The purpose for establishing these provisions is to protect the aesthetic and visual character of lands in Brunswick County adjacent to Boydton Plank Road (U.S. Route 1), Christanna Highway (State Route 46), and Interstate 85, as defined herein, and to provide for and promote their orderly development. These overlay district regulations are intended to supplement the regulations of the underlying zoning districts and to provide for compatibility of development along the identified corridors. All development proposed within this district shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development occurs. In particular, the purpose of the highway corridor district is to:

A.

Encourage and better articulate positive visual experiences along designated county's highway corridors.

B.

Provide for the continued safe and efficient use of these highway corridors.

C.

Maintain natural beauty and scenic, cultural, and historic character of these corridors, particularly distinctive views, vistas, and visual continuity.

D.

Protect existing natural vegetation and wildlife habitats along these corridors.

E.

Discourage indiscriminate clearing, excessive grading, and clear cutting along these corridors.

F.

Minimize cut and fill operations by placing emphasis on the retention of natural topography of these corridors.

G.

Minimize intersections and individual site access points along these corridors.

The board of supervisors, planning commission, and/or zoning administrator, as the case may be, shall evaluate all proposed development activities within the highway corridor overlay district, which will include a review of the location, character and appearance of new development in the district.

(Ord. of 3-18-1998)

A.

The highway corridor overlay district shall include all lands within 500 feet of each side of the following rights-of-way:

1.

United States Route 1 (Boydton Plank Road) between the corporate boundary of the Town of Alberta and the Great Creek Bridge.

2.

State Route 46 (Christanna Highway) between a point measured 1,800 linear feet along State Route 46 (Christanna Highway) and the southbound lane of Interstate 85 and a point measured 2,700 linear feet along State Route 46 (Christanna Highway) south of the intersection of State Route 46 (Christanna Highway) and United States Route 1.

3.

Interstate 85 between the interchanges with Boydton Plank Road (United States Route 1) and State Route 46 (Christanna Highway) within the boundaries of Brunswick County.

B.

The boundary of the highway corridor overlay district may either follow a fixed distance as set forth in section 19-2.A or the defined boundaries of a natural or manmade feature as determined by the zoning administrator.

C.

The boundary of the highway corridor district shall be shown on the official Brunswick County Zoning Maps and shall be delineated as a surveyed line on any property proposed for development.

(Ord. of 3-18-1998)

A.

Review required. All proposed development activities located within the highway corridor overlay district shall be reviewed and approved by the zoning administrator and/or the board of supervisors with a recommendation from the planning commission. Any changes shall also receive such approval before proceeding. If a portion of the district will not be visible from the arterial highway once the project is completed, the board of supervisors with a recommendation from the planning commission, may waive the special requirements of this article for that portion. The zoning administrator may also review preliminary development plans or design development drawings at the request of the applicant.

B.

Development activity permitted within the district. There shall be no alteration of the existing condition of the lands, uses or structures within the highway corridor overlay district from December 1, 1992, henceforth, except as provided for by this section or by other sections of this article.

C.

Development activity prohibited within the district. These regulations are supplementary to the permitted uses and requirements for the appropriate underlying zoning district as contained in the Brunswick County Zoning Ordinance. Uses prohibited in the underlying zoning district are also prohibited in the highway corridor district.

(Ord. of 3-18-1998)

A.

Development of land for different uses and intensity of uses may necessitate the removal of trees to accommodate roads, parking, buildings, and facilities. It is the expressed intent of this section that every effort be made through the design, layout, and construction of development projects to incorporate and preserve as many trees as possible.

B.

No person shall cut, destroy, move, or remove any living, disease-free tree of any species having a trunk with a diameter of eight inches or larger, measured 4½ feet from the base, in conjunction with any development of land governed by this article unless and until such removal or destruction has been approved under the provisions of this article.

C.

No person shall cut or clear trees for the sole purpose of offering land for sale. Land may be underbrushed (bushhogged) in preparation for sale or development.

D.

The clear-cutting of trees strictly in conjunction with timbering or silvicultural activities is permitted upon any lot, parcel, or tract of land located within the district.

E.

A survey of all trees of applicable size shall be made and submitted in conjunction with the development plan unless modified by approval of the zoning administrator. All trees proposed for removal shall be clearly noted. The tree survey shall be certified by either a licensed land surveyor, registered engineer, or landscape architect.

F.

The requirement for a tree survey is waived in the case of golf course construction or when preliminary site evaluation by the applicant reveals the ability to accomplish the proposed project without removal of any trees eight inches in diameter or larger. In the latter case, the applicant shall submit a written statement that no trees will be removed and his development plan will indicate "No Tree Removal" as a condition thereof.

G.

Considerable damage to or the death of trees may result if more than six inches of soil is added around the base of a tree, more than 30 percent of circumferential bark is removed, or more than 30 percent of the root system is removed. In addition, asphalt paving, building construction, and soil compaction too close to trees may cause their destruction. Accordingly, it shall be the responsibility of the developer to institute alternative site designs to assure the best chance of tree survival whenever these criteria cannot be adhered to.

H.

