Agricultural, limited, district A-1 covers the unincorporated portions of the county which are occupied by various open uses, such as forests, parks, farms, lakes or mountains. This district is established for the specific purpose of facilitating existing and future farming operations, conservation of water and other natural resources, reducing soil erosion, protecting watersheds and reducing hazards from flood and fire. Uses not consistent with the existing character of this district are not permitted.

(Code 1970, § 17-10; Ord. of 4-20-88)

In agricultural, limited, district A-1, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwelling; except:

a.

Travel trailers; and

b.

Manufactured or mobile homes that do not have a permanent foundation or are not on an individual lot.

(2)

General farming.

(3)

Agriculture.

(4)

Livestock, dairy and poultry facilities, subject to the requirements of article VIII of this chapter.

(5)

Forestry.

(6)

Schools.

(7)

Churches.

(8)

Parks and playgrounds.

(9)

Preserves and conservation areas.

(10)

Lodges.

(11)

Hunting clubs.

(12)

Yacht clubs.

(13)

Sawmills.

(14)

Small boat docks (with repair).

(15)

Cemeteries.

(16)

Home occupation type II.

(17)

Public utility booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewerage installations.

(18)

Off-street parking as required by this chapter.

(19)

Accessory uses as defined; no accessory use may be closer than 15 feet to any property line.

(20)

Signs as permitted by Article VII of Chapter 22 of the Dinwiddie County Code.

(21)

Reserved.

(22)

Reserved.

(23)

Reserved.

(23)

Reserved.

(24)

Governmental offices, with a conditional use permit.

(25)

Veterinary hospital, with a conditional use permit.

(26)

Communication tower with station, with a conditional use permit.

(27)

The keeping of companion birds outdoors, subject to the requirements of section 22-244.

(28)

County-owned solid waste disposal facility with a conditional use permit.

(29)

County-owned and operated animal control facility.

(30)

Farm operation manufactured home subject to the requirements of section 22-26.

(31)

Group home, small.

(32)

Outdoor recreation facility, with a conditional use permit.

(33)

Agritourism activities in connection with a conforming agricultural use, subject to the provisions of Article VIII, Division 2 herein.

(34)

Group home, large, with a conditional use permit, subject to the provisions of section 22-245.2 herein.

(Code 1970, § 17-11; Ord. of 3-16-83; Ord. of 6-15-83; Ord. of 1-18-84; Ord. of 1-16-85; Ord. of 4-20-88; Ord. of 11-4-92; Ord. of 1-5-94; Ord. of 3-1-95; Ord. of 9-20-95; Ord. of 1-2-02; Ord. of 7-17-07, § 1; Ord. of 8-19-08, § 1; Ord. of 10-20-09, § 1; Ord. of 11-16-10, § 1; Ord. of 12-20-11, § 1; Ord. of 9-15-15 [A-15-5], § (1); Ord. of 12-19-17 [A-17-4], § (1))

The minimum lot area for permitted uses in agricultural, limited, district A-1 shall be three acres or more. Any lot recorded prior to July 1, 1988, with a preexisting site, to include water and septic facilities, upon which manufactured housing existed, may waive the lot size requirements for replacement manufactured housing for said site only, provided that the current setback requirements are met.

(Code 1970, § 17-12; Ord. of 4-20-88; Ord. of 9-20-89)

(1)

The maximum number of new lots that may be created from a parent parcel shall not be exceeded except as specifically qualified elsewhere.

(2)

The maximum number of new lots shall be based on a sliding scale density whereby the number of new lots created from a parcel is determined by the size in acres of the parent parcel as of May 21, 2019.

(3)

The parent parcel is counted in the number of lots permitted.

(4)

A division of land into parcels where such division is for the sale or gift to a member of the immediate family of the property owner are exempted from the maximum density requirements. In the event a family member shall convey ownership of their property to someone other than an immediate family member, then no further divisions will be exempted from the maximum density requirements.

(5)

The sliding scale density for the A-1 district is shown as follows:

(Ord. of 5-21-19 [A-19-3], § (1))

Structures in agricultural, limited, district A-1 shall be located 105 feet or more from the centerline of any street right-of-way, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line".

(Code 1970, § 17-13; Ord. of 4-20-88; Ord. of 10-21-08, § 1; Ord. of 12-19-17 [A-17-4], § (1))

The minimum frontage of permitted uses in agricultural, limited, district A-1 shall be 400 feet, at the building setback line.

(Code 1970, § 17-14; Ord. of 12-18-85; Ord. of 4-20-88; Ord. of 5-21-19 [A-19-3], § (1))

In agricultural, limited, district A-1, the yard regulations shall be as follows:

(1)

Side yards. The minimum side yard for each main structure shall be 35 feet and the total width of the two required side yards shall be 70 feet or more.

(2)

Rear yards. Each main structure shall have a rear yard of 75 feet or more.

(Code 1970, § 17-15; Ord. of 4-20-88)

In agricultural, limited, district A-1, the following provisions shall apply to corner lots:

(1)

Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

(2)

The minimum side yard on the side facing the side street shall be 75 feet or more for both main and accessory buildings.

(Code 1970, § 17-16; Ord. of 4-20-88)

The following manufactured and mobile homes shall be permitted within the agricultural district A-1, provided that such homes have a permanent foundation and are on an individual lot:

(1)

Those manufactured and mobile homes built since June 15, 1976, and constructed in accordance with regulations promulgated by the Department of Housing and Urban Development under the Federal Manufactured Housing Construction and Safety Standards Act and bearing the appropriate seals and labels to certify compliance.

(2)

Those manufactured and mobile homes built prior to June 15, 1976 that:

a.

The owner can prove compliance with federal standards with either an appropriate federal or state seal, or by a certified engineering report; and

b.

Code officer inspects and approves the structure as not having any serious defect that causes the structure to fail to comply with applicable federal manufactured home construction and safety standards that renders the home not fit for ordinary use or any imminent safety hazards that present an imminent and unreasonable risk of death or injury.

(Ord. of 7-17-07, § 1)

No manufactured or mobile home shall be used for any purpose other than a residence including, without limitation, storage purposes.

(Ord. of 7-17-07, § 1)

Generally, agricultural, general, district A-2 covers the portion of the county into which urban-type development could logically expand as the need occurs. As a general rule it surrounds residential sections. This district is established for the specific purposes of:

(1)

Providing for the orderly expansion of urban development into territory surrounding incorporated areas within or adjacent to the county;

(2)

Confining such development to such locations as can feasibly be supplied urban-type facilities; and

(3)

Discouraging the random scattering of residential, commercial and industrial uses into the area.

(Code 1970, § 17-17; Ord. of 4-20-88)

In agricultural, general, district A-2, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwellings except:

a.

Travel trailers; and

b.

Manufactured or mobile homes that do not have a permanent foundation or are not on an individual lot.

(2)

Agriculture.

(3)

Livestock, dairy and poultry facilities, subject to the requirements of article VIII of this chapter.

(4)

General farming.

(5)

Schools.

(6)

Parks and playgrounds, including interpretive and visitor structures or buildings and the required parking per section 22-237.

(7)

Churches.

(8)

Professional offices (within occupant's dwelling).

(9)

Gift shops.

(10)

Antique shops.

(11)

General stores as defined.

(12)

Beauty shops.

(13)

Barbershops.

(14)

Motels, with a conditional use permit.

(15)

Sawmills.

(16)

Planing mills.

(17)

Airports, with a conditional use permit.

(18)

Forestry.

(19)

Small boat docks (with repair).

(20)

Preserves and conservation areas.

(21)

Lodges.

(22)

Hunting clubs.

(23)

Yacht clubs.

(24)

Cemeteries.

