1-1-1. Exemptions. Subject to only those exemptions hereafter specifically identified, no building or structure shall be erected, reconstructed, enlarged or altered until a zoning permit has been issued by the administrator. Exemptions from the requirement of a zoning permit shall be limited to the following:

(a)

The following farm structures:

(i)

Bulk tobacco barns;

(ii)

Pack houses;

(iii)

Pole storage sheds;

(iv)

Sheds, barns, or structures used primarily for the storage of farm equipment and farm supplies;

(v)

Buildings and structures which are used for the care and/or confinement of animals and which are not subject to regulation under other articles or sections of this zoning ordinance (e.g., article 17).

(b)

The exemptions identified in sections 102.3.1, 102.2.1, 102.3.2.2, 102.3.2.3 and 102.3.4 of the Virginia Uniform Statewide Building Code.

(c)

The exceptions identified in section 107.1 of the Virginia Uniform Statewide Building Code.

1-1-2. Review of permit. The planning commission may request a review of the zoning permit approved by the administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.

1-1-3. Drawings. Each application for a zoning permit shall be accompanied by three copies of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required. If the proposed building or uses is in conformity with the provisions of this ordinance, a permit shall be issued to the applicant by the administrator. One copy of the drawing shall be returned to the applicant with the permit.

1-1-4. Compliance with ordinance required. No land, building, structure or premises shall thereafter be used, and no building or other structure, or any part of either, shall be erected, reconstructed, enlarged or altered, except in compliance with the county's zoning ordinance, unless the proposed use or structure satisfies all the requirements to constitute a "nonconforming use" or "nonconforming structure".

(Ord. of 3-17-1999)

Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the administrator. Such a permit shall state that the building or the proposed use, or the use of the land, complies with the provisions of this ordinance. A similar certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy either for the whole or part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this ordinance.

Conditional use permits may be granted by the board of supervisors for any of the uses for which a permit is required by the provisions of this ordinance. In granting any such use permit, the board of supervisors may impose any such conditions in connection therewith as will assure that it will conform with the requirements contained herein and will continue to do so, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. A conditional use permit shall not be issued unless the board of supervisors shall find that:

(a)

The proposal as submitted or as modified will not affect adversely the health, safety, or welfare of persons residing or working in the neighborhood of the proposed use; and will not be detrimental to public welfare or injurious to the property or improvements in the neighborhood. Among matters to be considered in this connection are traffic congestion, noise, lights, dust, odor, fumes, and vibrations, with due regard to timing of operation, screening, and other matters which might be regulated to mitigate adverse impact.

(b)

The proposal as submitted or modified will conform to the comprehensive plan, or to specific elements of such plan, and the official policies adopted in relation thereto, including the purposes and the expressed intent of this ordinance.

1-3-1. Procedures. The procedures governing the application for and the granting of conditional use permits where required by this ordinance shall be as follows:

(a)

The applicant, who shall be an owner of record or contract purchaser with written approval of owners of the land involved (if a contract purchaser, copy of said contract shall be filed with and made part of application), shall make application for the use permit to the zoning administrator on the form provided for that purpose, giving all information required by such form, including such other information which the zoning administrator may deem necessary for an intelligent consideration of the project for which a permit is desired. The application shall be accompanied by the required number of copies of a site plan which includes the front, side, and rear elevations and floor plans of the proposed buildings. Each application shall also be accompanied by a certified check payable to the county treasurer in the amount established by the board of supervisors for such application. This application fee shall be applied to the cost of advertising and expenses incidental to the reviewing, publishing, and reporting of the facts.

(b)

The zoning administrator shall transmit a copy of the application to the planning commission which after advertised public hearing shall send a recommendation to the board of supervisors.

(c)

Permits for conditional use may be granted by a favorable majority vote of the board of supervisors. An advertised public hearing shall be held in relation thereto at which time citizens and parties of interest shall have the opportunity to present their views. Permits shall be granted by the board of supervisors only after such applications have been referred to the planning commission for a report. Action shall be taken by the board of supervisors only after a report has been received from the planning commission, unless a period of 90 days has elapsed after date of referral to the commission, after which time it may be assumed the commission has approved the application.

(Ord. of 1-19-1994)

(d)

Upon the granting of a use permit, one copy of the site plan, upon which has been indicated the changes or restrictions, if any, required by the board of supervisors, shall be returned to the applicant, who may thereafter conduct the operations for which the permit has been granted only in such manner and for such a time as the permit and the certified drawing shall specify. A use permit shall be valid for only the specific use it covers in the specific location designated.

