ASHLAND TOWN COUNCIL AGENDA February 18, 2014 – 7:00 p.m. AMENDED

1. CALL TO ORDER

A. Invocation – Councilman Steve Trivett B. Pledge of Allegiance to the Flag - Mayor Faye Prichard C. Announcement of Council business - Mayor Faye Prichard

2. PRESENTATIONS

A. Resolution: John Cox* B. Bluemont Concert Series - Ms. Lily Rose Dunning, Executive Director C. Summary of Urban Land Institute's Reality Check Exercise at the Siegel Center - Mr. John Hodges and ULI presenter

3. CITIZEN INPUT

4. PUBLIC HEARINGS

A. ORD2014-01: An ordinance to amend the FY2013-2014 budget of the Town of Ashland - Mr. Farrar B. ORD2013-11 is an ordinance to amend The Code of the Town of Ashland, Chapter 21 “Zoning,” Article I “In General,” Section 21-3 “Definitions,” and Article XX “Signs,” Section 21-207.1 “General Provisions,” to clarify conflicting sign definitions within the Code, and to void time restrictions on displaying of political signs due to a conflict with federal law. - Ms. Amos

5. CONSENT AGENDA

A. Minutes: February 4, 2014

6. ACTION AGENDA

7. DISCUSSION

A. Second Quarter Financial Report – Mr. Farrar

8. NEW BUSINESS

A. Mayor’s Report* B. Council Member Reports* C. Committee Reports*

9. MANAGEMENT REPORTS

A. Police Department report B. Planning Department report C. Finance Department report

10. ADJOURNMENT

*No attached materials

Section 4 DENSITY VISUALIZATIONS EXISTING CONDITIONS INTENSITY RANGES FOR BASE MAP

Housing Units: Yellow/Tan Legos® (dwelling units per ½ square mile; dwelling units per acre in brackets) Low End High End Range A (1 tan) 80 240 Low {1/4} {3/4} Range B (1 yellow) 320 960 Low to moderate {1} {3) Range C (3 yellow) 1600 2240 Moderate {5} {7} Range D (4 yellow) 3520 4160 Moderate to High {11} {13} Range E (12 yellow) 7360 8000 High {23} {25}

Non-Residential: Blue Legos® (jobs per ½ square mile; average jobs per acre in brackets) Low End High End Range A (1 blue) 640 1,920 Low {2} {6} Range B (2-5 blue) 1,920 7,040 Low to moderate {6} {22} Range C (5-8 blue) 7,040 10,240 Moderate {22} {32} Range D (8-12 blue) 10,240 16,000 Moderate to High {32} {50} Range E (30-41 blue) 38,400 52,480 High {120} {164}

11

SUPPLEMENTAL MAPS AND CHARTS HOUSING MAPS

H R R

H R R

26 Section 6

H R R

S H R R

27 BUS ROUTES Spring Rock Green Rock Spring Chesterfield Creek 20/Swift Commonwealth Richmond/Petersburg Parham Glenside Village Oak White Gaskins Point Stony Glenside/Parham Mechanicsville Azalea Connector Azalea Southside Plaza/Belt Blvd. Connector Blvd. Plaza/Belt Southside Forest Hill Forest Road/Ampthill Ruffin Grove Oak Connector Laburnum 71 73 7 21x 23x 26x 27x 28x 29x 64x 66x 81x 82x 95x 93 74 91 101 Express Routes Express 70 72 295 166 HenricoCounty 0 1 2 3 4 Miles 895 RichmondInternational Airport 60

Highland SpringsRec Area Williamsburg Rd Williamsburg Park-N-Ride

GRTC Transit SystemPlanning Department- December 2012 White Oak Village Creighton Rd Creighton

Hermitage Crestwood/Westbrook West/East Park Highland Chamberlayne Street/Midlothian Hull Chippenham Grove Center Government Henrico Pemberton Jefferson Laburnum South Monument/Church Hill Monument/Church Hill Patterson/Church Fairmount/Robinson Street Broad/Main Pines Seven Riverview Court -Street Mosby - Hill17th Oliver Ave Laburnum 7 28x 7 156 RobinsonPark The ShopsThe at WhiteOak Village

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36 Oakwood Ave Oakwood Park 2

5

GilliesCreek 10 Mechanicsville Tpke Mechanicsville

3 Fairfield Ave Petersburg Park Park-N-Ride 7 Chimborazo 1 288

144 Petersburg Express Petersburg Dill Ave Dill Route 95 - Richmond- - 95 Route 36

Fairmount Ave Mosby St Mosby Park 34 Libby Libby Hill 28x 4

Williamsburg Ave 4th Ave 4th

Meadowbridge Rd 95x RichmondInt'l Raceway

Park

11 17th St 17th JamesRiver Park/ AncarowsLanding 21x Oliver Hill CourtBldg.

Great Great Shiplock

Hotchkiss Ave Monteiro 72

5th St 5th Commerce Rd Commerce 95 195 North Ave RecreationalArea Brookland Park Blvd

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Laburnum Ave Laburnum St 1st

4th St 4th 62 4th St Poe St Canal Walk The ColiseumThe 63

93

32 Chamberlayne Rd Chamberlayne North Ave Chamberlayne Ave 73 BatteryPark 74 Downtown Pollard Park 72 Brown'sIsland 73

37 Jefferson Davis Hwy FederalReserve Bank

22 72 73 1 St 2nd 74 1

Azalea Ave Azalea Harrison St Cowardin Ave Brook Rd 71 HendersonSports Complex 93

301 22 37 St Hull Children's Hospital 93

70 VCU St Maury 1 Va. Union Va. University Campus 23x MonroePark

Leigh St 10 Oregon Park Hill

d 62

26X Hermitage R Bainbridge St Bainbridge 22 62 rkeSprings Park 95 Cemetery 27x

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Cla Broad Rock Rd Rock Broad Park 16

24 Westwood Ave Westwood

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29x

Semmes Ave Semmes N Blvd N CarterJones Belt Blvd Cary St McGuire VA Hospital VA 24 3 James

James River James

Children's Museum ScienceMuseum ofVa. Broad Rock Blvd Rock Broad 24

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62 St Sheppard

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Hamilton St Hamilton ByrdPark St Crutchfield

Jacque St St Mccloy Carytown Midlothian Turnpike Midlothian

J. Sargeant J. Reynolds Community College 195 Blvd Hills Westover 63

6 Ellwood Ave 101 4 63

Douglasdale Rd 197 BroadRock Sports Complex 64x Staples Mill Rd 1 Warwick Rd 18

66x Willow Willow Lawn Rd Street Hull The ShopsThe at

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Government Center Cary Street Rd 250 ChippenhamMall JamesRiver Park Forest Hill Ave 71 16 150 70

ForestAve Monument Ave Charles St Charles

Patterson Ave 71 356 PowhitePark

Park-N-Ride

Horsepen Rd Horsepen Campus Dr Campus Turner Rd SpringRock Green Mall SpringRock Green 63 18 Cityof Richmond

Skipwith Rd ChippenhamSquare Mall RiverRoad HuguenotWoods JamesRiver Park Chippenham Parkway

ShoppingCenter Jahnke Rd Jahnke HenricoCounty Universityof Richmond

CheswickPark Ridge Rd Parham Rd Parham

64x

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Providence Rd Providence Powhite Parkway Powhite Buford Rd 19

2 Cherokee Rd 23x 76

Three Chopt Rd Park-N-Ride Parham Park-N-Ride Bon BaptistAir Church at at StonyPoint Chesterfield County 29x 73 VCU MedicalVCU Center StonyPoint Regency Square Mall FashionPark 6

River Rd Gaskins Rd Gaskins Park-N-Ride

Reams Rd

Patterson Ave

Quioccasin Rd 64x 82x 157

HuguenotPark Huguenot Rd Huguenot 653

Courthouse Rd 147 Chesterfield Towne Center Towne 288

Commonwealth

81x Centre Pky Park-N-Ride ark-N-Ride P Chesterfield Lowe's Commonwealth 20 82x

Route 82 Route Hull Street Rd Street Hull Park-N-Ride 360 Swift Creek Baptist Church

28 Express Creek 20/Swift Commonwealth Section 6

REGIONAL WATER MAP 19 6 9 C o mmis s io n Planning District 64 60 Miles Charles City New Kent 360 1.5 0 3 6 9 12 Henrico 295 60 301 Regional Water Service Area Service Water Regional 895 64 95 95 1 288 95 1 150 195 60 295 Richmond 76 250 150 33 Ashland Hanover Chesterfield 288 360 288 64 Powhatan 522 250 60 Goochland ServiceArea County Boundary Interstate Highway Expressway River

Preparedby: RRPDC, March 2013 29 REGIONAL SEWER MAP 19 6 9 C o mmis s io n Planning District 64 60 Miles Charles City New Kent 360 1.5 0 3 6 9 12 Henrico 295 60 301 895 Regional Sewer Service Area Service Sewer Regional 64 95 95 1 288 95 1 150 195 60 295 Richmond 76 250 150 33 Ashland Hanover Chesterfield 288 360 288 64 Powhatan 522 250 60 Goochland Service Area Service County Boundary Interstate Highway Expressway River

30 Preparedby: RRPDC, March 2013

NOTES

32 A special thanks to our in-kind sponsors Real Estate Photography: New Media Systems

Community Education: Virginia Tech

Game Day Facilitation: Leadership Metro Richmond

Data, Maps and Regional Information: Richmond Regional Plannng District Commission

Game Day Services: Eventive Thinking, LLC

Guidebook design by Stacy Simms

RVA RealityCheck Results

Table RVA of RealityCheck Contents Results

1 Introduction...... 1

2 Acknowledgements...... 2 Steering Committee Special Thanks

3 Investors...... 3

4 Endorsers...... 4

5 Preface...... 5

6 Executive Summary...... 6

7 The Day...... 8

8 Guiding Principles...... 11

9 A Changing Richmond Region...... 13

10 Patterns of Development...... 15 Nodal...... 17 Corridor...... 21 Scatter...... 25

11 Transit...... 29

12 The Collective Vision...... 32

13 Conclusions...... 37

14 Next Steps...... 39

Introduction RVA Reality Check Game Day was the culmination help the region come together to envision patterns of several years of planning by the Urban Land of growth that add value to our economy and our Institute Richmond District Council. On May 14, communities. 2013 these efforts came together in a day-long The event on May 14, 2013 required tremendous event at Virginia Commonwealth University Siegel work from a huge number of volunteers, donors, Center. Over 400 participants, facilitators, scribes, and stakeholders throughout the Richmond volunteers and observers came together to Region. “Game Day” as it has been referred to, envision what the region may become in 2035. was always considered the half-way point for RVA Led by ULI Richmond, in partnership with Virginia Reality Check. Leading up to Game Day involved Commonwealth University and Timmons Group, relationship building and event planning. The next these community leaders were challenged to think phase is just beginning. Now ULI Richmond is about what the region could become, and how working with our partners and regional stakehold- to best implement that vision. Participants repre- ers to take the good work done on Game Day senting diverse constituencies and points of view and turn it into long-term initiatives to improve our met and worked together during the course of a region. morning to allocate the region’s projected housing and job growth by 2035. The overall goal was to

1 Acknowledgements

The RVA Reality Check project would not be possible without the

generous contributions of time, knowledge, resources, and personal

energy on the part of many individuals. ULI Richmond would like to

extend special thanks to the following people:

RVA Reality Check Steering Committee: Tim Davey, Timmons Group Sytira Saunders, Chesterfield County Co-Chair, RVA Reality Check Robert Taylor, Virginia Commonwealth Jeff Geiger, Hirschler Fleischer University Co-Chair, RVA Reality Check David Wilkins, CBRE | Richmond Russ Aaronson, GrayCo, Inc. Abbie Zwicke, ULI Richmond Costa Canavos, Virginia Community Capital Special Thanks to the Andrew Condlin, roth doner jackson gibbons following people: condlin, plc Robert Crum, Richmond Regional Planning Samantha Connelly, McGuireWoods, LLP District Commission

Laura Lee Garrett, Hirschler Fleischer Barbara Jacocks, Richmond Regional Planning

Jonah Fogel, Virginia Tech District Commission

Gloria Freye, McGuireWoods, LLP Michael Kolonay, Virginia Commonwealth University Tom Jacobson, Virginia Commonwealth University Ed McMahon, Charles E. Fraser Chair on Sustainable Development at the Urban Land Brennen Keene, McGuireWoods, LLP Institute

Leisha LaRiviere, Virginia Tech Myra Smith, Leadership Metro Richmond

Mary Katherine McGetrick, Williams Mullen Sarah Stewart, Richmond Regional Planning District Commission

2 Presenters & Partners Presents RVA Reality Check in Partnership with

Silver Sponsors

Part of the CBRE affiliate network

Emerald Sponsors TYPEFACE:

GOTHAM BOOK

COLORS:

GREEN: PMS 369 C per Brand Style Guide

PROCESS BLACK C

3 Bronze Endorsing Sponsors organizations

Greater Richmond Chamber of Commerce Greater Richmond Partnership Leadership Metro Richmond Virginia State University Virginia Tech New Kent Chamber of Commerce Virginia Union University Randolph-Macon College Better Housing Coalition Chesterfield Chamber of Commerce Earthcraft Virginia

BANK American Institute of Architects, Richmond Chapter American Planning Association, Virginia Chapter Historic Richmond Foundation Home Building Association of Richmond Housing Opportunities Made Equal James River Green Building Council Harrigan Neighborhood Housing Services of Richmond Partnership for Housing Affordability and Company Partnership for Nonprofit Excellence Richmond Metropolitan Habitat for Humanity Venture Richmond, Inc. Virginia Community Development Corporation Virginia Downtown Development Association Virginia Local Initiatives Corporation (LISC) Virginians for High Speed Rail Partnership for Smarter Growth

4 PREFACE WHAT IS RVA REALITY CHECK RVA Reality Check Game Day is a map-based exercise for envisioning RVA’s economic develop- ment and community growth. RVA Reality Check is not a traditional conference or a theoretical exercise; it is a visioning activity based on in real world economic, demographic, and geographic data and trends analysis. Participants represent- ing diverse constituencies and points of view met and worked together during the course of a morning to envision the region’s projected housing and job growth by 2035. This event was aimed at exploring what will make the Richmond region a place where businesses will want to locate and where people will want to live.

RVA REALITY CHECK GOALS • Promote a region–wide awareness of ongoing and future levels of growth;

• Recognize the legitimate points of view of different stakeholders;

• Envision how projected housing and employment growth could be allocated in the region;

• Lay the foundation for the next steps which will ensure that high-quality growth takes place during the decades to come.

WHAT RVA REALITY CHECK IS NOT • A regional plan;

• A set of solutions to regional challenges;

• A replacement for the planning work being done by our local government experts.

5 Executive Summary The RVA Reality Check exercise illustrates the importance of land use decisions. The pattern of development over the next 20-30 years will have a significant impact on the financial health and the quality of life of those who live in the Richmond Region. On May 14, 2013, 28 tables of Reality Check participants produced 28 future land use development scenarios for the Richmond Region. The area they considered included the City of Richmond, the Town of Ashland, and the Counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent and Powhatan.

Guiding Principles • 96% of tables talked about preserving natural and/or historic resources • 86% of tables wanted multi-modal transportation options • 68% of tables desired mixed-use developments • 54% of tables cited regional collaboration • 54% of tables cited infill, redevelopment and revitalization as guiding principles

A Changing Region 4 significant general findings came out of RVA Reality Check. 1. As a whole, the participants chose to grow in a denser pattern of development than the current development in the Rich- mond Region. In fact, each of the 28 tables placed their future housing and jobs in a more dense growth pattern than the current jobs and housing in the Region. 2. Participants supported a strong downtown core, paired with significant development throughout downtown metro area. Further, most tables built largely within the existing core of development in the area, taking advantage of existing water, sewer and road infrastructure. 3. The growth patterns mapped out by participants used only a small amount of additional green space in the region. Two tables did not place a single Legos® on currently undeveloped land.

6 4. Transit was a huge focus on Game Day. This was consid- ered an optional piece in the rules laid out for participants, but all tables chose to include transit on their maps. Many tables included significant amounts of mass transit on their maps.

Mapping Participants recommended that new development occur primarily within the existing developed area of the region with strong development within the downtown and surrounding area. NODEL Three distinct land use patterns were apparent from our analysis with many tables using a combination of the three patterns. • Nodal: Characterized by the high density mix of jobs and housing at key locations within a compact development form. • Corridor: Characterized by a high density mix of jobs and housing in a linear pattern along a major street or highway within a compact development form. • Scatter: Characterized by development spread along a wide area, often on agricultural/forest lands.

