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Accomack County Unincorporated
City Zoning Code

ARTICLE VI

INDUSTRIAL DISTRICT "I"4


Footnotes:
--- (4) ---

Editor's note— An ordinance adopted Feb. 23, 2011(1), amended art. VI in its entirety to read as herein set out. Former art. VI, §§ 106-126—106-137, pertained to similar subject matter, and derived from ordinances adopted June 20, 2001(3),(4).


Sec. 106-126.- Statement of intent.

The primary purpose of the industrial district "I" is to establish regulations for and the location of certain compatible industrial uses of the land, which may create some nuisance including noise, heavy traffic, smoke, odors, and negative visual impacts, and which are not properly associated with, nor particularly compatible with residential, commercial, or agricultural uses. This includes alternative energy production, biofuels production, recycling, manufacturing, food processing, seafood processing, bulk materials storage including petroleum, natural gas and agricultural chemicals, transportation terminals, warehouses, and aerospace manufacturing, repair, and maintenance.

(Ord. of 2-23-2011(1))

Sec. 106-127. - Uses permitted by right.

The following uses shall be permitted subject to all the requirements of this chapter as a matter of right in industrial district "I":

(1)

Antennas and towers up to 100 feet in height;

(2)

Assembly of any product from pre-manufactured components other than hazardous chemicals;

(3)

Blacksmith, welding, metal fabrication, and machine shops;

(4)

Boat manufacturing;

(5)

Cabinet making and furniture manufacturing;

(6)

Computer programming, data processing, and other computer related services;

(7)

Contractors offices and contractor equipment yards (under cover);

(8)

Cotton gins;

(9)

Facilities for grading, packing, marketing, and storage of agricultural and horticultural products;

(10)

Fire and rescue squad stations;

(11)

Manufacturing of apparel and other finished products made from fabrics and similar materials;

(12)

Manufacture of building components, such as trusses;

(13)

Manufacture, compounding, and packaging of bakery goods, beverages (including bottling plants), candy, cosmetics, and perfumes;

(14)

Manufacture of electrical and electronic equipment and machines including parts and components;

(15)

Manufacture of musical instruments, toys, and novelties;

(16)

Manufacturing of paperboard containers and boxes (excluding manufacturing of materials);

(17)

Manufacture of pottery, figures, or ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas;

(18)

Mobile home and manufactured home fabrication;

(19)

Off-street parking, as required by this chapter;

(20)

Photo finishing laboratories;

(21)

Post offices;

(22)

Printing and publishing;

(23)

Production of arts and crafts;

(24)

Publishing and printing facilities;

(25)

Repair, maintenance, and modification of aircraft and spacecraft;

(26)

Research and development establishments, including testing laboratories and prototype manufacturing where hazardous chemicals are not required;

(27)

Sand and gravel borrow pit operations, including all necessary equipment;

(28)

Seafood and shellfish receiving, packing, and shipping plants;

(29)

Self storage centers;

(30)

Truck terminals;

(31)

Waterfront businesses such as wholesale and retail marine activities such as boat docks, piers, small boat docks, yacht clubs, and service facilities for the uses; docks and areas for the receipt, storage, and shipment of waterborne commerce; seafood and shellfish;

(32)

Wholesale businesses and warehousing, except petroleum products, explosives, chemicals and similar products;

(33)

Accessory uses such as, but not limited to, child care facilities, office and administrative facilities, cafeterias, classrooms, dormitories, lunchrooms and snack shops, recreational facilities for employees, non-retail motor fuel facilities, company vehicle service facilities, central heating and power plants, and outside storage (not to exceed 20 percent of the total lot area);

(34)

Up to 20 percent of the floor area of a manufacturing, processing, wholesaling, warehousing, or assembly business otherwise permitted in this district may be devoted to retail sales of products made or stored on the premises;

(35)

Utility distribution facilities;

(36)

Small wind energy systems, as defined;

(37)

Small solar energy systems, as defined.

(38)

Aerospace offices and related facilities.

(39)

Military support offices and related facilities.

(Ord. of 2-23-2011(1); Ord. of 8-17-2022(1), 8-17-2022)

Sec. 106-127.5. - Uses permitted by special use permit.

(1)

Antennas and towers in excess of 100 feet in height;

(2)

Manufacture of engines and turbines;

(3)

Manufacture of motor vehicles, aircraft and spacecraft (including parts and components);

(4)

Meat, poultry, or fish processing;

(5)

Mobile home and manufactured home fabrication;

(6)

Radio, communication, or broadcast towers greater than 100 feet in height;

(7)

Sawmills, planing mills, and wood yards;

(8)

Vocational schools;

(9)

Any other manufacturing, processing or wholesale use not involving hazardous chemicals and not otherwise permitted by this chapter;

(10)

Remote water and sewer facilities, when required to replace failed or failing facilities;

(11)

Large solar energy systems, as defined;

(12)

Large wind energy systems, as defined.

