Village development district is intended to preserve village character by allowing for a mix of residential and commercial uses in keeping with the traditional development pattern of Accomack County's villages and towns. These areas should be compact and include a mixture of uses, lot sizes, and building types, interconnected street networks with on-street parking, open spaces, parks, walkways, considered convenient to both motor vehicles and pedestrians, and conserves natural resources including the rural landscape and groundwater.

(Ord. of 9-17-2014)

The following uses shall be permitted subject to all the other requirements of this chapter as a matter of right in the village development district "VDD."

(1)

Single-family dwellings;

(2)

Dwelling, two-family;

(3)

Townhouses;

(4)

Apartments, with up to 25 dwelling units;

(5)

Retail stores and shops, 10,000 square feet in size and under;

(6)

Professional office buildings, 10,000 square feet in size and under;

(7)

Commercial, shopping and office centers, 10,000 square feet in size and under;

(8)

Bed and breakfast inns with up to five guest rooms;

(9)

Schools;

(10)

Churches and houses of worship;

(11)

Post offices;

(12)

Public safety facilities;

(13)

Professional offices within or attached to occupant's dwelling;

(14)

Home occupations conducted by occupant;

(15)

Private and noncommercial small boat docks;

(16)

Accessory dwellings on conservation lots, as defined;

(17)

Accessory uses as defined;

(18)

Recreational facilities which are to be used in connection with single-family dwellings and available only to the family of the householder and his private guests;

(19)

Public or private playgrounds, parks and similar community recreational facilities without outdoor lights for outdoor nighttime use;

(20)

Public utilities: Poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, except for public water and sewerage facilities;

(21)

General agricultural and forestry uses on conservation lots, including pick-your-own fruit, vegetable, and Christmas tree farms, but not intensive agriculture;

(22)

Senior housing and assisted living facilities with 25 beds or less;

(23)

Hotels with up to 16 guest rooms.

(Ord. of 9-17-2014)

The following uses shall be permitted in the village development district "VDD," subject to all the other requirements of this chapter, only upon obtaining a special exception-special use permit from the board of zoning appeals:

(1)

Dwelling, accessory, up to 650 square feet, on lots with a minimum area of 20,000 square feet. Accessory dwellings shall be:

a.

Limited to one per lot; and

b.

Permitted with an occupied main dwelling (see section 106-230, "Off-street parking");

(2)

Farm stands and seafood stands;

(3)

Restaurants, with up to 6,000 square feet of interior space;

(4)

Small wind energy systems, as defined, on lots five acres or greater in size.

(Ord. of 9-17-2014)

The following uses shall be permitted in the village development district "VDD," subject to all the other requirements of this chapter, only upon obtaining a conditional use permit from the board of supervisors, in accordance with section 106-234 of this chapter.

(1)

Residential developments specified in section 106-532 creating more than 25 dwelling units or sites;

(2)

Farm markets and seafood markets;

(3)

Retail stores and shops over 10,000 square feet in size or developing a site of greater than one acre;

(4)

Professional office buildings over 10,000 square feet in size or developing a site of greater than one acre;

(5)

Commercial, shopping and office centers over 10,000 square feet in size or developing a site greater than one acre;

(6)

Restaurants containing 6,000 square feet or greater of interior floor space;

(7)

Public or semi-public recreational facilities, including main and accessory buildings and parking areas with or without outdoor lights for nighttime use;

(8)

Waterfront businesses, such as wholesale and retail marine activities, commercial marinas, yacht clubs and servicing facilities for the same;

(9)

Public or community water or sewerage facilities;

(10)

Hotels and motels;

(11)

Senior housing and assisted living facilities over 25 beds;

(12)

Mixed use developments. Refer to subsections 106-548(A), (B);

(13)

Apartments with more than 25 units (lot size and density requirements found in subsection 106-535(b)(3) may be waived by the board of supervisors;

(14)

Wetlands off-site compensatory mitigation sites. Permittee-responsible on-site wetlands mitigation occurring on the impacted parcel, or on a parcel contiguous to the impacted parcel, shall be permitted as ancillary to the principal use.

