parcel having an area of 16,592 SF or 0.381 Acre. Better known as Accomack County Tax Parcels 85A2-19-1 & 85A2-19-2. Also Known as Lot #1 and part ofl Lot #2 "Map of the A.P. Platt Property" recorded in Plat Book 2, Page 351 ini the Land Records of Acçomack County, Virginia.  point of beginning.    - 4k 1  POINTS MARKED AS SHOWN HEREON. AND THAT THEIR LOCATIONS ARE CORRECTLY SHOWN. THIS SURVEYIS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES. AND: STANDARDS ESTABLISHED BY THE VIRGINIA BOARDI FOR ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED INTERIOR DESIGNERS, AND LANDSCAPE ARCHITECTS. THIS PLAT IS BASED ON 4 CURRENT  MARSHAL B. PASKS No. A Lic. 2995 G NO  FIELD. SURVEY. AHachment #3 GENERAL NOTES: 1. TAX PARCEL: 0854219000001004 085A219000000200 2. OWNERS: JAMIE 5 HOFFMAN 3. SOURCE OF TITLE: INST. 210003866 4. A SURVEY WAS PERFORMED ON THIS PROPERTYIN MARCH. 2022 WITHA. BOUNDARY GLOSURE WHOSE PRECISION EXCEEDS 1:10,000. 5. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OFA CURRENT TITLE REPORTAND MAY NOTS SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAYAFFECT SAID PROPERTYAS. SHOWN OR WETLANDS, ENVIRONMENTAL HAZARDS, CEMETERIES AND UNDERGROUND STRUCTURES NOT OBSERVED, DURING THE COURSE OF THE. SURVEY. 6. ACCORDING TO THE FEDERAL EMERGENCY, MANAGEMENT, AGENCY (F.E.M.A.) FLOOD INSURANCE RATE MAP COMMUNITY, PANEL NO. 51001C 0630G THE PROPERTY SHOWN HEREON UES IN FLOOD. ZONEX. FLOOD ZONE DETERMINATION IS BASED ON THE FLOOD. INSURANCE RATE MAPAND DOES NOTI IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE FREE FROM FLOODING OR DAMAGE. FLOOD. ZONE INFORMATION. SHOWN HEREON 15 NOT GUARANTEED. AND WAS APPROXIMATELYS SCALED FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY/REMAJ) FLOOD INSURANCE RATE MAPS. FOR FURTHER INFORMATION, AND TO CONFIRM THE FLOOD. ZONE FOR THIS PROPERTY, CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL. 7. AREA: 16,592 SQ. FT. 0.381 ACRES. 8. PLAT REFERENCES: 1) PLATBOOK. 2, PAGE 35 2) PLAT4 BY ACCOMACK8 NORTHAMPTON: SURVEYING & MAPPING PLLC DATED MAY. 10, 2017 TITLED "PHYSICAL SURVEY OF #58 KERR. STREET" SIGNED BY MARSHALL PARKS 45.  AXLE FOUND  IOADAIMSATE  POWER POLE S PIPE FOUND  IOPINES STREET POWER POLE I RWLINE 'AXLE FOUND  BPE FH PIPE SET SIGN  KERASTRE  e  STREET  WM  30.2 PORCH 30.4 kof 2-STORY FRAME 20 #60 3.2 1961 0. 0' PAC TAX PARCEL #85A2-19-1 & #85A2-19-2  /0 AC  FENCE FLFimon CARROLL B. JUSTIS III TESTAMENTARY TRUST INST. 210006523 REMAINDER OF LOT#2 (PB2, P.35) 85A2-19-2A  DATED 05-18-15,  FRAME yah NGARAGE 7 OAfstreet CHEAR N 6325 4.0' 2523W PIPE FOUND  Parkmg rzr WOOD FENCE 34 4.2 1.48 AXLE FOUND  1-STORY PIPE FRAME FOUND #16  SHORE WAVES PROPERTIESL LLC LOT4 (PB4,P.35) INST. 200002385 85A2-19-4  STOB FOUND  PHYSICAL SURVEY 60 KERR STREET BEING LOT, #1 & PARTOF LOT #2 (PLAT BOOK 2, PAGE3 35) LOCATED IN THE TOWN OF ONANCOCK  30 9  30  60  90  GRAPHIC SCALE - FEET ACCOMACK-NORIHAMPION SURVEYING & MAPPING 36308 Lankford Highway. Belle Haven, Virginia 23306        a    CSSB 88888 6606 AKle 08888  G 30  d0  088    Town of Onancock Misc. Payment Payment Date: 04/06/2022 Reprint Date: 4/27/2022  CUSTOMER NAME & DESC. OF PAYMENT  DIANA K REED  CK# 1318 SPECIAL USE PERMIT 60 KERR STREET  Cash: Check: Charge: MoneyOrder: Total Fee: TOTAL PAID: Change Due: Details: ZP  $0.00 $150.00 $0.00 $0.00 $150.00 $150.00 $0.00  $150.00  Operator: Receipt#:  2 26248 THANK YOU!    PARTII- CODE OF ORDINANCES Chapter 38 ZONING ARTICLE VII. BUSNESSWATERFRONT DISTRICT (B-W)  ARTICLE VII. BUSINESS-WATERFRONT DISTRICT (B-W)  Sec. 38-205. Statement of intent.  Certain types of commercial activities either require waterfront lecation, erlocation or are enhanced by such location. The purpose of this district is to provide ar multi-use district allowing compatible and complementary water-dependent businesses. Certain limitations may! be imposed to protect residential desirability of adjacent neighborhoods ande enhance thet town's tidal water resources.. As a general rule, uses which do not require  waterfront locations are not permitted ini the B-W District.  (Code 1989, $24-45; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of7-14-1997) Sec. 38-206. Principal permitted uses and structures.  