If in any district established under this ordinance, a use compatible with the district is not specifically permitted and an application is made by a property owner to the administrator for such use, the administrator shall refer the application to the planning commission which shall make its recommendations to the governing body within 60 days. Following recommendation by the planning commission, if the application is approved by the governing body, the ordinance shall be amended to list the use as a permitted use in that district. Both the planning commission and the board of supervisors shall hold a public hearing in connection with this application after advertising according to Code of Virginia, § 15-1.431.

There shall be provided at the time of erection of any main building, or at the time any main building is enlarged, minimum off-street parking space with adequate provisions for entrance and exit by standard sized automobiles, as follows:

1-5-1. In all residential districts there shall be provided, either in a private garage or on the lot, space for the parking of one automobile for each dwelling unit in a new building, or each dwelling unit added in the case of the enlargement of an existing building.

1-5-2. Tourist homes, motels, boarding and rooming houses shall provide, on the lot, parking space for one automobile for each accommodation.

1-5-3. For churches, and for theaters, general auditoriums, stadiums, and other similar places of assembly, at least one parking space for every five fixed seats provided in said building.

1-5-4. For hospitals, at least one parking space for each two beds' capacity, including infant's cribs and children's beds.

1-5-5. For medical and dental clinics, at least ten parking spaces. Three additional parking spaces shall be furnished for each doctor or dentist having offices in such clinics in excess of three doctors or dentists.

1-5-6. For nurseries, day care centers, elementary schools, junior high schools, at least one parking space for each employee plus one for every 40 students.

1-5-7. For high schools, colleges or other schools (public or private), at least one parking space for each employee plus one for every ten students.

1-5-8. For mortuaries and liquor stores, at least 30 parking spaces.

1-5-9. For retail stores selling directly to the public, one parking space for each 200 square feet or retail floor space in the building.

1-5-10. For industrial and wholesale business, manufacturing plants, factories, or laboratories, at least one parking space for each employee plus one for each 1,000 square feet.

1-5-11. Any other commercial building not listed above hereafter erected, converted, or structurally altered shall provide one parking space for each 100 square feet of business floor space in the building.

1-5-12. Parking space as required in the foregoing shall be on the same lot with the main building, except that in the case of buildings other than dwellings, spaces may be located as far away as 600 feet. Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt or concrete. It shall have appropriate guards where needed as determined by the administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in a residential district.

Whenever there shall be plans in existence, approved by either the Virginia Department of Transportation, or by the governing body, for the widening of any street or highway, the commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

1-7-1. Wherever general advertising signs are permitted by this ordinance, they shall be subject to the size, spacing and lighting regulations established by the Commonwealth Transportation Board for such signs adjacent to non-freeway federal-aid primary routes.

1-7-2. Wherever directional and other official signs and notices are permitted by this ordinance, they shall be subject to the rules and regulations established by the Commonwealth Transportation Board for such signs and official notices.

Any use permitted by this ordinance shall comply with all appropriate state and federal permitting requirements.

1-9-1. There are hereby established certain zones which include all of the area and airspace of Brunswick County lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Lawrenceville-Brunswick Airport and the Mecklenburg Brunswick Regional Airport. These zones are established as overlay zones, superimposed over the existing underlying districts, being more specifically zones of airspace that do not affect the uses and activities of the underlying district except as provided for in section 1-9-2 following. An area located in more than one of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows:

(a)

Airport zone. A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

(b)

Approach zone. A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.

(c)

Transitional zone. A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.

The source of the specific geometric standards for these zones are to be found in part 77.25, subchapter E (Airspace), of title 14 of the Code of Federal Regulations, or in successor federal regulations.

1-9-2. Notwithstanding any other provision of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to:

(a)

Create electrical interference with navigational signals or radio communication between the airport and airborne aircraft;

(b)

Diminish the ability of pilots to distinguish between airport lights and other lights;

(c)

Result in glare in the eyes of pilots using the airport;

(d)

Impair visibility in the vicinity of the airport;

(e)

Create the potential for bird strike hazards; or

(f)

Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

1-9-3. Except as otherwise provided in this ordinance, in any zone created by this ordinance no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to height so as to penetrate any referenced surface, known as the floor, of any zone provided for in section 1-9-1 of this ordinance at any point. The height restrictions, or floors, for the individual zones, shall be those plans delineated as surfaces in part 77.25, subchapter E (Airspace), of title 14 of the Code of Federal Regulations, or in successor federal regulations.