Notwithstanding anything to the contrary herein, this amendment shall not apply to any person who has filed a complete application with the county board of zoning appeals for a special use permit to establish a wetlands compensatory off-site mitigation site on or before April 19, 2023.

(Ord. of 9-17-2014; Ord. of 5-17-2023)

(a)

Lots in the VD district must be a conventional lot as set forth in [subsection] (b)(1)—(3) below, a cluster lot as set forth in subsection (c)(1), or a conservation lot as set forth in subsection (c)(2). Tidal wetlands, nontidal wetlands, resource protection area, velocity flood zones, and slopes 25 percent or greater shall not be counted toward the calculation of the minimum lot area for the purposes of meeting the density requirements set forth herein.

(b)

Conventional lots: For lots containing or intended to contain a single permitted use served by central water and sewage disposal, the minimum lot area shall be 10,000 square feet.

(1)

For lots containing or intended to contain a single permitted use served by central water systems, but having individual sewage disposal, the minimum lot area shall be 15,000 square feet.

(2)

For lots containing or intended to contain a single permitted use served by individual water and sewage disposal systems, the minimum lot area shall be 20,000 square feet.

(3)

For lots containing or intended to contain permitted uses served by central water and sewage disposal systems, the minimum lot area shall be:

Two units .....12,000 square feet

For each additional unit above two .....7,500
     square feet

(c)

Cluster option: Lots may be clustered at a maximum density of four lots per acre. A 25-foot vegetative buffer area, consisting of existing or planted trees, shrubs and grass, shall be provided abutting all existing public roads. Pedestrian and bicycle facilities may be provided within the vegetative buffer area. When the cluster option is used, a maximum of 20 percent of the permitted dwelling units on cluster lots may be developed by-right as two-family homes, apartments, or accessory dwellings.

(1)

Cluster lots. A maximum of 60 percent of the total initial tract area may be established as cluster lots, as defined herein, including all internal roads, streets and alleys. The minimum lot area for each cluster lot is 6,000 square feet. The maximum lot area for each cluster lot is 30,000 square feet.

(2)

Conservation lots. A minimum of 40 percent of the initial tract area must be established as one or more conservation lots, as defined herein. The minimum lot area for a conservation lot is five acres, but conservation lots may include additional area with tidal wetlands, nontidal wetlands, resource protection area, velocity flood zones, and slopes 25 percent or greater. The maximum length/width ratio of a conservation lot is 5:1, as measured by the average length and average width of the lot. The 5:1 length/width ratio shall not apply to the part of a conservation lot that is provided as a vegetative buffer along an existing public road, is tidal wetlands or nontidal wetlands, or is resource protection area. If adjacent land is zoned agricultural, conservation lots shall be located adjacent to the land zoned agricultural.

(d)

Notwithstanding the foregoing provisions, the minimum lot area for any lot created pursuant to a family subdivision under section 78-12 of the subdivision ordinance shall be 30,000 square feet.

(Ord. of 9-17-2014)

(a)

Conventional lots. The minimum frontage (lot width) shall be 150 feet at the "setback line".

(b)

Cluster lots. The minimum frontage (lot width) shall be 60 feet at the "setback line." At least 60 feet of the front lot line of a cluster lot must front on a public street right-of-way.

(c)

Conservation lots. The minimum frontage (lot width) shall be 200 feet at the "setback line", however, conservation lots may front either on a public street right-of-way or another lot line. If fronting a lot line, an access easement of at least 20 feet in width must be provided from the lot to a public street right-of-way.

(Ord. of 9-17-2014)

(a)

Conventional lots. The minimum setback for principle structures is 50 feet from the front lot line or right-of-way.

(b)

Cluster lots. The minimum setback for principle structures is 30 feet from the front lot line or right-of-way.

(c)

Conservation lots. The minimum setback for principle structures is 50 feet from the front lot line.

(d)

Residential structure setbacks from boundaries of adjacent properties. All residential structures in a development district "VDD" must be set back a minimum of 200 feet from the boundary line of any adjacent tract that is zoned agriculture.

(Ord. of 9-17-2014)

(a)

Conventional lots.