(25)

Home occupation type II.

(26)

Manufactured home park with a conditional use permit in accordance with the special conditions and provisions contained in section 22-238.

(27)

Public utility booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewerage installations.

(28)

Off-street parking as required by this chapter.

(29)

Accessory uses as defined, however, garages or other accessory structures, such as carports, porches and stoops, attached to the main building shall be considered part of the main building. No accessory building may be closer than 15 feet to any property line.

(30)

Business signs.

(31)

Church bulletin boards and identification signs.

(32)

Directional signs.

(33)

Laydown yard and hauling, with a conditional use permit.

(34)

Location signs.

(35)

The keeping of companion birds outdoors, subject to the requirements of section 22-244.

(36)

Kennel, private.

Kennel, commercial with conditional use permit.

(37)

Nursing homes and homes for the aged, with conditional use permits.

(38)

Sand and gravel operations, with a conditional use permit.

(39)

Asphalt mixing plant, when located at an existing stone quarry site, with a conditional use permit.

(40)

Concrete/cement mixing plant, when located at an existing stone quarry site, with a conditional use permit.

(41)

Storage of seasonal equipment (storage under cover), with a conditional use permit.

(42)

Motor sports complex, with a conditional use permit.

(43)

Governmental offices, with a conditional use permit.

(44)

Veterinary hospital, with a conditional use permit.

(45)

Communication tower with station, with a conditional use permit.

(46)

Repair of agricultural and heavy equipment, when screened from view, with a conditional use permit.

(47)

Agriculturally oriented ethanol plant, with a conditional use permit.

(48)

Farm operation manufactured home subject to section 22-26.

(49)

Open pit mining for minerals or mineral sands (not to include a stone or granite quarry), with a conditional use permit.

(50)

Campgrounds, with a conditional use permit.

(51)

Automotive and/or vehicular body and fender work, painting and upholstering, with a conditional use permit.

(52)

Automobile and/or vehicular sales and services, screened from view and 200 feet from state and road right-of-way, with a conditional use permit.

(53)

Day care centers.

(54)

Borrow area, with a conditional use permit.

(55)

Manufactured housing, for office use only, for mining companies.

(56)

Nursery and landscaping services.

(57)

Computer software development firms, to exclude the manufacturing of such software, screened from view and 200 feet from the state road right-of-way.

(58)

Storage of explosives, with a conditional use permit.

(59)

Propane bulk storage facility, with a conditional use permit.

(60)

Cabinet shops not exceeding a combined area of 5,000 square feet for workshop and storage space.

(61)

Educational retreat center, with a conditional use permit.

(62)

Bed and breakfast, with a conditional use permit.

(63)

Guest house.

(64)

In-law suite.

(65)

Cemetery, pet (limited) with a conditional use permit.

(66)

Group home, small.

(67)

Family day care.

(68)

Family day care, large.

(69)

Truck/tractor hauling and Port-O-John toilet rental with a conditional use permit.

(70)

Outdoor recreation facility, with a conditional use permit.

(71)

Agritourism activities in connection with a conforming agricultural use, subject to the provisions of Article VIII, Division 2 herein.

(72)

Group home, large, with a conditional use permit, subject to the provisions of section 22-245.2 herein.

(73)

Flea market, a maximum of two days within any two-month period.

(74)

Flea market, more than two days within any two-month period, with a conditional use permit.

(75)

Event facility, with a conditional use permit.

(Code 1970, § 17-18; Ord. of 8-15-79; Ord. of 3-16-83; Ord. of 6-15-83; Ords. (2) of 1-18-84; Ord. of 7-18-84; Ord. of 1-16-85; Ord. of 9-17-86; Ord. of 1-21-87; Ord. of 3-16-88; Ords. of 3-16-88; Ords. (2) of 4-20-88; Ord. of 5-18-88; Ord. of 6-15-88; Ord. of 9-20-89; Ord. of 6-19-91; Ord. of 12-18-91; Ord. of 12-2-92; Ord. of 3-3-93; Ord. of 6-2-93; Ord. of 1-5-94; Ord. of 8-3-94; Ord. of 3-1-95; Ord. of 5-3-95; Ord. of 9-20-95; Ord. of 9-4-96; Ord. of 4-1-98; Ord. of 6-2-99; Ords. (2) of 1-2-02; Ord. of 7-3-02; Ord. of 6-1-04; Ord. of 6-7-05; Ord. of 9-6-05; Ord. of 7-17-07, § 1; Ord. of 8-19-08, § 1; Ord. of 10-20-09, § 1; Ord. of 11-16-10, § 1; Ord. of 12-21-10, § 1; Ord. of 12-20-11, § 1; Ord. of 9-15-15 [A-15-5], § (1); Ord. of 12-19-17 [A-17-4], § (1); Ord. of 7-16-19 [A-19-5], § (1); Ord. of 8-17-21(5) [A-21-7], § (1))

The minimum lot area for permitted uses in agricultural district A-2 shall be three acres or more. Any lot recorded prior to July 1, 1988, with a preexisting site, to include water and septic facilities, upon which manufactured housing previously existed, may waive the lot size requirements for replacement manufactured housing for said site only, provided that the current setback requirements are met.

(Code 1970, § 17-19; Ord. of 4-20-88; Ord. of 9-20-89)

(1)

The maximum number of new lots that may be created from a parent parcel shall not be exceeded except as specifically qualified elsewhere.

(2)

The maximum number of new lots shall be based on a sliding scale density whereby the number of new lots created from a parcel is determined by the size in acres of the parent parcel as of May 21, 2019.

(3)

The parent parcel is counted in the number of lots permitted.

(4)

A division of land into parcels where such division is for the sale or gift to a member of the immediate family of the property owner are exempted from the maximum density requirements. In the event a family member shall convey ownership of their property to someone other than an immediate family member, then no further divisions will be exempted from the maximum density requirements.

(5)

The sliding scale density for the A-2 district is shown as follows:

(Ord. of 5-21-19 [A-19-4], § (1))

Structures in agricultural, general, district A-2 shall be located 105 feet or more from the centerline of any street right-of-way, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line".

(Code 1970, § 17-20; Ord. of 4-20-88; Ord. of 10-21-08, § 1; Ord. of 12-19-17 [A-17-4], § (1))

The minimum frontage of permitted uses in agricultural, general, district A-2 shall be 400 feet, at the building setback line.

(Code 1970, § 17-21; Ord. of 12-18-85; Ord. of 4-20-88; Ord. of 5-21-19 [A-19-4], § (1))

In agricultural district A-2, the yard regulations shall be as follows:

(1)

Side yards. The minimum side yard for each main structure shall be 35 feet and the total width of the two required side yards shall be 70 feet or more.

(2)

Rear yards. Each main structure shall have a rear yard of 75 feet or more.

(Code 1970, § 17-22; Ord. of 4-20-88)

Buildings in agricultural district A-2 may be erected up to 35 feet in height, except that:

(1)

The height limit for dwellings may be increased up to 45 feet and up to three stories; provided, that there are two side yards for each permitted use, each of which is 35 feet or more plus two feet or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building, such as school, church, library or general hospital, may be erected to a height of 60 feet from grade; provided that required front, side and rear yards shall be increased two feet for each foot in height over 35 feet.

(3)

Communication towers, church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(Code 1970, § 17-23; Ord. of 4-20-88; Ord. of 3-20-96)

In agricultural district A-2, the following provisions shall apply to corner lots;

(1)

Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting the streets.

(2)

The minimum side yard on the side facing the side street shall be 75 feet or more for both the main and the accessory building.