1-9-4. The regulations prescribed by this ordinance shall not require removal, lowering, or other change or alteration of any structure or vegetation not conforming to the regulations as of December 1, 1992, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to December 1, 1992, and is diligently prosecuted. Notwithstanding the foregoing provision, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.

1-9-5. Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this ordinance may apply for a variance from such regulations to the board of zoning appeals. Such application shall be properly advertised and be reviewed and considered through a public hearing. Prior to being considered by the board of zoning appeals the application for variance shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this ordinance. Additionally, no application for a variance to the requirements of this ordinance may be considered by the board of zoning appeals unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within 15 days after receipt, the board of zoning appeals may act independent of the airport owner's position to grant or deny the variance.

1-9-6. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the administrator. If deemed proper with reasonable cause by the board of zoning appeals, this condition may be modified to require the owner of the structure in question to permit the airport owner, at his own expense, to install, operate, and maintain the necessary markings and lights.

1-10-1. [Requirements.] Requirements for siting a manufactured home and securing a certificate of occupancy therefor.

1)

The proposed site must be located within a zoning district of the county wherein such homes are permitted, and if applicable, a special use permit must be secured.

2)

The following three requirements must be satisfied:

a)

The manufactured home must have been constructed on or after July 1, 1976; and

b)

The manufactured home must be certified as meeting the Manufactured Home Construction and Safety Standards Acts promulgated by the U.S. Department of Housing and Urban Development; and

c)

The manufactured home shall be located in compliance with the Uniform Statewide Building Code and the Virginia Manufactured Housing Safety Regulations.

3)

Underpinning and skirting shall be installed for every such manufactured home in compliance with the Uniform Statewide Building Code. The skirting shall be of a suitable material, as determined by state and local law.

4)

All ancillary structures or conditions (e.g., steps, landings, patios, carports, and garages) shall be constructed in compliance with the Uniform Statewide Building Code.

5)

Each egress door shall be provided with steps, landings and/or handrails as required under the Uniform Statewide Building Code.

6)

Exception. All mobile homes legally situated on a property in Brunswick County and which homes are being used for occupancy as a residence are excepted from this provision for the purposes of their relocation within the County of Brunswick for use as occupancy as a residence in compliance with the provisions of this ordinance.

(Ord. of 12-14-1998; Ord. of 5-17-2000)

1-10-2. Family members. Notwithstanding regulations and uses set forth herein applicable to manufactured and mobile homes and to manufactured and mobile home parks, a manufactured or mobile home, as defined may be located on the existing lot of a property owner in an agricultural district, A-1 or residential district, R-1 for use as a residential dwelling by a family member requiring convalescent care of such property owner subject to the following:

(a)

Occupancy. The manufactured or mobile home must be occupied by a family member requiring convalescent care of the property owner.

(b)

Placement on lot. A property owner is not required to officially plat an individual lot for each manufactured or mobile home site. A sketch of the lot use will be required showing the placement of the manufactured or mobile home on the owner's property and its relation to existing structures, public roads, private drives, and other significant features of the property. The property owner shall designate and reserve a minimum lot area of 10,000 square feet, or greater if required by the health department, for the unit placed on his property. No manufactured or mobile home shall be located, stored, or placed on the lot until such use has been approved and a zoning permit issued by the zoning administrator.

(c)

Health. The manufactured or mobile home shall be connected to either an individual water supply and septic tank drainfield system approved by the health department or to an approved public water and sewer system.

(d)

Number of units. The placement of one manufactured or mobile home shall be allowed to each property owner under the provisions of this section.

(e)

Discontinuance of use. The zoning administrator shall be immediately notified as to the discontinuance of the manufactured or mobile home's use as a residential dwelling occupied by a family member requiring convalescent care. Beginning upon the date of the discontinuance of the approved use, the property owner shall have 90 days in which to remove the manufactured or mobile home from the property.

(f)

Located in residential limited district, R-1. A manufactured or mobile home may be located on the existing lot of a property owner in the residential limited district, R-1 for residential use by a family member subject to the regulations of this section and the following additional conditions and requirements:

(1)

The existing lot shall meet minimum agricultural district, A-1 lot area and width requirement.