(1)

Side. The minimum side yard for each main structure is 15 feet. The minimum side yard for accessory structures is five feet.

(2)

Rear. Each main structure shall have a rear yard of at least 35 feet. Each accessory structure shall have a rear yard of at least five feet.

(b)

Cluster lots.

(1)

Side. The minimum side yard for each main structure is ten feet and the total width of the two required side yards must be at least 25 feet. The minimum side yard for accessory structures is five feet. On cluster lots that include resource protection area (RPA), side yard setbacks shall be measured from the landward side of the 100-foot RPA buffer.

(2)

Rear. The minimum rear yard for each main structure is 35 feet. The minimum rear yard for accessory structures is five feet. On cluster lots that include resource protection area (RPA), rear yard setbacks shall be measured from the landward side of the 100-foot RPA buffer.

(c)

Conservation lots.

(1)

Side. The minimum side yard for each main structure is 30 feet, and the total width of the two required side yards must be at least 60 feet. The minimum side yard for accessory structures is 15 feet. On conservation lots that include resource protection area (RPA), side yard setbacks shall be measured from the landward side of the 100-foot RPA buffer.

(2)

Rear. Each main structure shall have a rear yard of at least 35 feet. Each accessory structure shall have a rear yard of at least ten feet. On conservation lots that include resource protection area (RPA), rear yard setbacks shall be measured from the landward side of the 100-foot RPA buffer.

(Ord. of 9-17-2014)

Buildings and structures may be erected up to 35 feet in height except that:

(1)

Dwellings may be erected to an overall height of 45 feet, provided that both required side yard setbacks are increased one foot for each foot in height by which the dwelling exceeds 35 feet.

(2)

A public or semi-public building such as a school or church may be erected to a height of 60 feet from grade provided that required front, side and rear yards shall be increased one foot in width for every two feet in height by which the building exceeds 35 feet.

(3)

Public utility structures, church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt from these height regulations. Parapet walls and firewalls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory building or structure which is within ten feet of any lot line shall be more than 18 feet high. All accessory buildings and structures shall be less than the main structure in height.

(5)

Small wind energy system towers shall not exceed a height of 80 feet on a parcel of five acres or more. Small wind energy system towers shall be set back one foot from adjacent property lines for every one foot of tower height.

(Ord. of 9-17-2014; Ord. of 07-09-2025(1))

Of the two sides of a corner lot, the front is the shorter of the two sides fronting on streets. See subsection 78-8(c)(3).

(Ord. of 9-17-2014)

Sign regulations shall conform to article VIII of this chapter.

(Ord. of 9-17-2014)

Off-street parking regulations shall conform to section 106-230 of this chapter.

(Ord. of 9-17-2014)

(a)

Any residential subdivision creating 50 or more lots is subject to resource quality protection plan requirements as specified in section 106-235 of this chapter.

(b)

Accessory structures shall be subject to the following limitations:

(1)

The total floor area ratio (FAR) of accessory structures shall not exceed 0.05 FAR.

(c)

Accessory dwellings are subject to the following limitations:

(1)

The maximum size of the accessory dwelling unit is 650 square feet of total floor area.

(2)

Only one accessory dwelling unit or apartment is permitted on any single lot, unless allowed by conditional use permit.

(3)

An accessory dwelling unit may be located as an accessory building, within an accessory building, or in the main structure.

(4)

An accessory unit may not, in any manner, be subdivided from the lot on which the principal or main dwelling is located, either by subdivision, boundary line adjustment or vacation of a lot line.

(d)

Septic drainfields and wells may be located on conventional lots or on conservation lots within the parent parcel of the development they are proposed to serve, as approved by the Virginia Department of Health. The responsibility for maintaining, repairing or replacing such drainfields or wells shall be borne by the lot owner(s) served.

(e)

A conservation lot may not have total development, including main structures and accessory structures, in excess of 0.075 floor area ratio (FAR). The open space conservation easement required in section 106-545 must establish such limitations on each conservation lot.

(f)

Agricultural uses are permitted only on conservation lots. Intensive agricultural uses, are not permitted in the village development district "VDD."

