(1)

Overlay districts, as presented in this article, are created for the purpose of imposing special regulations in given designated areas of the county to accomplish stated purposes that are set forth for each overlay district. Overlay districts shall be in addition to, and shall overlap and overlay, all other zoning districts so that any parcel of land lying in an overlay district shall also lie in one or more of the other zoning districts provided for by this chapter. All regulations of the underlying zoning districts shall be applicable except as modified by the regulations imposed by the overlay districts.

(2)

Establishment and mapping of overlay districts. Overlay districts shall be established as set forth by this chapter in section 22-7 for the creation of zoning districts and in accordance with the provisions of state law. When so established, the boundaries of overlay districts shall be shown on the official zoning maps as provided in this chapter.

(Ord. of 6-20-00)

[The purpose and intent of this article is outlined below:]

(1)

It is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of obstructions that are hazards to air navigation be prevented;

(2)

The creation or establishment of an obstruction has the potential for being a public nuisance and may injure the area served by the airport;

(3)

Dinwiddie County derives economic development and enhanced interstate commerce from the Dinwiddie County Airport when such airport and its surrounding vicinity is held strictly to the highest possible safety standards; and

(4)

The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

(Ord. of 6-20-00)

As used in this article and article XII following, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

Administrator: The official charged with the enforcement of this chapter. He or she shall be the Dinwiddie County Director of Planning and/or his designee.

Airport: Dinwiddie County Airport.

Airport elevation: The highest point on any usable landing surface expressed in feet above mean sea level.

Approach surface: A surface, whose design standards are referenced in section 22-286 of this article, longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope set forth in section 22-287 of this article. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zones: The airspace zones as set forth in section 22-286.

Conical surface: A surface, whose design standards are referenced in section 22-286 of this article, extending and sloping horizontally and vertically from the periphery of the horizontal surface.

Hazard to air navigation: An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the commonwealth.

Height: For the purpose of determining the height limits in all zones set forth in section 22-287 of this article and shown on the zoning map, the datum shall be mean sea level (M.S.L.) elevation unless otherwise specified.

Horizontal surface: A horizontal plane, whose design standards are referenced in section 22-286 of this article, above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Nonconforming use: Any pre-existing structure or object of natural growth, which is inconsistent with the provisions of this article or any amendment to this article.

Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, set forth in section 22-287 of this article.

Permit: A document issued by Dinwiddie County allowing a person to begin an activity which may result in any structures or vegetation exceeding the height limitations provided for in this article.

Person: Any individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. The term includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Primary surface: A surface, whose design standards are referenced in section 22-286 of this article, longitudinally centered on a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway: A specified area on an airport prepared for landing and takeoff of aircraft.

Structure: Any object, including a mobile object, constructed or installed by any person, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations, towers, poles, and electric lines of overhead transmission routes, flag poles, and ship masts.

Transitional surfaces: Surfaces, whose design standards are referenced in section 22-286 of this article, which extend outward perpendicular to the runway centerline sloping from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

Vegetation: Any object of natural growth.

Zone: All areas provided for in section 22-286, generally described in three dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway centerline and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces found in section 22-287.

(Ord. of 6-20-00)

In order to carry out the provisions of this article and article XII following, there are hereby established certain zones which include all of the area and airspace of Dinwiddie County lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Dinwiddie County Airport. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in section 22-287 and section 22-288. 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:

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

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

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

Conical zone: A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

The source and the specific geometric design standards for these zones are to be found in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these design standards shall be kept on file with the department of planning for the County of Dinwiddie.

(Ord. of 6-20-00)

(1)

Except as otherwise provided in this article, in any zone created by this article no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any zone provided for in section 22-287.

(2)

The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these design standards shall be kept on file with the department of planning for the County of Dinwiddie.

(Ord. of 6-20-00)

Notwithstanding any other provision of this article or article XII following, and within the area below the horizontal limits of any zone established by this article, no use may be made of land or water in such a manner as to:

(1)

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

(2)

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

(3)

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

(4)

Impair visibility in the vicinity of the airport;

(5)

Create the potential for bird strike hazards; or

(6)

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

(Ord. of 6-20-00)

(1)

Except as provided in subsection (2) below and subsection 22-290(2) of this article, the regulations prescribed by this article and article XII following shall not require the removal, lowering, or other change or alteration of any structure or vegetation not conforming to the regulations as of the effective date of this article, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this article and article XII following shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this article and article XII following, and is diligently prosecuted.

(2)

Notwithstanding the provision of subsection (1) above, 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.

(Ord. of 6-20-00)

(1)

Except as provided in subsections (1), (2), and (3) of this section, no structure shall be erected or otherwise established in any zone created by this article or article XII following unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired and contain sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this article and article XII following. No permit for a structure inconsistent with this article and article XII shall be granted unless a variance has been approved as provided in subsection (4).

(2)

No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this article and article XII following or any amendments thereto other than with relief as provided for in subsection (4).

(3)

Whenever the administrator determines that a nonconforming structure has been abandoned or more than 50 percent destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this article or article XII following, except with the relief as provided for in subsection (4).

(4)

Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this article and article XII may apply for a variance from such regulations to the Dinwiddie County Board of Zoning Appeals. Such application shall be properly advertised and be reviewed and considered in a public hearing. Prior to being considered by the Dinwiddie County 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 article and article XII.

(5)

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and article XII 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 through the failure of the owner of the structure or with other reasonable cause by the Dinwiddie County 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 marking and lights.

(6)

Applications for permits and variances shall be made on forms available from the administrator, with such forms allowing for enough specific detail such that proper analysis can be given the request.

(Ord. of 6-20-00)

The administrator shall administer and enforce the regulations prescribed in this article and article XII. He or she shall be vested with the police power incumbent to carry out and effectuate this article, including the action of injunction, prosecution and other available means through the Dinwiddie County Circuit Court.

(Ord. of 6-20-00)

Any person aggrieved, or any officer, department, board, or bureau of Dinwiddie County affected by a decision of the administrator may appeal such decision to the Dinwiddie County Board of Zoning Appeals.