CORRIDOR Transit • Transit was the biggest surprise on Game Day. Leading up to the day, volunteers anticipated that some participants would opt to include transit, and others would focus just on the placement of Legos®, as the transit and roads were optional. Over 70 percent of the major transportation improvement miles recommended were new or improved mass transit routes. • Strong consensus on the following needed transit corridors:: –– Downtown to Airport 85% –– Route 1 Downtown to Chester 85% –– Route 1 Downtown to Ettrick/Petersburg 70% SCATTER –– Route 1 Downtown to Ashland 70% –– Broad St. Downtown to Short Pump/West Creek 70% –– Route 60 Downtown to Midlothian 70% –– Route 360 Downtown to Brandermill/Woodlake 67% –– Route 360 Downtown to Mechanicsville 63%

7 How We Played The Game RVA Timeline Reality Check Game DaY The Challenge to Participants Over the next 20 to 30 years, 200,000 jobs and 200,000 dwelling units are projected to locate within the Richmond region. On RVA Reality Check Game Day, ULI Richmond and our partners challenged participants to explore how Richmond may change in the coming years, and to envision how the business sector and the wider community can help the Richmond region meet Develop Guiding Principles the challenges of a changing world. Participants were 45 Mins asked to address the question:

“What will make Richmond a place where

businesses will want to locate and highly

qualified people want to work?”

® Underlying RVA Reality Check is the belief that in order Placement of Legos and String 90 Mins for the Richmond region to excel, it will need to provide a growth based economy. RVA’s Reality Check was about exploring ways the region can accommodate these demands. It was about bringing together a group of participants with diverse backgrounds and challenging them to work together to find solutions. It was not a comprehensive land use planning process meant to compete with or take the place of the good work being done by the Planning Commissions, Boards of Supervisors and Councils in our region.

Review and Adjust 15 Mins

8 Major Elements of the Day Before RVA Reality Check Before RVA Reality Check Game Day, partici- pants received a Participant Guidebook with pertinent background information. Additionally, both facilitators and scribes received training regarding their roles for the day.

Guiding Principles Participants spent the first 45 minutes of the day talking about the Guiding Principles they would use as a framework for placing Legos® and string. Participants generally talked about the strengths and challenges in the region and from there developed a list of Guiding Principles. Although most groups did not reach 100 percent consensus, they did come to conceptual agree- ment about the big picture for the region. As you The full course of the morning will see, the Guiding Principles connected many of the different groups together. included lively debate in many of the

Placement of Legos® and String participant groups. While much After developing their Guiding Principles, consensus was achieved in the Guiding participants had 90 minutes to place 312 yel- low Legos® representing new households and Principles, the details of where to place 156 blue Legos® representing new jobs. They ® also had the option of placing orange string to Legos and exactly what was most represent major new/improved highway corridors important was contentious at times. and blue string to represent major new/improved transit corridors. The Participant Guidebook included a visual guide to density for participants to help them understand the placement of Legos®. Facilitators and scribes helped partici- pants work through the placement of Legos® and string. Notably, some participants even began with transit rather than Legos®.

Finally, participants finished up by reviewing their Guiding Principles and Lego® placement to see that the two were in alignment.

9 Table Composition A group of volunteers worked for six months to develop the “ideal” table at RVA Reality Check and from there to develop the invite list. They hoped that each table would include the following:

• Developer • Environmentalist • Elected official, local government staff or planning commissioner • Small business owner • Citizen (taken by application) • Real Estate Professional: Architect, Engineer, Planner • Real Estate Professional: Attorney, Finance, Construction, Other • Community Leader: Cultural, Historic, Arts, Sports • Community Leader: Nonprofit, Faith Based, Civic • Economic Development or Large Business

Legos® Their visions were laid out on maps of the Rich- mond region using Legos® representing future job growth and future housing growth. Each table placed 312 yellow Legos® representing 200,000 future households and 156 blue Legos® repre- senting 200,000 future jobs. In addition, each table was given the option to add mass transit corridors using blue string and to add new road corridors using orange string.

• 1 blue Lego® represents 1240 jobs

• 1 yellow Lego® represents 640 dwelling units

• Orange string to represent major new/ improved highway corridors

• Blue string to represent major new/improved 10 transit corridors Guiding pRINCIPLES Before participants began placing Legos® and string on their maps, they spent 90 minutes discussing their viewpoints about the region and growth. This is a very interesting market study on what is important to this cross-section of people. It gives us insight into what they find important.

“Guiding Principles should be big picture ideas that can be applied across the region. Guiding Principles will do just that – they will guide you as you make choices about growth.”

– RVA Reality Check Participant Guidebook

Guiding Principles fell into a few broad categories:

• Transportation Options • Regional Collaboration

• Preserving Natural and Historic Resources • Grow following existing growth patterns

• Housing Availability and Choice • Redevelopment, Revitalization, Infrastructure

RVA Vision - Overview Several big picture ideas came to the forefront of the Guiding Principle discussions around the Siegel Center. First, nearly all participants discussed the value of our natural and historic resources in the region and the need to preserve and protect them. Second, they see the need for transportation options. Third, participants engaged in varied discussions about housing needs across the region. And fourth, participants believe that our regional leaders need to work together to find regional solutions to our challenges.

Preserving Natural and/or Historic Transportation Housing Regional Resources Collaboration

96% 93% 89% 54%

11 RVA Vision – Details Within the broader categories, different nuances of Guiding Principles showed among participants. Below you can see the more specific items of discussion.

Preserving Natural and/or Transportation Historic Resources

75% Multi-modal options Preservation & access to the James River 86% 68% More biking & Preservation of 25% green space walking paths 50% Preservation of historic resources 14% 21% Accessibility Preservation of 0% 10% 20% 30% 40% 50%farmland 60% 70%0% 80% 10% 90%100% 20% 30% 40% 50% 60% 70% 80% 90%100% 0% 10% 20% 30% 40% 50% 60% 70%0% 80% 10% 90% 20% 100% 30% 40% 50% 60% 70% 80% 90% 100%

0% 10% 20% 30% 40% 50% 60% 70%0% 80% 10% 90%100% 20% 30% 40% 50% 60% 70% 80% 90%100% 0% 10% 20% 30% 40% 50% 60% 70%0% 80% 10% 90% 20% 100% 30% 40% 50% 60% 70% 80% 90% 100% Housing Other

Regional Mixed-use 54% development 68% Collaboration Infill, redevelopment & 54% Need for variety revitalization and options 46% Job diversity & 39% job centers Multi- generational 36% housing Strong 29% urban core 0% 10% 20% 30% 40% 50% 60% 70%0% 80% 10% 90%100% 20% 30% 40% 50% 60% 70% 80% 90%100% 0 10 20 30 40 50 60 700 80 10 90 20 100 30 40 50 60 70 80 90 100 Affordable Availability of housing 29% 29% quality education options 0% 10% 20% 30% 40% 50% 60% 70%0% 80% 10% 90%100% 20% 30% 40% 50% 60% 70% 80% 90%100% 0 10 20 30 40 50 60 700 80 10 90 20 100 30 40 50 60 70 80 90 100

Although RVA Reality Check focused on economic development and the placement of jobs and housing, participants had robust discussions about issues that went beyond that scope. In particular, access to quality education was mentioned at a number of tables. While that is beyond the scope of RVA Reality Check, it is significant that so many participants saw it as vital to the success of the region.

12 A Changing Richmond Region

Following Game Day, a few major themes began by averaging the density of all of the scenarios, to emerge out of RVA Reality Check. These are the was 4,260 people per square mile most significant, and most common themes among High the participant groups. 7,130 people per square mile Low Density 2,860 people per square mile Participants overwhelmingly chose to grow in a more Mean dense pattern than currently exists. Every single 4,260 people per square mile group of participants built more densely, and some Current significantly more so. Further, most groups carefully 1,700 people per square mile avoided building on undeveloped land, showing a Density strong preference for preserving undeveloped land and using current infrastructure. Participants demonstrated a strong preference The current density in the Richmond Region is for the region to build additional higher density approximately 1,700 people per square mile. For developments. the purposes of RVA Reality Check, current density Transit was calculated by taking the current population and Participants made the connection between dividing it by the number of square miles of current more density and public transit. Transit was the development on the RVA Reality Check map. As a most discussed Guiding Principle, and again check, international density database compiled by this showed in the way that participants handled Demographia lists the Richmond metropolitan area transit on their Game Day maps. as having 1,900 people per square mile in 2010. Participants recognized that public transit can The highest proposed density scenario was only be achieved given a certain level of density. 7,130 people per square mile. Although that was We will discuss transit further in its own section. the densest scenario, even the lowest proposed density of 2,860 was more dense than the current Richmond Region. And the mean density, calculated 13 Strengthen Current Metro Area ULI Richmond is committed to further evaluating the Throughout the various growth scenarios, partici- projected costs associated with all of the 28 tables, pants showed an overwhelming preference for a the current commitment of resources to maintain strong downtown core. Nearly every table included existing infrastructure, and the projected costs of the downtown area as a center of both jobs and alternative development patterns resulting from RVA housing. The downtown core acted as the center Reality Check. This information will be provided in a hub of most of the transit options as well. supplement later in the year.

The general compactness of growth both in the Preserving Rural Undeveloped Land downtown core, in nodes and corridors, as well as Across the various scenarios that came out of in the outlying areas tended to follow current devel- Game Day, we saw a strong preference for preserv- opment patterns. ing undeveloped land. Undeveloped and underuti- lized land within the overall metropolitan developed Infrastructure Cost Vary area was the preferred location for new buildings. by Land Use Generally development occurred along existing Numerous studies have concluded that infrastruc- patterns of development. Notably, two participant ture cost can vary significantly depending on the groups did not put Legos® on a single block that did land use pattern it is designed to serve. In general, not already have development. The highest area of these studies demonstrated that the cost of roads, proposed developed land was 7,040 new acres or public transit, public water and sewer is more 11 square miles. The average proposed developed expensive to serve a spread out, lower density area of land was 2,960 acres or 4.6 square miles. pattern of development than a pattern with areas of higher density.

In preparation for Game Day, we researched how Low 0 acres or 0 square miles various land use patterns can increase road, sewer, High and water infrastructure costs. We spoke with 7,040 acres or 11 square miles City/County officials and gathered research from Mean various utility departments throughout the region. 2,960 acres or 4.6 square miles We also worked with development consultants to better understand how infrastructure is typically Newly Developed Land designed, constructed, financed, maintained, and replaced and did a rough analysis of current infra- structure in the entire region. Although it was not This follows the Guiding Principles many partici- feasible to consolidate this research with Game Day pants discussed concerning preserving our natural results and produce specific costs associated with resources, farmland and James River. The preser- the scenarios developed at each of the 28 tables, vation of underdeveloped land is consitent with the we recognize there is a wide variance in infrastruc- higher density scenarios we saw coming out of ture costs associated with each. the day.

14 Patterns of Development

Three distinct land use patterns were apparent from our analysis of the RVA Reality Check Game Day participant scenarios. These patterns were Nodal, Corridor and Scatter Development. When volunteers analyzed the different mapping scenarios, they found that while some scenarios fit neatly into one development pattern or another, a number showed elements of two or three of the different patterns of development. The following section shows scenarios that clearly outline the three distinct patterns of development.

15 16 NODaL DEVELOPMENT

The first of the three most common scenarios that came out of RVA Reality Check was a Nodal Development Pattern. This is characterized by the high density mix of jobs and housing at key locations within a compact development form. This type of development includes mixed use development nodes located where transportation access is superior. Nodal Development facilitates public transit and walking.

17 Table 23

NODAL • Housing developments were clustered together DEVELOPMENT in various nodes. of Housing

18 Table 23

NODAL • Much of the growth in jobs occurs along areas where there is existing development DEVELOPMENT and infrastructure. of Jobs

19

CORRIDOR DEVELOPMENT

The second of the three most common scenarios developed by participants was Corridor Development. This type of development is characterized by a high density mix of jobs and housing in a linear pattern along a major street or highway within a compact development form. This development pattern works well with public transit systems that have frequent stops. At the same time, this can cause conflicts between through traffic and adjacent property destinations.

21 Table 15

Corridor

• Housing is shown along a distinct corridor DEVELOPMENT that follows major thoroughfares. of housing

22 Table 15

Corridor • Jobs are located together with housing across the region, particularly in the following areas: DEVELOPMENT 1. Broad Street from West Creek to Downtown 2. Broad Street Downtown to the Airport of jobs

23

SCATTER DEVELOPMENT

The third type of development that was typical among tables at RVA Reality Check was a Scatter Pattern. This type of development occurs primarily on greenfield or agricultural/forest lands in a scattered pattern This pattern of development can occur throughout the metropolitan area, however, historically it occurred primarily on agricultural and forest lands beyond the developed urban area in a scattered or sprawl pattern. Numerous studies have shown that this sprawl pattern is significantly more expensive to serve with roads, public transit, and utilities. Studies have also documented the higher environmental impacts of air pollution, greenhouse gas generation, and land consumption of this sprawl pattern.

25 Table 18

Scatter • Even this more scattered pattern shows DEVELOPMENT denser housing in the downtown core. of housing

26 Table 18

Scatter • This development pattern shows a denser downtown core as well as jobs scattered DEVELOPMENT throughout the region. of jobs

27 28 TRansit

One of the most surprising elements of Game Day was the intense focus on transit. It was frequently discussed during the Guiding Principles discussion. Participants overwhelmingly believed that we need more transit options in the Richmond Region. They talked about access to transportation, available types of transportation, and the future of public transportation.

Over 70 percent of the major transportation improvement miles recommended were new or improved mass transit routes. The most recommended mass transit corridor routes were as follows:

• I-64 Downtown Downtown to Airport 85% • Broad St. Downtown to Short Pump/West Creek 70% • Rt. 1 Downtown to Chester 85% • Rt. 60 Downtown to Midlothian 70% • Rt. 1 Downtown to Ettrick/Petersburg 70% • Rt. 360 Downtown to Brandermill/Woodlake 67% • Rt. 1 Downtown to Ashland 70% • Rt. 360 Downtown to Mechanicsville 63%

29 Table 20

• This map shows a typical transit pattern that is similar to many of the scenarios the participants selected. Participants placed transit along major job and housing corridors.

• It shows new transit corridors along: Transit 1. Route 1 connecting Ashland to South Chesterfield 2. Broad Street from Downtown to the Short Pump Area 3. Downtown to Midlothian Turnpike 4. Hull Street Road from Downtown to Brandermill/Woodlake 5. Downtown to the Airport 6. Route 360 from Downtown to Mechanicsville Turnpike

30 Table 25

• A second map shows transit in a pattern similar to the previous map. However, in this scenario, transit extends out farther across Transit the region and also connects two transit lines. This would allow travelers to move between two major corridors without going back downtown.

31 The COllective Vision

At the conclusion of RVA Reality Check we took data from the scenarios developed by all 28 tables were analyzed to develop one collective vision for the day. This process involved taking all of the data and then deriving the mean from the 28 tables. This method was the most objective way to create a “Collective Vision” for the day.

32 EXISTING This map shows the current built environment in the Richmond Region as of 2010. CONDITIONS

33 housing This map shows the Collective Vision for 2035 Housing in 2035.

34 eMPLOYMENT This map shows the Collective Vision for employment centers in 2035. 2035

35 This shows the base map with the new housing and COLLECTIVE jobs on top. It is limited in its application, but exciting to see the final Collective Vision from RVA Reality VISION Check Game Day.

36 Conclusion

On May 14, 2013, over 400 participants, volun- asset to the region and many of the tables dis- teers and observers came together at the VCU cussed the need to preserve access to the James Siegel Center for RVA Reality Check. Participants River. Further, participants at nearly every table dis- were challenged to consider the anticipated cussed preserving the region’s historic resources. growth in the region between 2013 and 2035 and Transportation to map out that growth using Legos® to represent Perhaps the biggest surprise of the day was housing and jobs. transportation. Participants were given string to RVA Reality Check was intended to bring par- indicate new major roads and/or transit, but it was ticipants together to struggle with the challenges an optional piece of the day. To the surprise of related to population growth and change in the organizers, some tables actually began with trans- Richmond Region. Participants were asked to portation, and many tables included some form of make the connection between the way that we transit, be it new public transit, bike trails, or more grow and the success of our region. roads. From RVA Reality Check Game Day, we found that Participants were not given information regarding there are common themes that brought partici- what housing or employment density was required pants together: in order to make public transit like Bus Rapid Natural & Historic Resources Transit or Light Rail feasible. Participants were also Participants agreed on the need to preserve our not given the financial requirements to make public natural and historic resources and to protect ac- transit feasible. The sheer magnitude of transit cess to those resources. Participants at nearly every table discussed the James River as a huge 37 some participants put forth was surprising and a RVA Reality Check, but it is important to note that bit staggering. it was a part of the discussions. It is not possible to draw broad conclusions about Jobs and Housing Together the need for public transportation or the will of Nearly all participants placed job and housing the Region for public transportation because the together on their maps. Many discussions of financial and development numbers were not Guiding Principles included talk of mixed-use considered. However, it was clear that the partici- developments. Participants expressed the prefer- pants at RVA Reality Check placed housing and ence for living, working and playing in one area. jobs close to each other connecting the location While that preference was illustrated in different of jobs and housing to the live/work/play concept. ways, participants wanted the availability of jobs It was also clear that the participants saw the and housing near to each other. need for some future alternatives to dependence on cars to travel in the region. Using Existing Infrastructure At many tables, participants discussed the desire Downtown Core to use existing infrastructure. As they built out Nearly every scenario developed by participants their maps this seemed to show in the way that included a strong downtown core. While the rest

“Participants at RVA Reality Check placed housing and jobs close to each other connecting the location of jobs and housing to the live/work/play concept. It was also clear that the participants saw the need for some future alternatives to dependence on cars to travel in the region.”

many scenarios followed existing growth pat- of the region was built under different scenarios terns in the region. Participants showed a prefer- built out the rest of the region differently, nearly ence for growing along corridors where jobs and every table built on the currently existing down- housing currently exist, rather than creating new town core, and enlarged the downtown area. centers of jobs and housing on land that was Both jobs and housing were placed downtown. previously undeveloped. And many of the conversations around the room included discussions of changing demographics Regional Collaboration and the desire to live in an urban environment by One final theme from the day was regional col- both Gen Y and empty nesters. laboration. Participants discussed the need for A number of tables cited the concern about the regional solutions to regional challenges. They Richmond Public School System as a barrier to talked about jurisdictions finding ways of working long term growth to the downtown housing mar- together to be competitive as a region instead of ket. Generally, education is beyond the scope of individual jurisdictions.