(Code 1970, § 17-24; Ord. of 4-20-88)

Editor's note— An ordinance enacted Jan. 5, 1994, repealed § 22-78, which pertained to setting conditions for manufactured homes and mobile homes subject to conditional use permits and derived from ordinances enacted Sept. 17, 1986; Jan. 21, 1987; Apr. 20, 1988; and June 2, 1993.

Editor's note— An ordinance enacted Jan. 5, 1994, repealed § 22-79, which pertained to issuance of permits of manufactured homes and derived from ordinances adopted Sept. 17, 1986; Apr. 20, 1988; and June 2, 1993.

The following manufactured and mobile homes shall be permitted within the agricultural district A-2, provided that such homes have a permanent foundation and are on an individual lot:

(1)

Those manufactured and mobile homes built since June 15, 1976, and constructed in accordance with regulations promulgated by the Department of Housing and Urban Development under the Federal Manufactured Housing Construction and Safety Standards Act and bearing the appropriate seals and labels to certify compliance.

(2)

Those manufactured and mobile homes built prior to June 15, 1976 that:

a.

The owner can prove compliance with federal standards with either an appropriate federal or state seal, or by a certified engineering report; and

b.

Code officer inspects and approves the structure as not having any serious defect that causes the structure to fail to comply with applicable federal manufactured home construction and safety standards that renders the home not fit for ordinary use or any imminent safety hazards that present an imminent and unreasonable risk of death or injury.

(Ord. of 7-17-07, § 1)

No manufactured or mobile home shall be used for any purpose other than a residence including, without limitation, storage purposes.

(Ord. of 7-17-07, § 1)

Generally, residential, conservative, district R-R covers the territory immediately adjacent to public bodies of water which may be used for recreational purposes. This district is established for the purposes of:

(1)

Providing for the orderly development of this area for recreational and inhabited purposes;

(2)

Providing for the orderly development of public and semipublic recreational areas adjacent to the shoreline; and

(3)

Discouraging the use of business establishments, except those directly concerning water recreation.

(Code 1970, § 17-25; Ord. of 4-20-88; Ord. of 6-2-93)

In residential, conservative, district R-R, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwellings, except mobile homes, travel trailers and manufactured homes.

(2)

Public and semipublic uses are limited to churches, playgrounds, schools, picnic grounds and parks with a conditional use permit.

(3)

Professional offices, such as medical, dental, legal, engineering and architectural offices conducted within the dwelling by the occupant.

(4)

Home occupation type II.

(5)

Event facility, with a conditional use permit.

(6)

Keeping of chickens, subject to the requirements of section 22-244.1.

(7)

Horse raising.

(8)

The keeping of companion birds outdoors, subject to the requirements of section 22-244.

(9)

Public utility booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities for the provision and maintenance of public utilities, including water and sewerage installations.

(10)

Off-street parking as required by this chapter.

(11)

Accessory uses as defined, however, garages or other accessory structures, such as carports, porches and stoops, attached to the main building shall be considered part of the main building.

(12)

No accessory building may be closer than 15 feet to any property line.

(13)

Public boat ramps, and related sale of food, boats and related equipment, etc., and minor boat and motor repairs with a conditional use permit.

(14)

Governmental offices, with a conditional use permit.

(15)

Veterinary hospitals, with a conditional use permit.

(16)

Communication tower with station, with a conditional use permit.

(17)

Bed and breakfast establishments, with a conditional use permit.

(18)

Guest house.

(19)

In-law suite.

(20)

Group home, small.

(21)

Family day care.

(22)

Kennel, private with conditional use permit.

(23)

Family day care, large.

(24)

Concession stand, lake boat, with a conditional use permit.

(25)

Agritourism activities in connection with a legal nonconforming agricultural use existing as of November 16, 2010, subject to the provisions of Article VIII, Division 2 herein.

(26)

Group home, large, with a conditional use permit, subject to the provisions of section 22-245.2 herein.

(27)

Signs as permitted under Article VII of Chapter 22 of the Dinwiddie County Code.

(Code 1970, § 17-26; Ord. of 3-16-83; Ord. of 6-15-83; Ord. of 1-18-84; Ord. of 1-21-87; Ord. of 4-20-88; Ord. of 11-1-89; Ord. of 4-1-92; Ord. of 1-5-94; Ord. of 7-1-98; Ord. of 6-2-99; Ord. of 1-2-02; Ord. of 7-3-02; Ord. of 6-1-04; Ord. of 1-4-05; Ord. of 10-20-09, § 1; Ord. of 11-16-10, § 1; Ord. of 12-20-11, § 1; Ord. of 9-15-15 [A-15-5], § (1); Ord. of 12-19-17 [A-17-4], § (1); Ord. of 9-17-19(2) [A-19-6], § (1); Ord. of 8-17-21(5) [A-21-7], § (1))

The minimum lot area for permitted uses in residential district R-R shall be five acres are more.

(Code 1970, § 17-27; Ord. of 4-20-88; Ord. of 6-2-93)

Structures in residential conservative, district R-R shall be located 105 feet or more from the centerline of any street right-of-way, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line".

(Code 1970, § 17-28; Ord. of 4-20-88; Ord. of 6-2-93; Ord. of 10-21-08, § 1; Ord. of 12-19-17 [A-17-4], § (1))

The minimum frontage for permitted uses in residential, conservative, district R-R shall be 300 feet.

(Code 1970, § 17-29; Ord. of 12-18-85; Ord. of 4-20-88; Ord. of 6-2-93)

In residential district R-R, the yard regulations shall be as follows:

(1)

Side yards. The minimum side yard for each main structure shall be 35 feet and the total width of the two required side yards shall be 70 feet or more.

(2)

Rear yards. Each main structure shall have a rear yard of 75 feet or more.

(Code 1970, § 17-30; Ord. of 4-20-88; Ord. of 6-2-93)

In residential district R-R, the following provisions shall apply to corner lots:

(1)

The front shall be deemed to be the shorter of the two sides fronting on streets.

(2)

The minimum side yard on the side facing the side street shall be 75 feet or more for both main and accessory buildings.

(Code 1970, § 17-31; Ord. of 4-20-88; Ord. of 6-2-93)

The purpose of the residential, rural, RR-1 district is to protect environmentally and ecologically sensitive areas and preserve the natural beauty of rural areas of the county where urban services (i.e., water and sewer mains, etc.) are not planned. At the same time, the district is intended to provide developmental flexibility by allowing for spacious residential development for those who choose to live in a rural environment. All subdivision proposals will be carefully reviewed prior to granting an RR-1 classification to ensure that the proposal is compatible with the surrounding environment and existing land uses. All county ordinances will be in full effect in this district. Should a central water/sewer system be constructed, it shall meet the minimum standards and requirements promulgated by the Dinwiddie County Water Authority and appropriate state regulatory agencies.

(Ord. of 10-3-79, § 17-31.1; Ord. of 12-2-87; Ord. of 6-2-93)

In residential, rural district RR-1, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwellings, except mobile homes, travel trailers and manufactured homes.

(2)

Parks, playgrounds and recreation areas.

(3)

Schools, private or public.

(4)

Churches.

(5)

Off-street parking, as required by this chapter.

(6)

Accessory buildings, as defined.

(7)

Home occupation type I.

(8)

Group home, small.

(9)

Family day care.

(10)

Kennel, private with conditional use permit.

(11)

Family day care, large.

(12)

The keeping of two or fewer companion birds outdoors, subject to the requirements of section 22-244.

(13)

The keeping of three or more companion birds outdoors with a conditional use permit, subject to the requirements of section 22-244.

(14)

Group home, large, with a conditional use permit, subject to the provisions of section 22-245.2 herein.

(15)

Public utility poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.

(16)

Signs as permitted under Article VII of Chapter 22 of the Dinwiddie County Code.