(2)

Placement of the manufactured or mobile home on the property shall meet minimum agricultural district, A-1 setback and yard regulations.

(3)

Only one manufactured or mobile home unit shall be allowed to each property owner in the residential limited district, R-1 under the provisions of this subsection.

(4)

Occupancy and use of the manufactured or mobile home where permitted in the residential limited district, R-1 shall be strictly limited to residential occupancy by a family member for convalescent care purposes only.

(g)

Yearly renewal of permit. The property owner must renew the zoning permit for the placement of a manufactured or mobile home on their property for a family member requiring convalescent care every 12 months. Renewal of the zoning permit will require new documentation confirming the family member residing in the manufactured or mobile home requires convalescent care. A renewal fee shall be charged for all permits that are not renewed by the renewal date. The planning department will notify each property owner in writing 30 days prior to the renewal date.

(Ord. of 4-19-1995; Ord. of 7-16-2008; Ord. of 7-16-2009)

1-10-3. Farm operation. Notwithstanding regulations and uses set forth herein applicable to manufactured or mobile homes and to manufactured or mobile home parks, there may be placed upon a farm operation, as herein defined, in agricultural district, A-1, one or more manufactured or mobile homes but not to exceed four manufactured or mobile homes per farm operation according to the following table:

The location, placement and use of such manufactured or mobile homes shall be subject to the following conditions:

(a)

Head of household. The head of the household who occupies each such manufactured or mobile home shall be gainfully employed full time on the operation, or be a member of the owner's immediate family.

(b)

General regulations. Each such manufactured or mobile home shall be considered a conventional dwelling within the terms of the section, and the general regulations of the agricultural district, except minimum lot size, shall be applied to each such manufactured or mobile home.

(c)

Health. Each such manufactured or mobile home shall be connected to an approved septic tank and drainfield system and to a satisfactory water supply.

(d)

Special exceptions. Manufactured or mobile homes used solely for the purpose of housing seasonal migrant farm workers are not subject to the number permitted per farm operation limitations and head of household conditions specified above.

1-10-4. Temporary permits. The zoning administrator may grant a temporary permit for the location, placement and use of a manufactured or mobile home or travel trailer subject to the following conditions:

(a)

Residence use. The manufactured or mobile home is situated at the residence construction site and is occupied solely by the owner of the premises and members of the owner's immediate family.

(b)

Office use. The manufactured or mobile home or travel trailer is situated at the commercial, industrial, or public construction site and is occupied only by persons directly engaged in the supervision of the construction of the structure of development.

(c)

Yard requirements. All yard requirements of the district in which the manufactured or mobile home or travel trailer is located shall be observed.

(d)

Manufactured or mobile home facilities. Only manufactured or mobile homes containing sleeping accommodations, a flush toilet, and a tub or shower bath shall be occupied as living quarters.

(e)

Health and sanitation. All health and sanitary regulations of the county and state departments of health shall be observed.

(f)

Electrical service. Safe temporary connection to the electrical utility system is made in accordance with the Uniform Statewide Building Code.

(g)

Temporary permit[; issuance; renewal]. A temporary permit is issued for a period of 12 months only upon showing by the applicant of a valid and approved building permit for a conventionally built residence or church or a commercial, industrial or public structure or development, public facility or public utility. Such temporary permit may be renewed two times for a period of 12 months each for a maximum of 36 months upon the applicant demonstrating that substantial progress is being made in the construction of the conventionally built residence or church or a commercial, industrial or public facility or utility. "Substantial progress" is defined as having completed at least 15 percent of the structure at the end of the initial permit and at least 40 percent of the structure at the end of the first renewal, as determined by the building official.

1-10-5. Temporary placement. Upon application by the property owner, the zoning administrator shall grant a temporary permit for the placement of a manufactured or mobile home or travel trailer for residential use upon the premises of a single-family dwelling or manufactured home for a period of 90 days, when a single-family dwelling or manufactured home becomes uninhabitable due to:

a)

Civil commotion

b)

Explosion

c)

Fire

d)

Flood

e)

Hail

f)

Lightning

g)

Sudden and accidental damage from smoke

h)

Vehicles and aircraft

i)

Wind storms

Uninhabitable shall be a condition determined by the building official, following consultation with the health officer.