38 Collective ision Vision 2035 RVA2035 Next Steps for the Next Generation

FOCUS This shows the base map layered with the new housing at the base and jobs on top. In this flat, two-dimensional view, this map is very limited in illustrating the result of adding 200,000 new homes and 200,000 new jobs to the existing built environment. Still, it is exciting to see the Col- lective Vision from RVA Reality Check Game Day. WHAT • Final Report • Guiding Principles • Future Studies - Detailed analysis of infrastructure - Monitoring of metropolitan growth HOW • Disseminate Report • Present Report to the nine regional jurisdictions, public groups, sponsors, universities • Media Engagement WILL NOT This educational process will not • Produce a regional plan • Provide specific solutions • Determine how to use the Reality Check results WILL • Continue discussions of growth issues through ULI programs • Promote consideration of Guiding Principles by the decision makers • Facilitate local initiatives in planning for future growth

39 NOTES

40 A special thanks to our in-kind sponsors Real Estate Photography: New Media Systems

Community Education: Virginia Tech

Game Day Facilitation: Leadership Metro Richmond

Data, Maps and Regional Information: Richmond Regional Plannng District Commission

Game Day Services: Eventive Thinking, LLC

Result book design by Stacy Simms: www.atypicalgraphics.com Printing donated by:

bizportdoes.com Consider FY2013-2014 Budget Amendment

Issue: The FY2013-2014 budget needs to be amended for a number of reasons. The ordinance to be advertised and adopted by Council will combine seven changes to the budget into one amendment.

Impact: None of the budget amendments included in the ordinance will significantly impact operations.

Financial Impact: Each of the seven alterations to the budget are discussed in detail below:

1. Attorney General’s Asset Forfeiture Grant – The Town received notice of this grant after the start to the fiscal year. The will be used to fulfill the Ashland Police Department’s Five Year Plan. The grant adds $151,682 in revenue and expenditures to the General Fund.

+$151,682

2. Dominion Resources Stormwater Management Grant – The Town received notice of this grant after the start to the fiscal year. The grant funds will be used for engineering services for restoration of Mechumps Creek, Phase 2. The grant adds $20,000 in revenue and expenditures to the Capital Project Fund.

+$20,000

3. Department of Environmental Quality – The Town received notice of this grant after the start to the fiscal year. The grant will be used to assist the Town in planning for new stormwater regulations required by the EPA and Commonwealth of Virginia. The grant adds $70,000 in revenue and expenditures to the Capital Project Fund.

+$70,000

4. VA Truck Center Proffers – The Town received these proffers in August 2013. The proffers must be used on a turn lane and/or traffic signal at Route 1 and Vitamin Shoppe Way. The grant adds $325,000 in revenue and expenditures to the Capital Project Fund.

+$325,000

5. Ashland Theatre – The Ashland Theatre was donated to the Town in October of 2013. The Town Council has committed to improve the facility so that the facility may be operated. No funds were budgeted for this task. This appropriation would add $100,000 in expenditures to the Capital Project Fund through a transfer from the General Fund Unreserved Fund Balance. It would be staff’s goal to utlitize these funds judiciously.

+$100,000

6. Capital Projects Fund Reappropriation – To develop the annual budget staff must estimate expenditures in the Capital Project Fund to come up with and ending balance on 06/30 of each year. In FY2012-2013 actual expenditures were $167,456 less than staff estimate. Those funds are currently sitting in the Capital Project Fund as unreserved. This action would reappropriate the funds to the line item they were originally assigned to.

+$167,456

Total - $834,138

Motion APPROVE: I move for approval of the amended budget ORD. 2014-01 as presented.

DENY: I move for denial of ORD. 2014-01 as presented. TOWN OF ASHLAND ORDINANCE NO. 2014-01

ORDINANCE NO. 2014-01 AMENDS THE FY 2013-2014 BUDGET OF THE TOWN OF ASHLAND BY:

 ADDING $ 151,682 IN REVENUE AND $ 151,682 IN EXPENDITURES THROUGH THE ATTORNEY GENERAL’S ASSET FORFEITURE GRANT FOR COMPLETION OF PROJECTS ON THE ASHLAND POLICE DEPARTMENT FIVE YEAR PLAN  ADDING $ 20,000 IN REVENUE AND $ 20,000 IN EXPENDITURES THROUGH THE DOMINION RESOURCES STOMRWATER MANAGEMENT GRANT FOR RESTORATION OF MECHUMPS CREEK  ADDING $ 70,000 IN REVENUE AND $ 70,000 IN EXPENDITURES THROUGH A GRANT FROM THE DEPARTMENT OF ENVIRONMENTAL QUALITY RELATED TO STORMWATER  ADDING $ 325,000 IN REVENUE AND $ 325,000 IN EXPENDITURES FROM TRANSPORTATION PROFFERS RELATED TO THE VIRGINIA TRUCK CENTER PROJECT.  ADDING $ 100,000 IN REVENUE AND $ 100,000 IN EXPENDITURES TO THE BUDGET FROM THE GENERAL FUND RESERVE TO THE CAPITAL PROJECT FUND FOR THE ASHLAND THEATRE.  REAPPROPRIATING $167,456 IN THE CAPITAL PROJECT FUND TO VARIOUS LINE ITEMS ADOPTED IN THE FY2013-2014 BUDGET.

THE ADOPTED FY 2013-14 BUDGET TOTAL IS $ 11,247,443; ORDINANCE 2014-01 WOULD INCREASE THE FY 2013-14 BUDGET TO $ 12,081,581. ORDINANCE NO. 2014-01 IS CONSIDERED PURSUANT TO THE GRANT OF AUTHORITY CONTAINED IN VA. CODE SECTION 15.2-2507.

WHEREAS the Town of Ashland has been notified by Attorney General’s Office that it is being awarded a grant in the amount of $ 151,682 for various law enforcement activities associated with the Ashland Police Department Five Year Plan; and

WHEREAS the Town of Ashland has been notified by Dominion Resources that it is being awarded a grant related to restoration of Mechumps Creek in the amount of $ 20,000; and

WHEREAS the Town of Ashland has been notified by the Department of Environmental Quality that it is being awarded a grant related to stormwater in the amount of $ 70,000; and

1 WHEREAS the Town of Ashland seeks to appropriate $ 325,000 in funds received for transportation proffers to the Capital Projects Fund to construct a turn lane and light signal at Route 1 and Vitamin Shoppe Way; and

WHEREAS the Town of Ashland seeks to add $ 100,000 to the budget from the General Fund Reserve to the Capital Project Fund for improvements and maintenance of the Ashland Theatre.

WHEREAS the Town of Ashland seeks to reappropriate $167,456 of under-spent funds to the Capital Projects Fund for various projects adopted in the FY2013-2014 budget.

NOW THEREFORE BE IT ORDAINED by the Ashland Town Council at its regularly scheduled monthly meeting on the 18th of February, 2014, that the FY 2013-14 Budget be amended as follows:

 Add $ 151,682 in revenue and $ 151,682 in expenditures through the Attorney General’s Asset Forfeiture Grant for completion of projects on the Ashland Police Department Five Year Plan;  Add $20,000 in revenue and $20,000 in expenditures through the Dominion Resources Stormwater Management Grant for restoration of Mechumps Creek.  Add $ 70,000 in revenue and $ 70,000 in expenditures through a grant from the Department of Environmental Quality related to storm water;  Add $325,000 in revenue and $325,000 in expenditures from transportation proffers related to the Virginia Truck Center project  Add $ 100,000 in revenue and $ 100,000 in expenditures to the budget from the general fund reserve to the capital projects fund for the Ashland Theatre; and  Reappropriate $167,456 of unused funds to the Capital Projects Fund for various projects.

BE IT FINALLY ORDAINED that the Ashland Town Council amends the FY 2013-14 budget to add a total of $834,138 in new revenue and expenditures, so that the total budget shall increase from $11,247,443 to become a new total of $12,081,581, and that $834,138 shall also be appropriated as set forth in this Ordinance this 18th of February, 2014.

Those members voting:

2 Town Council February 18, 2014 Page 1 of 33

STAFF REPORT

To: Town Council, Town of Ashland, Virginia From: Nora Amos, Director Date: February 18, 2014 Case No.: ORD2013-11 Case Type: Ordinance Amendment RE: Political Signs Amendment

REQUEST:

Staff received a request from Town Council for a text amendment to void the time restrictions on displaying of political signs due to a conflict with federal law. Town Code Sec. 21-268, states that political campaign signs may only be displayed thirty (30) days prior to an election and must be removed within seven (7) days after the election. This amendment would void all time limitations on political signs.

In reviewing this request staff has identified a conflict between definitions listed in the Zoning Ordinance. This text amendment will clarify this conflict by amending the general list of sign definitions to match that of the more recently adopted section for signage, Town Code Sec. 21-207.1, and amend the definition for Signs, animated.

Finally, staff has been asked to review the total number or square footage amount, per residential lot, for the placement of political signs. This report details regulations for the Town and surrounding jurisdictions, along with presenting a recommendation for expanding the allowable area per lot.

RECOMMENDATION:

Staff and Planning Commission recommend approval of ORD2013-11.

MOTION:

Approve – I move to approve of ORD2013-11. Approve with amendments – I move to approve of ORD2013-11 with the following amendments…: Deny – I move to deny ORD2013-11. Defer – I move to defer action on ORD2013-11to the ___ Town Council meeting.

Town Council February 18, 2014 Page 2 of 33

SUMMARY:

This text amendment will amend the Town Code to clarify conflicting language with respect to state code regulation of time restrictions on displaying of political signs, definitions within the Zoning Ordinance, and present recommendations for expanding allowable area for signage regulation.

Staff is recommending the following language for political signs regulation with ORD2013-11:

Black: Existing regulations Black: Existing regulations voided Red: New language proposed

(a) Political campaign signs. Signs announcing candidates seeking public political office or other data pertinent thereto shall be permitted up to a total area of four (4) eighteen (18) square feet and shall not exceed seven (7) feet in height for each lot in a residential district. Only one campaign sign will be allowed per candidate on a residential lot. Political campaign signs shall be permitted up to a total area of thirty-two (32) square feet in a business or industrial zone. These signs shall be confined within private property and shall not encroach into the visibility triangle at street intersections. Political campaign signs may be displayed thirty (30) days prior to and seven (7) days after the election for which intended. All political campaign signs must be removed within seven (7) days after the election. All signs must be located a minimum of ten (10) feet from the property line. Furthermore, political campaign signs are excluded from the temporary sign regulation of real properties not being permitted a temporary sign for more than thirty (30) days during a twelve (12)-month period.

CONSIDERATIONS:

Political Sign Regulation – Time Limitation and Type

Current Definitions Sign, temporary. A sign applying to seasonal or other brief activity. Temporary signs shall be located on private property. Real properties are not permitted a temporary sign for more than thirty (30) days during a twelve (12)-month period unless otherwise specified in this chapter. Specific types of temporary signs include but not limited to summer camps, horse shows, auctions or charitable educational or religious events; and in addition thereto, including the following types of signs:

(a) Political campaign signs. Signs announcing candidates seeking public political office or other data pertinent thereto shall be permitted up to a total area of four (4) square feet for each lot in a residential district. Only one campaign sign will be allowed per candidate on a residential lot. Political campaign signs shall be permitted up to a total area of thirty-two (32) square feet in a business or industrial zone. These signs shall be confined within private property and shall not encroach into the visibility triangle at street intersections. Political Town Council February 18, 2014 Page 3 of 33 campaign signs may be displayed thirty (30) days prior to and seven (7) days after the election for which intended. All political campaign signs must be removed within seven (7) days after the election. All signs must be located a minimum of ten (10) feet from the property line.

State-Federal Court Rulings Rulings at the state and federal level have struck down time limitations on the display of political signs as a violation of the First Amendment.

An example of a ruling can be found in Town of Essex, New York, which adopted a zoning law in 2003 stating that temporary signs for a political campaign…may be erected no more than 30 days prior to the event and shall be removed by the sponsor within 7 days after the close of the event. A complaint was filed in the US District Court for the Northern District of New York, and the judge ruled the law unconstitutional as it was a restriction of free speech. (NYCLU Website, www.nyclu.org. July 21, 2005)

This ruling, along with others that can be further explained by the Town Attorney, have provided the precedent of invalidating any time limitation regulation on political signs, as currently defined in the Town Code.

Average Political Campaign Sign Size The average campaign yard sign is about two feet wide and a foot and a half tall (24″ Wide x 18″ High). With the current Town regulation allowing a maximum of four (4) total square feet per lot, this would allow only one (1) standard sized political sign per residential lot.

Adjacent Jurisdiction Regulations • Henrico County: Political signs are not specifically identified in the code and are treated as temporary signs. Those signs that reach the maximum allowable 32 square feet for a single sign will have to obtain a sign application, smaller sign sizes do not require an application. The application fee is $100.

Sec. 24-104 Signs. (d) Signs permitted in R-0, R-0A, R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, R-4A one-family residence districts, the R-5A general residence district, the RTH residential townhouse district and the RMP residential manufactured home park district.

4. One temporary real estate sign, not exceeding 32 square feet in area or eight feet in height, advertising either the sale and/or rent, or the development of the property on which located. The sign shall not be less than 15 feet from any street or lot line, shall not be illuminated, shall be neatly painted and maintained and shall be removed promptly after the sale or rental or the development of the property. (largest allowable in residential)

• Chesterfield County: Political signs are not specifically identified in the code and are treated as temporary signs. All signs must complete a sign application which is submitted to the building department; no fee associated.

Sec. 19-637. Limitation on specific signs. (s) Temporary campaign signs are permitted provided that they do not exceed 32 square feet in area and ten feet in height; not exceed seven feet in height in village districts; not be placed Town Council February 18, 2014 Page 4 of 33

on utility poles, traffic control signs or trees or within public rights of way; and are removed 30 days after the election. Candidates shall list all site locations for temporary campaign signs through one (1) permit.

• Hanover County: They use two sections of the code for political campaign signs (temporary non-illuminated) and political “message” signs (non-commercial messages). Political signs must be removed within 7 days after the event. Political “message” signs are allowed with owner’s permission, be non-illuminated, and contain no obscene or defamatory language.

Section 26-273. General requirements, all signs. 6. The following signs are exempted from the provisions of these regulations and may be erected or constructed without a permit provided (i) the sign is erected or constructed in accordance with the structural and safety requirements of the building code, (ii) the sign shall not be placed in the right-of-way or within the sight distance triangle at a road intersection, (iii) the sign does not obstruct vehicular or pedestrian travel, and (iv) the sign does not obstruct the view of the number for a building assigned pursuant to the property numbering and street naming system from the public or private street or access area on which the property is located:

(j) Temporary non-illuminated or indirectly illuminated signs giving notice of public, semipublic or civic events, including public meetings, provided that such signs must be removed within seven (7) days of such event taking place.

(m) Signs displaying non-commercial messages not otherwise regulated by this section, provided that any such sign: i. Shall not be illuminated; ii. Is erected or constructed by the owner of the property on which it is displayed or with the owner's permission; iii. Does not contain language or images that are obscene or defamatory.

For the purposes of this subsection, a "sign displaying noncommercial messages" means any sign not used to advertise the sale of goods and products including, but not limited to, "yard sales," the provision of services, or other commercial activity.

• Caroline County: No regulation of political or campaign signage.

Staff Recommendation: Political Sign Regulation – Size Limitation and Type Staff is proposing the following language for the definition of political signs that amend the size limitation:

Black: Existing regulations Black: Existing regulations voided Red: New language proposed

(a) Political campaign signs. Signs announcing candidates seeking public political office or other data pertinent thereto shall be permitted up to a total area of four (4) eighteen (18) square feet and shall not exceed seven (7) feet in height for each lot in a residential district. Only one campaign sign will be allowed per candidate on a residential lot. Political campaign signs shall be permitted up to a total area of thirty-two (32) square feet in a business or industrial zone. These signs shall be confined within private property and shall not encroach into the visibility triangle at street intersections. Political campaign signs may be Town Council February 18, 2014 Page 5 of 33 displayed thirty (30) days prior to and seven (7) days after the election for which intended. All political campaign signs must be removed within seven (7) days after the election. All signs must be located a minimum of ten (10) feet from the property line. Furthermore, political campaign signs are excluded from the temporary sign regulation of real properties not being permitted a temporary sign for more than thirty (30) days during a twelve (12)-month period.