(g)

At least one village green must be provided for every 50 lots in a village development. Each village green shall meet the following requirements:

(1)

Minimum area: 15,000 square feet.

(2)

Maximum length/width ratio: three to one (3:1).

(3)

Must be located in the interior of the village, surrounded by other village lots, and fronted on at least two sides by streets.

(4)

Must be owned in common by a property owners association.

(5)

Must be protected from further subdivision or development by a permanent open space easement which also provides for public access by the residents of the village.

(Ord. of 9-17-2014)

In addition to the requirements for zoning map amendments as set forth in article XIII of this chapter, the applicant shall submit the following as part of the application for rezoning to the village development district:

(1)

A map of existing features, at a scale of 1″ = 200′, unless an alternative scale is approved by the director of planning, which shall show the major environmental features of the site including, but not limited to, existing conservation easements, tidal wetlands, nontidal wetlands, perennial streams, flood zones, slopes 25 percent or greater, vernal pools, resource protection areas, groundwater recharge areas, soil types (including prime agricultural soils), agricultural fields, woodlands, agricultural and forestal districts, hedgerows, fences, existing buildings, historic and cultural features (including cemeteries and military earthworks), power lines, underground pipes, geologic features, and areas of the property that are visible from any adjacent public right-of-way.

(2)

A concept development plan for the property, drawn at a scale of 1″ = 200′, unless an alternative scale is approved by the director of planning, which shall show the proposed development of the property, including the proposed general relationships of uses within and adjacent to the site, structures, uses, streets, parking areas, utilities, stormwater management facilities, open space areas, vegetation, sidewalks and trails, and means of access to the existing public road system.

The concept development plan must be prepared by using the following five-step process. The applicant must provide the evidence of the results of each of these five steps as part of the concept development plan or as an attachment thereto.

Step one. The applicant must identify conservation areas, which is land area that will be permanently protected by a conservation easement. Such land may include all or portions of major environmental features shown in the existing features map and as identified in the Accomack County Comprehensive Plan. The remaining land on the site is designated as potential development areas.

Step two. The applicant must locate sites for individual houses within the potential development areas so that their views of the open space are maximized.

Step three. The applicant must show streets and trails that will connect the house sites.

Step four. The applicant must show lot lines for each individual lot that will encompass each house site.

Step five. The applicant must identify water and wastewater utilities to serve the development.

(3)

Applications proposing to create 50 or more lots shall submit a resource quality protection plan, in accordance with the requirements set forth in section 106-235 of this chapter.

(4)

Applications proposing to create 50 or more lots shall submit a traffic impact study to determine the proper design and configuration of new streets and public road entrances, which shall include the following:

a.

Clearly stated assumptions.

b.

A summary table or tables listing each type of land use, the number and type of dwelling units proposed, the trip rates used (daily as well as peak periods), and the resultant trip generation.

c.

A site map showing the location within the site of each type of proposed land use and of all dwelling units.

d.

Existing and projected traffic volumes (including turning movements), facility geometry (including storage lengths), and traffic controls where appropriate, including a.m. and p.m. peak hour site traffic, a.m. and p.m. peak hour total traffic, total daily traffic, distribution and assignment of trips generated by the project, and projected level of service (LOS) and warrant analyses, including existing conditions and cumulative conditions at build-out. Projections will be for five years following the date of proposed project build-out. The base volume for nonsite traffic shall be the latest forecasts available from the Virginia Department of Transportation. The source for trip generation rates shall be "Trip Generation" published by the Institute of Transportation Engineers (ITE), most recent edition.

e.

Mitigation phasing plan including dates of proposed mitigation measures.

f.

All final submittals for traffic impact studies must be signed and sealed by a Virginia Registered Civil Engineer.

(Ord. of 9-17-2014)

Any conservation lot created under the provisions of this district must be prohibited from any future subdivision or development in excess of that permitted by these regulations, by the establishment of a permanent open space conservation easement, containing terms satisfactory to the board of supervisors, including those required in subsection 106-543(e) and which must be recorded at the time of final plat subdivision approval.