Those trees designated for preservation in accordance with the provisions of this ordinance as shown on the approved landscaping plan shall be marked with colored tape or other similar material encircling the tree trunk at a height of four feet above the ground and a barricade four feet in height will be erected around the tree at least three feet outside the drip line prior to the start of construction.

I.

As a condition of approval under this article, the applicant may be required to plant replacement trees for trees approved for removal as part of the development plan. In requiring replacement trees, the following shall be considered:

1.

The intended use of the property.

2.

The existing or pre-development tree coverage, sizes and types.

3.

The number, size, type, and location of natural trees proposed for preservation by the applicant.

4.

The grading, road, building, parking, and drainage requirements.

(Ord. of 3-18-1998)

A.

Each development plan shall provide a minimum visual buffer between the right-of-way line of the subject arterial highway and all proposed structures and parking areas. The purpose of the minimum visual buffer is to soften the appearance of structures and parking lots from the road, to screen vehicular headlight glare on and off-site and to lessen spillover light from on-site lighting.

B.

The buffer shall be continuous and be no less than 75 feet from the existing right-of-way line or from the new right-of-way line should the proposed development activity under consideration be required to or voluntarily, provide a dedication of or easement for transportation purposes.

C.

The intent of the minimum visual buffer is to leave naturally occurring buffer vegetation intact for its softening effect. This buffer shall be enhanced or created, where such vegetation is insufficient or nonexistent, with trees and shrubs of a variety of species appropriate to county character. If the minimum visual buffer already has trees of protected size and species, their preservation is required, unless otherwise provided for in section 19-6. Where masses of native shrubs are present, their preservation with minimum disturbance is strongly encouraged. While complete screening of a project is not required, sufficient plant material shall be installed to accomplish the softening effect required.

D.

In order to maintain the screening effect of preserved trees, existing limbs or branches shall not be removed from the ground more than six feet to the lowest branches. However, if understory planting is planned, existing vegetation may be removed with the approval of the zoning administrator.

(Ord. of 3-18-1998)

A.

Purpose. Exemptions, whether partial or total, from the bufferyard provisions may be granted if it can be sufficiently demonstrated that such bufferyard will have a negative visual effect upon an existing situation or that through the preservation of an existing treestand or other unique natural vegetative resource, particular effort on the part of a developer in protecting the existing natural environment warrants the relaxation of bufferyard requirements. Such exemptions does not include a reduction in the required setback provided in section 19-9.

B.

Protection of existing visual environment. The following cases anticipate those situations where the board of supervisors with a recommendation from the planning commission may determine that the bufferyard requirement may be relaxed or removed:

1.

Views and vistas of existing buildings which exhibit a high degree of aesthetic value serving to heighten the visual experience, serve as important points of spatial identification or contain value as important historical resources.

2.

Views and vistas of existing natural landscape/topographical features of a particular area of the district which correspond to certain high points affording panoramic views, views involving settlement clusters, views of water, tidal and nontidal wetlands, tributary streams and other elements of the physical landscape.

3.

Views and vistas to existing recreational/open space areas, whether natural or manmade, which serve to contribute to the overall visual environment. Such uses include golf courses, state or local parks, equestrian centers, cemeteries, etc.

4.

Views and vistas which give the observer an awareness of a location's inherent character related to views of farmland, pastures, water activities, etc.

C.

Protection of proposed visual environment. Where a proposed development intends to further enhance or protect the existing visual environment, the board of supervisors with a recommendation from the planning commission may exempt, wholly or partially, the proposed development from the required bufferyard. Examples include the following:

1.

A proposed development which by virtue of the characteristics of its structures indicates innovation of design, a unique relationship with the site, represents a focal point and establishes a particular identifying element for the county.

2.

A proposed development which exhibits innovative or unique uses of site landscaping, or which combines in the use of the site, open recreational areas such as described above.

(Ord. of 3-18-1998)

A.

No existing vegetation of any type, size, or origin shall be altered or removed unless it satisfies the requirements of this article.

B.

Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions:

1.

Roadway or driveway access to the portion of the site not in the minimum visual buffer provided that it is approximately perpendicular to the arterial public right-of-way.

2.

Provision for water, sanitary sewer, storm drainage, electrical, telephone, natural gas, cable, utility service lines below the surface of the ground provided that the natural vegetation is preserved and protected to the greatest extent practicable. Overhead utility service shall be prohibited.

3.

Pedestrian and bicycle paths designed to provide continuous connection along the road corridor, provided that such paths can be constructed without materially reducing the screening and visual softening capacity of the bufferyard.

4.

Lighting fixtures only for approved signs or if, for safety reasons, they cannot be placed outside the buffer and then only when electric utility lines serving these fixtures and necessary easements can be established and constructed without reducing the screening and visual softening capacity of the bufferyard.

5.

Signs in accordance with section 19-13 of this article and the underlying zoning district.

6.

Clear sight distances at the permitted entrances and exits to any development as needed to provide for reasonable traffic safety, in accordance with accepted traffic engineering practices when recommended or required by the Virginia Department of Transportation.

7.

The addition of plantings, earthen berms, or other visual buffers subject to the approval of the board of supervisors with a recommendation from the planning commission.

(Ord. of 3-18-1998)

A.

