The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Enforcement Agent means the zoning administrator, his designee, or the town council.
Litter means all waste material and disposable packages or containers but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. It includes, but is not limited to, the packages, wrappings and containers, cigarettes and tobacco products, bottles, glass or metal containers, plastic, and paper products.
Owner means any person shown by any public record to have an interest in real estate lying within the town upon which a public nuisance exists as of the date of the abatement of the public nuisance under this section. Owner shall also mean the occupant of any parcel of real estate, including but not limited to, any lessor or lessee, any person in possession thereof having charge thereof as an executor, administrator, trustee, guardian or agent, and the beneficiary of any easement or right of use thereof.
Parcel means any real estate or any interest therein, situated, lying and being within the town in any area zoned for residential, business, commercial, agricultural, or industrial uses or in any subdivision.
Public Nuisance means any act or activity the causing or maintaining of which is such an inconvenience or troublesome matter as to annoy, injure or damage the public at large or a substantial portion of the community or a considerable number of persons, and from which any resulting damage is not specifically apportionable to any one (1) member of the community.
Subdivision means any tract or parcel of land divided into two (2) or more lots or parcels, for the purpose, whether immediate or future, of transfer of ownership or development, as otherwise defined in the Botetourt County Subdivision Ordinance.
Trash means abandoned personal property, junk, garbage, refuse, rubbish, litter, or debris.
Clutter means mechanical equipment, household furniture, containers, and similar items that may be detrimental to the well-being of a community when they are left in public view for an extended period or are allowed to accumulate.
Weeds means grass, weeds, bushes, poison ivy, poison oak, or any other landscaping or vegetable growth, other than trees, ornamental shrubbery, flowers, and garden vegetables.
§240-84. Penalty.
Any owner who violates section 240-85(a) or any other provision of this article pertaining to section 240-85(a), or who violates section 240-86(a) or any other provisions of this article pertaining to section 240-86(a), shall receive a written warning. If the violation is not corrected within thirty (30) calendar days after issuance of the written warning, the owner shall be subject to a civil penalty, not to exceed $50 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period or, in the case of property that is zoned or utilized for industrial or commercial purposes, $6,000 in a 12-month period.
The civil penalty shall be in lieu of criminal penalties and shall preclude prosecution of such violation as a misdemeanor.
In the event that three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period, violation shall be a Class 3 misdemeanor.
Classification of subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation.
§ 240-85. Removal of Trash.
It shall be unlawful for an owner of any parcel or property within the limits of the Town of Troutville to allow the accumulation of trash, clutter, and other substances that might endanger the health or safety of other residents on any parcel or property.
The owner of any parcel or property shall maintain all exterior property areas in a clean, safe condition, free from the accumulation of trash, clutter, and other substances.
Any conditions existing prior to the effective date of this provision shall remain subject to the requirements of section 240-85(a).
Any owner who violates section 240-85(a) will be given reasonable notice to remove the trash, clutter, and other substances in accordance with section 240-84(a).
In the event an owner does not perform the removal after reasonable notice, the Town and its agents are permitted to perform the removal, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property.
§ 240-86. Removal of Weeds and Cutting of Grass.
It shall be unlawful for any owner of occupied or vacant developed or underdeveloped property, including such property upon which buildings or other improvements are located, within the boundaries of platted subdivisions or any other areas zoned for residential, business, commercial, agricultural, or industrial use, to permit weeds of more than twelve (12) inches in height within two hundred and fifty (250) feet of property developed for residential use.
The owner of occupied residential real property shall cut the grass or lawn area on such property when growth of such grass or lawn area exceeds twelve (12) inches in height.
Any conditions existing prior to the effective date of this provision shall remain subject to the requirements of section 240-86(a).
Section 240-86(a) shall not apply to hay production for agricultural purposes of feeding livestock and which is to be cut two to three times per year.
Any owner who violates section 240-86(a) will be given reasonable notice to comply with the section in accordance with section 240-84(a).
In the event the owner does not comply with the ordinance after reasonable notice, the Town and its agents are permitted to cut the grass, weeds, or other foreign growth, in which event the cost or expenses thereof shall be chargeable to and paid by the owner of such property.
§ 240-87. Report of Violation.