The following uses and structures shall be permitted by right int the Business Waterfront District (B-W) (1) Marinas andy yacht clubs, ands servicing facilities for the same, including boat storage, fueling and repair  subject to the provisions herein:  of watercraft. (21 Marine sales and services.  (3) Retail shops and outlets in seafood; marine related equipment sales and repairs.  (4) Facilities for the landing, storage ands shipment of seafood and shellfish. Specifiçally, those activities (5) Boat ramps, dock, piers and related facilities available to local or transient boaters. (6) Waterborne commerce, including docks anda areas for the receipt, temporary storage, trans-shipment (7) Recreational activities primarily conducted on a waterfront provided that such uses shall be contiguous  conducted byl local waterman.  and freighting of waterborne commerce.  toawaterfront.  (8) VIstongesmdeghingetpetsekeum. (9) Signs, as permitted in article XI of this chapter.  (10) Public utilities. Poles, lines, transformers, pipes, meters and similar facilities; water and: sewer  distribution lines. (11) Public parking  (12) Restaurants as defined in 516-340  (Code 1989, $ 24- 46; Ord. eff. 6-5-1962;Ord. of3-24-1997;Amd.of7-14-1997)  Sec. 38-207. Special exceptions.  heelowinguxeshailegemiteAny. other use in the Busines-Waterfront District (B-W), subject to all the other requirements oft this chapter, only upon the obtaining ofaspecial use permit from the town council,t  Onancock, Virginia, Code of Ordinances  Created: 2022-02- 03 11:08:14 [EST)  (Supp. No.2)  Page 1 of3    (1) Beatbuildings BOlcebuldings  (2) Motels,hotels,innsandsedandresHasHypeinns.  -R----ad-tew.  S-Gistoresand4pecPhePelaSwseses-PetNayshepsand-etsibusineses-n (61 RNSPMeNEaeweereaaslae hisshallewchudecondominvms,asasdelinedinthe  moeH,ReNeANE.  MRAPSHeSe 4.2,10-45511909.  HaMdmw,  (Code 1989, $7447,0rd.e#.651982,0nd03241597,Amd.of714197,  Sec. 38-208. Setback regulations.  Structures shall bel located five feet or more from any street right-of-way. (Code 1989, 524-48; Ord.0f6-5-1962; Ord. of 3-24-1997; Ord. of7-14-1997)  Sec. 38-209. Height regulations.  Buildings may be erected upt to 35 feet or 2% stories high, except that: (1) Accessory buildings shall bel limited to 11 % stories high.  (2) Public utilitys structures, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, residential television antennas and residential radio aerials are exempt. Parapet walls may be up to  four feet above thel height oft the building on which the walls rest. (Code 1989, $24-49; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of7-14-1997)  Sec. 38-210. Limitations to Protect Residential Community and Other Supplemental  regulations.  (a) No activity whichi involves the use or handling of any noxious materials (any materials which are injurious to health upon casual human exposure without protective clothing or other protective equipment), no materials which have an offensive odor (as determined byaz 2/3 majorityofs property owners within1,000 feet of the operation), no waste and waste-related material, including materials for recycling and no (b) For permitted uses requiring an inventory of materials for onsite construction or repair, such materials shall (c) Non-retail operations maynot operate between the hours of 5PM and 7AM Monday through Thursday and (d) As truck traffic negatively: affects the residential character of the Town.transportingl materials on or off the  radioactive materials shall be permitted in this district.  be stored under cover.  maynot operate between 5PM Friday and 7AM Monday. propertys shall be limited to no more than 30 cubic yards per day  Created: 2022-02-03 11:08:14 [EST)  (Supp. No.2)  Page 2of3    (e) Noise levels for any operation, including equipment or safetysystems may not exceed 50 decibels, which shall be randomly monitored by Town personnel. or by complaint, with Town provided equipment and () Loading, unloading, handling, or transporting any material that may cause dust or residue of any kind that may be affected byy wind shall be mitigated by fully enclosing the material handling process, watering the material asi itis handled to mitigate dust but not cause run offinto the Creek, and screen the property edge  measured from the property edge.  with natural barriers,  (Code 1989, 524-50;Ord.eff.6 651982,0rd.0l324199724199/,Amd.dl714.997,  Sec. 38-211. Penalties.  (a) Penalty for violating any regulation within this section is equivalent to a Class 41 Misdemeanor: and subject to the maximum fine of $250, or that maximum established by the Commonwealth of Virginia. Each violation  willl be treated as as separate violation and subiect to the maximum fine per incident.  Secs. 38-2124--38-228. Reserved.  Created: 2022-02-03 11:08:14 (EST]  (Supp. No.2)  Page3of3    PART 1l- CODE OF ORDINANCES Chapter 38- ZONING ARTICLEV.BUSINESS, DOWNTOWN, DISTRICT(B-1)  ARTICLE V. BUSINESS, DOWNTOWN, DISTRICT (B-1)  Sec. 38-148. Statement of intent.  This district is intended to provide for the conduct of limited business which provide convenience, goods and  services to town residents and those people livingi in close proximity to the town. (Code 1989,524-31; Ord. eff.6-5-1962; Ord. of3 3-24-1997; Amd. of7-14-1997) Sec. 38-149. Principal permitted uses and structures. The following uses shall be permitted by right: (2) Professional andl business offices. (3) Banks and lending institutions.  (1) Apartments on floorsabove the ground IgorAtessowysuidines.  (4) Theaters  (5) Restaurants, as defined in 16-340, micro-brewery, or catering establishments.  (6) Signs as permitted under article XI of this chapter. services, and shoe repair shops.  (7) Retai-Personal: service retailstores, such as, but not limited to, barbershops, beauty parlors.spa (8) ioreslorBetalsales153,Wo,PWAAdyewwtVAeral merchandise,loodandloodpreduetsefany-indinehdingpredwetiomolbakerygsesds-ferretailsale thesomeestabishment,hadware,olieswppleyanesandsimiarretals establishments. (9) Pwbicutite,Ada-ww-ersaw. eesayOFMePMoAMASANENEd'PBVEAMAEwaranasewogeiscHes, Fansmission-ines,tnsisentowersandelectealsubstlomsaremoideemesmesessaryfaciities  underthissetion: (10) Virginia ABC Stores. (12) Exercise, gyms. Apartments) (14) Hotels with up to 10rooms (15) Churches and other places or worship (16) Public or Farmer's Market (17) Public Parking  (11) Libraries.museums. education facilities.  (13) Homestay,as defined in 38-77 herein, in apartments on floors above the ground floor (Business  (18) Public outdoor spaces chdnirommuniyarces  Onancock, Virginia, Code of Ordinances  Created: 2022-02-83 11:08:14_[EST)  (Supp. No.2)  Page elof3    (19) Art galleries ors studios  (Code 1989, 524-32; Ord. eff. 65198401d01324159/Amda17.141597  Sec. 38-150. Special exceptions. chapter, from the town council,t (1) Clubs-and-lodges. (21 Churches  RelolewnEwResha be permittedAny other use int the Business, Downtown, District (B-1), subject to all of the other requirements of this chapter, only upon obtaining as special use permit, as defined in article) XV ofthis  #---------ww.e. -Peilapuien,Psd--wcamwsemeN  (5) Hetels  (6) MEHKCNbS,eSRinEAnGNaLANentstpoweslvesmplfiedmusie, aeNe,eAyDlA Ad/oFdamcimgbetwelweenihehoNew8H900p--6600amprovided, howeverhstanyepecdal MsePHA-SSHeSHOFtevaNlorssdeypenwesvAherrenewedbythe-town  derswtesMetemsssdeyaesa. 7 Oper-ai-preduceduceandartsanderoftsmarkets. 2003; Mo. of2-22-2010; Ord. No. 0-06-2012, 524-33, 10-22-2012)  (Code: 1989,524-33; Ord. eff.6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of7-27-1998; Amd. of2-24-  Sec. 38-151. Area regulations.  There are no area regulations for the Business, Downtown, District (B-1).  Sec. 38-152. Setback regulations.  There are no setback regulations for the Business, Downtown, District (B-1).  Sec. 38-153. Frontage and yard regulations.  There are no frontage and yard regulations for the Business, Downtown, District (B-1).  Sec. 38-154. Height regulations.  (a) Buildings may! be erected to al height not to exceed: 21 % stories or 35 feet.  (b) Public utility structures, church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennas and radio aerials are exempt. Parapet walls mayl be to fourt feet above thel height  oft thel building on which the walls rest.  (c) No accessory building may! be more than 13 % stories or 20 feet in height. (Code 1989,52437;Ord.: ef.6-5-1962;Ord.of3241997,Amd.of7-14-1997)  Created: 2022- 02-03 11:08:14 EESTI  (Supp. No. 2)  Page2of3    Sec. 38-155. Parking in B-1.  (a) Parking on public streets allowed between thel hours of 5:00am and 3:00am (no parkingb between 3and  5am).  (b) Parking by permit only in Town owned parking lots after 10:00pm  Secs. 38-155156-38-176. Reserved.  Created: 2022-82-03 11:08:14 [EST)  (Supp. No.2)  Page 3of3    PARTIL- CODE OF ORDINANCES Chapter 38- ZONING ARTICLE) XI. SIGN REGULATIONS  ARTICLE XI. SIGN REGULATIONS  Sec. 38-405. Statement of purpose.  Thei following sign regulations are established to ensure compatibility of signs with surrounding land usage, to enhance the economy of the town, to protect the publici investment in streets and highways, to promote the safety and recreational value of public travel, to preserve natural beauty and to promote the reasonable, orderly  and effective display of outdoor advertising.  (Code 1989, 524-73; Ord. eff, 6-5-1962; Ord.o of3-24-1997; Amd. of 7-14-1997)  Sec. 38-406. Advertising outdoors regulated.  Nop person except ap public officer or employee in performance of a public duty, shall paste, post, paint, print, nail, tack, erect, place, maintain or fasten any sign, pennant, flags, outdoor advertising signs, billboard or notice of any kind, or cause the same to be done, facing or visible from any public street or public open space, except as  provided in this article.  (Code: 1989, $24-74; Ord,e.65-1962;0rd.0f3-24-1997; Amd. of7-14-1997) Sec. 38-407. Signs and flags permitted by right in the various districts. (a) The following are signs and flags permitted byr right ini the various districts:  (1) Memorial tablets or signs.  (2) Signs required tol be maintained byl law or governmental order, rule or regulation, witha at total surface (3) Signs which are within al ball park or other similar private recreational use and which cannot be seen (4) Flags or emblems of civic, governmental, philanthropic, educational or religious organizations, and (5) Signs displayed for the direction or convenience of the public, including signs whichi identify restrooms, location of public telephones, freight entrances, no trespassing and posted signs or thel like not  arear not exceeding ten square feet on any lot or parcel. from aj public street or adjacent properties. corporate designed flags.  exceeding at total area of eight square feet per sign.  (6) Signs placed by a public utility showing thel location of underground facilities.  (7) Church bulletin board and identification signs witha ai total surface area not exceeding 20 square feet (8) Home occupation signs with at total surface area not exceeding four square feet per sign. (9) Upt toi four signs, not to exceed four square feet each, advertising thes sale or rent of the: specific  per sign.  premises where thes signi is located.  Onancock, Virginia, Code of Ordinances  Created: 2022-02-03 11:08:15 [EST]  (Supp.No.2)  Page 1of3    (10) Signs or a combination ofl letters may be attached to al building or structure, where business is conducted on the premises, for thep purpose of advertising and displaying the name, address, and/ora (11) Signs advertising only the price of a product, provided that the sign is attached to a permanent structure on the specific premises where the business is located. These signs shall be! limited to the B-1, (12) In the B-1 and B-W districts, but noti in residential districts, up to 32 square feet ofs signage shall be permitted by right only on thes specific premises where thel business is located, subject to other applicable provisions of this article. See B-2, Business District Highway for specific provisions relating to  business slogan, of the specific business.  B-2and B-W districts.  that district.  (b) Alls signs and supporting structures shall be maintained in good repair. (Code 1989, 52475,0nd,e#i.651962.08.01324.99/Amd.0f7.14.4997)  Sec. 38-408. Determination of sign area.  