(Ord. of 6-20-00)

Any person aggrieved or any taxpayer adversely affected by any decision of the Dinwiddie County Board of Zoning Appeals may appeal to the Dinwiddie County Circuit Court.

(Ord. of 6-20-00)

Each violation of this article or article XII or of any regulation, order, or ruling promulgated under this article or article XII shall constitute a misdemeanor and be punishable by a fine of no more than $500.00. Each day on which a violation occurs shall constitute a separate offense.

(Ord. of 6-20-00)

Where there exists a conflict between any of the regulations or limitations prescribed in this article and article XII and any other regulations applicable to the same subject, where the conflict is with respect to the height of structures or vegetation and the use of land, or any other matter, the more stringent limitation or requirement shall govern.

(Ord. of 6-20-00)

Should any portion or provision of this article and article XII be held by any court to be unconstitutional or invalid, that decision shall not affect the validity of this article or article XII as a whole, or any part of the ordinance other that the part held to be unconstitutional or invalid.

(Ord. of 6-20-00)

(a)

Historic overlay districts are established for the purpose of promoting the general welfare, education, and recreational pleasure of the public, through the perpetuation of the character of those general areas or individual structures and premises which have been officially designated by the board of supervisors as having historic, architectural or cultural significance.

(b)

Historic overlay districts are also created to recognize, protect and preserve against destruction and/or encroachment upon the county's historic areas, buildings, monuments, or other sites of recognized architectural significance within Dinwiddie County.

(c)

Historic overlay districts are also intended to encourage compatible development in area of the county having historic or unique architectural value.

(Ord. of 8-15-06, § 1)

The following words, terms, and phrases, when used in this division, shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates otherwise:

Alteration means any change, modification or addition to the structure, materials, color, texture, or details of all or a part of the exterior of any building, structure, or site other than normal repair, maintenance, and landscaping.

Certificate of appropriateness means the approval statement issued by the architectural review board and signed by its secretary which certifies the appropriateness of a particular request for the construction, alteration, reconstruction, repair, restoration, or demolition of all or part of any building, structure.

Demolition means the dismantling or tearing down of all or part of any building or structure and all operations, including grading, incidental thereto.

Historic means that which pertains to periods of development, events, persons, and activities of importance in the history of the county, the commonwealth, and the United States of America.

New construction means any construction within an historic overlay district which is independent of an existing structure or an expansion of an existing structure.

Site means any parcel of unimproved property, a parking lot or a park within an historic overlay district.

(Ord. of 8-15-06, § 1)

(a)

Historic overlay districts shall be established in the same manner and by the same procedures set forth in section 22-5 of this chapter, unless such procedures are qualified by requirements of this section.

(b)

The boundaries of an historic overlay district shall in general be drawn to include all lands closely related to and bearing upon the character of the historic site, thus providing a landscape unit and affording transitional regulations needed to control potentially adverse environmental influences. Boundaries of each historic overlay district shall be shown on the zoning district map.

(c)

Applications for the creation of a historic overlay district may be made by resolution of the Dinwiddie County Board of Supervisors, the Dinwiddie County Planning Commission, or by application of all property owners within the proposed district. A property owner may request the board of supervisors to initiate an application for an historic overlay district, to include property not owned by the petitioner.

(d)

Application fees shall be paid in accordance with section 22-8 in order to defray the cost of application review.

(Ord. of 8-15-06, § 1)

Any area in which a structure or group of structures having an important historical, architectural or cultural interest is located, or an area adjacent to the sites of such structures may be designated an historic district in accordance with the procedures set out above if it meets one or more of the following criteria:

(a)

Is the site of an historic event which had a significant impact on county, state, or national history.

(b)

Contains qualities and/or artifacts which significantly contribute to present-day knowledge and understanding of lifestyles, activities, events or experiences of a previous era.

(c)

Contains buildings whose exterior design or features embody or exemplify the distinctive design characteristics if one or more historic eras, styles, materials, or construction method, or exemplify the work of an acknowledged master.

(d)

Associated with the lives of persons significant in the past.

(e)

The presence of special character or aesthetic interest or value caused by the development pattern of the area or by natural, landscaping, or topographical features of the area.

(f)

Contains one or more distinguished buildings with high architectural quality and historic interest.

(Ord. of 8-15-06, § 1)

(a)

Established. The Dinwiddie County Architectural Review Board (ARB) is hereby established.

(b)

Membership. The ARB shall consist of five voting members who shall be residents of Dinwiddie County and who shall have demonstrated a knowledge of and interest in the preservation of historical landmarks. Members shall be appointed by the board of supervisors for terms of four years. An appointment to fill a vacancy shall be only for the unexpired term. At least two members of the ARB shall have professional training or equivalent experience in architecture, history, architectural history, archaeology or planning.

(c)

Officers. The architectural review board shall elect annually from its own membership a chairman, vice-chairman, and secretary, who shall serve annual terms.

(d)

Responsibilities and duties. The architectural review board is authorized and directed to carry out the following powers and duties:

(1)

Shall hear and decide all applications for certificates of appropriateness of any new construction, alteration, reconstruction, repair, restoration, relocation, razing, or demolition of any building or structure within a historic overlay district.

(2)

May propose the establishment of additional historic overlay districts, and revisions to existing historic overlay districts.

(3)

May adopt architectural guidelines for any historic overlay district to assist the public and the ARB in planning for and reviewing applications for certificates of appropriateness. Such guidelines shall be advisory only and shall not replace the review required by this division.

(e)

Regular meetings; special meetings; quorum; rules of procedure.

(1)

The ARB shall establish a regular meeting schedule at the first regular meeting of each calendar year, except that at the discretion of the chair a regular meeting may be cancelled if there is no business pending before the board.

(2)

Special meetings may be called by the chairman. The secretary shall notify all members of the ARB, at least five days in advance of the special meeting, of the time and place of the meeting and the purpose thereof.

(3)

For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the board.

(4)

The ARB shall be authorized to adopt rules of procedure for the transaction of its business and the implementation of the purposes of this division. The rules of procedure shall not conflict with division.