The county shall enforce the permanent open space conservation easement required herein. Such easement shall be in a form approved by the county, and shall provide that, notwithstanding such easement, the eased portion of conservation lots shall be maintained by the owners of such lots, and that the county should bear no responsibility or liability for such maintenance. However, nothing contained herein shall require that such easement allow public access nor prevent such landowners from leasing such open space for agricultural or other purposes in accord with the permitted uses of the district.

(Ord. of 9-17-2014)

(a)

All new public roads and streets in the district, including entrances to private roads, alleys, and driveways, shall be constructed by the applicant, and shall conform to VDOT standards for acceptance into the VDOT public road system. All new private roads and alleys shall be constructed by the applicant and conform to applicable standards (Refer to subsection [106-548](B)(1)(e)). All roads shall be interconnected in a loosely formed grid pattern in keeping with the adjacent existing traditional pattern of development.

(b)

Roads which will serve a combined traffic loading exceeding 250 vehicles per day, shall generally have two access points to the existing public road network.

(c)

The board of supervisors may, after receiving a recommendation from the planning commission, waive the two-access point requirement upon finding special topographic or other circumstances which preclude implementation, but may in such case require alternative configurations of road design.

(Ord. of 9-17-2014)

Every village shall have an established property owners association. The property owners association documents shall be submitted as part of the first record plat subdivision application, shall be subject to county approval, and shall provide for adequate initial funding and assessments to fund the maintenance of common property and improvements. The property owners association documents shall provide for maintenance of all commonly owned public property, including street trees, other community landscaping such as in village greens and parks, private streets, stormwater management systems, and any other community-owned facilities such as community water and sewer facilities. In addition, all roads, streets and alleys provided by the applicant shall be maintained in a manner approved by the county, either by the applicant or the village property owners association, unless accepted for maintenance by the Virginia Department of Transportation.

(Ord. of 9-17-2014)

Due to the unique nature of mixed use buildings and mixed use developments, regulations that differ from conventional zoning standards are necessary. Mixed use developments that advance the following objectives are encouraged in the village development zoning district:

(1)

Designed to a size and scale that is appropriate for the Eastern Shore of Virginia;

(2)

Incorporates multiple-family dwelling units into the project;

(3)

Creates a sense of place where building placement, sidewalks, street trees, landscaping, parks and other amenities are connected to encourage human interaction;

(4)

Projects that create shared parking or reduced required parking;

(5)

Incorporates multiple story buildings;

(6)

Commercial (including retail shops and restaurants), office, and multiple family building facades that face streets and parking lots be constructed primarily of the following exterior building materials: glass, brick masonry, cut stone, cast stone, or stucco. The use of cornice detail, parapet wall, canopies, and awnings are encouraged on commercial buildings;

(7)

Projects that advance environmental sustainability principles such as: reduction of energy consumption and conservation of natural resources, climate change adaptation, and resource reclamation and recycling.

(A)

Application requirements. In addition to the requirements set forth in sections 106-226 and 106-234, the applicant shall submit the following as part of the conditional use permit application for a mixed use development conditional use permit:

(1)

A site plan as required by subsection 106-226(c)(3, 4 if applicable, and 5) that also includes the following:

a.

Utilities—existing and proposed;

b.

Public or central water and sewer facilities;

c.

Proposed trails and walkways;

d.

Open space areas;

e.

Landscape plan.

(2)

A phasing schedule for the development of the property.

(3)

Applications proposing to create five acres or more of impervious surface(s) or 50 or more lots shall submit a resource quality protection plan, in accordance with the requirements set forth in section 106-235 of this chapter.

(4)

Applications proposing to develop five or more acres, or 50 or more lots, or any development creating 50 or more units, shall submit the following analysis to demonstrate that the project does not impose cost to the county in public services and facilities. In the event that the analysis shows a burden to public services, mitigation measures shall be provided.

a.

Fiscal impact analysis stating the projected cost to the county and/or incorporated town per residence for fire, police, EMS, litter removal, convenience centers, and other public services as well as a statement indicating the predicted positive economic impacts of the proposed development including any employment opportunities to be generated by the development.

b.