Inmeasuring the area of signs permitted under these regulations, the entire face of the sign (on one side only) shall bei included. Where both sides oft the sign contain lettering or other allowable display, one: side only shall be used to compute the allowable size of the sign. Where thes sign consists of individual raised letters or a sign face of irregular shape, thes sign areas shall include the area oft thes smallest rectangle that can encompass thel letters  or sign face.  (Code 1989, $24-76; Ord. eff.6-5-1962; Ord. of 3-24-1997; Amd. of7 7-14-1997)  Sec. 38-409. Height regulations.  Signs shall not exceed al height of 201 feet above ground level or the street to whichi iti is oriented, whichever  is higher. In no case will any sign project above the top oft thel building to whichi iti is attached. (Code 1989, $24-77; Ord. eff. 65498220d.0l324199, Amd. of7-14-1997)  Sec. 38-410. General regulations.  (a) Except for authorized traffic signs, no sign shall be erected at the intersection of any streets in sucha ai manner as to create at traffic hazard by obstructing vision between heights of2% feet and eight feet; or at any location where it mayi interfere with, obstruct the view of, or be confused with any authorized traffic sign. (b) No sign willl be erected which imitates or resembles any official traffic: sign, signal or device or uses the words "stop" or' "danger" prominently displayed or presents ori implies the need or requirement of stopping or the (c) No sign will be erected which advertises any activities which are illegal under state or federal law or regulations in effect att the location of such sign or at thel location of such activities. (d) No sign willl be erected which isi inconsistent with: statel law or the provisions of this chapter. (e) No sign will be erected whichi involves noise, motion or rotation of any part of the structure or displays (f) No sign will be erected which is mobile. Except for signs attached tol buildings or permanent structures and those permitted in section 38-407(9) and (10), all other signs of whatever type or size permitted in this  existence of danger on any street.  intermittent or flashing lights  Created: 2022-02-03 11:08:15 [EST]  (Supp. No.: 2)  Page 2of3    chapter shall be permanently anchored in concrete or permanently attached to piling or posts firmly embedded in the ground. All wheels and other portable structural equipment shall be removed from the  structure.  (g) The bottom of an overhanging sign shall be at least eight feet above the ground. (Code 1989, 52478.0d.d1.651982,0rd.01324197: Amd. of7-14-1997)  Sec. 38-411. Nonconforming signs.  Any sign lawfully in existence at1 the time oft the effective date of the ordinance from which this chapter is derived may ber maintained although it does not conform with the provisions of this chapter. Such nonconforming signs shall comply in all respects withi the requirements of article XIII of this chapter relating to nonconforming uses. Ifsuch nonconforming signi is destroyed, demolished, or removed due to any reason, its shallr not be replaced  without complying with all provisions oft this article XI.  (Code 1989, 1247,00.1.51982044 of3 3-24-1997; Amd. of7-14-1997)  Sec. 38-412. Off-premises signs.  Off-premises signs are not permitted in any district except for civic, philanthropic or religious organizations.  Off-premises signs shallr not exceed three square feeti in area. (Code: 1989, 524-80;Ord.eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)  Secs. 38-413--38-437. Reserved.  Created: 2022-02-03 11:08:15 (EST]  (Supp. No.2)  Page 30f3    PARTI II- CODE OF ORDINANCES Chapter 38 ZONING ARTICLEVI. BUSINESS, HIGHWAY, DISTRICT(B-2)  ARTICLE VI. BUSINESS, HIGHWAY, DISTRICT (B-2)  Sec. 38-177. Statement of intent.  Itist thei intent of this district to provide appropriate locations for al broad range of commercial activities which are characterized by! heavy truck and vehicle traffic and occasional nuisance factor and which are highway  oriented.  (Code 1989, 52438,Ond,e.,651962.00.01341997,Amd.0t7-14.197, Sec. 38-178. Principal permitted uses and structures.  The following uses and structures shall be permitted byr right subject to other provisions herein:  (1) All permitted usesi int the Business, Downtown, District (B-1).  (2) Supermarkets. (3) Churches.  (4) Automobile service stations, with repairs under cover. (6) Marine sales and service, with repairs under cover. (7) Machinery sales ands services, with repairs under cover.  (5) Wholesale and retail plumbing and electrical supply, withs storage under cover.  (8) Carwashes. (9) Funeral homes. (10) Hospitals and medical clinics. (12) Print shops. (14) Clubs and lodges,  (11) Lumber and building supply, with storage under cover. (13) Signs, as permitted under section 38-183.  (15) Apartments on floors above the ground floor, owner-occupied only, with occupants to use off- street parking. For the purposes ofi this subsection, the term' "owner" means the owner oft the premises, the owner of the business located on the premises or an employee of thel business located on the  premises. (16) Exercise gyms. location.  (17) Mobile food vendors, meaning businesses who sellf food stuffs and/or beverages from a non-fixed (Code 1989,524-39; Ord. e.65-1962,Ord.of3241997,Amd.of7-14-1997; Ord. No. 0-01-2011, 9-26-2011)  Onancock, Virginia, Code of Ordinances  Created: 2022-02-03 11:08:14 [EST)  (Supp. No.2)  Page 1of3    Sec. 38-179. Special exceptions.  The following uses shalll be permittedi int thel Business, Highway, District (8-2), subject to all of the other requirements of this chapter, only upon obtaining a: special use permit, as definedi in article XV of this chapter, (1) Public billiard parlors, poolrooms, dance studios, and similar forms of public amusement.  from the town council: (2) Inns.  (3) Nightclubs. For the purpose oft this section, the term' "nightclub" means an establishment that provides live amplified music, karaoke, disc jockeys (DJs) and/or dancing between thel hours of 9:00 p.m.and 6:00a.m.; provided, however, that anys special exception issued for this use: shall be valid for 365 days only, unless further renewed by thet town council for successive terms of 365 days each.  (Code 1989,524-40; Ord.e eff.6-5-1962; Ord.o of3-24-1997; Amd. of 7-14-1997; Amd. of7-27-1998; Amd. of 6-24-  2002; Ord. No. 0-06-2012, $24-40, 10-22-2012) Sec. 38-180. Setback regulations.  Buildings shall bel located 451 feet or more from anys street right- -of-way. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived to allow the setback line tol be the  average setback of the structures fronting on either side.  (Code 1989, $24-41; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)  Sec. 38-181. Frontage and yard regulations. the provisions contained in article XII of this chapter. (b) Main buildings shall have at ten-foot rear yard setback (c) Accessory buildings shall have a ten-foot rear yard setback  (a) For permitted uses the minimum sidey yard shall bei ten feet and off-street parking shall be in accordance with  (Code 1989, $24-42; Ord. eff.6-5-1962; Ord. of3-24-1997; Amd. of7-14-1997; Amd. of1-10-2000)  Sec. 38-182. Height regulations.  Buildings may be erected upt to al height of 35 feet, except that:  (1) Buildings mayl be erected to a height of more than 35 feet, provided that both required side yards setbacks are increased one foot for each footi in height by which the building exceeds 351 feet. In no (2) Public utilitys structures, church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennas and radio aerials are exempt. Parapet walls may be upt to four feet  cases shall thel building height exceed 60 feet.  above thel height of the building on which the walls rest. (3) No accessory building shall be more than 11 % stories high.  (Code 1989,52443;Ord.ei.651962,Ord.0f324.4997:Amd.of7-14-1997; Amd. of1-26-2004; Amd. 3-27-  2006)  Created: 2022-02-83 11:08:14[EST)  (Supp. No.2)  Page2of3    Sec. 38-183. Signage regulations.  Upt to 100 square feet of signage shall be permitted by right only on the specific premises where the business isl located, subject to other applicable provisions of article XI of this chapter. A special use permit shall ber required for signage over 100 square feet. The zoning administrator shall be required to approve or disapprove thei issuance  ofs such permit.  (Code 1989, $24-44; Ord. eff. 6-5-1962;Ord. of3-24-1997;Amd.of7-14-1997)  Secs. 38-184--38-204. Reserved.  Created: 2022-02-03 11:08:14 [EST)  (Supp. No.: 2)  Page 3of3