(Ord. of 8-15-06, § 1)

No building or structure or exterior portion thereof, sign, or paving shall be constructed, altered, reconstructed, repaired, restored or demolished within any historic overlay district unless first approved by the ARB or, on appeal, the board of supervisors, as being architecturally compatible with the buildings, structures, sites, and general character of the historic overlay district.

(Ord. of 8-15-06, § 1)

(a)

Applications for certificates of appropriateness shall be submitted to the director of planning on forms supplied by the director. The director shall refer all applications to the ARB.

(b)

When the work to be performed in conformance with a certificate of appropriateness requires zoning approval or any other type of permit, no application for a certificate of appropriateness shall be acted on until such approval has been issued.

(c)

The ARB may request plans and specifications which show the proposed exterior architectural features of such building or structure, which shall include but shall not be limited to the design, arrangement, texture, materials and color proposed to be used in the construction, alteration, reconstruction, repair, restoration, or demolition of the building or structure and the type of windows, exterior doors, lights, signs, site improvements, and other exterior fixtures and appurtenances.

(d)

All approvals or disapprovals by the ARB shall include a statement of the reasons for such action. The ARB may approve the application, approve the application with conditions, or deny the application. In the case of denial, the ARB may make recommendations to the applicant.

(e)

A certificate of appropriateness shall be null and void 12 months after the date which it was issued unless such period the work authorized by the ARB is commenced, or an extension of time, not exceeding one year, is approved by the ARB for good cause shown.

(Ord. of 8-15-06, § 1)

(a)

General standards. The ARB shall issue a certificate of appropriateness for alterations that are compatible with a property and the historic overlay district of which it is a part. The ARB shall evaluate the significance of each property on a case-by-case basis. The historic character of each historic overlay district shall be the primary consideration of the ARB in reviewing proposed designs in the district. The ARB may adopt additional new construction standards for the review of certificates of appropriateness to supplement these standards.

(b)

Standards for rehabilitation of existing structure. The ARB shall issue a certificate of appropriateness for the rehabilitation of a property, if it determines that a proposed change is compatible with the property and with the historic overlay district of which it is a part. The historic design, features, materials, finishes and craftsmanship of a property shall be preserved whenever possible. Significant historic feature of a property shall be treated with care. The ARB may require that existing materials, decorative elements, and structural elements be repaired rather than replaced. The ARB may adopt additional new construction standards for the review of certificates of appropriateness to supplement these standards.

(c)

Standards for new construction. The ARB shall issue a certificate of appropriateness for new construction which it deems to be compatible with the design, landscaping, scale, materials, color, height, setback, and other pertinent features of the historic overlay district in which it is located. The ARB may adopt additional new construction standards for the review of certificates of appropriateness to supplement these standards.

(d)

Standards for demolition. The ARB shall issue a certificate of appropriateness for demolition of any building or structure within a historic overlay district only when the applicant can show there are no feasible alternatives. The demolition of any building deemed by the ARB to be not a part of the historic character of the district shall be permitted. The demolition of any building that has deteriorated beyond the point of being feasibly rehabilitated is permissible. The ARB may adopt additional new construction standards for the review of certificates of appropriateness to supplement these standards.

(e)

Standards for signage. The ARB shall issue a certificate of appropriateness for signage, the type, size, material, style, placement, lighting, and lettering of which is appropriate to the character of the property and the historic overlay district of which it is a part. The ARB may adopt additional new construction standards for the review of certificates of appropriateness to supplement these standards.

(Ord. of 8-15-06, § 1)

(a)

Any person aggrieved by a decision of the ARB may appeal such decision to the board of supervisors, provided that such appeal is filed in writing within 30 days of the date of notification of the ARB's decision. The board of supervisors may affirm, reverse, or modify the ARB's decision.

(b)

Any person aggrieved by a decision of the board of supervisors may appeal such decision to the circuit court of Dinwiddie County by filing a petition at law setting forth the alleged illegality of the action of the board of supervisors, provided the petition is filed within 30 days after the final decision is rendered by the board of supervisors. The filing of the petition shall stay the decision of the board of supervisors pending the outcome of the appeal to the circuit court, except that the filing of the petition shall not stay the decision of the board of supervisors if the decision denies the right to raze or demolish a historic landmark, building or structure. The court may affirm, reverse, or modify the decision of the board of supervisors, in whole or in part, if it finds upon review that the decision of the board of supervisors is contrary to law or that its decision is arbitrary and constitutes abuse of discretion.

(Ord. of 8-15-06, § 1)

(a)

In addition to the right of appeal set forth in section 22-306, the owner of a historic landmark, building, structure or improvement, the razing or demolition of which is subject to the restrictions of a historic overlay district shall, as a matter of right, be entitled to raze or demolish such a landmark, building, or structure provided that:

(1)

The owner has applied to the ARB and, if denied, to the board of supervisors;

(2)

The owner has, for the period of time set forth in the time schedule established in subsection (c) of this section and at a price reasonably related to its fair market value, made a bona fide offer to sell such landmark, building, or structure, and the land pertaining thereto, to the county or to any person, firm, corporation, government or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto; and

(3)

No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained in subsection (c) of this section.

(b)

Any appeal which may be taken to the court from the decision of the board of supervisors, whether instituted by the owner or by any other proper party, notwithstanding the sections of this division relating to a stay of the decision appealed from, shall not affect the right of the owner to make the bona fide offer to sell referred to in this section. No offer shall be made more than 12 months after a final decision by the board of supervisors, but thereafter the owner may renew the request to approve the razing or demolition of the historic landmark, building, or structure.

(c)

The time schedule for offers to sell shall be as follows:

(1)

Three months when the offering price is less than $25,000.00;

(2)

Four months when the offering price is $25,000.00 or more, but less than $40,000.00;

(3)

Five months when the offering price is $40,000.00 or more, but less than $55,000.00;

(4)

Six months when the offering price is $55,000.00 or more, but less than $75,000.00;

(5)

Seven months when the offering price is $75,000.00 or more, but less than $90,000.00; and

(6)

Twelve months when the offering price is $90,000.00 or more.