Bufferyards shall remain in the ownership of the property owner or developer of the subject property or his successor or assigns.

B.

The property owner or developer, his successor, or assigns shall be solely responsible for the perpetuation and maintenance of all landscaping, fencing, and screening materials required by this article or shown on an approved development, landscaping, or similar plan. Failure to perpetuate and maintain such landscaping, fencing, and screening materials in a healthful and natural state shall be deemed a violation of the zoning ordinance.

(Ord. of 3-18-1998)

A.

Yard requirements. The following yard requirements shall apply to any lot or parcel located within the highway corridor overlay district:

1.

Front yard setback for all structures and vehicular movement and parking areas shall be determined by the visual bufferyard as required in this article. In no instance shall the setback for structures or vehicular parking areas be less than 75 feet. (This minimum setback shall strictly apply on all portions of any lot or parcel abutting public rights-of-way designated by this article in section 19-2, including corner side yards.)

2.

Side yard setback for all structures and vehicular movement and parking areas shall be a minimum of 25 feet. The minimum corner side yard setback for any lot or parcel shall be 35 feet. One foot shall be added to each side yard for each three feet that the building height adjacent thereto exceeds 45 feet or three stories, whichever is less.

3.

Rear yard setback for structures and vehicular movement and parking areas shall be a minimum of 35 feet. One foot shall be added to each rear yard for each three feet that the building height adjacent thereto exceeds 45 feet or three stories, whichever is less.

B.

Height requirements. The maximum height of all structures shall be as permitted by the underlying zoning district(s).

C.

Permitted variations in side and rear yard requirements. The required minimum side and rear yards for any lot or parcel within the district may be reduced with the retention of natural vegetation or the provision of additional landscaping as follows:

1.

The required side yard may be reduced to 15 feet with the retention of natural vegetation which shall provide a visual screen or the provision of landscaping in accordance with this ordinance. In no case shall the required side yard be reduced when the lot or parcel is adjacent to any agricultural or residential district.

2.

The required rear yard may be reduced to 25 feet with the provision or retention of natural vegetation which shall provide a visual screen or the provision of landscaping in accordance with section 19-11. In no case shall the required rear yard be reduced when the lot or parcel is adjacent to any agricultural or residential district.

(Ord. of 3-18-1998)

A.

Purpose and intent. The purpose and intent of this section is to maximize the functional capacity and maintain the level of service of highways within the highway corridor overlay district; to minimize the number of access points to these arterials and other public rights-of-way within the district; to promote the sharing of access and the ability to travel between sites; to provide pedestrian circulation networks among residential, commercial and recreational areas; and to enhance safety and convenience for land uses within the district.

B.

Access to arterial highways. Access from any parcel or lot having frontage along an arterial highway identified in section 19-2 within the district and in existence prior to adoption of this article shall be permitted one direct access point to said highway, unless an access plan is submitted and approved by the board of supervisors with a recommendation from the planning commission and the Virginia Department of Transportation for more than one access point as provided for in section 19-9.E.

C.

Access for two or more lots under singular ownership. If two or more parcels are placed under one common ownership and/or control, such assembly shall be permitted only one direct access to the arterial highway within the district, unless an access plan is submitted to and approved by the board of supervisors with a recommendation by the planning commission and the Virginia Department of Transportation for more than one access point.

D.

Access from lots or parcels not permitted direct access. Direct access to arterial highways shall be provided by one or more of the following means for lots or parcels not permitted direct access to the arterial highway, subject to approval by the board of supervisors with a recommendation by the planning commission and the Virginia Department of Transportation:

1.

Access to the site may be provided by an existing or planned public road.

2.

Access to the site may be provided via the internal circulation of a shopping center, an office complex, or similar group of buildings having access in accordance with an approved access plan; and no additional direct access shall be provided to the site from a public street intended to carry through traffic over and above those entrances which may exist to provide access to the shopping center, office complex, or similar group of buildings.

3.

Access to the site may be provided by a service drive generally parallel with the arterial highway, but located behind the minimum visual bufferyard (see section 19-5) which provides controlled access to the site.

4.

Use of reverse frontage or double frontage lot layouts on parallel roads when possible to provide access exclusively from the road. All minimum bufferyards shall be maintained as required by section 19-5.

5.

Use of shared entrances with those established or likely to be required on adjacent sites to minimize curb-cuts or increase spacing between curb-cuts.

6.

Use of deceleration or turning lanes where access must be from the arterial highway with sufficient capacity to avoid stacking or queuing of entering vehicles on the arterial highway.

The means of access control provided shall be that which effectively minimizes creation of new intersections and new individual site access locations along the highways and best preserves highway traffic capacity and promotes vehicle safety.

E.

Access plan. An access plan shall be submitted and approved prior to or current with development plan approval for those lots or parcels proposing more than one access point to an arterial highway within the district. Such access plan shall be drawn to scale, including dimensions and distances, and clearly delineate the traffic circulation system and the pedestrian circulation system as coordinated with adjacent properties including the location and width of all streets, driveways, access aisles, entrance to parking areas, walkways and bicycle paths.

F.

Traffic impact analysis. A traffic impact analysis shall be submitted to and approved by the board of supervisors with a recommendation by the planning commission, under the following circumstances:

1.