Any person aggrieved by the accumulation of trash in violation of section 240-85(a) or the presence of weeds or grass in violation of section 240-86(a) may report such presence to the Enforcement Agent.
§ 240-88. Inspection of Site Violation.
Upon receipt of a report as referred to in section 240-87, the enforcement agent shall cause the site of the reported violation to be inspected pursuant to applicable constitutional and statutory provisions. When the enforcement agent has determined from such reports and inspections or otherwise that a violation in fact exists, he shall notify the owner of the land or parcel upon which the violation exists to cut or cause to be cut the weeds or grass complained of, or to remove the accumulation of trash, within ten (10) calendar days of the notification. Such notice shall be in writing, shall be delivered by hand or mailed to the last known address, and if the owner of the property cannot be found within the county after a reasonable search, notice shall be sent by certified mail, return receipt requested, to the last known address of the owner and a copy of the notice shall be posted on the property in a conspicuous place, and shall be complied with by such owner.
§ 240-89. Exemption.
The Zoning Administrator or his/her designee may exempt from the application of this article any parcel which is owned by the town or upon which the town has an easement for stormwater management and/or public utility facilities, and includes riparian buffers, reserved open space, floodplain preservation areas, or other environmentally sensitive areas as defined in the county stormwater management ordinance and design manual, or which are critical to the environmental health of the ecosystem, or which are required by state or federal agency.
ARTICLE XVI: VEHICLES, JUNK, AND PROPERTY ENTRANCES
§ 240-90. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Equipment means any non-registered motorized or unmotorized machinery not otherwise defined under § 46.2-100 of the Code of Virginia (1950), as amended, including but not limited to construction machinery, HVAC units, household appliances and similar items.
Farm Tractor means every motor vehicle designed and used as a farm, agricultural, or horticultural implement for drawing plows, mowing machines, and other farm, agricultural, or horticultural machinery and implements, including self-propelled mowers designed and used for mowing lawns.
Inoperable Motor Vehicle means (i) any motor vehicle which is not in operating condition; (ii) any motor vehicle which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle; or (iii) any motor vehicle on which there are displayed neither valid license plates nor a valid inspection decal.
MotorVehicle means every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered part of a motor vehicle.
Semitrailer means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle.
Shielded or screened from view means not visible by someone standing at ground level or at an elevated vantage point from outside of the property on which the subject vehicle, farm tractor or equipment is located.
Trailer means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes.
Vehicle means every device in, on or by which any person or property is or may be transported or drawn on a highway, except for personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks.
§ 240-91. Restriction of inoperable motor vehicles, etc., on residential or commercial property; removal of such vehicles; penalty.
It shall be unlawful for any person to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential or commercial or agricultural purposes, any motor vehicle, equipment, farm tractor, trailer, or semitrailer which is inoperable.
The locality may prescribe for removal therefrom any such inoperable motor vehicles, trailers, or semitrailers that are not kept within a fully enclosed building or structure.
Any conditions existing prior to the effective date of this provision shall remain subject to the requirements of section 240-91(a).
Any person who violates section 240-91(a) will receive a written warning. If the violation is not corrected within thirty (30) calendar days after issuance of the written warning, the Town and its agents are permitted to remove any such inoperable motor vehicles, trailers, or semitrailers, in which event the cost or expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the locality as taxes are collected.
Any owner who violates section 240-91(a) shall be subject to a civil penalty, not to exceed $200 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $500. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $6,000 in a 12-month period.
This civil penalty shall be in lieu of criminal penalties and shall preclude prosecution of such violation as a misdemeanor.
In the event that three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative fats within a 24-month period, violation shall be a Class 3 misdemeanor.
Classification of subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation.
Troutville Volunteer Fire Department maintains storage of inoperable vehicles and equipment for personnel training purposes, all of which are located within fenced property owned and operated by the Department. The Troutville Volunteer Fire Department is exempt from section 240-91.
§ 240-92. Property Access.
It shall be unlawful for any person to access a property using any entrance not approved by VDOT.
Violation of section 240-92(a) shall result in VDOT taking action within the right-of-way to block, obstruct, or remove an unpermitted entrance and may initiate civil action for damages, injunction, or other appropriate remedies.