(Ord. of 10-3-79, § 17-31.2; Ord. of 3-15-89; Ord. of 1-5-94; Ord. of 1-2-02; Ord. of 7-3-02; Ord. of 6-1-04; Ord. of 10-20-09, § 1; Ord. of 11-16-10, § 1; Ord. of 12-20-11, § 1; Ord. of 9-15-15 [A-15-5], § (1); Ord. of 12-19-17 [A-17-4], § (1))

The minimum lot area for permitted uses in the residential, rural district RR-1 shall be two acres.

(Ord. of 10-3-79, § 17-31.3; Ord. of 6-2-93)

Structures in residential, rural, district RR-1 shall be located 80 feet or more from the centerline of any street right-of-way, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line".

(Ord. of 10-3-79, § 17-31.4; Ord. of 6-2-93; Ord. of 10-21-08, § 1; Ord. of 12-19-17 [A-17-4], § (1))

The minimum frontage for permitted uses in the residential district RR-1 shall be 200 feet.

(Ord. of 10-3-79, § 17-31.5; Ord. of 6-2-93)

In rural residential, district RR-1, the yard regulations shall be as follows:

(1)

Side yards. The minimum side yard for each main structure shall be 20 feet and for each accessory building five feet.

(2)

Rear yards. Each main structure shall have a minimum rear yard of 50 feet and each accessory building five feet.

(Ord. of 10-3-79, § 17-31.6; Ord. of 6-2-93)

Buildings and structures in residential district RR-1 may be erected up to 35 feet in height, except that:

(1)

The height limit for dwellings may be increased up to 45 feet; provided, that the side yards for each permitted use are increased one foot for each additional foot of building height over 35 feet.

(2)

No accessory building which is within 20 feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(Ord. of 10-3-79, § 17-31.7; Ord. of 6-2-93)

In residential district RR-1, the following provisions apply to corner lots.

(1)

Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

(2)

The minimum side yard on the side facing the side street shall be the same as that required for the front yard.

(Ord. of 10-3-79, § 17-31.8; Ord. of 6-2-93)

Residential, limited, district R-1 is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children and to prohibit all activities of a commercial nature. To these ends, development is limited to relatively low concentration and permitted uses are limited basically to single-unit dwellings providing homes for the residents plus certain additional uses, such as schools, parks, churches and certain public facilities that serve the residents of the district.

(Code 1970, § 17-32; Ord. of 11-16-10, § 1)

In residential district R-1, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwellings, except mobile homes, travel trailers and manufactured homes.

(2)

Schools.

(3)

Churches.

(4)

Parks and playgrounds, including interpretative and visitor structures or buildings and the required parking per section 22-237.

(5)

Off-street parking as required by this chapter.

(6)

Accessory buildings as defined, however, garages or other accessory buildings, such as carports, porches and stoops, attached to the main building shall be considered part of the main building. No accessory building may be closer than five feet to any property line.

(7)

Public utilities; poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.

(8)

Signs as permitted in Article VII of Chapter 22 of the Dinwiddie County Code.

(9)

Reserved.

(10)

Reserved.

(11)

The keeping of two or fewer companion birds outdoors, subject to the requirements of section 22-244.

(12)

The keeping of three or more companion birds outdoors with a conditional use permit, subject to the requirements of section 22-244.

(13)

Libraries with the required parking.

(14)

Group home, small.

(15)

Family day care.

(16)

Kennel, private with conditional use permit.

(17)

Family day care, large.

(18)

Home occupation type I.

(19)

Agritourism activities in connection with a legal nonconforming agricultural use existing as of November 16, 2010, subject to the provisions of Article VIII, Division 2 herein.

(20)

Group home, large, with a conditional use permit, subject to the provisions of section 22-245.2 herein.

(Code 1970, § 17-33; Ord. of 11-19-80, § 1; Ord. of 3-15-89; Ord. of 12-2-92; Ord. of 3-3-93; Ord. of 1-5-94; Ord. of 1-2-02; Ord. of 7-3-02; Ord. of 6-1-04; Ord. of 10-20-09, § 1; Ord. of 11-16-10, § 1; Ord. of 12-20-11, § 1; Ord. of 12-19-17 [A-17-4], § (1))

The minimum lot area for permitted uses in residential district R-1 shall be as follows:

(1)

For lots with on-site septic and water facilities, one and one-half acres or more.

(2)

All other lots, 20,000 square feet or more.

Provided, that all lots within this district shall comply with chapter 21 of the Code of the County of Dinwiddie.

(Code 1970, § 17-34; Ord. of 4-20-88)

Structures in residential, limited, district R-1 shall be located 65 feet or more from the centerline of any street right-of-way, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line."

(Code 1970, § 17-35; Ord. of 10-21-08, § 1; Ord. of 12-19-17 [A-17-4], § (1))

The minimum lot width for permitted uses in residential district R-1 for lots shall be 100 lineal feet, as measured from one side lot line to the other line along the building setback line.

(Code 1970, § 17-36; Ord. of 4-20-88)

In residential district R-1, the yard regulations shall be as follows:

(1)

Side yards. The minimum side yard for each main structure shall be 15 feet or more and the total width of the two required side yards shall be 35 feet or more.

(2)

Rear yards. Each main structure shall have a rear yard of 35 feet or more.

(Code 1970, § 17-37)

Buildings may be erected up to 35 feet in height in residential district R-1, except that:

(1)

The height limit for dwellings may be increased up to 45 feet and up to three stories; provided, that there are two side yards for each permitted use, each of which is 15 feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building, such as a school, church, library or general hospital, may be erected to a height of 60 feet from grade; provided, that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag-poles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory building which is within 20 feet of any party lot line shall be more than one story high. All accessory buildings shall be less than main building in height.

(Code 1970, § 17-38)

In residential district R-1, the following provisions shall apply to corner lots:

(1)

Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

(2)

The side yard on the side facing the side street shall be 35 feet or more for both main and accessory buildings.

(3)

For subdivisions platted after the enactment of the ordinance from which this chapter derives [August 5, 1964], each corner lot shall have a minimum width at the setback line of 115 feet or more.

(Code 1970, § 17-39; Ord. of 12-18-07, § 1)

Residential, limited, district R-1A is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children and to prohibit all activities of a commercial nature. To these ends, development is limited to relatively low concentration and permitted uses are limited basically to single-unit dwellings and two-family duplexes providing homes for the residents, plus certain additional uses, such as schools, parks, churches and certain public facilities that serve the residents of the district.

(Code 1970, § 17-40; Ord. of 11-16-10, § 1)

In residential district R-1A, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwelling, except mobile homes, travel trailers and manufactured homes.

(2)

Two-family duplexes.

(3)

Schools.

(4)

Churches.

(5)

Parks and playgrounds.

(6)

Off-street parking as required by this chapter.

(7)

Accessory buildings as defined, however, garages or other accessory buildings, such as carports, porches and stoops, attached to the main building shall be considered part of the main building. No accessory building may be closer than five feet to any property line.

(8)

Public utilities; poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.

(9)

Signs as permitted under Article VII of Chapter 22 of the Dinwiddie County Code.

(10)

Reserved.

(11)

Reserved.

(12)

The keeping of two or fewer companion birds outdoors, subject to the requirements of section 22-244.

(13)

The keeping of three or more companion birds outdoors with a conditional use permit, subject to the requirements of section 22-244.

(14)

Group home, small.

(15)

Family day care with conditional use permit.

(16)

Family day care, large, with a conditional use permit.

(17)

Home occupation type I.

(18)

Group home, large, with a conditional use permit, subject to the provisions of section 22-245.2 herein.