Any proposed development which will generate 200 average daily trips (ADT) or more based on vehicular trip generation rates as defined by the most current Institute of Transportation Engineers' publication, Trip Generation.

2.

At the request of the zoning administrator, when the proposed development is expected to significantly impact the vehicular movement on the highways within the district.

G.

Internal circulation. Sites shall be designed to achieve direct and convenient pedestrian and vehicular circulation between adjacent properties.

(Ord. of 3-18-1998)

A.

Purpose and intent. The compatible relationship of architecture along highways within the highway corridor overlay district is of critical public concern for any structures or site improvements. The purpose and intent of these architectural guidelines and development standards is not to stifle innovative architecture or development, but to assure respect for and to reduce incompatible and adverse impacts on the visual experience from the highway.

B.

Architectural standards. The architectural design of structures and their materials and colors shall be visually harmonious with the overall appearance, history, and cultural heritage of Brunswick County and with natural land forms and existing vegetation and with other development plans already approved by the county. Specific consideration shall be given to compatibility with adjacent properties where such projects demonstrate the county's character. Design and architectural features will demonstrate consistency with the following provisions:

1.

Large work area doors or open bays shall not open toward or face the highway.

2.

Heating, ventilating, and air conditioning equipment, duct work, air compressors, other fixed operating machinery shall be either screened from view or located so that such items are not visible from the highway. Large trash receptacles, dumpsters, utility meters, above-ground tanks, satellite dishes, antennas, etc., shall be similarly treated.

3.

Fencing along the highway right-of-way is discouraged, but if used, such fencing shall be landscaped to minimize visibility from the highway or be of a style which is harmonious with the rural and agricultural character of the county. Chainlink or wire fencing is prohibited within or adjacent to the front and side yards and shall not be visible from public rights-of-way. Fencing for bona fide agricultural operations are exempt from this requirement.

4.

Avoidance of long monotonous facade designs including, but not limited to, those characterized by unrelieved repetition of shape or form or by unbroken extension of line shall be avoided.

5.

Brick, natural wood siding, stucco, or other materials with similar texture and appearance are considered appropriate to county character and are to be used within the district.

6.

Colors of paints and stains shall be nature-blending with generally no more than three colors per building. Semitransparent stains are recommended for application on natural wood finishes.

7.

No building facade (whether front, side or rear) will consist of architectural materials inferior in quality, appearance, or detail to any other facade of the same building. The intent of this requirement is not to preclude the use of different materials on different buildings' facades (which would be acceptable if representative of good architectural design), but rather to preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values.

8.

A building or any portion of a building may be constructed of painted cinderblock corrugated metal materials, or sheet metal provided such buildings or portions of such buildings are not visible from any adjoining property or any public right-of-way.

C.

Development standards. Proposed development within the district should provide for visual compatibility and harmony with surrounding natural land forms and vegetation; be protective of views and vistas from the arterial highways within the district; and provide continuity of site design within the proposed development. These objectives include the following standards:

1.

Proposed development shall avoid excessive or unsightly grading, indiscriminate earth moving or clearing of property, and removal of trees and vegetation that could cause disruption of natural water courses or disfigure natural land forms.

2.

Proposed development shall be located and configured in a visually harmonious manner with the terrain and vegetation of the parcel and surrounding parcels. Structures shall impede, as little as reasonably practical, scenic views from the main highway or from existing structures and the natural environment.

3.

Structures shall not dominate, by excessive or inappropriate height or mass, any general development, adjacent building, or natural landscape in an incompatible manner.

4.

Architectural lighting shall be recessed under roof overhangs or generated from concealed source, low level light fixtures.

5.

Site lighting shall be of low-intensity from a concealed source, shall be of a clear white or amber light that does not distort colors, and shall not spill over onto adjoining properties, buffers, highways, or in any way interfere with the vision of on-coming motorists. Such lighting fixtures or devices shall be of a directional type capable of shielding the light source from direct view. The development plan must show the relationship of fixtures and the light patterns to each other, to the project site, to the unit development, and to the highway corridor.

6.

Decorative, low-level intensity, non-concealed source lighting that defines vehicular and/or pedestrian ways shall be acceptable when used for such purposes.

7.

Vehicular movement and parking areas shall be paved with concrete, asphalt, or other similar material. Vehicular movement and parking areas surfaced with gravel or other similar material shall be prohibited. Concrete curb and gutter or other stormwater management structures as approved by the zoning administrator shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian movement.

8.

No stormwater management structure, device, or practice shall be located within the minimum visual buffer area along the arterial highway right-of-way, unless it is incorporated into, is supportive of and enhances the landscaping plan, subject to the approval of the board of supervisors with recommendation from the planning commission.

9.

Outdoor storage shall be as permitted by the underlying zoning district, provided that all outdoor storage areas shall be visually screened from public rights-of-way, internal roadways, and adjacent properties. Screening shall consist of either a solid board fence, masonry wall, dense evergreen plants, or such other materials as may be approved by the board of supervisors with recommendation from the planning commission. All such screening shall be of sufficient height to screen storage areas from view and shall be appropriately landscaped in accordance with the standards set forth in section 19-11. Outdoor storage shall include the parking of all company owned and operated vehicles, with the exception of passenger vehicles.