School impact analysis stating the projected cost to the school district per residence developed.

c.

Environmental impact analysis stating the projected cost to the county for the provision of transmission and distribution lines, stormwater runoff abatement, roads building, as well as any environmental mitigation measures to be utilized during development of the property.

d.

Traffic impact analysis developed in accordance with subsections 106-544(4)a—f.

(5)

Any additional information requested by the director of planning and community development that is needed to review and process the proposal.

(B)

Development standards for mixed use developments.

(1)

To the extent possible, mixed use buildings and mixed use developments shall advance objectives (1)—(7) in section 106-548 and be in general accord with the future land use section of the comprehensive plan of current adoption. Mixed use buildings and mixed use developments shall also be subject to the following:

a.

Mixed use developments shall include an integrated combination of at least two or more land uses or types of uses.

b.

Developments shall be adequately served by a water and sewer facility, central or public, as approved by the health department or the department of environmental quality. The board of supervisors, upon recommendation of the planning commission, may waive the water and sewer facility requirement for small scale projects. In lieu of the required water and sewer facility, a water and sewage disposal facility, individual, may be authorized by the board of supervisors if approved by the health department. The responsibility for maintaining, repairing or replacing water and sewer facilities, central, and water and sewage disposal facilities, individual, shall be borne by the lot owner(s) served.

c.

The maximum size of a mixed use development shall be 40 acres unless there is a recommendation by the planning commission and a finding by the board of supervisors that a mixed use development larger than 40 acres is appropriate. Such a recommendation by the planning commission and finding by the board of supervisors shall be based on a review of the project, its proposed location, the advancement of objectives set forth in section 106-548 and conformance with the future land use plan of current adoption. Developments larger than 40 acres must incorporate an appropriate amount of open space.

d.

The board of supervisors may waive the minimum lot area, rear and side yard setbacks, setbacks, frontage and parking requirements of the zoning ordinance after review and recommendation by the planning commission that the proposed development satisfies the objectives set forth in section 106-548 and advance the guidance provided in the village development land use section of the future land use plan of current adoption.

e.

Road requirements shall be in accord with section 106-546, unless private roads/streets are proposed. Private roads/streets may be allowed, if the following conditions are satisfied:

1.

A plan for shortterm and longterm maintenance of the private road or roads is submitted and found by the county to be satisfactory. The county may, at its discretion, seek the advice of a professional registered civil engineer or other qualified expert to review the plan. The plan shall detail the projected maintenance required and clearly identify the funding necessary to complete the required maintenance. The plan shall identify the source of funding, how the funding will be secured, and how the funding will be sustained and guaranteed for the useful service life of the private road.

2.

The plan required in [subsection] 1. above, shall clearly indicate that the roads proposed are private and that no county or state funding is necessary to construct and maintain the private roads.

3.

Private road maintenance shall occur in accord with the plan required in [subsection] 1. above. In the event that maintenance does not occur or is not adequately performed, the county may withhold building permits, occupancy permits, and other land use approvals.

4.

Private roads shall be constructed to standards adequate to support the type and number of vehicles that they are intended to serve. Private roads shall be designed and constructed with materials that provide minimal maintenance for the first ten years after construction. The county may, at its discretion, seek the advice of a registered civil engineer or other qualified expert to review the construction standards, observe construction activities and review inspection reports.

5.

Private roads shall be reviewed by the county's department of public safety to ensure that road widths, turning radius, and turn around areas can support emergency service vehicles and personnel.

6.

Private roads development plans shall be designed and sealed by a registered civil engineer.

7.

Private roads shall comply with all other applicable county and state requirements. For mixed use developments where a subdivision is proposed, attention is directed to subsections 78-6(c)(1)a. and b.

f.

The developer shall provide for and establish an organization or other legal entity for the ownership and maintenance of any common open space, facilities or property including street trees, community landscaping such as in parks, stormwater management systems, and any other community owned facilities such as public or central water and sewer facilities. Such organization shall be created by covenants running with the land and such covenants shall be included as part of the development plans and subject to approval by the board of supervisors.

(Ord. of 9-17-2014)