All proposed subdivisions of three or more lots or parcels, concurrently or cumulatively, from any one tract or parcel of land for residential purposes must be zoned residential (R-1) or residential (R-2) under the zoning ordinance of Brunswick County prior to final plat approval. The residual of the parent tract or parcel shall meet the minimum underlying zoning district requirements for lot area and lot width for residential lots. Such lot shall be considered as a lot or parcel intended for residential purposes, unless it is expressly noted on the plat of such residual lot that it is intended for bona fide agricultural purposes in accordance with section 1-12.

(Ord. of 1-20-1999)

As such exception is granted by the Code of Virginia, § 15.2-2244, a single division of land into parcels where such division is for the purpose of a sale or gift to a member of the immediate family of the property owner is excepted from the residential zoning requirement set forth in section 1-11 above, provided:

1)

Only one such division shall be allowed per family member.

2)

Such division shall not be for the purpose of circumventing this ordinance.

3)

A member of the immediate family shall be defined as any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the property owner.

4)

Such division shall otherwise comply with applicable provisions of this ordinance and the Brunswick County Subdivision Ordinance.

5)

Plats for such lot or parcel divisions shall be noted for the purpose of sale or gift to an immediate family member, and shall include a note stating the name of the immediate family member who will receive such lot or parcel and their family relationship to the property owner. Such plat shall be approved by the subdivision agent prior to recordation.

Divisions of land may be permitted for bona fide agricultural or silvicultural purposes. Such divisions may be restricted by deed restrictions or covenants from further subdivision for residential development.

Except for the height limits as set forth in section 1-9 and section 26-4-4(f), any other height limitations specified in the zoning ordinance shall not apply to church spires, belfries, cupolas, domes, heat transfer units, tanks, water towers, air emission stacks, chimneys, flues, cooling towers, radio or television antennas as an accessory use to the principal use, or similar structures attached to a building and containing no advertisement, nor the parapet walls extending not more than four feet above the limiting height of the building; nor to grain elevators, derricks or other necessary industrial, utility, public service or temporary construction structures; provided that no such structure specifically mentioned above shall exceed a height in any residential (R-1, R-2, RRMH, RR) district of 75 feet except as may be allowed by a conditional use permit, nor in any other district of 165 feet except as may be allowed by a conditional use permit, nor shall such structure penetrate the floor of any of the zones noted in section 1-9, Airport Safety Zones. This section shall not permit any structures at heights which would not comply with the requirements of the Airport Safety Zones (section 1-9) or the Standards For Telecommunications Antennas and Towers (Article 26).

(Amd. of 7-18-2001; Ord. of 5-15-2019(1))

1-14-1. Purpose. Planned developments are of such substantially different character from other conditional uses that specific and additional standards and exceptions are established to govern the planning commission's recommendations and the board of supervisors' actions.

1-14-2. Use exceptions. In the case of planned developments, the planning commission may recommend, and the board of supervisors may authorize, specific uses not permitted in the district, provided such uses do not occupy more than 30 percent of the gross acreage of the total project and that the board of supervisors consider the following in making their determination:

(a)

That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development.

(b)

That the uses permitted by such exception are not of such a nature or located so as to exercise a detrimental influence on the surrounding neighborhood.

Provided, however, that the planning commission may recommend and the board of supervisors may authorize specific uses not permitted in the district in which the development is located for more than 30 percent of the gross acreage of the total project; provided that, in addition to the findings noted above, the board shall also find that such use is not specifically enumerated in this chapter as permitted by right, with or without restrictions, or by conditional use or special exception in any district. Nothing contained in the this section shall be construed to permit the approval of any use specifically prohibited.

1-14-3. Regulation exceptions. The planning commission may recommend, and the board of supervisors may authorize, exceptions to the applicable bulk and/or development regulations of this chapter; provided that the planning commission and the board of supervisors shall consider:

(1)

That such exception shall be solely for the purpose of promoting an integrated plan no less beneficial to the residents or occupants of the development, as well as neighboring property, than would be obtained under this chapter's bulk and/or development regulations for buildings developed on separate zoning lots.

(2)

That the minimum lot requirements of this chapter may be decreased without limitation; provided that permanent open space or land, in an amount equivalent to that by which each residential lot or building site has been diminished under this provision, shall be provided in common areas within the development.

(3)

The director of planning, planning commission or board of supervisors may require any reasonable method to guarantee that open spaces provided as an integral part of the planned development shall always remain available to those people for whom they were designed to serve and that such open spaces shall be reasonably maintained.