10.

Site development should include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on site but are not part of the building and that encourage and facilitate human interaction with the built environment. Examples include, but are not limited to, the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, trash receptacles and enclosures, vendor areas, and fences. These improvements shall be designed to be consistent with all requirements listed above, and shall be reviewed for aesthetic functionality and compatibility with county character.

11.

All utility lines within the district shall be installed below the surface of the ground. Any existing vegetation disturbed for such installation shall be shown on the site development plan. Clearing activity required for the installation of such utility lines shall be kept to a minimum to the greatest extent possible.

(Ord. of 3-18-1998)

A.

Purpose and intent. A comprehensive landscaping plan for each individual lot or parcel within the district is essential for the visual enhancement of the corridors and to protect and promote the appearance, character, and economic values of land along the corridors and surrounding neighborhoods. The purpose and intent of such landscaping requirements is also to reduce the visibility of paved areas from adjacent properties and streets; moderate climatic effects; minimize noise and glare; and, to enhance public safety by defining spaces so as to influence traffic movement. Landscaping will also reduce the amount of stormwater runoff and provide transition between neighboring properties.

B.

Standards or requirements for landscape plans. The landscape plans for the proposed development shall provide visually harmonious and compatible setting for structures on the same lot and on adjoining or nearby lots and shall blend with the surrounding landscape. Natural appearing landscape forms are strongly encouraged. The following standards or requirements shall apply to all landscape plans:

1.

A landscaping plan shall be submitted in conjunction with development plan submittal.

2.

Such landscaping plan shall be drawn to scale, include dimensions and distances, and clearly delineate all existing and proposed vehicular movement and parking, and the location, size and description of all landscaping materials.

3.

The property owner, or his designated agent, shall be responsible for the maintenance, repair, and replacement of all landscaping materials as may be required by the provisions of this subsection.

4.

All plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris at all times.

5.

Where landscaping is required, no certificate of occupancy shall be issued by the building official until the required landscaping is completed in accordance with the approved landscape plan. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be issued only if the owner or his designated agent provides to the county a form of surety in favor of the county in an amount equal to the costs of the remaining plants, related materials, installation costs and ten percent contingency allowance. The county attorney shall approve all sureties and related documents as to form. Should an acceptable surety be provided, then all required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety shall be forfeited to the county. In addition, all required landscaping shall be maintained by the property owner in accordance with the approved landscape plan.

C.

Size standards. All landscaping materials required by this ordinance shall conform with the following minimum size standards:

D.

Source standards. All plant materials shall be in a living, healthy condition and shall be in conformance with the applicable standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen. It is recommended that indigenous plant materials be utilized in all cases except that alternative species may be used, upon certification from a licensed landscape architect that such species have rated hardiness and growth habit appropriate for the intended location on site.

E.

Berms and earthform standards. All berms and earthforms required or otherwise proposed for use shall conform with the following standards:

1.

The maximum side slope shall be three horizontal feet to one vertical foot (3:1) and appropriate erosion and sediment controls are to be utilized during construction.

2.

Berms and earthforms shall be designed with physical variations in height and alignment throughout their length.

3.

All plant materials installed on berms or earthforms shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.

4.

The landscape plan shall show sufficient detail, including a plan and profile of the berm or earthform, soil types and construction techniques to demonstrate compliance with requirements of this article.

5.

Berms and earthforms shall be located and designed to minimize the disturbance and adverse impact to existing trees located on the site or adjacent thereto.

6.

No part of any berm or earthform which is elevated more than 18 inches above natural grade shall be located within 20 feet of a public right-of-way or property line.

F.

Layout and design standards. Except as may be otherwise required by this article, the following layout and design standards shall apply to all landscape plans:

1.

All trees installed to meet the requirement of this article shall be comprised of a combination of deciduous shade, evergreen and flowering/ornamental tree types unless otherwise specified. No more than 50 percent of the required trees shall be of one type, nor shall more than 25 percent of the required trees be of a single species. This subsection shall not apply to trees preserved on the site.

2.

All trees installed to meet the requirements of this article shall be reasonably dispersed throughout the required planting areas, shall be planted with a combination of single and groups of trees in a staggered, clustered or other pattern and shall not be installed in a continuous single row.

3.

Shrubs installed to meet the requirements of this article shall be installed in groupings and integrated with installed or preserved trees.

4.

Existing vegetation which is suitable for use in the required landscaping shall be preserved and used to the maximum extent practicable. In no case shall any viable, mature, heritage, memorial, specimen or significant tree be removed from any buffer area or landscape preservation area except to accommodate necessary entrances, utility easements or where such preservation which would create or perpetuate demonstrable hazards to public health, safety, or welfare, subject to the approval for such removal by the board of supervisors with a recommendation from the planning commission.

G.

Replacement of trees and other vegetation. Should the zoning administrator determine that trees eight inches in diameter or greater and/or vegetation have been removed without specific approval for such removal or have been removed in accordance with an approved landscape and/or development plan, the zoning administrator shall require replacement of said trees or vegetation. The minimum height of the new replacement trees shall be ten feet. The minimum height of new shrubs used to create the minimum visual buffer shall be four feet.