(Ord. of 2-23-2011(1))

Sec. 106-128. - Conditional uses; permits.

The following uses shall be permitted in the industrial district "I" subject to all other requirement of this chapter, only upon the granting of a conditional use permit by the board of supervisors, in accordance with section 106-10:

(1)

Manufacturing, production, fabrication, assembly, or other industrial, commercial or public facility developing or utilizing a site of more than ten acres.

(2)

Utility plant facilities.

(3)

Pulp and paper mills.

(4)

Public water and sewer facilities.

(5)

Central water and sewer facilities.

(6)

Airports.

(7)

Large wind energy systems, utility scale, as defined.

(8)

Large solar energy systems, utility scale, as defined.

(9)

Uses involving the storage, use, processing, production of hazardous chemicals including, but not limited to, biofuels production, fuel storage for sale, chemical recycling, hydrocarbon processes, fertilizer and pesticide storage and manufacture, solvent storage, pulp and paper mills, rocket fuel and oxidizer manufacture and storage. Applications for these uses may be required to provide the conclusions of preliminary HAZOP study for the proposed facility focused on community impacts and personnel safety. Facility features included in the design to mitigate the risks should be identified (e.g., containment structures, fencing, separation, safety systems, community alarms, process selection, operator training, fire protection, water curtains, release systems, and instrumentation.)

(10)

Uses where objectionable odors and airborne irritants outside the facility boundary may occur including but not limited to food processing facilities, incinerators, pulp and paper manufacture, and chemicals and fuels manufacturing facilities. Information on potential irritants and mitigation features may be required.

(11)

Uses where the potential for dust explosions exists, such as grain storage, sugar refineries, and other uses or processes where organic or combustible materials form dust.

(12)

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.

(Ord. of 2-23-2011(1); Ord. of 5-17-2023)

Sec. 106-129. - Requirements for permitted uses.

(a)

Before a zoning permit shall be issued or construction commenced on any permitted uses in the industrial district "I", or a permit issued for new use, the plans, in sufficient detail to show the operation and processes, shall be submitted to the zoning administrator for study. The administrator may refer these plans to the planning commission for their recommendation. Modification of the plans may be required.

(b)

Permitted uses in the industrial district "I" shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence, or an evergreen hedge six feet in height. Public utilities and signs requiring natural air circulation, unobstructed view or other technical considerations necessary for proper operation may be exempt from this provision. This exception does not include the storing of any materials.

(c)

Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards. Landscaping may be permitted up to a height of three feet, and to within 50 feet from the corner of any intersection streets.

(d)

Sufficient area shall be provided:

(1)

To adequately screen permitted uses from adjacent business and residential districts; and

(2)

For off-street parking of vehicles incidental to the industry, its employees and clients.

(e)

The administrator shall act on any application received within 30 days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a ten-day period. Failure on the part of the administrator to action the application within established time limit shall be deemed to constitute approval of the application.

(Ord. of 2-23-2011(1))

Sec. 106-130. - Area regulations.

For permitted uses utilizing individual sewage disposal system in industrial district "I", the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Ord. of 2-23-2011(1))

Sec. 106-131. - Setback (yard) regulations.

Buildings in industrial district "I" shall be located 50 feet or more from any street right-of-way, which is 50 feet or greater in width, or 75 feet or more from the centerline of any street right-of-way less than 50 feet in width. This shall be known as the setback line.

When a structure fronts on Route 13, the building shall be located 100 feet or more from the highway right-of-way. The minimum side yard adjoining or adjacent to a residential, commercial, or agricultural district shall be 25 feet. The side yard of corner lots shall be 20 feet or more. The minimum rear yard shall be 25 feet. Off-street parking in the industrial district "I" shall conform to section 106-230. Off-street parking shall be set back ten feet or more from any street right-of-way.

(Ord. of 2-23-2011(1))

Sec. 106-132. - Frontage regulations.

For permitted uses in the industrial district "I" there shall be no minimum frontage requirement, other than that required for safe access by the Virginia Department of Transportation. Off-street parking in the industrial district "I" shall conform to section 106-230.

(Ord. of 2-23-2011(1))

Sec. 106-133. - Height regulations.

(a)

Buildings and structures in the industrial district "I" may be erected up to a height of 35 feet. The zoning administrator may, within his discretion, approve a height over 35 feet up to a maximum height of 100 feet provided that all required setbacks are increased by one foot for each foot of height above 35 feet. Chimneys, flues, cooling towers, flag poles, radio or communication towers, or their accessory facilities not normally occupied by workers are excluded from this limitation. Parapet walls and firewalls are permitted up to four feet above the limited height of the building on which the walls rest.