1-14-4. Procedural requirements. The applicant for any planned development shall adhere to the following procedures:

(1)

Master plan. The director of planning may, in addition to the general requirements of this chapter, require additional information which may include, but not be limited to, a master plan showing the general location of streets and the land uses by type, function, density and intensity. The director of planning may also require the master plan to include, in a map or textual form, preliminary plans for drainage and erosion and sediment control, transportation improvements, water and wastewater service, and other public utilities and facilities. The master plan and any amendments thereto shall be reviewed by the planning commission for recommendation and submitted to the board of supervisors for final action.

(2)

Land added or removed after master plan approval. If land area is to be added to or removed from a planned development after a master plan has been approved, the area to be added or removed shall be considered under a separate conditional use planned development application. If an area is approved to be added to or removed from a planned development, the master plan for the original development shall thereafter include the area added or removed.

1-14-5. Amendment of conditions. Conditions approved in conjunction with a conditional use planned development may be amended as follows:

(1)

Conditions that allow amendment by the planning commission, staff or others may be amended per the language of the condition.

(2)

Conditions that establish setbacks may be amended through the granting of a variance, either by the board of zoning appeals or administratively, provided the variance is only granted on a parcel by parcel basis, not on an overall basis to cover the entire area encompassed by the conditional use planned development.

(3)

All other conditions may be amended by an application to amend the conditional use planned development.

(Amd. of 12-17-2003(1))

1-15-1. Purpose. Where screening is required in this ordinance, it is the intent to provide a physical integration of uses which promotes the public health, welfare and safety by preventing visual pollution, the overcrowding of land, the undue congregation of people and vehicles and to promote the peaceful enjoyment of property within the County of Brunswick. Screening is to limit and reduce the noise between incompatible abutting uses to ease the transition from one zone to another. Screening shall provide a vertical barrier and shall be designed to block visual or noise impact. When unrelated activities are located adjacent to one another, screening as required herein shall be used to ensure compatibility between adjacent uses.

Certain activities shall be screened by structures, walls, fences landscaping or a combination thereof in order to ease the transition of one land use or activity to another.

(Amd. of 8-20-2008; Amd. of 12-15-2021(1))

1-15-2. Authority. The planning director/zoning administrator, planning commission and/or the board of supervisors shall have the authority to require screening for any permitted use in the zoning ordinance, to include the type and amount of screening required on a case-by-case basis.

(Amd. of 8-20-2008)

1-15-3. Specific standards.

(A)

Required screening shall be provided in accordance with the following standards to achieve the intent of this section, except where otherwise provided in the district regulations of this ordinance:

1.

The screening shall be continuous and in place at the time of occupancy. If vehicular or pedestrian access through the screen us necessary, the screening function shall be preserved.

2.

When required, screening shall provide complete visual separation of outside storage, loading docks, overhead doors, service areas, trash collection storage areas, vehicle storage yards and similar uses.

3.

Architectural screening (fences, manmade barriers, berms, etc.) shall be at least six feet in height. Vegetative material shall be alive and in good health. Evergreen vegetation shall be not less than one and one-half inches diameter measured six inches above ground. Vegetative material shall be maintained in good condition and allowed to grow at least six feet in height.

4.

Screening design and development shall be compatible with the existing and proposed land use and the development character of the surrounding land structures.

5.

Screening shall be of sufficient density and diversity to achieve the intent of this section.

(B)

The following list of specific screening provisions is descriptive of configurations which, among others, meet the standards of the section above:

1.

White pines, Lob Pines, Eastern red cedar, Norway spruce, Canada hemlock, or similar tree.

2.

Yew, box honeysuckle or similar dense hedge.

3.

A six-foot-high architectural screed (fences, manmade structures, berms, etc.) supplanted with plantings.

4.

Barbed and razor wire are prohibited except under special provisions.

(C)

Maintenance:

1.

The owner shall be responsible for maintenance, repair and replacement of landscaping materials, buffering and screening that is required by this article. Replacement landscaping, buffering and screening must be in accordance with minimum standards of this article.

2.

All plant material shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris. All diseased and/or dead plat materials, except leaves and other normal forest letter shall be promptly removed and replaced during normal planting season and in all cases within a year.

3.

The owner shall maintain fences, walls and screens, including gates and doors, in good repair.

(Amd. of 8-20-2008; Amd. of 12-15-2021(1))