ARTICLE XVII: FENCING AND SIGNAGE
§ 240-93. Fencing.
Fence Permit Required. A permit is required to install a new fence or replace greater than fifty percent (50%) of an existing fence, including the replacement of non-structural pickets or decorative elements.
Site Survey Required. All Fence Permit applications shall be submitted with a site plan or plat drawn by a licensed surveyor showing existing lot conditions.
Application and Review Process. Applications for fence permits are reviewed and approved by the Town of Troutville Enforcement Agent, as defined in section 240-83.
Appeals. An appeal to the Board of Zoning Appeals may be made by any party aggrieved by any decision of the Town of Troutville Enforcement Agent. The appeal must be filed within thirty (30) days following the determination being appealed is made.
The Board’s decision on an appeal is limited to the issue of whether the Zoning Ordinance was correctly interpreted.
The Board may reverse or affirm, wholly or in part, or may modify the decision of the Town of Troutville Enforcement Agent.
A decision by the Board on an appeal taken pursuant to § 15.2-2311 of the Code of Virginia (1950), as amended, shall be binding upon the owner of the property that is the subject of such appeal.
§ 240-94. Signage.
Sign Permit Required. A permit is required to erect, install, structurally alter, modify, relocate, or replace any sign, sign structure, or temporary sign that is larger or equal to 3 feet high and 5 feet wide.
Specifications Required. All Sign Permit applications shall be submitted with the following:
Specifications regarding the type of sign to be constructed, sign height, sign face dimensions, source of illumination, the location of such sign on any wall or property, the official tax map number of the lot on which the sign is to be located, and the zoning district of the subject lot.
Application and Review Process. Applications for sign permits are reviewed and approved by the Town of Troutville Enforcement Agent, as defined in section 240-83.
Prohibition on Electronic Signs. No electronic signs shall be erected, installed, or displayed, permanently or temporarily, within the Town of Troutville.
This provision shall not apply to electronic signs lawfully existing as of the effective date of this ordinance on properties owned and operated by the Troutville Baptist Church, the Bank of Botetourt, and First Bank, which signs may continue to be maintained and operated. This exemption shall apply solely to the continued maintenance and operation of such existing signs and shall not permit the replacement, enlargement, relocation, or installation of any new electronic sign.
Illuminated Signs. Any illuminated signs permitted under this article shall be illuminated only during the hours in which the business or use associated with the sign is in operation.
Appeals. An appeal to the Board of Zoning Appeals may be made by any party aggrieved by any decision of the Town of Troutville Enforcement Agent. The appeal must be filed within thirty (30) days following the determination being appealed is made.
The Board’s decision on an appeal is limited to the issue of whether the Zoning Ordinance was correctly interpreted.
The Board may reverse or affirm, wholly or in part, or may modify the decision of the Town of Troutville Enforcement Agent.
A decision by the Board on an appeal taken pursuant to § 15.2-2311 of the Code of Virginia 1950, as amended, shall be binding upon the owner of the property that is the subject of such appeal.
First Amendment Rights. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech.
Exemption. The Troutville Volunteer Fire Department deploys temporary signage such as banners, campaign style signage, and electronic message boards to convey public safety messages, recruitment efforts, and fundraisers. The Troutville Volunteer Fire Department is exempt from section 240-94 for such purposes.
ARTICLE XVIII: DATA CENTERS AND INDUSTRIAL SOLAR FARMS
§ 240-95. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Data Center means a dedicated facility, structure, or building primarily dedicated to housing IT infrastructure, including networked computer servers, data storage systems, networking equipment and application-delivery controllers.
Industrial Solar Farm means a facility consisting of large-scale photovoltaic (PV) arrays, ground or roof mounted and connected to inverters or transformers to capture solar energy to supply electricity for the regional power grid or for on-site consumption.
§ 240-96. Data Centers and Industrial Solar Farms.
Data Centers are prohibited within all zoning districts of the Town of Troutville.
Industrial Solar Farms are prohibited within all zoning districts of the Town of Troutville.
Installation of PV panels on rooftops for R-1 residential use are not prohibited under section 240-96(b). Such installation will be considered for approval by the Town of Troutville.