Conflicting Definitions In reviewing the regulation on political signs, staff identified discrepancies within the Town Code on definitions for sign types. On June 19, 2012, Town Council completed an update of sign regulations in Ashland by adopting Section 21-207. This section established new definitions and regulation for all types of signage.

Also, in the Town Code there is a section of general definitions for the Zoning Ordinance. In reviewing this list of terms, it was found that definitions adopted in the 2012 update of signage regulation were not updated in this list. Therefore, staff is recommending that the general definitions section be amended to reflect the definitions adopted in the signage section. A full listing of this amended list can be found in the ordinance language attached to this report.

Word Change – Osculating Amend the definition for Sign, animated to replace the word osculate with oscillate.

Oscillate: To move or swing back and forth at a regular speed Osculate: To touch or to kiss

Sign, animated. A sign or display which has any visible moving part, flashing or osculating oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate oscillate or visibly alters in appearance in a manner that is not permitted by these regulations.

PLANNING COMMISSION MEETING, November 13, 2013:

Planning Commission received a presentation from staff and discussed the measure. It was a concern of the Commission that all restrictions on the display time for political signs were being voided, but understood when the Town Attorney, Andrea Erard, spoke to the federal and state court case precedent. Further discussion was had about other ways to regulate the display of these signs, such as materials or location, as to accomplish the intent of establishing a quality aesthetic throughout the Town. No member of the public spoke during the public hearing. The Planning Commission voted unanimously to approve.

TOWN COUNCIL MEETING, December 17, 2013:

Town Council February 18, 2014 Page 6 of 33

Town Council received a presentation from staff and the Town Attorney, Andrea Erard, spoke to the federal and state court case precedent. No member of the public spoke during the public hearing. Questions were raised with respect to possible alternatives to regulating political signs since the time limitation was being voided. The total maximum area allowed per residential lot was of concern as it seemed too limiting. Other questions were raised with respect to the difference between a political campaign sign, which is seasonal in nature, and other political “message” signs that one would place in their yard not tied to an upcoming election. The Town Council voted to defer action to allow staff to review language on size limitation, amend a definition for Signs, animated to clarify a word choice, and further research surrounding jurisdiction regulation of political signs.

CONCLUSION:

Staff had originally received a request from Town Council for a text amendment to void the time restrictions on displaying of political signs due to a conflict with federal law. In reviewing these regulations with the Town Attorney, staff has been instructed that any regulation on limiting the display of political sigs does not comply with First Amendment rights and federal/state court precedent.

In reviewing this request, a conflict between sign definitions listed in the Zoning Ordinance, word choice for the Signs, animated definition, and total allowable area per residential lot for signage was identified as areas that need to be reviewed or amended.

Research from adjacent jurisdictions on political sign regulation in residential districts provides a few common characteristics with their application of regulation:

1. Political signs are not specified in the zoning ordinance, thus they are treated as equal to temporary or other defined signs. 2. A maximum of thirty-two (32) square feet of signage is allowed per property (may/may not need sign permit)

The Town’s existing regulation limits the total area of political signage per residential lot to four (4) square feet. This would only allow for one standard size political campaign sign (approximately 3 square feet). Staff is recommending this number be increased. If a total of eighteen (18) square feet was the maximum, this would allow for six (6) standard sized political campaign signs per residential lot.

Other amendments to the political campaign signs definition include the addition of a seven (7) foot height limitation for signs in residential lots, omission of regulation on signs with respect to content (i.e. signage per candidate), and language to void any time restrictions on the display of political campaign signs.

Staff is recommending the following language for political signs regulation with ORD2013-11:

Town Council February 18, 2014 Page 7 of 33

Black: Existing regulations Black: Existing regulations voided Red: New language proposed

(a) Political campaign signs. Signs announcing candidates seeking public political office or other data pertinent thereto shall be permitted up to a total area of four (4) eighteen (18) square feet and shall not exceed seven (7) feet in height for each lot in a residential district. Only one campaign sign will be allowed per candidate on a residential lot. Political campaign signs shall be permitted up to a total area of thirty-two (32) square feet in a business or industrial zone. These signs shall be confined within private property and shall not encroach into the visibility triangle at street intersections. Political campaign signs may be displayed thirty (30) days prior to and seven (7) days after the election for which intended. All political campaign signs must be removed within seven (7) days after the election. All signs must be located a minimum of ten (10) feet from the property line. Furthermore, political campaign signs are excluded from the temporary sign regulation of real properties not being permitted a temporary sign for more than thirty (30) days during a twelve (12)-month period.

Staff recommends approval of ORD2013-11. Planning Commission voted to recommend approval for the omission of time limitations.

Ordinance ORD2013-11

Town Council February 18, 2014 Page 8 of 33

AN ORDINANCE to amend The Code of the Town of Ashland, Chapter 21 “Zoning,” Article I “In General,” Section 21-3 “Definitions,” and Article XX “Signs,” Section 21-207.1 “General Provisions” to clarify conflicting sign definitions within the Code, and to void time restrictions on displaying of political signs due to a conflict with federal law.

WHEREAS, the Town Council has held a public hearing on the _____ day of _____ 2013, advertised as required by Virginia Code Section 15.2 – 2204.

NOW THEREFORE BE IT ORDAINED by the Council of the Town of Ashland, Virginia that Section 21-3. “Definitions” shall be amended to read, as follows:

Black: Existing regulations Black: Existing regulations deleted Red: New language proposed

Chapter 21. Article I. In General. Sec. 21-3. Definitions

(a) Applicability of section. For the purposes of this chapter, and unless specifically prescribed to the contrary elsewhere in this chapter, certain words and terms shall be interpreted as set forth in this section. Words and terms not defined here or elsewhere in this chapter shall be interpreted in accordance with such normal dictionary meaning or customary usage as is appropriate to the context. (b) General rules. The following general rules of interpretation shall apply throughout this chapter as they are appropriate to the context. (1) Words used in the present tense include the future tense, words used in the singular number include the plural number and words in the plural number include the singular number, unless the obvious construction of the wording indicates otherwise. (2) The word "shall" is mandatory; "may" is permissive. (3) Unless otherwise specified, all "distances" shall be measured horizontally and shall be the shortest distance between the points for which the distance specified. (4) The word "building" includes the word "structure" and includes any part thereof; the word "lot" includes the words "plots" and "parcel;" and the word "land" includes the words "water" and "marsh." (5) The terms "main" and "principal" are synonymous. (6) The word "used" shall be deemed also to include "intended, designed or arranged to be used," "occupied," "erected," "reconstructed," "altered," "placed" or "moved." (7) The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of building." (8) The word "commonwealth" means the Commonwealth of Virginia. (9) The word "town" means the Town of Ashland, Virginia. Town Council February 18, 2014 Page 9 of 33

(10) The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. (c) Certain words and terms defined. The following words and terms shall be interpreted as having such meaning as described herein, unless a specific meaning to the contrary is indicated elsewhere in this chapter. Accessory apartment. A separate and complete dwelling unit that is incidental to and contained within the same structure as a single-family detached dwelling unit or within an accessory building on the same lot, and which meets all of the conditions and limitations for such use set forth in this chapter. Accessory building or accessory structure. A building or structure separate from the main building on a lot and used for purposes customarily incidental and clearly subordinate to the principal use of the lot on which it is located. Where such building or structure is attached by walls or roof to a main building, it shall be considered to be a part of the main building. Accessory use. A use of land or a use of a building or structure for purposes customarily incidental and clearly subordinate to the principal use of the lot on which it is located. Adult cabaret. A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas for observation by patrons therein. Adult day care center. A facility which provides supplementary care and protection during part of the day to four (4) or more aged, infirm or disabled adults who reside elsewhere, except a facility or portion of a facility licensed by the State Board of Health or Department of Mental Health, Mental Retardation and Substance Abuse Services. Adult day care services. An establishment, licensed either by the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse as a day support service, or by the Virginia Department of Social Services as an adult day care center for the purpose of providing care, protection, recreation, and therapeutic services for disabled or elderly adults. Adult day care services are not intended to include any services provided as part of a probationary program or a substance abuse program. Adult use. Any adult book store, adult motion picture theater, or massage parlor/health club as defined below: Adult book store. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, and other media (such as films, video tapes, video cassettes or video discs) which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" (as defined below) or "specified anatomical areas" (as defined below) or an establishment with a segment or section devoted to the sale or display of such material. Adult motion picture theater. An enclosed building or outdoor facility used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" (as defined below) or "specified anatomical areas" (as defined below), for observation by patrons therein, and including any so called "peep show" or individual motion picture machines or similar viewing devices. Massage parlor/health parlor. Any place, establishment or institution, which is operated for the purpose of providing one or more of the following services at such establishment or on a Town Council February 18, 2014 Page 10 of 33 house-call basis: physical massage of the body of another; steam bath; hot box; electrical, mechanical or chemical magnetic bath and stimulation exercises. Excluded are the following: hospitals, nursing homes, medical clinics, offices or quarters of duly certified massage therapists, physicians, chiropractors, osteopaths, or facilities operated by federal, state or county agencies, or barbershops and beauty parlors. Also excluded are health and fitness clubs with steam baths and hot boxes provided that no more than ten (10) percent of the club's gross floor area consists of steam baths and hot boxes. Agriculture, limited. The use of a tract of land of not less than five (5) acres for: (1) The tilling of the soil; (2) The growing of crops or plant growth of any kind in the open, including forestry; (3) Pasturage; (4) Horticulture; (5) Dairying; (6) Floriculture; or (7) Raising of poultry and livestock, where the ratio of livestock on a parcel does not exceed one animal per acre. The term "limited agriculture" shall not include the following: (1) The maintenance and operation of commercial greenhouses and hydroponic farms; (2) The feeding of garbage to animals; (3) The raising of fur-bearing animals as a principal use; (4) The operation or maintenance of a commercial stockyard; (5) The keeping of livestock, fowl and animals of a wild nature, except the keeping of rabbits, hamsters, mice, guinea pigs and other similar such animals, or birds or fowl for personal use or enjoyment, when such are not kept for sale or other commercial purpose and when such animals, birds or fowl are confined to the interior of the dwelling or other permitted accessory building not designed for the primary purpose of keeping such animals, birds or fowl. Alley. A right-of-way which provides secondary service access for vehicles to the side or rear of abutting property. Alterations, structural. Any change, removal, replacement, reinforcement or addition of beams, ceiling and floor joists, reinforced concrete floor slabs, (except those on fill), load bearing partitions, columns, exterior walls, stairways, roofs, corridors or other structural materials used in a building that support the said beams, ceiling and floor joists, load bearing partitions, columns, exterior walls, stairways, roofs or structural materials used in the building or structure. Amusement center. A building, portion of a building or area outside of a building, where five (5) or more video game machines, pinball machines, pool or billiard tables or other similar player-operated amusement devices or any combination of five (5) or more such devices are Town Council February 18, 2014 Page 11 of 33 maintained for use by the public. A public billiard parlor or poolroom shall be considered an "amusement center." Antenna. A usually metallic device for radiating or receiving radio waves. Apartment. A dwelling unit occupying a part of a building in which other such dwelling units and/or other uses are also located. Attention getting device. A device placed upon or attached to any land, structure, building or vehicle to promote or advertise the sale of goods, wares, merchandise, events or services. The device includes pennants, banners, banner signs, streamers, vertical flag, teardrop flag, bow flag, banner blade, feather flag, balloons, inflatable devices, and any similar device not specifically mentioned here of any configuration when displayed outside. This includes any animated display.

Assisted care facility. An establishment that provides shelter and other services, which may include meals, housekeeping and personal care assistance for elderly residents who are typically functionally impaired and socially isolated, but otherwise in good health and able to maintain a semi-independent lifestyle, not requiring the more intensive care of a nursing home. Automobile graveyard. See "junkyard." Automobile service or service station. Any place of business with or without pumps and underground storage tanks for vehicle fuels, and having as its purpose the servicing, at retail, of motor vehicles, and which may include a general repair shop, paint or body shop, machine shop, vulcanizing shop or any operation requiring the removal or installation of radiator, engine, cylinder head, crankcase, transmission, differential, fenders, doors, bumpers, grills, glass, or other body parts or any body repairing or painting. Awning. A shelter extending from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.

Bed and breakfast. A use which is subordinate to the principal use of dwelling unit as a single-family unit occupied by the owner; such use shall include providing lodging on a nightly basis for periods of less than two (2) weeks and where not more than one meal daily is provided in connection with the provision of sleeping accommodations. No use shall be so defined which offers food or beverage for compensation to any persons other than transient guests being accommodated therein. Block. That property fronting on one side of a street and lying between two (2) intersecting streets or otherwise limited by a railroad right-of-way, a stream, unsubdivided tract or other physical barrier of such nature as to interrupt the continuity of development. Billboard. See "sign, billboard." Board. The board of zoning appeals for the town. Boarding house. A "rooming house." Buildable area. The area of that part of the lot not included within the yards or open spaces herein required. Town Council February 18, 2014 Page 12 of 33

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any persons, animals, chattels, equipment, goods, materials or activities of any kind. Building, completely enclosed. Any building having no outside openings other than ordinary doors, windows and ventilators.

Building/business frontage. The portion of a building or business where the primary entrance(s) is located.

Building, height of. The vertical distance measured from the average of the highest and lowest finished grades immediately adjacent to a building or a structure to the highest point of a flat roof, mansard roof, or to the midpoint of a gable, hip or shed roof, or to the highest point of a structure having no roof. A parapet not exceeding four (4) feet in height may exceed the height limit. Building inspector. An appointed official who is responsible for enforcing the provisions of the uniform statewide building code within the jurisdiction of the town. Also the "building official." Building, main. A building in which is conducted the principal use of the lot on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the lot on which the same is located if the lot is used primarily for residential purposes. Business apartment. A business space in the B-1 zoning district arranged in a manner that permits or includes an area on the first floor not to exceed seven hundred (700) square feet used for living space. Regardless of the foregoing, at least fifty (50) percent of the total floor area of the first floor must be devoted to work or sales, and the work or sales space must front on the street. The living area shall be occupied only by the owner or manager of the business. Caliper. The diameter of a tree at the specified distance above ground level. Unless otherwise noted, the caliper shall be measured four and one-half (4 1/2) feet above ground level for existing trees and six (6) inches above ground level for newly planted trees. Canopy. A detachable, roof like cover, supported from the ground, or deck, floor or walls of a building, for protection from sun and weather. Carport. Any space outside a building or contiguous thereto, wholly or partly covered by a roof, and used for the shelter of motor vehicles. An unenclosed carport is a carport with no side enclosure that is more than eighteen (18) inches in height, exclusive of screens (other than the side of the building to which the carport is contiguous). Circuit court. The circuit court for Hanover County. Church or place of religious worship. An institution that people regularly attend to participate in or hold religious services. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. Clinic. An establishment where human patients who are not lodged overnight are admitted for examination or treatment by physicians, dentists or other professionals licensed by the state board of medicine. Town Council February 18, 2014 Page 13 of 33

Club, private. Those associations and organizations of a fraternal or social character not operated or maintained for profit, but the terms shall not include night clubs or institutions operated as a business. Commercial. Any wholesale, retail or service business activity established to carry on trade for a profit. Commission. The planning commission of the town. Community center. A building, which may include related outdoor areas, used for recreation, social, educational, and/or cultural activities, owned or operated by a governmental agency, civic association or other not-for-profit entity, when such use serves residents of an adjacent residential community and is not operated for commercial purposes. Comprehensive plan. The comprehensive plan for the town as adopted and as amended. Concrete works. A structure or area used for the manufacture of concrete or concrete products. Conditional use. A use listed as such in this chapter and which may be permitted in a specified district under certain conditions, such conditions to be determined in each case by the terms of this chapter and by the town council, after public hearing and report by the planning commission in accordance with the procedures specified by this chapter. Convalescent, nursing homes. 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. Convenience stores. A small retail establishment primarily selling groceries and providing a limited variety of goods or merchandise to the general public for personal or household use. Corporate flag. A flag flown on a flag pole to display only a business name and/or logo with no other advertising thereon. Dairy. A commercial establishment for the manufacture, processing or sale of dairy products. Day care center or day nursery. A facility complying with applicable state licensing requirements and operated for the purpose of providing care, protection and guidance to a group of more than five (5) children separated from their parents or guardians during a portion of the day, not including children of a family residing on the premises. Development. Any manmade 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. Development, minor. Any development involving three (3) or fewer lots and involving a land area of less than two (2) acres and not requiring the extension of any new streets, water and/or sewer lines. Development, major. Any development that is not a minor development. District. A portion of the territory of the town in which certain uniform regulations and requirements of various combinations thereto apply under the provisions of the adopted zoning ordinance. Town Council February 18, 2014 Page 14 of 33