H.

Landscaping requirements of interior vehicle parking areas.

1.

For any parking lot paved or similarly surfaced and containing ten or more spaces, interior landscaping shall be provided in addition to the previously required perimeter landscaping. Interior landscaping shall be contained in a peninsula or island containing a minimum area of 153 square feet having a minimum width of 8½ feet and a minimum length of 18 feet. There shall be a minimum distance of four feet from the edge of paving to the base of all trees which may overhang parked vehicles. The minimum landscape area permitted shall be ten percent of the total parking area. Each island or peninsula shall be enclosed by appropriate curbing or a similar device at least six inches in height above the paving surface.

2.

Where a parking area is altered or expanded to increase the size to ten or more vehicular parking spaces, interior landscaping for the entire parking area shall be provided and not merely to the extent of its alteration or expansion.

3.

Each ten parking spaces shall require an interior planting island and all interior parking aisles shall end in a landscape island.

4.

In order to encourage the required landscape areas to be properly dispersed throughout the parking area, no required landscape area shall be larger than the following:

a.

Three hundred fifty square feet in parking areas under 30,000 square feet in size.

b.

One thousand five hundred square feet in parking areas over 30,000 square feet in size.

5.

A minimum of one deciduous tree shall be required for each 250 square feet or fraction thereof of required landscaping or for each five spaces of required parking or for each 153 square feet of island or peninsula, whichever is greater. At least 50 percent of such deciduous trees shall have a minimum caliper of 2½ inches. The remainder of the required landscaped area shall be landscaped with turf grass, shrubs or vegetative ground cover not to exceed two feet in height.

6.

Interior landscaping for parking areas shall be installed and continuously maintained by the property owner according to the requirements contained in this article.

7.

Whenever any property is affected by these parking area landscape requirements, the property owner or his authorized agent shall prepare a landscape plan for review and approval according to the requirements this ordinance.

8.

Alternative parking area landscaping design and surfacing materials may be considered and approved by the board of supervisors with a recommendation from the planning commission. The innovative use of planting design and surfacing materials is encouraged and will be evaluated based on the intent demonstrated to fulfill the stated objectives of this article.

(Ord. of 3-18-1998)

A.

Purpose and intent. The purpose and intent of this section is to regulate the use of publicly visible displays or graphics within the highway corridor overlay district; to protect and enhance the character of these arterial highways and surrounding areas; to prevent diminishing property values within these areas; to safeguard the public use and nature of these arterial highways; and, to minimize visual distractions to motorists along these arterial highways.

B.

General sign regulations. The following shall apply to all signs within the district:

1.

Applicants for new or replacement signs in the district shall apply to the zoning administrator for review at the time of development plan review or as a separate submittal.

2.

Signs shall meet all applicable requirements contained in this article and the Brunswick County Zoning Ordinance.

3.

[Reserved.]

4.

The amount of information on signs shall be no more than is necessary to provide reasonable identification of the name and nature of the business to the passerby.

5.

Signs and advertising structures shall not obstruct any window, door, fire escape, stairway, ladder or opening intended to provide light, air or ingress and egress for any building or structure.

6.

[Reserved.]

7.

Individual rate signs or price signs shall be prohibited. Motor vehicle fuel and service stations shall be allowed to integrate fuel rate and price information into a freestanding, detached business identification sign.

8.

No sign shall be higher than the roof line or parapet wall of any building for which the sign is proposed. A sign may be attached to the facia of a pitched roof of a structure, but may not be located so as to extend above the upper edge of the facia of said roof. Also, a sign may be attached to the facia of or located on the sloping roof of a structure, but may not be located so as to extend more than four feet above the lower edge of said sloping roof.

9.

Temporary construction signs within the district shall comply with the design standards set forth in this article for colors and materials. In the case of multiple principals (for example, owner, developer, architect, engineer, contractor, or real estate or leasing agent), all information shall be contained on a single sign.

10.

Temporary signs not otherwise addressed herein or portable signs shall be prohibited in the district.

11.

Off-premises business, general advertising, or billboard signs shall be prohibited in the district.

12.

No sign may be located so that it interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public rights-of-way or private roads.

13.

Signs that revolve or are animated or that utilize movement or apparent movement to attract the attention of the public are prohibited.

14.

No sign may be erected so that by its location, color, size, shape, nature, or message it would tend to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies.

15.

Freestanding, detached signs shall be constructed to minimum applicable standards and requirements of the Virginia Uniform Statewide Building Code, as amended.

16.

Signs located within any public right-of-way shall be prohibited unless specifically approved or sanctioned by the regulatory authority.

17.

Pennants, ribbons, streamers, spinners, strings of lights, or other similar moving or stationary devices and any sign which contains or consists of such moving or stationary devices are prohibited.

18.

Signs that are attached to or utilize utility poles, trees or fences, or in an authorized manner, to walls or other signs are prohibited.

19.

Signs advertising activities which are illegal under federal, state, or local laws or regulations are prohibited.

C.

Sign design standards. The following standards shall apply to all signs within the district:

1.

A unified system of signage and graphics shall be required for each individual development with the highway corridor district. The establishment of an integrated signage system for existing development within the district is strongly encouraged.