(Code 1970, § 17-41; Ord. of 11-19-80; Ord. of 3-15-89; Ord. of 1-5-94; Ord. of 1-2-02; Ord. of 6-1-04; Ord. of 10-20-09, § 1; Ord. of 11-16-10, § 1; Ord. of 12-20-11, § 1; Ord. of 12-19-17 [A-17-4], § (1))

The minimum lot area for permitted uses in residential district R-1A shall be as follows:

(1)

For lots with water and sewer service, 15,000 square feet or more.

(2)

For lots with water or sewer service, 18,000 square feet or more.

(3)

For lots without either water or sewer service, 20,000 square feet or more.

(Code 1970, § 17-42)

Structures in residential, limited, district R-1A shall be located 65 feet or more from the centerline of any street right-of-way, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line."

(Code 1970, § 17-43; Ord. of 10-21-08, § 1; Ord. of 12-19-17 [A-17-4], § (1)))

The minimum lot width at the setback line in residential district R-1A shall be 90 feet or more; provided, that for a lot containing a two-family duplex, it shall be 100 feet or more.

(Code 1970, § 17-44)

In residential district R-1A, the yard regulations shall be as follows:

(1)

Side yards. The minimum side yard for each main structure shall be 12½ feet or more, and the total width of the two required side yards shall be 35 feet or more.

(2)

Rear yards. Each main structure shall have a rear yard of 35 feet or more.

(Code 1970, § 17-45)

Buildings may be erected up to 35 feet in height in residential district R-1A, except that:

(1)

The height limit for dwellings may be increased up to 45 feet and up to three stories; provided, that there are two side yards for each permitted use, each of which is 12½ feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building, such as a school, church, library or general hospital, may be erected to a height of 60 feet from grade; provided, that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory building which is within 20 feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(Code 1970, § 17-46)

In residential district R-1A, the following provisions shall apply to corner lots:

(1)

Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

(2)

The side yard on the side facing the side street shall be 35 feet or more for both main and accessory buildings.

(3)

For subdivisions platted after the adoption of the 1970 County Code, each corner lot shall have a minimum width at the setback line of 115 feet or more.

(Code 1970, § 17-47)

Residential, general, district R-2 is composed of certain medium to high concentration of residential uses, ordinarily located between residential and commercial areas, plus certain open areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life composed of an adult population with some children, and to permit certain commercial uses of a character unlikely to develop general concentration of traffic, crowds of customers and general outdoor advertising. To these ends, retail activity is sharply limited and this district is protected against encroachment of general commercial or industrial uses. All residential types of structures for both permanent and transient occupancy and including institutions are permitted, plus structures for commercial uses conforming to the pattern of the district. This residential district is not completely residential as it includes public and semipublic, institutional and other related uses. However, it is basically residential in character and, as such, should not be spotted with commercial and industrial uses.

(Code 1970, § 17-48)

In residential district R-2, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwellings, except mobile homes, travel trailers and manufactured homes.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings.

(4)

Rooming houses and boardinghouses.

(5)

Tourist homes.

(6)

Schools.

(7)

Churches.

(8)

Rest homes.

(9)

General hospitals, with a conditional use permit.

(10)

Clubs and lodges.

(11)

Parks and playgrounds.

(12)

Professional offices.

(13)

Home occupation type I.

(14)

Mobile home park, with a conditional use permit.

(15)

Off-street parking as required by this chapter.

(16)

Accessory buildings permitted as defined, however, garages or other accessory structures, such as carports, porches and stoops, attached to the main building shall be considered part of the main building. No accessory building may be closer than five feet to any property line.

(17)

Public utilities; poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.

(18)

Signs as permitted under Article VII of Chapter 22 of the Dinwiddie County Code.

(19)

Assisted living facility, with a conditional use permit.

(20)

Reserved.

(21)

Reserved.

(22)

Day care centers, with a conditional use permit.

(23)

Group home, small.

(24)

Family day care with conditional use permit.

(25)

Family day care, large, with a conditional use permit.

(26)

Group home, large, with a conditional use permit, subject to the provisions of section 22-245.2 herein.

(Code 1970, § 17-49; Ord. of 11-19-80; Ord. of 10-19-88; Ord. of 1-5-94; Ord. of 1-2-02; Ord. of 6-1-04; Ord. of 11-16-10, § 1; Ord. of 12-20-11, § 1; Ord. of 12-19-17 [A-17-4], § (1); Ord. of 12-17-19(1) [A-19-10], § (3))

(a)

In residential district R-2, the area regulations set out in this section shall apply.

(b)

The minimum lot area for a single permitted use shall be 10,000 square feet, provided such use is served by public water and sewage disposal systems.

(c)

For lots containing or intended to contain more than a single permitted use served by public water and sewage disposal systems, the minimum lot area shall be:

(1)

Two units, 12,000 square feet or more.

(2)

Three units, 14,000 square feet or more.

(3)

For each additional unit above three, add 1,000 square feet.

(d)

For lots served by public water systems or public sewage disposal systems and containing or intended to contain a single permitted use, the minimum lot area shall be 12,000 square feet.

(e)

For lots containing or intended to contain more than a single permitted use served by public water systems or public sewage disposal systems, the minimum lot area shall be:

(1)

Two units, 14,000 square feet or more.

(2)

Three units, 16,000 square feet or more.

(3)

For each additional unit above three, add 1,000 square feet.

(f)

For lots containing or intended to contain a single permitted use served by individual water and sewage disposal systems, the minimum lot area shall be 20,000 square feet. (Multiple uses not authorized.)

(g)

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

(Code 1970, § 17-50)

In residential district R-2, a maximum density of six dwelling units per gross acre shall be permitted. Any density over six units per gross acre, but not to exceed 15 units per gross acre, shall require a conditional use permit. No density over 15 units per gross acre will be allowed even with a conditional use permit.

(Ord. of 1-16-85; Ord. of 5-5-93; Ord. of 8-16-22 [A-22-5], § (1))

Structures in residential, general, district R-2 shall be located 65 feet or more from the centerline of any street right-of-way, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line".

(Code 1970, § 17-51; Ord. of 10-21-08, § 1; Ord. of 12-19-17 [A-17-4], § (1))

For permitted uses in residential district R-2, the minimum lot width at the setback line shall be 80 feet or more, and for each additional permitted use, there shall be at least ten feet of additional lot width at the setback line.

(Code 1970, § 17-52)

In residential district R-2, the following yard regulations shall apply:

(1)

Side yards. The minimum side yard for each main structure shall be ten feet and the total width of the two required side yards shall be 25 feet or more.

(2)

Rear yards. Each main structure shall have a rear yard of 25 feet or more.

(Code 1970, § 17-53)

Buildings may be erected up to 35 feet in height from grade in residential district R-2, except that:

(1)

The height limit for dwellings may be increased up to ten feet and up to three stories; provided, that there are two side yards for each permitted use, each of which is ten feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building, such as a school, church, library or hospital, may be erected to a height of 60 feet from grade; provided, that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory building which is within ten feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(Code 1970, § 17-54)

In residential district R-2, the following provisions shall apply to corner lots:

(1)

Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

(2)

The side yard on the side facing the side street shall be 35 feet or more for both main and accessory buildings.

(3)

For subdivisions platted after the enactment of the ordinance from which this chapter derives [August 5, 1964], each corner lot shall have a minimum width at the setback line of 100 feet or more.

(Code 1970, § 17-55)

In general, the "Residential, Urban" zoning district allows smaller lot sizes and setbacks than the county's other residential zoning districts, giving areas zoned R-U a more urban feel. The district regulations are designed to reflect the urban nature of such neighborhoods as characterized by detached single-family dwellings situated on small lots with narrow yards and modest setbacks. The district regulations are intended to encourage continued improvement and efficient use of existing residential buildings and their accessory structures, while ensuring that infill development will be compatible with the established character of the district.