(b)

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.

(c)

Small wind energy systems shall not exceed a height of 65 feet on a parcel of less than one acre, or a maximum height of 100 feet on a parcel of one acre or more. Small wind energy systems shall be set back one and one-half feet from adjacent property lines for every one foot of tower height.

(Ord. of 2-23-2011(1); Ord. of 07-09-2025(1))

Sec. 106-134. - Coverage regulations.

Buildings or groups of buildings with their accessory building in industrial district "I" may cover up to 70 percent of the area of the lot.

(Ord. of 2-23-2011(1))

Sec. 106-135. - Sign regulations.

Notwithstanding anything to the contrary in article VIII of this chapter, wall signs and freestanding signs shall be permitted in the industrial district "I," provided that the signs conform to the following:

(a)

Definitions.

Freestanding sign means a sign which is attached to the ground and which is not attached to or supported by a building or other independent structure. Freestanding signs shall include monument signs and ground mounted signs.

Road frontage means a parcel's frontage along a public or a private road that is open to public travel. The term "road" shall not include driveways, drive aisles, or other travel lanes that are for the private use of one or more individuals, groups or companies.

Sign elements mean sign graphics consisting of letters, words, numerals and related symbols which convey information.

Wall sign means a sign attached to and erected parallel to the face of a building or erected or painted on the outside wall of a building and supported throughout its length by such wall or building.

(b)

Wall signs.

(1)

Maximum sign area. The maximum sign area for a wall sign shall be ten percent of the elevation of the wall on which the sign is placed. If more than one wall sign is placed on the same wall, all such signs combined shall not exceed ten percent of the elevation. Areas such as windows, doors, and bays will not be subtracted in calculating the wall elevation.

(2)

Calculation of sign area. The area of a wall sign shall be calculated using the following basic geometric shapes: rectilinear, circle, triangle, or a combination thereof that fully encloses the outmost limits of the sign elements. Only standard mathematical formulas for these shapes should be applied, without adjustments for irregularities or complex contours:

a.

Rectilinear - A = LxW

b.

Circle - A = πr 2

c.

Triangular - A = 1:2bh

d.

Irregularly shaped signs. Where a sign consists, in whole or part, of non-linear shapes, the sign area shall be measured using a combination of up to four geometric shapes that touch to encompass the entire sign face.

e.

Multiple component signs. Where a sign consists of more than one element, the sign area is calculated by drawing an imaginary bounding box or combination of shapes around all elements

While a wall sign may consist of more than one type of geometric shape, all such geometric shapes must touch one another to be considered one sign. The area of a wall sign shall not include supporting structures, or bracing.

(3)

Maximum number of signs. No more than four wall signs may be permitted on a single building. Where there is more than one freestanding building on a single parcel of land, each such freestanding building may have up to four wall signs.

(4)

Maximum height. Wall signs must not exceed the roofline of the building on which they are attached. No wall signs shall be permitted on a parapet.

(c)

Freestanding signs.

(1)

Maximum sign area. The maximum sign area for a freestanding sign shall not exceed one square foot for each linear foot of road frontage on which the sign is erected up to a maximum of 200 square feet.

(2)

Calculation of sign area. The area of a freestanding sign shall be calculated using the mathematical formula set out above for wall signs. The area of a freestanding sign shall not include supporting structures, such as pylons, or bracing, unless such supporting structures or bracing is decorated or otherwise incorporated into the sign.

(3)

Maximum number of signs. No more than one freestanding sign shall be erected along a parcel's road frontage.

(4)

Maximum height. The maximum height of a freestanding sign shall be 20 feet.

(5)

Setbacks freestanding signs shall be set back at least ten feet from the property line.

(d)

Other sign regulations. All sign regulations set out in article VIII of this chapter that are not inconsistent with this section shall continue to apply to signs in the industrial district.

(Ord. of 2-23-2011(1); Ord. of 07-08-2025(1))

Sec. 106-136. - Off-street parking regulations.

Off-street parking regulation in the industrial district "I" shall conform to section 106-230.

(Ord. of 2-23-2011(1))

Sec. 106-137. - Development standards.

Any commercial or industrial development which creates five acres of more of impervious surface is subject to resource quality protection plan requirements as specified in section 106-235 of this chapter.

(Ord. of 2-23-2011(1))

Sec. 106-138. - Landscape regulations.