(Ord. of 8-15-06, § 1)

The purposes of the cluster subdivision provisions are to provide design flexibility, to make efficient use of topography, and to develop residential communities with significant permanent reservations of open space that preserve the look and feel of a rural area while utilizing economies of scale and compact design forms.

(Ord. of 2-16-10, § 1)

(a)

This article shall apply to all parcels within the Cluster Overlay District, as such area is defined on the official zoning maps of Dinwiddie County.

(b)

The provisions of the underlying zoning district shall apply to all matters not covered specifically by this article.

(c)

If the provisions of this article conflict with the provisions of the underlying zoning district, the provisions of this article shall apply.

(Ord. of 2-16-10, § 1)

Cluster subdivision shall have the same meaning as in section 18-3 herein.

Density shall mean the maximum lot yield for a cluster subdivision and shall be calculated as total developable acreage (less roads and utilities) divided by the minimum lot size of the underlying zoning district. Fractional units shall be rounded up to the next whole number.

Open space shall mean reserved open space, including recreational space, which shall be maintained under common ownership for the benefit of the residents of the cluster subdivision. Open space shall be arranged and designed so as to facilitate its use, ensure continuity of design, and preserve sensitive environmental features.

Recreational space shall mean an area of open space accessible to all residents of the cluster subdivision for one or more recreational uses. These uses typically require equipment and constructed facilities and shall include but not be limited to playgrounds, picnic and sitting areas, swimming pools, tennis courts, athletic fields, basketball courts, golf courses, boating docks, and equestrian facilities.

(Ord. of 2-16-10, § 1)

The minimum gross acreage for a cluster subdivision shall be as follows:

(Ord. of 2-16-10, § 1)

(a)

The maximum density for a cluster subdivision shall be as follows (shown in terms of lots per acre):

(b)

A density bonus of up to 30 percent may be awarded by the planning commission for cluster subdivisions in areas with underlying residential zoning if the planning commission finds that the character of the cluster subdivision and the amenities incorporated in the cluster subdivision warrant such an increase. Percentages of increase are to be applied individually and treated as additive, not compounded in accordance with the following schedule:

(Ord. of 2-16-10, § 1)

All lots created in cluster subdivisions must access an internal road system. No lot may directly access an existing public street.

(Ord. of 2-16-10, § 1)

There is no required minimum lot area per dwelling unit unless otherwise required by the health department, except that no lot size reduction below the minimum lot size required in the underlying zoning district shall be permitted for any lot(s) abutting the exterior boundary of the cluster subdivision and that adjoin the boundary of any lot(s) within an existing subdivision of record, however, the planning commission may reduce the minimum lot size required for these lot(s) as deemed appropriate to the size, scale, and market orientation of the existing subdivision lot(s) of record.

(Ord. of 2-16-10, § 1)

Where a cluster subdivision is adjacent to a parcel of land zoned agricultural, there shall be a 500-foot buffer surrounding the exterior boundary of the cluster subdivision adjacent to the parcel zoned agricultural. For purposes of this section, parcels located opposite a right-of-way shall be considered adjacent.

(Ord. of 2-16-10, § 1)

There is no minimum lot frontage or yard requirements, except as required by the health department and/or the Dinwiddie County Building Code, as amended.

(Ord. of 2-16-10, § 1)

(a)

The minimum building setback from external public streets shall be twice that which is required by the underlying zoning district.

(b)

The minimum setback from internal public streets shall be 35 feet from the centerline of the right-of-way.

(Ord. of 2-16-10, § 1)

Shared access arrangements shall be permitted provided that an easement and/or covenants establishing the right-of-way and maintenance responsibilities shall be recorded at such time as the lots are created and the existence of such easement and/or covenants shall be noted on the face of the final plat of the cluster subdivision.

(Ord. of 2-16-10, § 1)

(a)

The percentage of open space required of each cluster subdivision is as follows:

(b)

At least 75 percent of the open space shall be set aside as one contiguous parcel unless otherwise approved by the planning commission.

(c)

Open space shall incorporate all areas not included in lots or public street rights-of-way.

(d)

Open space shall be designed in such a manner to allow connectivity between existing open space on adjoining property(ies).

(e)

Open space must be held by a homeowners association except that, in its discretion, the planning commission may approve open space, not including recreational space, to be held by another agency.

(f)

Open space must be kept as open, unimproved space except that, in its discretion, the planning commission may approve open space, not including recreational space, to be used as farmland, pasture, devoted to historic preservation or other similar use.

(Ord. of 2-16-10, § 1)

(a)

At least five percent of the gross land area of the cluster subdivision, but not less than one acre, shall be set aside as recreational space. Recreational space shall be included as part of the open space and may be used to meet the open space percentage requirements.

(b)

Recreational space shall be suitable for recreation purposes and the development of recreational facilities that are appropriate to the size, scale, and market orientation of the cluster subdivision.

(c)

Recreation areas shall not abut the exterior boundary of the cluster subdivision unless entirely adjacent to a publicly-owned facility or community recreation facility of an adjoining residential development.

(d)

Except for parks and playgrounds, the planning commission may modify the recreational space in any manner deemed appropriate or necessary, other than reducing the area required to be set aside, for the purpose of ensuring that adequate recreation facilities are available to serve the cluster subdivision given its size, scale, and market orientation.

(e)

Adequate pedestrian and/or bicycle facilities shall be provided which fully interconnect the cluster subdivision and open space both internally and with existing, planned or desirable external pedestrian and bicycle facilities. The pedestrian and bicycle pathways may be used in meeting the minimum recreational space requirement but may not be used as the sole means of meeting the recreational space requirements of this chapter.

(Ord. of 2-16-10, § 1)

The Route 1, Route 460, and Courthouse Area entrance corridor overlay districts, which for the purposes of this division shall be referred to as "entrance corridor districts", are intended to protect and enhance the county's attractiveness to tourists.