(Ord. of 7-17-12, § 1)

In residential district R-U, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwellings, except mobile homes, travel trailers and manufactured homes.

(2)

Schools, with a conditional use permit.

(3)

Churches.

(4)

Parks and playgrounds, including interpretative and visitor structures or buildings and the required parking per section 22-237.

(5)

Off-street parking, as required by this chapter.

(6)

Accessory buildings as defined, however, garages or other accessory buildings, such as carports, porches and stoops, attached to the main building shall be considered part of the main building. No accessory building may be closer than five feet to any property line.

(7)

Public utilities; poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.

(8)

Signs as permitted under Article VII of Chapter 22 of the Dinwiddie County Code.

(9)

Reserved.

(10)

Reserved.

(11)

Home occupation, Type I.

(12)

Libraries with a conditional use permit.

(13)

Group home, small.

(14)

Group home, large, with a conditional use permit.

(15)

Family day care.

(16)

Family day care, large with a conditional use permit.

(Ord. of 7-17-12, § 1; Ord. of 12-19-17 [A-17-4], § (1))

The minimum lot area in the R-U district shall be 5,000 square feet.

(Ord. of 7-17-12, § 1)

Structures in residential, urban, district R-U shall be located 40 feet or more from the centerline of any street right-of-way, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line".

(Ord. of 7-17-12, § 1; Ord. of 12-19-17 [A-17-4], § (1))

The minimum lot width in the R-U district shall be 50 feet.

(Ord. of 7-17-12, § 1)

Lot coverage in the residential, urban district R-U shall not exceed 50 percent of the area of the lot.

(Ord. of 7-17-12, § 1)

In residential, urban district R-U, the following yard regulations shall apply:

(a)

Side yards. There shall be side yards of not less than five feet in width each.

(b)

Rear yard. There shall be a rear yard with a depth of not less than five feet.

(Ord. of 7-17-12, § 1)

Buildings may be erected up to 35 feet in height in residential, urban district, R-U, except that:

(1)

The height limit for dwellings may be increased up to 45 feet and up to three stories; provided, that there are two side yards for each permitted use, each of which is 15 feet plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building, such as a school, church, library or general hospital, may be erected to a height of 60 feet from grade; provided, that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag-poles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory building which is within 20 feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(Ord. of 7-17-12, § 1)

In residential district R-U, the following provisions shall apply to corner lots:

(1)

Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets.

(2)

The side yard on the side facing the side street shall be 40 feet or more from the centerline of the street right-of-way for both main and accessory buildings.

(Ord. of 7-17-12, § 1)

Planned residential development district PRD is designed to allow the greatest flexibility of land and site design, development and innovation while requiring conformance to the purposes of this chapter. The district is designed to provide for medium and large scale developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. The regulations for this district are designed to protect the natural beauty of the landscape, to encourage preservation and more efficient use of open space and to encourage a more efficient use of land and public services. Providing an environment of stable character in harmony with surrounding development is an important element of this district. The use of this district makes available to residents certain practical benefits and amenities unavailable under traditional zoning districts. The planned residential development may also provide reservation of areas for educational and governmental facilities wherever these are deemed necessary by the county. When the reservation of land is deemed necessary by the county, the county shall, within 36 months of the approval of the final development plan, acquire the land or the land shall revert to the developer. Nothing contained in this section shall be construed to prevent an owner of such land to dedicate it for such purpose or to prevent the county from accepting such dedication.

(Code 1970, § 17-55.1)

In planned residential development district PRD, the following uses may be permitted:

(1)

Single-family dwellings, except mobile homes, travel trailers and manufactured homes.

(2)

Multiple-family dwellings.

(3)

Schools.

(4)

Religious activities and quarters.

(5)

Parks, playgrounds, athletic areas, play lots, tot lots, golf courses, swimming pools, lakes and undeveloped areas for passive recreation.

(6)

Recreational buildings, provided that such recreational buildings shall be not substantially larger than necessary to serve the residents who will live within the planned residential development district when it is fully developed.

(7)

Where the county deems that it is appropriate, convenience shops intended for the exclusive use of the occupants of the planned residential development may be located within a multiple-family dwelling or an administration or community building for the development. Convenience shops shall not be located on the perimeter of the development. The following sales or services only are permitted within the convenience shops: Confections, delicatessens, drugs, dry goods, groceries, hardware, laundromats, personal services and professional offices, dry cleaning and laundry pick-up station.

(8)

Accessory uses and structures which are customarily auxiliary and clearly incident and subordinate to permitted uses and structures.

(9)

Group home, small.

(10)

Family day care with conditional use permit.

(11)

Day care center with conditional use permit.

(12)

Group home, large, with a conditional use permit, subject to the provisions of section 22-245.2 herein.

(13)

Public utility poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.

(14)

Signs as permitted by Article VII of Chapter 22 of the Dinwiddie County Code.

(15)

Event facility, with a conditional use permit.

(16)

Assisted living facility, with a conditional use permit.

(Code 1970, § 17-55.2; Ord. of 11-19-80; Ord. of 1-5-94; Ord. of 1-2-02; Ord. of 12-20-11, § 1; Ord. of 9-15-15 [A-15-5], § (1); Ord. of 12-19-17 [A-17-4], § (1); Ord. of 12-17-19(1) [A-19-9], § (2); Ord. of 8-17-21(5) [A-21-7], § (1))

A planned residential development shall be in common ownership or control at the time application is made for a planned residential development district. Any transfer of land within the district resulting in ownership within the district by one or more parties after an application has been filed shall not alter the applicability of the regulations contained herein.

(Code 1970, § 17-55.3)

(a)

Height. All structures in a planned residential development district shall not exceed 35 feet in height from grade. Church steeples and bell towers as part of the construction of a church are exempted from this requirement.

(b)

Buffer space. Buffer space along the perimeter of a planned residential development district shall be in substantial compliance with yard and setback standards applicable in other zoning districts in which comparable land uses are commonly found. The planning commission may approve less buffer space if the perimeter contains physical or natural barriers.

(c)

Building location. In a planned residential development district, the location of buildings in relation to each other and to streets shall provide:

(1)

Adequate light and ventilation to protect the health of the occupants and users thereof.

(2)

Necessary access for fire equipment and other emergency vehicles.

(3)

A reasonable degree of privacy for the residents and occupants of the development.

(4)

Whenever any nonresidential use is established in this district on a lot shown or proposed within the site plan which adjoins any other lot shown or proposed to be residentially developed within the site plan within the planned residential development district, a transitional yard shall be provided on such lot by the nonresidential use along such common boundary to a depth of ten feet, and screening shall be provided within such yard which shall be sufficient to insulate visually the nonresidential use from the residential property. Such transitional yard shall be landscaped and shall not contain any structures or any parking lot or driveway.

(Code 1970, § 17-55.4)

(a)

Single-family dwelling density may be increased by no more than twice the density permitted for that parcel of land prior to its having been rezoned PRD (planned residential development) under the provisions of this article. In no case shall a single-family dwelling lot be created with an area of less than 7,500 square feet. A diversification of lot sizes is encouraged.

(b)

Lot widths may be varied to allow for a variety of structural designs. It is also recommended that setbacks be varied.

(Code 1970, § 17-55.5)

(a)

Any density up to and including eight dwelling units per acre may be applied for in a PRD district, but such density shall be equal to the sum of all dwelling units proposed for the project application divided by the net land area of the site. The net land area of the site shall be the total land area of the site included in the application minus 25 percent for streets, or the actual area of proposed streets, whichever is less.