Duplex. A two-family dwelling. Dwelling. Any structure which is designed for residential purposes except hotels, boarding houses, lodging houses, tourist cabins, motels, manufactured homes and campers. Dwelling unit. One or more rooms in a dwelling designed for living or sleeping purposes, and having only one kitchen. Dwelling, multifamily. A structure arranged or designed to be occupied by three (3) or more families, the structure having three (3) or more dwelling units. Dwelling, two-family. A structure arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units. Dwelling, single-family, attached. A single-family dwelling attached to one other one-family dwelling by a common vertical wall. Dwelling, single-family, detached. A structure arranged or designed to be occupied by one family, the structure having only one dwelling unit and which is not attached to any other dwelling by any means. Family. One or more persons related by blood, marriage or adoption, including foster children and household employees, or not more than three (3) unrelated persons occupying a single-family dwelling, living together as a single nonprofit housekeeping unit. For purposes of this definition, not more than eight (8) unrelated mentally ill, mentally retarded, or developmentally disabled persons, with one or more resident counselors or other staff persons, occupying a residential facility for which the department of mental health, mental retardation and substance abuse services of the Commonwealth of Virginia is the licensing authority pursuant to the Code of Virginia, shall be considered residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in section 54.1-3401 of the Code of Virginia, 1950, as amended. The term "family" shall also include not more than eight (8) handicapped persons, as defined by the Federal Fair Housing Act, occupying a single dwelling unit, together with one or more resident counselors or other staff persons. A family day home as defined in section 63.1-195 of the Code of Virginia, 1950, as amended, and serving not more than five (5) children, exclusive of the provider's own children and any children who reside in the home, shall be considered as residential occupancy by a single family. The term "family" shall not be construed to include a fraternity, sorority, club or a group of persons occupying a hotel, motel, tourist home, lodging house or institution of any kind, except as specifically included by this definition. Farmer's market. A place where Virginia grown plants, produce and baked goods are sold on a temporary or season basis to the general public. It shall not include wholesale or bulk sales to commercial enterprises or the sale of crafts, household items, or other nonagricultural products. Flag. Emblem or insignia of a nation or other governmental unit, political subdivisions of the United States or of bona fide civic, charitable, fraternal or welfare organizations. Town Council February 18, 2014 Page 15 of 33

Flag pole. A ground or wall-mounted fixed pole to raise a flag on. This does not include an antennae on a stationary car, truck, or vehicle. Floodplain. Continuous sections of land, adjacent to bodies of water, which are subject to periodic flooding and inundation. Floor area. The sum of the gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings. Fraternity/sorority house: A social or academic association of the students or alumni or alumnae of a college or university usually having a name consisting of Greek letters, recognized by a nationally chartered society and recognized by an accredited institution of higher learning, in Ashland, and recognized by the State Council of Higher Education for Virginia. Frontage. The portion of a lot abutting a street and being situated between the lot lines intersecting the street, also referred to as "lot frontage," or "street frontage." "Frontage" is also 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 minimum required setback as defined and required herein. See also, "lot, width of." Garage, private. Accessory building designed or used for storage of private automobiles owned and used by the occupants of the building to which it is accessory. Garage, public parking. A building or portion thereof, other than a private garage designed or used for storing of motor vehicles. Garden apartment. A multistory building of three (3) stories or less than one or more separate and individual apartments found in each story. Golf course. A tract of land, publicly or privately owned, on which the game of golf is played, including accessory uses and building customary thereto, but excluding golf driving ranges. Governing body. The town council of the town. Grade. Grade elevation shall be determined by averaging the elevations of the finished ground at the highest and lowest elevations immediately adjacent to the perimeter wall of the building. Guest house. Living quarters within a detached accessory building for use by temporary guests of the occupants of the premises, such quarters having no separate utility meters, and not rented or otherwise used as a separate dwelling. Health official. The legally designated health authority of the state department of health for the town, or his authorized representative. Home occupation. Any occupation, profession, enterprise or similar activity conducted within a dwelling unit which is the residence of the practitioner or within a building accessory to such dwelling unit. In order to qualify as a home occupation, an activity as described herein must be clearly secondary to the principal dwelling use of the premises and must meet all of the standards set forth in article XXV, supplemental regulations, which standards are intended to distinguish such activity from other business uses and to ensure compatibility with nearby residential uses. Town Council February 18, 2014 Page 16 of 33

Hospital. A building or group of buildings, having room facilities for overnight patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, and which may include related facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation. Hotel, motel, motor court, tourist court or motor lodge. A building or buildings in which lodging or boarding and lodging are provided for individuals primarily transient and offered to the public for compensation and in which room assignments are made through a lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding, rooming or lodging house, or multifamily dwelling which are herein separately defined. A hotel or motel may include restaurants, taverns or club rooms, public banquet halls, ballrooms and meeting rooms. Junkyard or automobile graveyard. The use of any area of land lying within three hundred (300) feet of a state highway or the use of more than fifty (50) 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 "junkyard" shall include the term "automobile graveyard" as defined in Chapter 304, Acts of 1939, Code of Virginia, as any lot or place which is exposed to the weather upon which more than five (5) motor vehicles of any kind, incapable of being operated, are placed. Kennel. Any place, so designed that dogs cannot escape, where five (5) or more dogs, more than four (4) months of age are kept or maintained; or any place, so designed that dogs cannot escape, where any number of dogs over four (4) months in age are kept for the sole purpose of sale, rental, boarding, grooming or breeding for which any fee is charged. A kennel shall not be interpreted to include pet shop, the housing of dogs for purposes of biological research, or an animal shelter. Laundromat. A building or part thereof where clothes or other household articles are washed in self-service machines with a capacity for washing not exceeding twenty (20) pounds dry weight and where such washed clothes and articles may also be dried or ironed and no delivery service is provided in connection therewith. Laundry. A building, or part thereof, other than a laundromat, where clothes and other articles are washed, dried and ironed. Limited industry. Includes warehousing and light manufacturing uses which produce some noise, traffic congestion or danger, but which are of such limited scale or character that they present no serious hazard to neighboring properties from fire, smoke, noise or odors. Examples are lumber yards, warehouses, laboratories, seafood preparation or processing, auto repair shops, bakeries, bottling plants, electronic plants, storage of farm implements, contractors' storage yards, steel or metal fabrication. Livestock. Animals, other than dogs, cats and other household pets, which are kept or raised for use, profit or enjoyment, including cattle, horses, sheep, goats, swine, fowl, rabbits and similar animals. Livestock market. A commercial establishment wherein livestock is collected for sale and auctioned. Loading space. A space within a building or on the premises providing for the standing, loading, or unloading of vehicles. Town Council February 18, 2014 Page 17 of 33

Lodge, private. Those associations and organizations of a fraternal or social character not operated or maintained for profit, but the terms shall not include night clubs or other institutions operated as a business. Logo, logogram, or logotype. An emblem, letter, character, pictograph, trademark, or symbol used to represent any firm, organization, entity, or product.

Lot. A parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yard, open space, lot width and lot areas as are required by this chapter, either shown on a plat of record or considered as a unit of property and described by metes and bounds. Lot, corner. A lot abutting on two (2) or more streets at their intersection. Of the two (2) sides of a corner lot, the front shall be deemed to be the shorter of the two (2) sides fronting on streets. 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. Any lot other than a corner lot. Lot, width of. 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 minimum required setback as defined and required herein: see "frontage." Lot of record. A lot, a plat or description of which has been recorded in the clerk's office of the circuit court. Lot line, front. The line separating the lot from a street on which it fronts. On a corner lot, the front shall be deemed to be along the shorter dimension of the lot; and where the dimensions are equal, the front shall be on that street on which predominance of the other lots in the block front. Lot line, rear. The lot line opposite and most distant from the front lot line. Lot line, side. Any lot line other than a front or rear lot line. Major thoroughfare. A street or highway so designated on the major thoroughfare plan of the town. Manufacture or manufacturing. The processing or converting of raw unfinished materials, or products, or either of them, into articles or substances of different character, or for use for a different purpose. Manufactured home. Any structure complying with the Federal Manufactured Housing Construction and Safety Standards, which is transportable in one or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on a site; is built on a permanent chassis; is designed to be used for dwelling purposes by one family, with or without a permanent foundation, when connected to the required utilities; and which includes the plumbing, heating, air-conditioning, and electrical systems to be utilized in the structure. The term "manufactured home" includes the term "mobile home." Town Council February 18, 2014 Page 18 of 33

Manufactured home lot. Any lot, area or tract of land used or designed to accommodate one manufactured home. Marquee. A roof like structure or awning projecting over an entrance, as to a theater. Mini-storage facility. A building or group of buildings in which wares or goods are stored, usually in separate, enclosed areas rented to individuals. Operation of any business using storage in such a facility is prohibited. Mini-warehouse facility. A building or group of buildings in which wares or goods are stored, usually in separate, enclosed areas rented to individuals or businesses.

Mural. A picture on an exterior surface of a structure. A mural is an attached sign only if it is related by language or logo to the advertisement of any product or service or the identification of any business.

Nonconforming building. A building or structure having one or more nonconforming features. Nonconforming feature. A feature of a use, as distinguished from the use itself, or a feature of a building, which feature was lawfully existing at the effective date of this chapter or subsequent amendment thereto, and does not conform with the requirements established by this chapter or an amendment thereto. Features of uses or buildings shall be construed to include density, lot area, lot dimensions, yards, setbacks, open spaces, height, bulk, number of occupants, screening, landscaping, lighting, off-street parking, and similar requirements. A building having any such nonconforming feature may be referred to as a nonconforming building. Nonconforming lot. A lot of record which was lawfully existing at the effective date of this chapter or subsequent amendment thereto, and which lot does not meet the lot area, lot width or other dimensional requirement of this chapter or an amendment thereto. Nonconforming use. A principal or accessory use of land or of a building or structure, which use was lawfully existing at the effective date of this chapter or subsequent amendment thereto and is not a permitted use under the provisions of this chapter or an amendment thereto. Nursing home, convalescent home, rest home. A place devoted primarily to the maintenance and operation of facilities for the treatment and care of any person suffering from illnesses, diseases, deformities or injuries, not requiring extensive or intensive care that is normally provided in a general hospital or other specialized hospital. Open space. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment, or for the use and enjoyment of owner and occupants of land adjoining or neighboring such open space. This area of land is to be unoccupied by habitable buildings, streets or parking lots. Open space, common. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate. Open space, required. Any space required in any front, side or rear yard. Town Council February 18, 2014 Page 19 of 33

Parking lot. An open, unoccupied space used or required for use for parking of automobiles or other private vehicles exclusively and in which no gas or automobile accessories are sold or no other business is conducted and no fees are charged. Parking space, off-street. An all-weather surfaced area not within a public street or alley right-of-way and having not less [area] than specified by this chapter, exclusive of driveways, and permanently reserved for the temporary parking of one vehicle, and connected with a street or alley by a surfaced driveway which affords ingress and egress for a vehicle without requiring another vehicle to be moved. Party wall. A separating barrier common of two (2) or more adjacent dwellings consisting of a masonry wall. Projection above the roof line may be eliminated. Personal services establishments. A business primarily engaged in providing services involving the care of a person or his or her apparel including, but not limited to, laundry, diaper service, beauty shops, barber shops, shoe repair, funeral services, etc. Philanthropic. Such institutions that dispense or receive aid from funds set aside for humanitarian purposes. (Red Cross, Christian Aid.) Porch. The term "porch" shall include any porch, veranda, gallery, terrace or similar projection for a main wall of a building and covered by a roof, other than a carport as defined in this section. An "unenclosed porch" is a porch with no side enclosure (other than the side of the building to which the porch is attached) that is more than eighteen (18) inches in height, exclusive of screens. Premises. A lot, together with all buildings and structures thereon. Public access easement. Any area through which ingress and egress is not restricted or limited to any individual occupant of the development or guest. Public building. A building, or part thereof, owned or leased and occupied and used by an agency or political subdivision of the United States of America, the commonwealth, the county or the town. Public water and sewer systems. The water or sewer system owned and operated by the town or other unit of government authorized by state law. Recreational equipment, major. Travel trailers, pickup campers, motorized trailers, motor homes, recreational vehicles, houseboats, boats, other water craft, boat and water craft trailers and the like, and cases or boxes used for transporting such recreational equipment, whether occupied by such equipment or not. Regulations. The whole body of regulations, text, charts, tables, diagrams, maps, notations, references and symbols, contained or referred to in this chapter. Residential district. A RR-1, R-1, R-2, R-3, R-4 or R-5 district established by this chapter. Restaurant. Any building in which, for compensation, food or beverages are dispensed for consumption on or off the premises. Restaurant, drive-in. Any structure or establishment merchandising or dispensing food, beverage, or refreshments at which the customer is served either: (a) while sitting in a motor vehicle in a parking space; or (b) at an interior or exterior sales window, counter or service area, and at which the food, beverage or refreshments are sold for consumption either inside the said structure or in motor vehicles on the premises. Town Council February 18, 2014 Page 20 of 33

Restaurant, fast food. Any structure or establishment merchandising or dispensing food, beverage, or refreshments at which the customer is served at an interior or exterior sales window, counter or service area and at which the food, beverage or refreshments are sold for consumption either inside the said structure or in motor vehicles on the premises. Rest home, convalescent home, nursing home. Any place containing beds for two (2) or more patients, established to render domiciliary care for chronic or convalescent patients, but not including child care homes or facilities for the care of feebleminded, mental, epileptic, alcoholic patients or drug addicts. Retail stores and shops. Buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood and lumber yards). Rooming house. A dwelling in which, for compensation, lodging is furnished [to] four (4) or more, but not more than fourteen (14) persons. A "boarding house." Satellite television antenna. An apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit. Sawmill. A sawmill located on public or private property for the process of timber. Setback. The minimum distance by which any building, structure or designated activity or use must be separated from the front lot line. Also referred to as "front yard." Servants' quarters. Living quarters within a portion of a main building or in an accessory building located on the same lot within the main building used for servants employed on the premises and not rented or otherwise used as a separate dwelling. Scrolling displays. The movement of a static message or display on an electronic changeable copy sign.

Shielded light source. Shall have the meaning associated with the nature of the light source, as follows: (a) For an artificial light source directing light upon a sign, shielded light source shall mean a light source diffused or directed so as to eliminate glare and housed to prevent damage or danger. (b) For light source located within a sign, shielded light source shall mean a light source shielded with a translucent material of sufficient opacity to prevent the visibility of the light source.

Shopping center. A group of three (3) or more retail stores, shops and other commercial establishments with a single overall architectural style which is planned, constructed and managed as a total entity with shared access, parking and other common areas.

Sign. A presentation of letters, numbers, figures, pictures, emblems, insignia, lines or colors, or any combination thereof, including borders and trim which form an integral part of the display and which differentiate the sign from the structure against which it is placed, displayed for the purpose of information, direction or identification or to advertise or promote a business, service, activity, interest or product or any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale. Town Council February 18, 2014 Page 21 of 33

Sign. A presentation of letters, numbers, figures, pictures, emblems, insignia, lines or colors, or any combination thereof, including borders and trim which form an integral part of the display and which differentiate the sign from the structure against which it is placed, displayed for the purpose of information, direction or identification or to advertise or promote a business, service, activity, interest or product. Displays, graphics, artwork, or any otherwise lawful noncommercial message that is not for the purpose of directing attention to a business operated for profit or to a commodity or service for sale shall not be considered signs.

Sign, abandoned. Any sign which: (a) For at least six continuous months, does not identify or advertise a bona fide business, leaser, service, owner, product or activity on the premises on which the sign is located; or (b) If the premises is leased, relates to a tenant and at least two (2) years have elapsed since the date the most recent tenant ceased to operate on the premises; or (c) No legal owner can be found and relates to a use or purpose that is no longer in existence.

Sign alteration. Any change in size or shape, which changes appearance of a sign, or a change in position, location, construction or supporting structure of a sign, except that a copy change on a sign is not an alteration. A change in corporate logo is not considered an alteration.

Sign, animated. A sign or display which has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, oscillate or visibly alters in appearance in a manner that is not permitted by these regulations.

Sign, attached. A sign which is painted on or attached flat against a wall, window or other vertical surface of a building or other structure, including the face of a porte-cochere, permanently covered walkway or porch, and which sign extends no more than one (1) foot from the surface to which it is attached and does not extend beyond the extremities of such surface. Signs attached to the lower plane of a mansard or gambrel roof of a building or other structure shall be construed as attached signs, provided that such signs are attached flat to the roof surface or are parallel to the building or structure wall above which they are located, and do not extend beyond the extremities of the roof surface.

Sign, attached. A sign which is painted on or attached flat against a wall or other vertical surface of a building or other structure, including the face of a permanently covered walkway or porch, and which sign extends no more than one (1) foot from the surface to which it is attached and does not extend beyond the extremities of such surface. Signs attached to the lower plane of a mansard or gambrel roof of a building or other structure shall be construed as attached signs, provided that such signs are attached flat to the roof surface or are parallel to the building or structure wall above which they are located, and do not extend beyond the extremities of the roof surface. The total area of attached signs located on a lot Town Council February 18, 2014 Page 22 of 33 shall not exceed one and one-half (1½) square feet of sign area for each linear foot of main building/business frontage and such signs may be located on the main building or other structure on the lot. On a corner lot, the permitted sign area shall apply to each street frontage.