2.

These systems shall be reviewed for materials, colors, shapes, sizes, compatibility with architecture, letter style, graphic display, and establishment of unity of design for the development.

3.

Materials, colors, and shapes of proposed signs shall be compatible with the related building(s). Size and proportions shall not be a dominant feature of the site and shall be judged by sizes and proportions of signs on adjacent and nearby properties that are compatible with county character.

4.

Freestanding, detached signs shall be encased within a structure that is architecturally related to and compatible with the main building(s) and overall architectural design of the development.

D.

Sign types and surface areas. The following sign types and sign surface areas shall be permitted in the district:

1.

One flat sign attached to a wall of a building. Such signage shall have a total aggregate sign area of not more than ten percent of the area of the wall fronting or facing a public street or highway or 100 square feet, whichever is less. Alternatively, one projecting sign, limited in area to 30 square feet in size and projecting no more than 24 inches from the building or structure.

2.

One freestanding, detached sign per parcel shall be limited to no more than 35 square feet in size and shall be no more than ten feet in height. All such signs shall be of a monument style having a base equal to the width of the sign.

3.

Signage on canopy structures over motor vehicle fuel dispensers associated with a motor vehicle fuel operation will be computed as part of the allowable freestanding, detached sign surface area.

4.

Internally illuminated signs which are located within the exterior or interior of windows and doors and which are visible from a public right-of-way shall be considered an attached flat sign and subject to all requirements of this article. The area of such signs shall be deducted from the allowable sign area to be attached to the structure.

5.

Where individual letters, characters or figures are attached or mounted so as to use a building facade as a background, the area of such sign shall be determined by computing the sum of the area within the outer perimeter of each individual character or figures comprising the total message, symbol or advertisement.

6.

Signs attached to the interior of a building window or glass door, individually or collectively, may not cover more than ten percent of the surface area of the transparent portion of the window or door to which they are attached.

E.

Sign landscaping standards. The following landscaping standards shall apply to all signs within the district:

1.

Landscaping shall be integrated with each individual freestanding, detached sign. Clustering of plant species shall be required to provide a pleasing composition mix of natural vegetation.

2.

All such landscaping shall be depicted on the landscaping plan as required in section 19-11.

F.

Sign illumination standards. The following sign illumination standards shall apply to all signs within the district:

1.

External lighting shall be limited to light fixtures utilizing white, not colored, lighting and shall not be blinking, fluctuating, or moving. External lighting shall be provided by concealed and/or screened spotlight(s) or floodlight(s). Spot-lighting of signs shall be restricted to not more than one 150-watt light per side for sign faces up to 40 square feet and no more than two 150-watt lights per sign faces over 40 square feet. The sign base and/or proposed landscaping shall be designed to shield the light from on-coming motorists and to conceal the light fixture.

2.

Internal illumination shall be limited to an internal white light contained within translucent letters and internal illuminated sign boxes, provided the background or field on which the copy and/or logos are placed, is opaque. The area illuminated is restricted to the sign face only.

G.

Sign maintenance, abandonment, and required permits.

1.

All signs and all components thereof, including without limitation supports, braces, and anchors, shall be kept in a state of good repair. Components of freestanding, detached signs (e.g., supporting structures, backs, etc.) not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment.

2.

If a sign other than a billboard advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall, within 90 days after such abandonment, be removed.

3.

If the message portion of a sign is removed, leaving only the supporting "shell" of a sign or the supporting braces, anchors, or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within 90 days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This subsection shall not be construed to alter the effect of subsection 19-13.H, which prohibits the replacement of a nonconforming sign. Nor shall this subsection be construed to prevent the changing of the message of a sign.

4.

A zoning permit for a sign shall lapse if the business activity on the premises is discontinued for a period of 90 days or more and is not renewed within 30 days from a notice sent by zoning administration to the last permittee, that the sign permit will lapse if such activity is not renewed.

5.

Following project completion, all appearance features of signage or shown on an approved development plan shall be maintained in good condition by the owner and all subsequent owners of the property.

H.

Nonconforming signs.

1.

Subject to the restrictions of this article, nonconforming signs that were otherwise lawful on December 1, 1992, may be continued unless such signs are required to be removed pursuant to this article.

2.

No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. No nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition. Nor may illumination be added to any nonconforming sign.

3.

A nonconforming sign may not be moved or replaced except to bring the sign into compliance with the requirements of this ordinance.

4.

If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this article, and the remnants of the former sign structure shall be cleared from the property. For purposes of this section, a nonconforming sign is "destroyed" if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value of the sign so damaged.

5.

The message of a nonconforming sign may be changed so long as this does not create any new nonconformities by creating circumstances where such a sign would not be allowed.

6.

Subject to the other provisions of this ordinance, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed a 50 percent of the value of such sign.

7.

If a nonconforming billboard remains blank for a continuous period of 90 days, that billboard shall be deemed abandoned and shall, within 30 days after such abandonment, be removed by either the sign owner, the owner of the property where the sign is located, or any other person having control over such sign. For purposes of this section, a sign is "blank" if:

a.

It advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted;

b.