(Ord. of 12-19-17, [A-17-5], § (1))

The entrance corridor districts are created for the purpose of providing special regulations in given designated areas of the county to accomplish stated purposes that are set forth for each entrance corridor district. The entrance corridor districts shall be in addition to, and shall overlap and overlay, all other zoning districts so that any parcel of land lying in an entrance corridor district shall also lie in one or more of the other zoning districts provided for in the zoning ordinance. All regulations of the underlying zoning districts shall be applicable except as modified by the regulations provided by the entrance corridor districts. The provisions applicable to entrance corridor districts shall apply to uses requiring site plan approval as set forth in zoning ordinance section. 22-276, Uses requiring site plan approval, and to an alteration of a building, structure, or sign which includes both modifications of existing and new buildings, structures, or signs within an entrance corridor district.

(Ord. of 12-19-17, [A-17-5], § (1))

(a)

The Route 1, Route 460, and Dinwiddie Courthouse area entrance corridor districts are created to conserve elements of the county's history, scenic beauty, and to preserve and protect corridors and areas along the Route 1, Route 460, and Dinwiddie Courthouse area entrance corridors which are arterial streets or highways (as designated pursuant to Title 33.2 of the Code of Virginia, 1950, as amended, including section 33.2-319 of that title) and are hereby found and designated by the board of supervisors to be significant routes of tourist access to the county.

(b)

Entrance corridor districts are hereby established to a depth of 500 feet from the centerline of Route 1, Route 460, and Route 703 for both sides of both routes along these corridor roads in Dinwiddie County which the board of supervisors finds and designates to be significant routes of tourist access to Dinwiddie County:

(1)

Route 1 from the City of Petersburg limits to Route 740 (Turkey Egg Road), which for the purposes of this division shall be referred to as the "Route 1 entrance corridor district".

(2)

Route 460 (Airport St. and Cox Road) from Route 1 to 300 feet west of the intersection of Route 631 (Claiborne Road) and Route 708 (Namozine Road), which for the purposes of this division shall be referred to as the "Route 460 entrance corridor district".

(3)

Route 1 from the intersection of Route 740 (Turkey Egg Road) south along Route 1 to Stoney Creek and to include a portion of Route 703 (Carson Road) east from the intersection of Route 1 and Route 703 (Carson Road) to 2,000 feet east of the I-85 interchange to include the southbound and northbound ramps at the I-85 interchange, which for the purposes of this division shall be referred to as the "Dinwiddie Courthouse area entrance corridor".

(Ord. of 12-19-17, [A-17-5], § (1))

(a)

The entrance corridor districts shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the entrance corridor districts shall serve as a supplement to the underlying district provisions.

(b)

The uses permitted in the entrance corridor districts, whether by right or as a conditional use by special exception, shall be as permitted in the applicable underlying district.

(c)

Where there is any conflict between the provisions or requirements of any of the entrance corridor districts and those of any underlying district, the more restrictive provisions shall apply.

(d)

In the event any provision concerning an entrance corridor district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the remaining provisions concerning the overlay district and the basic underlying district provisions shall remain applicable.

(Ord. of 12-19-17, [A-17-5], § (1))

(a)

There is hereby created a design review board, which for the purposes of this division shall be referred to as the "DRB", consisting of three members who shall be appointed by the board of supervisors and shall have the powers and duties set forth herein. All members shall be residents of the county and shall not serve on the planning commission while serving on the DRB. All shall have a demonstrated interest, competence or knowledge in architectural and/or site design and in the preservation of the natural, scenic and historic resources of the county.

(b)

DRB members shall be appointed for terms of two years and shall serve at the pleasure of the board of supervisors. DRB members may serve four successive terms. DRB members can be replaced at any time by the board of supervisors.

(c)

The DRB may, from time to time, recommend to the board of supervisors amendments to this division to provide such rules and regulations consistent with the County Code and the laws of the Commonwealth of Virginia as it may deem necessary to carry out the duties imposed by this division. The meetings of the DRB shall be open to the public and shall be subject to the provisions of the Virginia Freedom of Information Act, and may be held at the call of its chairman or at such times as a quorum of the DRB may determine. The DRB shall choose annually from among its regular members a chairman and vice chairman who shall act in the absence of the chairman. The DRB shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. All records of official actions shall become part of the permanent records of the DRB. A quorum shall be a majority of all the members (which includes the alternate if the alternate is serving in the place of a regular DRB member).

(d)

Members of the DRB shall receive such compensation as may be authorized by the board of supervisors, from time to time, by ordinance or resolution.

(e)

In addition to regular members appointed under this section, the board of supervisors shall appoint one alternate member to serve on the DRB. The qualifications, terms and compensation of the alternate member shall be the same as those of regular members. When a regular member knows he will be absent from or will have to abstain from any application at a meeting he shall notify the chairman of the DRB as soon as possible prior to the meeting of such fact. The alternate member may serve in the absent or abstaining member's place and the records of the DRB shall so note. Such alternate member may vote on any proceeding in which a regular member is absent or abstains.

(Ord. of 12-19-17, [A-17-5], § (1))

(a)

The DRB shall administer the provisions of division 4 of this article, in accordance with duties as set forth herein; and may recommend to the board of supervisors the promulgation of appropriate design standards for the entrance corridor districts established pursuant to this division as it believes appropriate to supplement the design standards set forth in this division. Such design standards may include but are not limited to architectural standards; building and parking setback standards; landscaping, fencing, signage and additional site design standards.

(b)

The DRB may, from time to time, recommend additional areas for designation as entrance corridor districts.

(c)

The DRB may be advisory to the planning commission and the board of supervisors in rezonings, conditional use permits, site development plans, subdivisions, variances and other matters within entrance corridor districts.

(d)

In order to allow for reasonable expansion of existing structures and to allow flexibility in the application of the design and development standards applicable to entrance corridor districts, the DRB may grant reasonable deviations from such standards if the site's topography, configuration, or other unique circumstances prevent full compliance with the requirements. In all such cases, the DRB may impose conditions that will accomplish the purpose of the requirements to the maximum extent practicable.

(Ord. of 12-19-17, [A-17-5], § (1))

(a)

General provisions.