Sign, awning. A sign that is painted or otherwise applied on or attached to an awning, or other fabric, plastic, or structural protective cover over a door, entrance, or window of a building.

Sign, banner. See "sign, temporary".

Sign, billboard. A sign used as an outdoor display for the purpose of advertising or promoting a business, service, activity, interest or product which is not located, offered for sale or otherwise related to the use of the premises on which such sign is situated.

Sign, business. A sign which directs attention to a profession or business conducted or to a commodity, service activity or entertainment sold or offered upon the premises where the sign is located, or on the building to which the sign is affixed.

Sign, changeable copy. A freestanding sign or portion thereof which has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device and may be changed or re- arranged manually or mechanically with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.

Sign, changeable copy, electronic. A monument sign or portion thereof that displays electronic, non-pictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs do not include official or time and temperature signs or fuel price display signs. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or other objects. The total area of the electronic changeable copy area for such signs shall not exceed 40% of the total area of the sign area permitted for that site.

Sign, directional. A freestanding sign indicating the direction to which attention is called, and including the name and approximate location of the person or firm responsible for its erection.

Sign, directional. A freestanding sign indicating the direction to which attention is called, and including the name and approximate location of the person or firm responsible for its erection. Directional signs shall not exceed four (4) square feet in area or five (5) feet in height, and shall not be located within ten (10) feet of any street line or other property line.

Town Council February 18, 2014 Page 23 of 33

Sign, directory. A sign attached to a building that lists the names, uses, or locations of the businesses or activities conducted within a building or group of buildings of a development.

Sign, double-faced. A sign with two faces either parallel to each other and located not more than twenty-four (24) inches from each other or being a V-shaped sign.

Sign, electronic graphic display. A monument sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. The total area of the electronic message display area for such signs shall not exceed 40% of the total area of the sign area permitted for that site.

Sign face. The area of display surface used for the message.

Sign, flashing. A sign of which any portion changes in light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. Signs which display time, temperature, or date, and electronically controlled message centers shall not be considered a flashing sign.

Sign, freestanding. A sign not attached to a building and supported by uprights, brackets, poles, posts, foundation or similar features which are anchored within the ground.

Sign, freestanding. A sign not attached to a building and supported by uprights, brackets, poles, posts, foundation or similar features which are anchored within the ground. No freestanding sign shall be located within ten (10) feet of any property line. In locating freestanding signs within setbacks, consideration of the location and character of street trees, landscaping features, utility lines, driveways and other features shall be afforded in accordance with guidelines contained in the Development Guidelines Handbook.

Sign, fuel pump. A sign placed directly on, or attached to a fuel pump.

Sign, fuel pump. A sign placed directly on, or attached to a fuel pump. Fuel pump signs shall not exceed two (2) square feet in area on each face of a fuel pump.

Sign, gas station canopy. A structure, preferably pitched in nature that provides shelter to those utilizing the pumps that are directly below it.

Sign, gas station canopy. A sign attached to the fascia of a gas station canopy.

Sign, height. The vertical distance from the street grade or the average lot grade at the front setback line, whichever is greater, to the highest point of the sign. Town Council February 18, 2014 Page 24 of 33

Sign, home occupation. A sign not exceeding the two (2) square feet in area attached to a building and identifying a home occupation located within such building.

Sign, home occupation. A sign not exceeding the two (2) square feet in area attached to a building and identifying a home occupation located within such building.

Sign, illegal. Any sign placed without proper approval or permits as required by this Code at the time of sign placement. Illegal sign shall also mean any sign placed contrary to the terms or time limits of any permit.

Sign, illuminated. A sign, or any part of a sign, which is externally or internally illuminated or otherwise lighted from a source specifically intended for the purpose of such illumination or lighting.

Sign, inflatable. Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.

Sign, marquee. Any sign painted on or attached to or supported by a marquee. Marquee signs shall only be permitted for theaters and live production venues.

Sign, mounted type. A freestanding sign, limited to no more than the permitted height, with a supporting structure that forms an integral part of the sign displayed thereon.

Sign, mounted type. A freestanding sign, limited to no more than the permitted height, with a supporting structure that forms an integral part of the sign displayed thereon.

Sign, monument. A detached sign that is either: (a) A solid structure made of brick, stone, concrete or similar durable type of material; or (b) Constructed on or connected directly to a solid supporting foundation made of brick, stone, concrete or similar durable type of material, with no separation between the sign and the base.

Sign, multi-vision. Any sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two or more images.

Sign, neighborhood. A monument sign erected at the entrance of a residential, commercial, or industrial development that identifies the development. One (1) neighborhood sign may be located at each street entrance to a residential neighborhood, provided that a total of not more than two (2) such signs shall be erected for a neighborhood, and provided further that each such signs shall not exceed thirty-two (32) square feet in area or six (6) feet in height, and shall not be located within five (5) feet of any street line or other property line.

Town Council February 18, 2014 Page 25 of 33

Sign, nonconforming. A sign lawfully erected and maintained prior to the adopting of this article that does not conform with the requirements of this article.

Sign, off-premise. A sign that directs attention to a business, product, service or establishment, conducted, sold or offered at a location other than the premises on which the sign is erected.

Sign, on-premise. Any sign identifying or advertising a business, person, property, activity, goods, products, or services, located on the premises where the sign is installed and maintained.

Sign, pennant. A sign, with or without a logo, made of flexible materials suspended from one or two corners, used in combination with other such signs to create the impression of a line, such as streamers.

Sign, political. Any sign designed for the purpose of supporting or opposing a candidate, proposition or other measure at an election. See temporary sign.

Sign, portable. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to: signs designed to be transported by means of wheels, signs converted to "A" or "T" frames: menu and sandwich board signs; balloons; umbrellas; used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used in the normal day-to-day operations of the business and is currently licensed by the State of Virginia with a valid inspection decal displayed.

Sign, portable. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to: signs designed to be transported by means of wheels, balloons; umbrellas used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used/moved in the normal day-to-day operations of the business and is currently licensed by the State of Virginia with a valid inspection decal displayed.

Sign, projecting. A sign or marquee that is attached to and projects more than one (1) foot from the face of a wall, facade or porch of a structure so that the face of the sign is perpendicular or nearly perpendicular to such wall, facade or porch, except when on an awning or marquee.

Sign, projecting. A sign or marquee that is attached to and projects more than one (1) foot from the face of a wall, facade or porch of a structure so that the face of the sign is perpendicular or nearly perpendicular to such wall, facade or porch, except when on an awning or marquee. Projecting signs shall have a minimum under-clearance of eight (8) feet and shall not project from the building greater than ten (10) feet or more than two (2) feet less than the width of any sidewalk over which such sign projects.

Sign, roof. A sign that is mounted on the roof of a building, or roof mounted equipment structure, which extends above the top edge of the wall of a flat-roofed building; above the Town Council February 18, 2014 Page 26 of 33 eave line of a building with a hip, or gable roof; or above the deck line of a building with a mansard roof. Any sign attached to the lower plane of a gambrel or mansard roof shall be considered an attached sign as permitted within this article.

Sign, shared. A freestanding sign that displays the name and/or use of two (2) or more uses or structures located on the same lot or on abutting lots. Such sign shall not be considered a billboard sign as defined herein.

Sign, shared. A freestanding sign that displays the name and/or use of two (2) or more uses or structures located on the same lot or on abutting lots. Two (2) or more abutting properties utilizing a common driveway are permitted one (1) such sign when a shared/common entrance between the abutting parcels exists. The height of such sign shall not exceed eighteen (18) feet; and the area of such sign shall not exceed one hundred twenty (120) square feet. When a shared sign is utilized, no other freestanding sign shall be permitted on either parcel. Such sign shall not be considered a billboard sign as defined herein.

Sign, temporary. A sign applying to seasonal or other brief activity, including but not limited to summer camps, horse shows, auctions or charitable educational or religious events; and in addition thereto, including the following types of signs: (1) Political campaign signs announcing candidates seeking public political office or other data pertinent thereto; (2) Construction signs erected and maintained on the site of a structure during the period of construction to announce only the nature of the structure and/or the name or names of the owners, contractor, architect, landscape architect or engineer; (3) Real estate signs pertaining to the offering for sale or lease of the land or structures on the land on which such sign is placed; (4) Yard sale signs announcing to the public the location of a temporary sale of various items of merchandise at a residence.

Sign, temporary. A sign applying to seasonal or other brief activity. Temporary signs shall be located on private property. Real properties are not permitted a temporary sign for more than thirty (30) days during a twelve (12)-month period unless otherwise specified in this chapter. Specific types of temporary signs include but not limited to summer camps, horse shows, auctions or charitable educational or religious events; and in addition thereto, including the following types of signs:

(a) Political campaign signs. Signs announcing candidates seeking public political office or other data pertinent thereto shall be permitted up to a total area of eighteen (18) square feet and shall not exceed seven (7) feet in height for each lot in a residential district. Political campaign signs shall be permitted up to a total area of thirty-two (32) square feet in a business or industrial zone. These signs shall be confined within private property and shall not encroach into the visibility triangle at street intersections. All signs must be located a minimum of ten (10) feet from the property line. Furthermore, political campaign signs are excluded from the temporary sign regulation of real properties not being permitted a temporary sign for more than thirty (30) days during a twelve (12)-month period.

Town Council February 18, 2014 Page 27 of 33

(b) Construction signs. Signs erected and maintained on the site of a structure during the period of construction to announce only the nature of the structure and/or the name or names of the owners, contractor, architect, landscape architect or engineer. There shall be permitted only one such sign upon each site, and it shall not exceed the area of thirty-two (32) square feet. It shall not be illuminated and shall be set back not less than ten (10) feet from the property line. These signs shall be removed upon the issuance of the certificate of occupancy.

(c) Real estate signs. Signs pertaining only to the offering for sale or lease of the land or structures on the land upon which the sign is placed. There shall be permitted only one sign upon any lot of less than ten (10) acres. For a lot in excess of ten (10) acres, there shall be permitted two (2) such signs. In all residential zones, the area of each such sign shall not exceed four (4) square feet. In all business and industrial zones, the area of such signs shall not exceed thirty-two (32) square feet each. In all zones, such signs shall not be illuminated and shall be set back at least ten (10) feet from the property line.

(d) Yard sale signs. Signs announcing to the public the location of a temporary sale of various items of merchandise at a residence. Such signs may be displayed three (3) days prior to such sale and must be removed within three (3) days following the sale. Such signs may only be placed on the property where the yard sale is to take place. No permit is required for such a sign.

(e) Auction signs. A sign, not illuminated, advertising an auction to be conducted on the lot or premises upon which it is situated, such signs shall not exceed 20 square feet in area and may be erected not more than one (1) month before the date of the auction advertised and shall be removed within forty-eight (48) hours of its conclusion. No more than one such sign per site per calendar year.

(f) Banner signs. A temporary sign, not exceeding 20 square feet, made of fabric or other flexible material, suspended from a fixed structure, rope, wire, string, or cable. Banner signs are for the advertising of a special event, product, or group. Banner signs are not to be displayed for a period of more than thirty (30) days per calendar year. New businesses may be granted an additional thirty (30) days within the same calendar year.

(1) In all Residential Zones, temporary banners are not permitted on sites with houses, duplexes, and attached houses. Exception: banners for holidays, religious commemoration, and special family events.

(2) In the, Central Business District B-1, Highway Commercial B-2, Neighborhood Commercial B-4, Limited Industrial M-1, Planned Shopping Center PSC, Planned Office- Business POB zones, one banner no larger than twenty (20) square feet in size is permitted per property or, on a multi-use property, per storefront. Only one (1) of these banners may be hung on each building wall or on each separate structure. i. In no case may a site or storefront have more than two (2) temporary banners. Town Council February 18, 2014 Page 28 of 33

ii. In no case shall a temporary banner be larger than twenty (20) square feet in size. iii. A temporary banner may be displayed no longer than thirty (30) days per calendar year with the exception of an additional thirty (30) days for a new business. iv. Banners that do not meet the regulations of this subparagraph, must meet the standards for permanent signs.

Sign, traffic control. A sign not exceeding twelve (12) square feet in area, containing no advertising matter, and indicating the direction that traffic on the premises is to be routed including but not limited to entrance and exit signs.

Sign, traffic control. A freestanding or attached sign not exceeding four (4) square feet in area, containing no advertising matter, and indicating the direction that traffic on the premises is to be routed including but not limited to entrance and exit signs.

Sign, unsafe. Signs deemed unsafe to the public safety, health and welfare by the administrator, for whatever reason, are prohibited in all districts. Such signs shall be removed or modified immediately.

Sign, video display. A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects.

Sign, walkway. A sign attached to a ceiling or walkway covering outside the main entrance to a business in a shopping center, and containing the name of the business.

Sign, window. A permanent or temporary sign affixed to the interior or exterior of a window or door, or within one (1) foot of the interior of the window or door, visible primarily from the outside of the building; provided that the display of goods available for purchase on the premises is not a window sign. Such signs shall not exceed 40% of the total area of the window or door on which it is located. Window signs of a temporary material, such as paper, cloth or plastic, are allowed provided the regulations set forth for temporary signs are followed.

Sign, A-frame. A unique, freestanding sign that resembles the letter "A." It must be of professional quality and should meet all rules and regulations as specified in the Development Guidelines Handbook and the zoning ordinance, including having a sign permit approved by the town. It must be constructed of acceptable materials as approved by the zoning administrator. All A-frame signs must have the business name permanently affixed. A-frame signs may also contain a chalkboard or marker board.

Town Council February 18, 2014 Page 29 of 33

Sign, a-frame. A temporary and/or moveable sign constructed with two sides attached at the top so as to allow the sign to stand in an upright position. The sign must be constructed of durable materials. No A-frame sign shall be permitted to exceed two (2) feet in width and three (3) feet in height. Each side must be at least one (1) inch in thickness. It shall be located on the sidewalk or on the primary pedestrian path and cannot be placed more than four (4) feet from the entrance of the business it is advertising. In instances where the business entrance does not front the public street it may be located not more than four (4) feet from the edge of the main building. All such signs that encroach onto the public right-of- way must receive encroachment authorization issued in writing by the town manager. Such authorization shall specify the size and design, content, and exact location of the A-frame sign and the period of time for which such sign is authorized to be placed within the sidewalk area. A-frame signs may be placed on sidewalks that have a minimum width of sixty (60) inches or five (5) feet and then the sign must be placed to allow a minimum of thirty-six (36) inches of space for an individual in a wheelchair to pass.

Site plan. A drawing illustrating a proposed development and prepared in accordance with the specifications of article XVII. Special exception. A use or feature listed as such in this chapter and which may be permitted in a specified district, or in any district if so specified, under certain conditions, such conditions to be determined in each case by the terms of this chapter and by the board of zoning appeals after public hearing in accordance with the procedures specified by article XXI of this chapter and applicable state law. Special interest house. A house that is designed specifically for students at Randolph- Macon College that have successfully applied for the college's special interest housing program. It is only applicable to Randolph-Macon College students who are in good standing and who are not freshmen. A faculty advisor, along with staff from the college's residence life program must guide and supervise each special interest house. Specified anatomical areas. (1) Less than completely and opaquely covered: a. Human genitals, pubic region; b. Buttock; and c. Female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Stable, private. An accessory building, not related to the ordinary operation of a farm, for the housing of horses or mules owned by a person or persons living on the premises and which horses, donkeys, ponies or mules are not for hire or sale. Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. Town Council February 18, 2014 Page 30 of 33

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 for use. Street or road. A public thoroughfare. Street, centerline. The centerline of a street shall mean the centerline thereof as shown in any of the official records of the county or any municipality therein, or as established by the state department of highways and transportation. If no such centerline has been established, the centerline of a street shall be a line lying midway between the sidelines of the right-of- way. Street line. The dividing line between a street or road right-of-way and the contiguous property. 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, except utility poles. Swimming pool. Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and two hundred fifty (250) square feet or more of water surface area, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond or other type of pool, located and designed so as not to create a hazard to be used for swimming or wading. Temporary use. A use of land or a use of a building or structure for a seasonal purpose subordinate to the principal use of the lot of which is located. Season purposes may include but are not limited to Christmas tree sales, pumpkin sales, ornamental flowers, [and] ice cream stands. Tourist home. A dwelling where only lodging is provided for compensation for up to fourteen (14) persons (in contrast to hotels and boarding houses) and open to transients. Tower. A structure higher than its diameter, that may be fully walled in or of skeleton framework and is high relative to its surroundings. Townhouse. A single-family dwelling unit being one of a group of not less than three (3) or more than ten (10) units, with such units attached to the adjacent dwelling or dwellings by party walls with lots, utilities and other improvements being designed to permit individual and separate ownership of such lots and dwelling units. Travel trailer. A vehicular, portable structure designed in accordance with the U.S.A. Standards for Travel Trailers (A119.2) currently in use, or as may be amended by the U.S.A. Committee on Mobile Homes and Travel Trailers. Its primary function shall be the provision of temporary dwelling or sleeping quarters during travel, recreation or vacation uses. Its design and type shall be clearly identified by the manufacturer, by a visible identifiable seal or plate of permanent nature, as a travel trailer. Its specification for transporting over the streets and highways shall be in accordance with the Code of Virginia, Title 46.1. No travel trailer shall be used for other temporary dwelling or sleeping quarters to exceed thirty (30) days. Tree. A woody perennial plant having a single, usually elongated, main stem generally with few or no branches on its lower part. Town Council February 18, 2014 Page 31 of 33