(b)

A maximum of 60 percent of the total number of dwelling units developed within a planned residential development may be multifamily dwellings.

(c)

No building permit shall be issued until all lands shown on the development plan in the approved planned residential development district to be dedicated for public use are dedicated.

(Code 1970, § 17-55.6)

A minimum of 20 percent of the net land area of the development shall be reserved for common open space and recreational facilities for the residents of the planned residential development. The location and character of the common open space shall be provided in a manner to meet the needs of the planned residential development. The common open space shall be used for amenity and recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned residential development, considering its size, density, expected population, topography and the number and type of dwellings to be provided. Flood plain areas and bodies of water may account for a portion of the required amount of common open space. The amount of a flood plain area or a body of water that may be counted towards the total common open space requirement will be determined on the particular circumstances of each proposed planned residential development. The common open space shall be managed as required in section 22-160.

(Code 1970, § 17-55.7)

(a)

The required amount of common open space land reserved under a planned residential development district shall be managed by one or a combination of the following methods of administering common open space:

(1)

Public dedication to the county of the open space. This method is subject to formal acceptance by the county.

(2)

Establishment of a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the planned development to ensure the maintenance of open spaces.

(3)

Retention of ownership, control and maintenance of open space by the developer, subject to approval of the board of supervisors.

(b)

All open space not dedicated to the public shall be made subject to restrictive covenants running with the land thereafter restricting its use as declared in the final development plan, and such restrictions shall be for the benefit of, and enforceable by, all present or future property owners who shall be entitled to the use of such open space.

(c)

All open space, as well as public recreational facilities, shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(d)

If the developer elects to administer common open space through an association, nonprofit corporation, trust or foundation, the organization shall conform to the following requirements:

(1)

The developer must establish the organization prior to the sale of any lots.

(2)

Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community and such organization shall not discriminate in its members or shareholders.

(3)

The organization shall manage all open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, administration and operation of said land and improvements and any other land within the planned residential development not publicly or privately owned, and shall secure adequate liability insurance on the land.

(e)

The responsibility for the maintenance of all common open space shall be specified by the developer before approval of the final development plan.

(Code 1970, § 17-55.8)

(a)

Underground utilities, including telephone and electrical systems, are required within the limits of all planned residential developments. Appurtenances to these systems which can be effectively screened may be exempt from this requirements, if the county finds that such exemption will not violate the intent or character of the proposed planned residential development.

(b)

All planned residential developments shall be served by public (central) water and sewer systems. These systems must be approved by the state department of health, the state water control board and the Dinwiddie Water Authority.

(Code 1970, § 17-55.9)

(a)

Two or more buildings containing dwelling units shall be termed a cluster if the buildings have design and architectural unity and are located around a common point of activity, including parking lots, cul-de-sacs, open space, service areas, plazas and recreational areas. Such activity must be of a scale and scope that the residents of the dwellings within the group are directly benefited and the central point of activity is designed integrally within the site plan for all buildings in the cluster. Buildings in the cluster are located close enough to one another that, as a group, all buildings taken together as a unit are separated from other such clusters by buffers or open space, including landscaping, streets or parking areas.

(b)

Each cluster must abut and have access to a public street. Streets included in the interior of the cluster are considered private driveways with direct access to public streets. Public streets serving such clusters may terminate in a cul-de-sac no longer than 600 feet in length. Public streets may be designed and laid out on one site in a super block form, with more than one cluster abutting and having access to the public street. All streets and drainage designs shall be reviewed and approved by the state department of highways and transportation. Public streets will be dedicated.

(Code 1970, § 17-55.10)

In order to provide a full range of facilities and an economic return sufficient to support good management as well as ensure a semi-rural setting within the county, the gross area of the tract of land to be developed under the planned residential district shall be 50 contiguous acres.

(Code 1970, § 17-55.11)

The provisions of this article shall apply generally to the initiation and regulation of a planned residential development district. Where there are conflicts between the special provisions herein and general zoning, subdivision or other regulations or requirements, these special regulations shall apply in PRD districts unless the county shall find, in a particular case:

(1)

That provisions herein do not serve public purpose to a degree at least equivalent to such general zoning, subdivision or other regulations or requirements, or

(2)

That actions, designs or solutions proposed by the applicant, although not literally in accord with these special provisions or general regulations, satisfy public purposes to at least an equivalent degree.

It is specifically provided, however, that where minimum project area, lot size, common open space, and densities have been established by these regulations the county shall not act in a particular case to alter such minimums.

(Code 1970, § 17-55.12)

Cross reference— Subdivision regulations, Ch. 18.

(a)

Before submitting an application for a planned residential development district, an applicant, at his option, may confer with the planning commission to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.

(b)

Applications for a planned residential development district shall be submitted as for other amendments under section 22-5 of this chapter. Material submitted with the application or on subsequent request by the planning commission shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. More specifically, all of the following shall be required.

(c)

The preliminary development plan shall be clearly drawn to a scale as specified below and shall show the following:

(1)

The proposed title of the project and the name of the engineer, architect, designer or landscape architect and the developer.

(2)

The northpoint, scale and date. The scale of the development plan shall be not more than 100 feet to one inch for projects containing 50 to 200 acres. For projects containing more than 200 acres, the scale shall be not more than 200 feet to one inch.

(3)

Existing zoning and zoning district boundaries.

(4)

The boundaries of the property involved, county or municipal boundaries, the general location of all existing easements and property lines, existing streets, buildings or waterways, major tree masses and other existing physical features in or adjoining the project.

(5)

Topography of the project area with contour intervals of five feet or less, unless waived by the planning commission as clearly unnecessary to a review of the project or proposal.

(6)

The general location of proposed streets, alleys, driveways, curb cuts, entrances, exits and loading areas (including numbers of parking and loading spaces).

(7)

The general location of proposed lots, setback lines, easements, proposed reservations for common open spaces and other appropriate uses.

(8)

Location with respect to each other and to lot lines and approximate height of all proposed buildings and structures. The locations should be drawn to scale but full dimensioning is not required in the preliminary development plan.

(9)

Preliminary plans and elevations of the several dwelling types and other buildings, as may be necessary.

(10)

A tabulation of the total number of gross acres in the project, and the percentage thereof proposed to be devoted to the several dwelling types, other nonresidential uses, off-street parking, streets, open space and other reservations.

(11)

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per net acre.

(12)

The proposed development schedule indicating:

a.

The approximate date when construction of the development can be expected to begin.

b.

The stages in which the development will be constructed and the approximate date when construction of each stage can be expected to begin.

c.

The approximate date when the development will be completed. The planning commission may establish additional requirements for a preliminary development plan, and in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a property decision on the project.

(d)

The final development plan shall show all the features required on the preliminary plan as well as the following:

(1)

Location an sizes of sanitary and storm sewers, water mains, culverts and other underground structures existing and planned in or near the project.

(2)

The location of outdoor lighting systems, storm drainage, sanitary and water facilities.

(3)

The location, character, size and height and orientation of proposed signs.

(4)

The proposed plans for erosion and sedimentation control during and after construction.

The final development plan shall show all of the features required with sufficiently accurate dimensions and construction specifications to support the issuance of building permits.

(Code 1970, § 17-55.13)

Cross reference— Erosion and sediment control, Ch. 9.

(a)

After lands are rezoned to PRD status, no building permit shall be issued in such district unless and until the planning commission shall have approved the final development plan and reports for the development as a whole or stages deemed satisfactory in relation to total development. No structure or use not indicated in the approved development plan and reports shall be permitted.

(b)

Upon approval of the development plan and reports, building permits shall be issued in the same manner as for building permits generally; provided, that any requirements concerning the order or location in which building permits are to be issued in the particular PRD district shall be observed. Final plans and reports approved shall be binding on the applicant and any successors in interest so long as PRD zoning applies to the land except under the provisions of section 22-167.