(1)

Except as otherwise provided in this division, no building permit shall be issued for any building, structure, or sign to be located within the entrance corridor districts until the plans for such building, structure, or sign have been issued an overlay district certificate of approval, which for the purposes of this division shall be referred to as a "COA", as being in compliance with the design criteria established pursuant to this division; provided, that the provisions of this division shall not apply to the regular maintenance of buildings, structures, and signs in the entrance corridor districts (to include repair due to damage of not more than 50 percent of such buildings, structures, and signs caused by an accident; damage caused by an Act of God including a fire; replacement of windows and doors; painting or alteration of the exterior of the building and/or fascias so long as the color is allowed under the entrance corridor districts' standards). Notwithstanding any provision of this division to the contrary, residential and commercial property owners shall have the rights afforded to them by Section 15.2-2307(E) of the Code of Virginia, 1950, as amended.

(2)

For the purposes of this division, a structure shall also include, but not be limited to outbuildings, fences, building and site lighting fixtures.

(3)

Except as hereinafter provided, an application for issuance of a COA for buildings or structures, other than signs, shall include the following:

(i)

Architectural elevations (all sides) for the proposed improvements, drawn to scale;

(ii)

Site plan for the proposed improvements;

(iii)

Photographs, manufacture specifications, or samples of exterior building materials for the proposed improvements, including proposed colors;

(iv)

Reserved;

(v)

Lighting plan; and

(vi)

Landscaping plan.

(4)

Except as hereinafter provided, an application to the DRB for issuance of a COA for signs shall include the following:

(i)

Drawing of the proposed sign with dimensions;

(ii)

Materials for the sign, including supports, and the lighting method to be used;

(iii)

Style and size of the lettering; and

(iv)

Sketch or photograph showing the proposed location of the sign on the building or site.

(5)

Upon written request from the applicant, the planning director or his/her agent, may tentatively waive any of the above requirements deemed not to be necessary for review of the application.

(6)

Applications for COA's must be made on forms provided by the planning and zoning department, which for the purposes of this division shall be referred to as the "department". Complete applications must be submitted along with any required fee established by the board of supervisors; for any COA which is limited to a change in the exterior color or materials of an existing building, structure, or sign there is no fee. The department may require a revised application date when alterations or modifications are made to an application.

(b)

COA application approval process.

(1)

Three copies of the COA application shall be submitted to the department.

(2)

After consideration, the completeness of an application for forwarding the COA to the DRB, the department may either approve or deny the application for completeness within ten business working days from its receipt of the application.

(c)

Design review board approval process.

(1)

The DRB shall meet as needed to consider applications for COA's that have been referred by the department.

(2)

Four copies of the COA application shall be submitted to the department as follows:

(i)

Buildings or structures shall include all the required elements as set forth in section 22-346(a)(3).

(ii)

Sign applications shall include all the required elements as set forth in section 22-346(a)(4).

(3)

After consideration of an application for issuance of a COA, the DRB may at a public meeting either approve or deny the application or approve the application with conditions required for compliance with the applicable design criteria. The DRB shall vote on and announce its decision with respect to any application properly before it not later than 30 days after the conclusion of the public meeting on the application, unless the time is extended by mutual agreement between the DRB and the applicant.

(4)

All decisions of the DRB approving (with or without conditions) or denying an application for a COA shall be in writing, a copy of which shall be sent to the applicant and a copy filed with the department. For any denial, the decision shall state the reasons for the denial. The DRB may make suggestions that would assist the applicant in the resubmitting of an application.

(5)

Before issuing permits for any work which has been approved by the DRB, the Department shall require applicants to submit plans that accurately reflect any changes or conditions imposed by the DRB in its approval of projects.

(d)

Compliance with the COA.

(1)

All work performed pursuant to a COA shall conform to the approved plans and specifications and to any modifications required by the COA. In the event work is performed which is not in conformance with the COA, the department shall notify the responsible person or contractor in writing of the violation and shall take the necessary legal steps to ensure that the work is performed in conformance with the COA.

(2)

No change in the approved plans may be made without modification of the COA. Changes which are not substantially different from the approved plans may be approved administratively by the department. Material changes will be reviewed as a new application for a COA.

(Ord. of 12-19-17, [A-17-5], § (1))

(a)

No COA shall be required for any of the following:

(1)

Single-family residences used exclusively for residential purposes including tool houses, garages, and accessory buildings appurtenant thereto. This exclusion shall not apply to subdivision signs and entrance features such as gatehouses which are generally located at the main entrance into a subdivision;

(2)

Interior alterations to a building or structure having no effect on exterior appearance of the building or structure; or

(3)

General maintenance where no change in design or material is proposed.

(4)

Expansion of an existing building or structure which is no more than 100 percent of the area of such existing building or structure as of December 19, 2017.

(b)

For any COA which is limited to a change in the exterior color or materials of an existing structure, building or sign, the requirements of this division regarding the installation of landscaping materials shall not apply.

(Ord. of 12-19-17, [A-17-5], § (1))

(a)

The board of supervisors reserves unto itself the right to review all decisions of the DRB made pursuant to this division within 15 days of a decision by the DRB. No decision of the DRB shall confer any right on the applicant until any right of the board of supervisors to review the decision has been exhausted.

(b)

An applicant aggrieved by any decision of the DRB pursuant to this division may appeal the decision to the board of supervisors. Such appeal shall be made by filing a request in writing with the clerk of the board of supervisors within 30 days after the date of such decision. The board of supervisors may affirm, reverse or modify, in whole or in part, the decision of the DRB. In so doing, the board of supervisors shall give due consideration to the recommendations of the DRB together with such other evidence as it deems necessary for a proper review of the application.

(c)

An applicant aggrieved by any decision of the board of supervisors may appeal such decision to the Circuit Court of Dinwiddie County for review by filing a petition at law, setting forth the alleged illegality of the action of the board of supervisors, provided such petition is filed within 30 days after the date a final decision is rendered by the board of supervisors. The filing of a petition shall stay the decision of the board of supervisors pending the outcome of the appeal to the Circuit Court.

(Ord. of 12-19-17, [A-17-5], § (1))

(a)

The department, the DRB, and on appeal, the board of supervisors, shall find that any application to be approved complies with the following requirements:

(1)

The proposed external architectural features, represented by the general design and arrangement, texture, color, line, mass, dimension, material and lighting reflect desirable design for the applicable corridor overlay district.