Truckstop. An area, usually on or near a major thoroughfare, which has been designed for and is being used for the fueling, servicing or parking of tractor-trailers or other trucks. These areas may be equipped with facilities to supply maintenance for these trucks, and may include motels and restaurants. For the purpose of this chapter, any area having more than two (2) pumps for diesel fuel shall be deemed to be a truckstop. Truck terminal. A building or area on which semi-trailers, including tractors or trailer units or other trucks, are parked or serviced, and where freight brought in by truck is assembled or stored for routing and reshipment. Usable satellite signals. Satellite signals, from the major communications satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television. Variance. A variance is a relaxation of the terms of this chapter 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 action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment of expansion of use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning district. Veterinary clinic. A facility rendering surgical and medical treatment to animals but having overnight accommodations for no more than four (4) small animals. For the purpose of this chapter, small animals shall be deemed to be ordinary household pets, excluding horses, donkeys or other such animals not normally housed or cared for entirely within the confines of a residence. Veterinary hospital. A facility rendering surgical and medical treatment to animals and having no limitation on overnight accommodations for such animals. Crematory facilities shall not be allowed in a veterinary hospital. For the purpose of this chapter, where a veterinary hospital is permitted, a veterinary clinic shall also be permitted. Waterway. Any body of water, including any creek, canal, river, lake or any other body of water, natural or artificial, except a swimming pool or ornamental pool located on a single lot. Waterway line. A line marking the normal division between land and a waterway as established by the administrator or this Code. Wholesale business. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Yards. An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by structures except as otherwise provided herein. Yard, front. An open space on the same lot as a building between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot. Yard, rear. An open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps) and the rear line of the lot and extending the full width of the lot. Town Council February 18, 2014 Page 32 of 33

Yard, side. An open, unoccupied space on the same lot as a building between the side line of the building (excluding the steps) and the side line of the lot and extending from the front yard to the rear yard line. Yard, street side; or side yard along a street. A side yard that abuts a street. Zoning administrator; or administrator. The person designated to administer and enforce the provisions of this chapter. (10-8-85, § 1; 9-22-87, § 2; 10-27-87, § 1; 6-28-88, § 1; 7-27-93, § 1; 12-13-94, § 1; 7-23-96, § 1; 1-28-97, § 1; 5-27-97(2), § 1; 3-24-98, § 1; 6-23-98(2), § 1; 12-15-98, § 1; 4-27-99, § 1; 4-27-99(2), § 1; 2-22-00, § 1; 10-16-02; 11-12-02; 6-10-03; 2-17-04; 10-19-04(1); 12-21- 04(2); 10-6-09; 10-6-09)

State Law References: Definitions relating to planning, Code of Virginia, § 15.1-430.

(10-8-85, § 1; 9-22-87, § 2; 10-27-87, § 1; 6-28-88, § 1; 7-27-93, § 1; 12-13-94, § 1; 7-23-96, § 1; 1-28-97, § 1; 5-27-97(2), § 1; 3-24-98, § 1; 6-23-98(2), § 1; 12-15-98, § 1; 4-27-99, § 1; 4-27-99(2), § 1; 2-22-00, § 1; 10-16-02; 11-12-02; 6-10-03; 2-17-04; 10-19-04(1); 12-21- 04(2); 10-6-09; 10-6-09)

NOW THEREFORE BE IT ORDAINED by the Council of the Town of Ashland, Virginia that Section 21-207.1 “General Provisions” shall be amended to read, as follows:

Black: Existing regulations Black: Existing regulations deleted Red: New language proposed

Chapter 21. Article XX Signs. Sec. 21-207.1. General Provisions.

Sign, animated. A sign or display which has any visible moving part, flashing or osculating oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate oscillate or visibly alters in appearance in a manner that is not permitted by these regulations.

Sign, temporary. A sign applying to seasonal or other brief activity. Temporary signs shall be located on private property. Real properties are not permitted a temporary sign for more than thirty (30) days during a twelve (12)-month period unless otherwise specified in this chapter. Specific types of temporary signs include but not limited to summer camps, horse shows, auctions or charitable educational or religious events; and in addition thereto, including the following types of signs:

(a) Political campaign signs. Signs announcing candidates seeking public political office or other data pertinent thereto shall be permitted up to a total area of four (4) eighteen (18) square feet and shall not exceed seven (7) feet in height for each lot in a residential district. Only one campaign sign will be allowed per candidate on a residential lot. Political Town Council February 18, 2014 Page 33 of 33 campaign signs shall be permitted up to a total area of thirty-two (32) square feet in a business or industrial zone. These signs shall be confined within private property and shall not encroach into the visibility triangle at street intersections. Political campaign signs may be displayed thirty (30) days prior to and seven (7) days after the election for which intended. All political campaign signs must be removed within seven (7) days after the election. All signs must be located a minimum of ten (10) feet from the property line. Furthermore, political campaign signs are excluded from the temporary sign regulation of real properties not being permitted a temporary sign for more than thirty (30) days during a twelve (12)-month period.

(5-12-81; 8-10-82; 9-14-82; 3-8-83, § 1; 6-10-86; 6-22-93, § 1; 1-23-96, § 1; 3-14-00, § 1; 2- 17-04; 6-19-12)

BE IT FURTHER ORDAINED by the Town Council that the amendments herein of the Code of the Town of Ashland shall be effective immediately upon adoption.

Introduced:

Advertised: Planning Commission: Herald Progress: October 24, 2013 and October 31, 2013 Town Council: Herald Progress: November 28, 2013 and December 5, 2013

Public Hearing: Planning Commission: November 13, 2013 Town Council: December 17, 2013

Adopted: Effective:

1

1 Ashland Town Council Meeting 2 February 4, 2014 3 4 Draft Minutes 5 6 The Ashland Town Council met on Tuesday, February 4, 2014, for its regular meeting in the 7 council chambers of town hall at 7:03 p.m. The meeting was called to order by Mayor Faye 8 Prichard. 9 10 Town Council members present: 11 Faye O. Prichard 12 George F Spagna 13 Steven P. Trivett 14 Edward L. Henson III 15 James R. Foley 16 17 Staff present: 18 Charles Hartgrove, Town Manager 19 Joshua Farrar, Deputy Town Manager / Finance Director 20 Wanda Cornwell, Assistant to the Town Manager 21 Douglas Goodman, Chief of Police 22 Mike Davis, Director of Public Works 23 Nora Amos, Planning Director 24 Andrea Erard, Town Attorney 25 Dallin Kimble, Management Analyst 26 27 Moment of silence 28 29 Chief Douglas Goodman offered the invocation. 30 31 The Pledge of Allegiance was led by Mayor Faye Prichard. 32 33 Mayor Prichard expressed thanks to community for reaching out and continuing to support the 34 Police Foundation, the Town, and Ashland Police Department following the death of Sgt. 35 Menzies’ wife, Meg. 36 37 Mayor Prichard reviewed the agenda and Council adopted it as presented. 38 39 PRESENTATIONS 40 41 Mayor Faye Prichard read a proclamation declaring February as Black History Month in 42 Ashland. 43 44 Mayor Faye Prichard read a proclamation declaring February 16-22 Founders’ Week in 45 Ashland. 46 47 Mr. L. Robert Bolling, CEO of ChildSavers, presented to the council on behalf of his 48 organization. ChildSavers provides child development and mental health services in central and 49 southern Virginia. 50

Town Council minutes February 4, 2014 2

51 Mayor Prichard inquired how ChildSavers fits in Ashland, to which Mr. Bolling responded that 52 ChildSavers partners with the community school board and school systems to mentor service 53 providers and help improve child-focused services. 54 55 Mr. Foley inquired about funding for ChildSavers, to which Mr. Bolling responded that ½ of their 56 funding comes from grants, 1/3 from Medicaid and patient insurance, and the balance from 57 contractual agreements and private donations. 58 59 CITIZEN INPUT 60 61 No issues were brought forward. 62 63 CONSENT AGENDA 64 65 The consent agenda included a resolution to enter a contract with the Department of 66 Environmental (DEQ) Quality for the Virginia Stormwater Management Program Phase 2 grant, 67 invoices for a Ford F-250 Super Duty truck and a diesel generator for the town shop, and 68 minutes from December 3 and December 17, 2013, and January 7, 2014. A copy of the 69 resolution is included here: 70 71 RESOLUTION 72 73 WHEREAS, Sec.2-14 of the Town Code of Ashland provides for contracts and 74 purchases generally to be entered into by the Town Manager on behalf of the Town pursuant to 75 a resolution; and 76 WHEREAS, it is necessary to execute a CONTRACT for the VSMP Phase 2 Grant, 77 Contract No. 15712, between the Town of Ashland and the Virginia Department of 78 Environmental Quality (DEQ) 79 NOW, THEREFORE, BE IT RESOLVED that the Ashland Town Council hereby 80 authorizes and directs the Town Manager to execute the CONTRACT between the Town of 81 Ashland and the Virginia Department of Environmental Quality. 82 83 ______84 Faye O. Prichard, Mayor 85 ______86 Charles W. Hartgrove, Clerk of Council 87 88 Dated: February 4, 2014 89 90 Mr. Davis was requested to clarify the purpose of the contract with DEQ, to which he responded 91 that the contract allowed the Town to receive a $70,000 grant. At the mayor’s request, he also 92 clarified that receipt of this grant is not related to the parking lot already constructed. 93 94 Mr. Henson motioned to approve the consent agenda; Dr. Spagna seconded the motion. Roll 95 call voting was unanimous in the affirmative.

Town Council minutes February 4, 2014 3

96 97 ACTION AGENDA 98 99 1. Consider Write Off of Unenforceable Taxes 100 101 Mr. Farrar advised Council that local taxes can only be collected for up to 5 years for 102 personal property and 20 years for real estate per Virginia State Code 58.1-3940. 103 Uncollectable taxes have not been included in the current budget, so there is no fiscal 104 impact to the Town. Staff recommends writing off $29,656.90 of unenforceable taxes. 105 106 Mr. Foley inquired about publishing the names of those who had not paid. Mr. Farrar 107 responded that the Town is required to make that list but has not previously published and 108 would wait for the direction of the Council to publish said list in the future. 109 110 Ms. Erard advised that publishing said list more prudent while taxes still collectable and 111 some advertising ROI possible. 112 113 Mr. Farrar advised that business taxpayers are protected from said list per releasing tax 114 information could compromise competitive advantage. 115 116 Mr. Henson inquired if accounting ledger clogged per comment from Mr. Farrar. Mr. Farrar 117 affirmed increased chance of error with uncollectable taxes on the records. 118 119 Mr. Trivett inquired how many individuals would be affected. Mr. Farrar advised 1100 120 individual charges outstanding, but multiple charges could be attached to single piece of 121 property. 122 123 Dr. Spagna moved to write off the unenforceable taxes recommended by staff. 124 125 Mr. Henson seconded the motion. 126 127 Roll call voting was unanimous in the affirmative. 128 129 Mayor’s Report 130 131 Mayor expressed appreciation for community support of Menzies family, Ashland Police 132 Department and the Town following death of Sgt. Menzies’ wife, Meg. She also expressed 133 appreciation for those supporting downtown businesses while construction project going on and 134 encouraged residents to continue shopping downtown. 135 136 Mayor will be attending upcoming Small Jurisdictions Committee meeting that will discuss 137 economic development ideas in the greater Richmond area. 138 139 Thursday is Local Government Day. Mayor, Dr. Spagna, Mr. Hargrove will attend VML update 140 on legislative agenda. Mayor Prichard will also attend the governor’s Thursday night reception. 141 142 Management Reports 143 144 Mr. Hartgrove presented his report from the town manager’s office. 145

Town Council minutes February 4, 2014 4

146 Chief Goodman presented his report from the police department. Mr. Trivett inquired if there are 147 more accidents in town when I-95 is congested, to which Chief Goodman responded a slight 148 increase but success with visible patrols. Mayor Prichard inquired whether I-95 communities 149 coordinated their efforts related to preventing freeway-related crimes, to which Chief Goodman 150 responded that there is shared intelligence via the state police but also some lag time while a 151 crime scene is being investigated and information gathered. Mr. Trivett commended Chief 152 Goodman for the quick arrest of suspects following two recent robberies. 153 154 Ms. Amos presented her report from the planning department. Mayor requested coordination 155 with museum and Rosanne Shalf on event related to insulation/restoration of historic homes. 156 157 Mr. Davis presented his report from the public works department. 158 159 Mr. Farrar presented his report from the finance department. Council tentatively scheduled a 160 budget work session for March 4th and special budget meeting March 11th. Mr. Foley requested 161 a copy of delinquent tax history aggregated by year. 162 163 Seeing no other business to come before council, Mayor Prichard adjourned the meeting at 7:58 164 p.m. 165 166 167 168 ______169 Faye O. Prichard, Mayor 170 171 ______172 Charles W. Hargrove, Clerk of Council 173

Town Council minutes February 4, 2014 FY 14 Revenue Projection

FY2014 (12 Actual Revenues (12 months) months) Actual Revenues as of Dec 21, (6 months) In Dollars % of Budgeted Revenues Projected In Dollars % of Budgeted Revenues FY2013 FY2014 FY2013 FY2014 Revenue 2012 2013 2012 2013 Budgeted Revenues (12 months) Projected Audited Projected Over/(Under) Revenues by Source (FY2013) (FY2014) (FY2013) (FY2014) FY2013 FY2014 Audited Revenues Revenues Revenues Revenues Budget Real Property Taxes $ 216,757 $ 244,737 34.68% 39.47% $ 625,000 $ 620,000 $ 624,029 $ 625,000 99.84% 100.81% $ 5,000 Personal Property Taxes $ 41,502 $ 55,833 16.60% 22.33% $ 250,000 $ 250,000 $ 279,017 $ 265,000 111.61% 106.00% $ 15,000 Other Property Taxes $ 14,047 $ 13,461 21.48% 20.55% $ 65,400 $ 65,500 $ 68,797 $ 70,000 105.19% 106.87% $ 4,500 Business Licenses $ 43,723 $ 21,165 10.41% 4.98% $ 420,000 $ 425,000 $ 500,256 $ 455,000 119.11% 107.06% $ 30,000 Sales Tax $ 203,618 $ 229,942 65.68% 65.70% $ 310,000 $ 350,000 $ 438,114 $ 440,000 141.33% 125.71% $ 90,000 Meals Tax $ 939,222 $ 966,343 52.77% 53.69% $ 1,780,000 $ 1,800,000 $ 1,814,498 $ 1,820,000 101.94% 101.11% $ 20,000 Lodging Tax $ 239,096 $ 307,106 56.26% 51.01% $ 425,000 $ 602,000 $ 446,241 $ 570,000 105.00% 94.68% $ (32,000) Cigarette Tax $ 154,803 $ 128,341 49.14% 35.19% $ 315,000 $ 364,737 $ 303,298 $ 240,000 96.29% 65.80% $ (124,737) Other Local Taxes $ 261,083 $ 246,673 35.19% 33.42% $ 742,000 $ 738,000 $ 785,599 $ 764,000 105.88% 103.52% $ 26,000 Permits, Fees, Licenses $ 29,644 $ 37,472 84.46% 117.10% $ 35,100 $ 32,000 $ 46,392 $ 40,000 132.17% 125.00% $ 8,000 Fines & Forfeitures $ 52,892 $ 66,582 37.78% 66.58% $ 140,000 $ 100,000 $ 113,461 $ 105,000 81.04% 105.00% $ 5,000 Revenue from the Use of Money & Property $ 35,399 $ 17,458 43.43% 77.59% $ 81,500 $ 22,500 $ 23,236 $ 22,500 28.51% 100.00% $ - Recovered Costs $ 174,533 $ 6,712 101.67% 24.03% $ 171,662 $ 27,935 $ 187,939 $ 27,935 109.48% 100.00% $ - Revenue From the Commonwealth $ 1,047,295 $ 1,062,665 56.44% 55.45% $ 1,855,677 $ 1,916,476 $ 1,908,674 $ 1,946,476 102.86% 101.57% $ 30,000 Revenue from the Federal Government $ - $ 5,094 0.00% 21.68% $ 33,500 $ 23,500 $ 33,041 $ 23,500 98.63% 100.00% $ - Revenue from Other Sources $ 5,853 $ 9,445 0.93% 1.28% $ 631,647 $ 735,269 $ 76,893 $ 726,269 100.00% 100.00% $ (9,000) Total Revenues $ 3,459,468 $ 3,419,030 43.89% 42.35% $ 7,881,486 $ 8,072,917 $ 7,649,485 $ 8,140,680 97.06% 100.84% $ 67,763 CPF Revenues $ 571,501 $ 1,151,294 15.65% 36.27% $ 3,651,954 $ 3,174,526 $ 1,318,652 $ 3,499,526 36.11% 110.24% $ 325,000 Total Revenues $ 4,030,970 $ 4,570,324 34.95% 40.63% $ 11,533,440 $ 11,247,443 $ 8,968,137 $ 11,640,206 77.76% 103.49% $ 392,763

Revenue Comments

. Sales and Business License revenue are estimated based on FY13 collections and strong performance in FY14 to date.