Landscape regulations in the industrial district "I" are as follows:

(1)

Landscape areas shall be provided within required setbacks along the front lot line, the rear lot line of double-frontage lots, and the side lot line of corner lots except where driveways or other openings may be required. A landscape buffer shall be required wherever industrial development abuts a residential district, existing residential development, or residentially platted property. The required landscape buffer shall be a minimum of 20 feet in width and shall include a minimum 80-percent opaque wall or fence that is a minimum of six feet in height. The required wall or fence shall be located 20 feet from the abutting property line. Plantings consisting of a minimum of three trees per 100 linear feet, or portion thereof that is greater than 20 feet in length, shall be installed between the wall or fence and the abutting property line.

(2)

Landscape areas shall be designated and dimensioned to scale on all site plans. Landscape areas shall be a minimum width of ten feet and shall be located adjacent to the property line and outside of any existing road or utility easement. Landscape areas shall consist of a combination of grass, ground cover, flowering plants, shrubs, and trees, and the area between plants shall be completely covered with grass or mulch.

(3)

Landscape area planting requirements for large development projects five acres or greater in area, such as shopping centers, shall apply to the full perimeter of the project, but not to internal property lines.

(4)

Landscape area planting requirements. Linear feet guidelines below are to be used to calculate the number of required plantings; they do not require that plantings be uniformly spaced. Rather, grouping of plants consistent with accepted landscape practice is encouraged. A minimum of 50 percent of plants shall be native plants. Specific requirements are as follows:

a.

At least one tree for each 50 linear feet, or portion thereof that is greater than ten feet in length.

b.

At least one shrub for each ten linear feet, or portion thereof that is greater than five feet in length.

c.

At least one large deciduous tree for every 10,000 square feet of lot area, or portion thereof that is greater than 5,000 square feet. Large trees shall be installed outside of the landscape areas required in [subsections] (1), (2), and (3) above.

(5)

Minimum size standards:

a.

Deciduous trees. Deciduous trees shall be of a species having a minimum mature crown spread of greater than 12 feet. A minimum caliper of two and one-half inches at the time of planting shall be required.

b.

Large deciduous trees. Large deciduous trees shall be of a species having an average minimum mature crown spread of greater than 30 feet. A minimum caliper of two and one-half inches at the time of planting shall be required.

c.

Evergreen trees. Evergreen trees shall have a minimum height of five feet at the time of planting.

d.

Shrubs. Shrubs shall have a minimum height of two feet at the time of planting.

(Ord. of 2-23-2011(1))

Sec. 106-139. - Lighting regulations.

Lighting regulations in the industrial district "I" are as follows:

The following lighting standards shall apply to all exterior lighting sources, including but not limited to lighting for parking, access drives, walkways, gasoline canopy lighting, and internally and externally illuminated signs. Site plans shall include a lighting plan, drawn at the same scale as the site plan, to demonstrate compliance with the following standards.

(1)

All lighting shall be designed, located, and arranged so as to minimize any direct glare on adjoining streets or residential properties. Light or glare directed from any lighting fixture shall not cross property lines.

(2)

Permitted building-mounted lights.

a.

A fully shielded fixture. The directional light from this type of fixture is typically one and one-half times wider than the height at which they are mounted. For the purposes of this article, a fully shielded fixture shall be defined as an outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixture.

b.

A forward throw fixture, which is defined as a light fixture that has an internal mounted light mechanism with a maximum mounted angle of 20 degrees or less and projects light in a forward direction out from the building as well as downward. The directional light from this type of fixture is typically two and three-quarter times farther than the height at which they are mounted.

c.

Other building mounted lights that use an LED light source of 25 watts or less, an incandescent of 160 watts or less, or any other light source that is equivalent or less. This type of lighting may be unshielded. The Zoning Administrator may approve more intense light sources (e.g., bulbs) provided that the fixture has frosted, tinted, or light obscuring features, and that the light produced is equivalent to the standards provided herein.

(3)

Parking lot lights. Parking lot lighting (pole mounted) shall comply with section 106-230.

(4)

Other site lighting.

a.

Lighting for sidewalks, paths, ground mounted accent lighting is permitted, provided that the LED light or similar source is 25 watts or less and incandescent bulb or 160 watts or less. This type of light may be unshielded. Other light sources with equivalent output are permitted.

b.

Fully shielded and forward throw fixtures as allowed in (2)a and (2)b may be used for site lighting provided they comply with all provisions of this article.

c.

The zoning administrator may permit other types of site lighting, including those that produce a higher intensity light on a case by case basis, provided the lighting proposed is in general accord with this article.

(5)

Excepted from these requirements are: roadway and airport lighting, airport lighting, governmental public safety lighting, temporary circus, fair, carnival, or civic uses, construction or emergency lighting, and temporary lighting.

(6)

The zoning administrator may approve lighting for large-scale industrial uses that exceeds the standards set forth in this article.

(7)

Lighting other than that expressly permitted, or permitted by the zoning administrator, is not allowed.

(Ord. of 2-23-2011(1); Ord. of 05-19-2021(1))