(2)

The proposed structure, building or improvement is compatible with well-designed structures in the vicinity of the proposed structure.

(3)

The proposed freestanding buildings use the same or architecturally harmonious materials, color, texture and treatment for all exterior walls; and in the case of partially freestanding buildings, the same or architecturally harmonious materials, color, texture and treatment are used on all portions of all exterior walls.

(4)

The combination of architectural elements proposed for a structure, building or improvement, in terms of design, line, mass, dimension, color, material, texture, lighting, landscaping, roof line and height conform to accepted architectural principles for permanent buildings reflecting the character of the applicable corridor overlay district, as contrasted with engineering standards designed to satisfy safety requirements only.

(5)

The proposed structure, building or improvement, in terms of design, material, texture, color, lighting, landscaping, dimension, line, mass, roofline and height, is not designed to serve primarily as an advertisement or commercial display, and does not exhibit exterior characteristics likely to deteriorate rapidly, be of temporary or short term architectural or aesthetic acceptability, or otherwise constitute a reasonable foreseeable detriment to the attractiveness and stability of the applicable entrance corridor districts.

(6)

The proposed structure, building or sign complies with the entrance corridor districts' design and development standards which are set forth in this division.

(b)

The department, the DRB, and on appeal, the board of supervisors, shall not adopt or impose any specific architectural style in the administration of this division.

(Ord. of 12-19-17, [A-17-5], § (1))

The following development standards shall apply within the Route 1 and Route 460 entrance corridor districts:

(a)

Building façade materials.

(1)

Building materials. Commercial building walls visible from the Route 1 and Route 460 public rights-of-way (not to include the Dinwiddie Courthouse area entrance corridor district as defined see section 22-351) shall be primarily brick, stacked stone, stone or stone masonry units, horizontal wood clapboard, horizontal cementitious fiber board, exposed heavy timber, architectural/decorative concrete masonry units (CMU's), stucco, architectural/decorative vinyl, and/or architectural insulated panels.

Exterior insulation finishing systems (EIFS) may be used on facades not facing a public right-of-way or as a secondary building material only (less than 25% of the wall area) on primary frontage facades.

Glass shall be used primarily for doorways, windows, and accents, and the front façade design should include additional building materials and not just glass.

With the exception of brick, no one building material shall dominate the portion of the building as can be seen from the public right-of-way.

No concrete block, aluminum, plywood, or metal siding shall be allowed.

(2)

Balance of wall materials. When two or more materials are used on building walls, the perceived heavier material shall be placed below the lighter material (e.g., siding over brick).

(3)

Material colors. Façade colors shall be of low reflectance white, earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. Neon banding/tubing is not allowed. The use of high-intensity, metallic, fluorescent, day glow, or neon colors shall be prohibited.

(4)

Monotonous building facades. Buildings facing the street with facades longer than 50 linear feet shall provide varying roof heights (parapets may be utilized), building façade setbacks, and other architectural features to create breaks in the building façade.

(b)

Rooftop equipment screening. All rooftop equipment shall be screened from view from the public right-of-way. If, due to the topography of the site, a physical screen would not suffice, alternative methods to minimize the negative aesthetics of the equipment (e.g., painting the equipment to match the building) may be approved by the DRB. Equipment not screened by a principal building shall be screened by a visually solid parapet wall or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building.

(c)

Other equipment screening. All mechanical, electrical, heating, ventilation and air conditioning equipment, all loading docks and all solid waste collection or handling facilities shall be screened by one or more of the following:

(1)

Architectural elements of a building.

(2)

Screening using the same materials used for buildings located on the parcel or other compatible materials approved by the DRB.

(d)

Roof treatment.

(1)

Roof type is flexible. Flat roofs are discouraged where practical.

(2)

If the building facing the public right-of-way is longer than 50 linear feet then the building shall require varying roof heights and other architectural features to disrupt the monotony of the facade.

(e)

Exterior lighting. All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and inward and into the interior of the property and away from adjacent roads and adjacent properties. No light pole and fixture shall be more than 30 feet in height. The use of L.E.D. lighting is encouraged.

(f)

Fuel pump canopies.

(1)

Fuel pump canopies may be required to provide customers with protection from the elements and to provide lighting levels required for dispensing fuel. Such fuel pump canopies are functional elements of present-day gas/convenience stores and their character and appearance shall reflect a minimalist design consistent with that function.

(2)

The size of the canopy fascia and canopy support columns shall be in proportion to the overall size of the canopy structure. The fascia shall not exceed 36 inches in height, including any accent bands.

(3)

Canopy fascias and canopy signage shall not incorporate neon banding/tubing.

(4)

The lighting of fuel pump canopies shall be of the lowest level that will provide safe dispensing of fuel.

(5)

All canopy lighting shall be flush-mounted and shielded, downward directed, and shall not emit light above the horizontal plane.

(6)

Canopy related elements, including support columns, spandrels, planters, etc. shall be compatible with the character of the building and site and shall not be used for advertising.

(7)

The architectural elements of a building should not be altered to reflect trademark canopy design.

(8)

Colors, materials, forms, and detailing may be used to coordinate canopies with a site, its building(s), and structures. Colors should be subdued and cannot be the advertisement for the business.

(g)

Signs. Signs should be compatible with the architectural style and the proportions of the associated buildings, site and local character of the area. The maximum permitted height of any freestanding sign shall be the higher of (i) ten feet above ground elevation or (ii) ten feet above street level of the highest public road that is within 100 feet of the sign. Unless the practicalities of topography of the site dictate otherwise, free-standing signs shall be ground-mounted/monument style only. Building-mounted signs shall utilize a color and design that is complementary to the principal building. Neon tubing shall not be used on any portion of a freestanding or building/wall mounted sign. The base of a ground-mounted/ monument sign shall be brick, stone or other material that matches the predominant material used on the principal building.

(h)

Site fencing. Fencing in front yards abutting public rights-of-way may not exceed a maximum height of four feet. Fence material fronting the roadway shall not be of chain-link construction. Approved chain-link fence types may be incorporated if they are not located in the front yard(s).

(i)

Site access.