. Cigarette tax collections are extremely slow this year. Lodging collections also appear to be very slow.

. The CPF revenues are estimated over budget by $325,000 for the VA Truck Center proffers received in August.

. This quarterly report does not include the budget amendment proposed for February. FY 14 Expenditure Projection

FY2014 (12 Actual Expenditures (12 months) months) Actual Expenditures as of Dec 21, (6 months) In Dollars % of Budgeted Expenditures Projected In Dollars % of Budgeted Expenditures FY2013 FY2014 FY2013 FY2014 Expenditures 2012 2013 2012 2013 Budgeted Expenditures (12 months) Audited Projected Estimated Projected Over/(Under) Expenditures by Function (FY2013) (FY2014) (FY2013) (FY2014) FY2013 FY2014 Expenditures Expenditures Expenditures Expenditures Budget Legislative $ 12,919 $ 12,357 38.67% 35.74% $ 33,407 $ 34,577 $ 25,067 $ 34,577 75.04% 100.00% $ - General Government Administration $ 523,965 $ 464,653 57.85% 49.75% $ 905,775 $ 933,967 $ 919,451 $ 949,967 101.51% 101.71% $ 16,000 Public Safety $ 1,382,094 $ 1,161,669 59.76% 48.69% $ 2,312,712 $ 2,386,040 $ 2,318,596 $ 2,380,040 100.25% 99.75% $ (6,000) Public Works $ 1,392,708 $ 1,393,993 48.67% 45.59% $ 2,861,526 $ 3,057,556 $ 2,688,144 $ 3,057,556 93.94% 100.00% $ - Parks & Recreation $ 82,594 $ 63,772 53.52% 34.74% $ 154,317 $ 183,561 $ 142,935 $ 183,561 92.62% 100.00% $ - Planning $ 265,194 $ 277,348 50.40% 51.51% $ 526,157 $ 538,460 $ 507,332 $ 538,460 96.42% 100.00% $ - Non-Departmental $ 221,099 $ 923,298 20.33% 98.35% $ 1,087,592 $ 938,756 $ 1,054,423 $ 938,756 96.95% 100.00% $ - Expenditures by Function $ 3,880,573 $ 4,297,091 49.24% 53.23% $ 7,881,486 $ 8,072,917 $ 7,655,948 $ 8,082,917 97.14% 100.12% $ 10,000 CPF Expenditures $ 367,542 $ 648,123 10.06% 20.42% $ 3,651,954 $ 3,174,526 $ 1,100,272 $ 3,174,526 30.13% 100.00% $ - Total Expenditures by Function $ 4,248,115 $ 4,945,214 36.83% 43.97% $ 11,533,440 $ 11,247,443 $ 8,756,220 $ 11,257,443 75.92% 100.09% $ 10,000

Expenditure Comments

. Capital Project Fund expenditures assume spending all budgeted funds. This will not occur.

. The Town Manager and Finance Department will likely over spend budgets due to technology improvements and switching accounting consultants mid way through the year.

. The Police Department budget will be underspent by $6,000 while the IT budget will be overspent by $6,000 to cover the increased costs associated with expanding our current IT services at the Police Department.

. Most departments across all Town functions are well within budgeted estimates.

. Projected general fund revenues of $8,140,680 less projected expenditures of $8,082,917 leaves us with a positive balance of $57,763. When this amount is subtracted from budgeted unreserved fund balance transfer it reduces it from $670,769 to $613,006.

Chief Douglas A. Goodman, Jr. January 2014 The monthly report is intended to serve as an overview of the Ashland Police Department’s effort to combat crime within the Town of Ashland. The report contains information about the number of criminal offenses during the past month and the activities undertaken by the Police Department to improve the overall quality of life for the community.

The data helps the Police Department develop strategies for providing a safe environment in which to live, work, visit and play. The information is also intended to keep the public and officials informed. January January YTD YTD YTD Cleared Cleared Total Total Part 1 Offenses 2014 2013 2014 2013 Diff Arrest Exception Cleared 2013 Homicide 0 0 0 0 0 0 Rape 0 1 0 1 -1 1 Robbery 0 0 0 0 0 9 Aggravated Assault 0 1 0 1 -1 14 Arson 0 0 0 0 0 1 Burglary 1 0 1 0 1 0 0 0% 14 Larceny (below categories) 14 9 14 9 5 3 0 21% 225 Pick Pocket 0 0 0 0 0 0 Purse-Snatching 0 0 0 0 0 0 Shoplifting 3 2 3 2 1 3 0 100% 80 Theft from a Building 4 1 4 1 3 0 0 0% 56 Theft from a Coin Machine 0 0 0 0 0 0 Theft from a Motor Vehicle 4 4 4 4 0 0 0 0% 31 Theft of Motor Vehicle Parts 1 0 1 0 1 0 0 0% 17 All other Larceny 2 2 2 2 0 0 0 0% 41 Auto Theft 1 0 1 0 1 0 0 0% 11 Total Part I Offenses 16 11 16 11 5 3 0 0 275 Other Offenses of January January YTD YTD YTD Cleared Cleared Total Total Community Concern 2014 2013 2014 2013 Diff Arrest Exception Cleared 2013 Destruction/Vandalism 4 11 4 11 -7 0 0 0% 110 Drugs/Narcotics 8 15 8 15 -7 6 0 75% 130 Weapons Violations 1 0 1 0 1 1 0 100% 16 Drunk in Public 2 5 2 5 -3 2 0 100% 88 Liquor Law Violations 0 4 0 4 -4 0 0 34 Calls for Service 540 539 540 539 1 7,217 Self Initiated Activities 1,236 1,488 1,236 1,488 -252 16,851 Criminal Arrests 31 46 31 46 -15 623 Traffic Summonses 113 104 113 104 9 2,392 DUI Arrests 1 8 1 8 -7 61 Accidents 5 11 5 11 -6 109 PATROL OPERATIONS Captain Anthony Callahan Patrol Operations is comprised of 16 sworn officers under the leadership of a Captain. Officers are assigned to one of four squads, each led by a Sergeant, working 12-hour shifts. Patrol Operations handles all dispatched calls for service, conducts self-initiated enforcement activities and provides high visibility patrols in hopes to prevent and deter criminal activity.

Day Squads Night Squads Patrol Activities 710 720 730 740 Responses to Calls 188 209 177 146 Criminal Arrests 11 21 7 11 DUI Arrests 0 0 0 1 Park, Walk & Talks 132 142 185 154 Incident Reports 23 31 12 9 Traffic Summonses 27 43 28 18 Field Interviews 1 9 10 2 P2C Contacts 3 4 8 4 Adopt a Senior Visits 9 6 0 0 Lunch Buddies 5 11 0 0 Bank Checks 21 23 0 0 Funeral Escorts 4 2 0 0 Property Checks 72 185 494 394 Open Doors 0 0 12 2

STAR Corridor Update Officers handled 8 calls for service in this area; completed 86 park, walk and talk activities as well as 43.5 hours of traffic enforcement and general observation time. Officers had 76 community contacts and conducted 3 roll call meetings. Patrol Highlights 710 Squad attended counterfeiting and piracy training hosted by VSP

On January 12, 2014, officers observed three suspicious males sitting in a car located in an apartment complex. Officers made contact and arrested two for possession of drugs and one for an outstanding warrant. On January 17, 2014, officers responded to the Apple Garden Inn for a wanted subject call. Upon their arrival the were able to take the wanted party into custody for his outstanding warrants.

On January 10, 2014, officers conducted P2C at 7-11 S. Carter Rd. and developed information on the Truck Stop robbery case that let to the arrest of a subject in the robberies.

On January 21, 2014, officers responded to the Roses and the Sleep Inn for a possible stolen vehicle. Officers arrested subject for trespassing and assault on a law enforcement officer.

On January 14, 2014, officers found a suspicious vehicle at a closed business. One of the occupants was arrested for possession of marijuana.

During January 2014, 30 Squad officers found 12 open doors while conducting property checks. INVESTIGATIVE OPERATIONS Lieutenant Troy Aronhalt Investigative Operations is comprised of three investigators led by a Lieutenant. This operational component is responsible for the investigation of all felony and serious/repeat misdemeanor offenses reported to the police department. Additionally, this unit is tasked with proactive investigations into narcotics trafficking and other criminal behavior.

Investigative Activities Cases Assigned This Month 8 Cases Assigned YTD 8 Cases Cleared (YTD) 1 Clearance Rate (YTD) 12.5% Surveillance (hours) 33 Report Writing (hours) 18 Search Warrants 4 Warrants Obtained 2 Court Proceedings (hours) 24 Forensic Processing (hours) 5 Meetings with Other Agencies 9

Investigative Highlights A case involving child abuse was investigated. The unit obtained two felony warrants and worked with Hanover Child Protective Services to ensure the continued safety of the child. A member of the Unit conducted a gang prevention and awareness training session for the Hanover Department of Social Services. SPECIAL OPERATIONS Lieutenant James Shelhorse Special Operations entails several functional components of the agency: Crime Prevention (1 officer), Support Services (2 civilian members) and the Auxiliary Unit (2 volunteer) officers all led by a Lieutenant. In addition to duties tasked to individual members, this component is responsible for Recruitment, Selection, Training, Public Information, Special Event Coordination, and IT Administration.

Crime Prevention Activities Neighborhood Watch Meetings 1 Association Meetings 6 Security Assessments 0 Presentations 1 CPTED Plan Reviews 4 Training (hours) 8

Crime Prevention Notes Tour of APD for Royal Rangers

Attended monthly Triad meeting and monthly CMI meeting in Hanover

Attended Main Street Association meeting

Training

Off. Nuessle and Inv. Aigner instructed CPR and AED at the academy Off. Watts conducted Taser recertification training for all of the supervisors Off. Watts attended taser instructor recertification

Special Events

None during the month of January.

Special Operations Highlights

At the request of the Virginia Capitol Police, Officer Watts and Lieutenant Shelhorse participated in the security detail at the Virginia Gubernatorial Inauguration in Richmond T o w n of Ashland

January 2014 Management Report

Total Year This January January to Point 2014 2013 Date Last Total Year Development: Site Plan Reviews 8 7 8 7 Rezoning Requests 1 2 1 2 Conditional Use Permit Requests 0 0 0 0 Board of Zoning Appeals Variance/Appeals Requests 0 0 0 0 Subdivisions 2 0 1 0 Enforcement: Sign Violations 11 12 11 12 Zoning Investigations 8 18 8 18 Administration: Pre-Application Conference 2 8 2 8 Zoning-Planning Inquiries 114 189 114 189 Building Permits 5 12 5 12 Total Certificates of Occupancy 1 0 1 0 Residential Certificates of Occupancy 0 0 0 0 Commercial Certificates of Occupancy 1 --- 1 0 Sign Permits 1 2 1 2 Business License Review 0 5 0 5 Text Amendments 0 1 0 1 GIS Inquiries/Maps 2 0 2 0 Economic Development: Prospective Business Contacts 5 5 5 5 Current Business Contacts 39 13 39 13 Partner Agency Meetings/Conferences 6 12 6 12 Town Website Hits 5,881 5,510 5,881 5,510 Facebook Reach 52,738 --- 52,738 0 New Businesses – January 2014 OTHER: • RNDC site plans have been approved and construction should begin this month. • Two public meetings have been scheduled to review the B-1 text amendments with the business and property owners: March 6th from 5:30pm-7:00pm in Town Hall - Meeting for business and property owners o th o March 12 at 7:00pm in Town Hall - Public hearing on Downtown zoning update with the Planning Commission • Home Energy Store seminar rescheduled to February 20th, 5:30-7:00.

DEVELOPMENT PLANS:

Applications under review • Sumpter Priddy, Jr. – Site Plan • Republic National Distributing Company (RNDC) – Site Plan • TA Operations LLC – Site Plan • East Ashland Entrance # 1 – Site Plan • Re-subdivision of 700 South Taylor Street – Major Subdivision • Green Acres – Major Subdivision • Green Acres – Rezoning (PUD)

Approved • Chick-fil-A – Revised Site Plan – (Approved 2/25/2013) • O’Reilly’s Auto Parts – Site Plan (Approved 2/21/2013) • 304 North Snead Street (Alice Trotter) Vacation of Right-of-Way (Approved 2/19/2013) • Ashland Business Park, Section Two (Tractor Supply) – Major Subdivision (Approved 4/16/2013) • Tractor Supply Company – Site Plan (Approved 5/1/2013) • Randolph-Macon College – Brock Commons - Revised Site Plan (Approved 5/7/2013) • Bank of America ADA Upgrade - Site Plan (Approved 5/31/2013) • Vaughan Heights – Site Plan (Approved 6/13/2013) • Henry Street Sewer Rehab – Site Plan (Approved 6/13/2013) • Providence Subdivision Section 2 Site Plan (Approved 6/13/2013) • Concrete Pipe & Precast, LLC – Rezoning (Approved 6/18/2013) • Ronald D. Gibbs, Used Auto Sales – Conditional Use Permit (Approved 7/16/2013) • Randolph-Macon College – Birdsong Senior Dorms – Site Plan (Approved 7/16/2013) • Tractor Supply Company – (Irrigation Layout Update) – Site Plan (Approved 7/25/2013) • Faith Sharon Home – Conditional Use Permit (Approved 8/20/2013) • DebMark, LLC – Conditional Use Permit (Approved 8/20/2013) • Randolph-Macon College Fountain – Site Plan (Approved 8/22/2013) • Tractor Supply Company Site Lighting Plan - Site Plan (Approved 8/29/2013) • Sumpter T. Priddy, Jr. – Rezoning (Approved 9/3/2013) • Giant (Martins) Fuel Station - Site Plan (Approved 9/3/2013) • Washington Street Sanitary Sewer – Site Plan (Approved 9/23/2013) • Bramel Properties Lot Clearing Plan – Site Plan (Approved 9/13/2013) • Republic Nat’l Distribution Co. (RNDC) Right-of-Way Vacation – Minor Subdivision (Approved 9/17/2013) • Proposed Restaurant SEA Job #2617 – Site Plan (Approved 10/4/2013) • Republic National Distribution Company Early Land Disturbance – Site Plan (Approved 10/29/2013) • Sumpter Priddy and Cornelia Priddy – Major Subdivision (Approved 11/05/2013) • Bramel Properties – Minor Subdivision (Approved 12/03/2013) • Virginia Street Subdivision aka France English – Major Subdivision (Approved 12/17/2013) • Re-subdivision of Lot 6 and 7 - Minor Subdivision (Approved 12/17/2013) • Travis & Farren Wilkerson – Variance (Approved 12/19/2013) • TA Operations LLC ELD – Site Plan (Approved 12/05/2013) • Virginia Street Subdivision aka France English – Site Plan (Approved 1/07/2014)

Under Construction • Carters Hill Section 2 Subdivision – James and Chapman Streets • Heartland Subdivision – N. James & N. Snead Streets • March Park - off of Woodside Lane • Chapman Street Subdivision – Chapman Street • Lance and Bridle Club Properties – Ashcake Road and Maple Street • Providence Section Two Subdivision • O’Reilly’s Auto Parts • Giant (Martin’s) Fuel Station • Randolph-Macon College – Bird Senior Dorms

Text Amendments • ORD2012-12 – Non-Conforming Uses – (Approved 1/15/2013) • ORD2013-05 - Add Dormitories as Permitted Use in B-1 District (Denied 9/17/2013 ) • ORD2013-06 – Lot Frontage Exception (Approved 10/15/2013) • ORD2013-07 – Vacation of Right-Of-Way – (Approved 9/17/2013) • ORD2013-08 – Sumpter Priddy ROW Vacation Ordinance (Approved 10/01/2013) • ORD2013-09 – Mechanical Screening Exception (Approved 11/14/2013) • ORD2013-11 – Political Signs, Date Amendment (Deferred)

Finance Report

Cash Balances:

General Ledger - General Ledger - GO Personnel Invested Funds 1/31/2014 General Operations Cash Balances: $ 1,401,282.62 $ 120,059.71 $ 2,619,472.38 $ 4,140,814.71 Capital Projects Fund Cash Balances: $ 8,050.47 NA $ 3,036,735.97 $ 3,044,786.44 Total $ 7,185,601.15 Office Activities:

* The office was very busy with tax collection in January.

* January and February work will focus on budget preparation.

Delinquencies: # of Businesses For Comparison Delinquent > 1 Balances at # of Business month Estimated $ 1/31/2013 Meals: 6 3 $ 16,405.00 Lodging: 2 2 $ 24,051.75 Prior RE $ 4,385.82 $ 4,641.21 RE2009 $ 2,258.00 $ 3,061.28 RE2010 $ 4,491.40 $ 7,421.62 RE2011 $ 7,848.19 $ 15,165.13 RE2012 $ 24,822.75 $ 58,563.50 RE2013 $ 56,366.29 PP2009 $ 28,823.15 $ 30,278.98 PP2010 $ 33,284.80 $ 35,821.24 PP2011 $ 43,061.60 $ 57,136.19