The advertising message it displays becomes illegible in whole or substantial part; or

c.

The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.

I.

Criteria for bonus sign area. To encourage design excellence, the maximum sign area for commercial businesses may be increased by the percentages herein. A separate bonus is granted for compliance with each of the respective criteria and the bonus area is cumulative, however, the percentage increase [is] computed on the original sign area. In no instance shall the bonus increase in sign area exceed 20 percent of the maximum area permitted in section 19-13.D.

1.

Detached signs may be increased as follows:

a.

Five percent when the sign is constructed of solid wood and uses natural colors as approved by the zoning administrator.

b.

Ten percent when the sign is installed in a landscaped planter having an area two times the area of the resultant sign.

c.

Five percent when the sign is not illuminated.

d.

Ten percent when the sign does not exceed a height of five feet.

2.

Attached signs may increase as follows, but only if the projection does not exceed 24 inches from the building or structure:

a.

Ten percent when all lettering and background are uniform in style and color for all attached signs in a structure serving more than one business.

b.

Five percent if the sign is not illuminated.

c.

Five percent if the sign design compliments and utilizes the architectural details of the facade of the structure.

J.

Comprehensive sign plan.

1.

Prior to erection of any sign, with the exception of temporary construction signs, noted herein, a comprehensive sign plan shall be submitted to the zoning administrator for review.

2.

The plan shall provide the location and size of all proposed sign or signs within the development as well as proposed colors, sizes, lighting, location, etc.

(Ord. of 3-18-1998)

A.

Single-family dwellings. The construction of detached single-family dwellings on individual lots or parcels within the highway corridor overlay district which are not located within a residential subdivision are exempt from this article. Also, construction of detached single-family dwellings on lots or parcels within a residential subdivision are exempt if the subdivision plat was legally recorded prior to adoption of this article.

B.

Agricultural structures. The construction of bona fide agricultural structures required for on-premises farming operations involving the cultivation of crops or the raising and keeping of livestock and the preparation of land for cultivation of crops are exempt.

(Ord. of 3-18-1998)

A.

Applicability. All development proposed in the highway corridor overlay district and other applicable projects shall submit a development plan to the zoning administrator for review.

B.

Minimum requirements for development plan review. All development plans submitted for review shall be complete according to the requirements of this article before being reviewed by the zoning administrator for conformance with all standards and guidelines of this article. No development plan submitted for review shall be considered until the minimum items of submission required by this article have been submitted in a format acceptable to the zoning administrator and the review fee as established by the board of supervisors has been paid.

C.

Content of development plan. A development plan submitted for review shall contain the following information, unless specifically waived by the zoning administrator due to the nature and scope of the proposed development:

1.

Surveyed property lines.

2.

Survey of existing topography and the location of trees and other vegetation meeting the preservation and/or protection provisions of this article.

3.

A site development plan or plans depicting the dimensions and location of all structures (including roof lines), all site improvements with distances and dimensions, and the bufferyard requirements of section 19-5.

4.

Photographs or drawings of neighboring uses and architectural styles.

5.

Location of bordering public or private streets or roads and existing, proposed, and/or approved access points.

6.

Comprehensive sign plan prepared pursuant to subsection 19-13.G.

7.

Location, dimensions, and layout of all areas to be used for pedestrian movement areas and vehicular movement and parking areas.

8.

Architect's or artist's rendering or photographs of all proposed structures or typical structures depicting the front, side and rear elevations including architectural treatment of all structural exteriors, including building materials and colors to be utilized.

9.

A landscaping plan prepared pursuant to section 19-11.

10.

Location and design of all proposed exterior site lighting within the proposed development.

11.

Location, size, and dimensions of all yards and setbacks.

12.

A time-line or schedule as to the project start date, completion date, and occupancy date.

(Ord. of 3-18-1998)

A.

A development plan meeting the requirements of section 19-15.C shall be reviewed and approved by the board of supervisors with a recommendation from the planning commission.

B.

The following procedures shall apply to a development plan submitted for review and approval by the board of supervisors and planning commission:

1.

A complete development plan shall be submitted to the zoning administrator not less than 21 days before the planning commission meeting at which the applicant wishes the plan to be considered.

2.

The planning commission will render a recommendation to the board of supervisors within 60 days on complete development plans of submittal by the zoning administrator.

3.

The board shall consider the development plans at its next regular meeting after the planning commission has provided a recommendation.

4.

Applicants shall be informed in writing of the outcome of the board of supervisors' and planning commission's respective reviews. The board of supervisors shall direct its determination and findings to the zoning administrator and the applicant in writing not more than ten business days after taking action.

(Ord. of 3-18-1998)

A.

Requests for variances from the requirements of section 19-9 (yard and height requirements) shall be made to the Brunswick County Board of Zoning Appeals pursuant to the procedures set forth in the Brunswick County Zoning Ordinance.

B.

Requests for exemptions, partial or total, from the requirements of article 19 other than section 19-9 (yard and height requirements) shall be granted if necessary and appropriate by the board of supervisors with a recommendation by the planning commission. If an exemption is granted, the board of supervisors with a recommendation from the planning commission may impose conditions which further the purpose and intent of this article.

(Ord. of 3-18-1998)