(1)

Out parcel access. There shall be no direct access onto adjacent public roadways for those out parcels which are a part of a larger development site or shopping center.

(2)

Bay doors. Uses that incorporate bay doors (garages or other similar uses including loading/unloading facilities) shall orient the doors so that they do not face Route 1 or Route 460.

(3)

Pedestrian access. Pedestrian access is required to walk within sites with more than one building or use. Sidewalks shall be incorporated along Route 1 and are to be incorporated within the streetscape buffer where feasible.

(Ord. of 12-19-17, [A-17-5], § (1))

The following development standards shall apply within the Dinwiddie Courthouse area entrance corridor district:

(a)

Building façade materials.

(1)

Building materials. Commercial building walls visible from the Route 1, Route 703, and the I-85 and Route 703 interchange ramps public rights-of-way shall be brick, horizontal wood clapboard, and/or horizontal concrete siding (i.e., hardie plank). Stucco may be utilized as a building accent only and not as the primary building material and the use of stucco is subject to review by the DRB.

Exterior insulation finishing systems (EIFS) may be used on facades not facing a public right-of-way.

Glass shall be used primarily for doorways, windows, and accents, and the front façade design should include additional building materials and not just glass.

With the exception of brick, no one building material shall dominate the portion of the building as can be seen from the public right-of-way.

No concrete block, vinyl, aluminum, plywood, or metal siding shall be allowed.

(2)

Balance of wall materials. Then two or more materials are used on building walls, the perceived heavier material shall be placed below the lighter material (e.g., siding over brick).

(3)

Material colors. Façade colors shall be of low reflectance white, earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. Neon banding/tubing is not allowed. The use of high-intensity, metallic, fluorescent, day glow, or neon colors shall be prohibited.

(4)

Monotonous building façades. Buildings facing the street with facades longer than 50 linear feet shall provide varying roof heights (parapets may be utilized), building façade setbacks, and other architectural features to create breaks in the building façade.

(b)

Rooftop equipment screening. All rooftop equipment shall be screened from view from the public right-of-way. If, due to the topography of the site, a physical screen would not suffice, alternative methods to minimize the negative aesthetics of the equipment (e.g., painting the equipment to match the building) may be approved by the DRB. Equipment not screened by a principal building shall be screened by a visually solid parapet wall or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building.

(c)

Other equipment screening. All mechanical, electrical, heating, ventilation and air conditioning equipment, all loading docks and all solid waste collection or handling facilities shall be screened by one or more of the following:

(1)

Architectural elements of a building.

(2)

Screening using the same materials used for buildings located on the parcel or other compatible materials approved by the DRB.

(d)

Roof treatment.

(1)

Roof type is flexible. Flat roofs are discouraged where practical. In the Dinwiddie Courthouse area entrance corridor district, with the exception of flat roofs, only slate, cedar shake, standing-seam metal, dimensional fiberglass shingles or a material approved by the DRB are allowed.

(2)

If the building facing the public right-of-way is longer than 50 linear feet then the building shall require varying roof heights and other architectural features to disrupt the monotony of the facade.

(e)

Exterior lighting. All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and inward and into the interior of the property and away from adjacent roads and adjacent properties. No light pole and fixture shall be more than 30 feet in height. The use of L.E.D. lighting is encouraged.

(f)

Fuel pump canopies.

(1)

Fuel pump canopies may be required to provide customers with protection from the elements and to provide lighting levels required for dispensing fuel. Such fuel pump canopies are functional elements of present-day gas/convenience stores and their character and appearance shall reflect a minimalist design consistent with that function.

(2)

The size of the canopy fascia and canopy support columns shall be in proportion to the overall size of the canopy structure. The fascia shall not exceed 36 inches in height, including any accent bands.

(3)

Canopy fascias and canopy signage shall not be illuminated.

(4)

Canopy fascias and canopy signage shall not incorporate neon banding/tubing.

(5)

The lighting of fuel pump canopies shall be of the lowest level that will provide safe dispensing of fuel.

(6)

All canopy lighting shall be flush-mounted and shielded, downward directed, and shall not emit light above the horizontal plane.

(7)

Canopy related elements, including support columns, spandrels, planters, etc. shall be compatible with the character of the building and site and shall not be used for advertising.

(8)

The architectural elements of a building should not be altered to reflect trademark canopy design.

(9)

Colors, materials, forms, and detailing may be used to coordinate canopies with a site, its building(s), and structures. Colors should be subdued and cannot be the advertisement for the business. In the Dinwiddie Courthouse area entrance corridor district, red, blue, yellow, and other bright colors shall not be used.

(g)

Signs. Signs should be compatible with the architectural style and the proportions of the associated buildings, site and local character of the area. The maximum permitted height of any freestanding sign shall be the higher of (i) ten feet above ground elevation or (ii) ten feet above street level of the highest public road that is within 100 feet of the sign. Unless the practicalities of topography of the site dictate otherwise, free-standing signs shall be ground-mounted/monument style only. Building-mounted signs shall utilize a color and design that is complementary to the principal building. Neon tubing shall not be used on any portion of a freestanding or building/wall mounted sign. In the Dinwiddie Courthouse area, no sign shall be internally lit with the exception of signage located within 0.25 mile of the I-85 and Carson Road interchange. The base of a ground-mounted/ monument sign shall be brick, stone or other material that matches the predominant material used on the principal building.

(h)

Site fencing. Fencing in front yards abutting public rights-of-way may not exceed a maximum height of four feet. Fence material fronting the roadway shall not be of chain-link construction. Approved chain-link fence types may be incorporated if they are not located in the front yard(s).

(i)

Site access.

(1)

Out parcel access. There shall be no direct access onto adjacent public roadways for those out parcels which are a part of a larger development site or shopping center.

(2)

Bay doors. Uses that incorporate bay doors (garages or other similar uses including loading/unloading facilities) shall orient the doors so that they do not face Route 1 or Route 703.

(3)

Pedestrian access. Pedestrian access is required to walk within sites with more than one building or use. Sidewalks shall be incorporated along Route 1 and are to be incorporated within the streetscape buffer where feasible.

(Ord. of 12-19-17, [A-17-5], § (1))