(Code 1970, § 17-55.14)

(a)

The zoning permit for a planned residential development district shall be for a period not to exceed two years to allow for the preparation of a final development plan and the development of the project. If no construction has begun within two years after approval is granted, the planning commission shall review the circumstances for delay of a particular project and make a corresponding determination to either extend or void the zoning approval.

(b)

An extension of the time limit or modification of the approved final development plan may be approved if the planning commission finds that such extension or modification is not in conflict with the public interest.

(c)

No zoning amendment passed during the time period granted for the zoning permit shall in any way affect the terms under which approval of the planned residential development district was granted.

(Code 1970, § 17-55.15)

The primary purpose of business, limited, district B-1 is to establish and protect a business district that will serve the surrounding residential districts. Traffic and parking congestion is to be held to a minimum to protect and preserve property values in the surrounding residential districts and, insofar as possible, all neighborhood business development shall take place in a limited business district. The minimum area of such a district shall be one block and only include such activities as are necessary for the day-to-day operation of a normal household. In most instances these areas are not located on major traffic arteries.

(Code 1970, § 17-56)

In business, limited, district B-1, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Grocery stores.

(2)

Bake shops.

(3)

Drugstores.

(4)

Personal services.

(5)

Reserved.

(6)

Reserved.

(7)

Gift shops.

(8)

Clothing shops.

(9)

Appliance stores.

(10)

Off-street parking as required by this chapter.

(11)

Public utility poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including railroads and facilities, and water and sewage facilities.

(12)

Signs as permitted by Article VII of Chapter 22 of the Dinwiddie County Code.

(13)

Reserved.

(14)

Reserved.

(15)

Reserved.

(16)

Professional offices.

(17)

Financial institutions.

(18)

Governmental offices.

(19)

Veterinary hospital, with a conditional use permit.

(20)

Restaurant.

(21)

Flea market, a maximum of two days within any two-month period.

(22)

Flea market, more than two days within any two-month period, with a conditional use permit.

(Code 1970, § 17-57; Ord. of 3-16-83; Ord. of 6-15-83; Ord. of 12-18-85; Ord. of 11-16-10, § 1; Ord. of 12-21-10, § 1; Ord. of 9-15-15 [A-15-5], § (1); Ord. of 12-19-17 [A-17-4], § (1); Ord. of 6-20-23(3) [A-23-4], § (1))

In business district B-1, the area regulations shall be as follows: None, except that, for permitted uses utilizing individual water supply or sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Code 1970, § 17-58)

Structures in business district B-1 shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width, or 60 feet or more from the center line of any street right-of-way less than 50 feet in width, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line."

(Code 1970, § 17-59; Ord. of 12-19-17 [A-17-4], § (1))

(a)

For permitted uses in business district B-1, the minimum side yard, adjoining or adjacent to a residential or agricultural district, shall be at least ten feet.

(b)

Off-street parking and loading shall be in accordance with article V and any other provisions of this chapter.

(Code 1970, § 17-60; Ord. of 9-21-94)

Structures may be erected up to 35 feet in height from grade in business district B-1, except that:

(1)

The height limit for dwellings may be increased up to 45 feet and up to three stories; provided, that there are two side yards for each permitted use, each of which is ten feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building, such as a school, church, library or general hospital, may be erected to a height of 60 feet from grade; provided, that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory building which is within ten feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(Code 1970, § 17-61)

Generally, business, general, district B-2 covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking, other than stocking and delivery of light retail goods, or by any nuisance factors, other than occasioned by incidental light and noise of congregation of people and passenger vehicles. This includes such uses as retail stores, banks, theaters, business offices, newspaper offices, printing presses, restaurants, taverns and garages and service stations.

(Code 1970, § 17-62)

In business district B-2, structures to be erected or land to be used shall for one or more of the following uses:

(1)

Retail stores and shops.

(2)

Bakeries.

(3)

Restaurants.

(4)

Personal services.

(5)

Wearing apparel stores.

(6)

Drugstores.

(7)

Reserved.

(8)

Auto and home appliance services.

(9)

Theaters and assembly halls.

(10)

Hotels and motels.

(11)

Office buildings.

(12)

Churches.

(13)

Libraries.

(14)

Hospitals, general.

(15)

Funeral homes.

(16)

Self-storage facility, with a conditional use permit.

(17)

Clubs and lodges.

(18)

Auto sales and service, to include the sales and service of boats, boat trailers, and recreational vehicles.

(19)

Lumber and building supply (with storage under cover).

(20)

Plumbing and electrical supply (with storage under cover).

(21)

Wholesale and processing not objectionable because of dust, noise or odors, with a conditional use permit.

(22)

Reserved.

(23)

Machinery sales and service.

(24)

Public utilities.

(25)

Off-street parking as required by this chapter.

(26)

Waterfront business activities; wholesale and retail marine interests, such as boat docks, piers, small boat docks, yacht club and servicing facilities for the same; docks and areas for the receipt, storage and transshipment of waterborne commerce; seafood and shellfish receiving, packing and shipping plants; and recreational activities primarily conducted on or about a waterfront. All such uses shall be contiguous to a waterfront.

(27)

Public billiard parlors and poolrooms, bowling alleys, dance halls and similar forms of public amusement only after a public hearing shall have been held by the board of supervisors on an application submitted to the board for such use. The board may request that the commission submit a recommendation to it concerning such use applications. In approving any such application, the board may establish such special requirements and regulations for the protection of adjacent property, set the hours of operations, and make requirements as it may deem necessary in the public interest. Notwithstanding the foregoing, amusement centers shall fall under paragraph (29) and not under this paragraph.

(28)

Signs as permitted by Article VII of Chapter 22 of the Dinwiddie County Code.

(29)

Amusement centers, with a conditional use permit.

(30)

Event facility, with a conditional use permit.

(31)

Cabinet, furniture and upholstery shops not exceeding a combined area of 5,000 square feet for workshop and storage space, with a conditional use permit.

(32)

Assisted living facility, with a conditional use permit.

(33)

Governmental offices.

(34)

Veterinary hospital, with a conditional use permit.

(35)

Communication tower with station, with a conditional use permit.

(36)

Wholesale business and storage warehouse, with conditional use permit.

(37)

Classic and collectable car sales and restoration facility, with inoperable vehicles screened from view and restoration activities under cover, in accordance with the following definition: "A business actively involved in restoration and sales of classic and collectible specialty vehicles. Facilities must be screened for restoration work and storage of disabled vehicles. This business could also be involved in the sale of new/n.o.s., and used parts, but would not allow the general public access to vehicles for the purpose of removing parts."

(38)

Nursery and landscaping.

(39)

Financial institutions.

(40)

Computer software development firms to exclude the manufacturing of such software, screened from view and 200 feet from the state road right-of-way.

(41)

Show horse facility and riding academy, with a conditional use permit.

(42)

Day care center.

(43)

Automobile self-service station.

(44)

Automobile service station.

(45)

Garage, public.

(46)

Tractor-trailer service station, with a conditional use permit.

(47)

Laydown yard, with a conditional use permit.

(48)

Kennel, private with conditional use permit.

(49)

Family day care, large.

(50)

Flea market, a maximum of two days within any two-month period.

(51)

Flea market, more than two days within any two-month period, with a conditional use permit.

(Code 1970, § 17-63; Ord. of 11-19-80; Ord. of 3-16-83; Ord. of 6-15-83; Ord. of 1-18-84; Ord. of 6-17-87; Ord. of 6-15-88; Ord. of 4-17-91; Ord. of 3-18-92; Ord. of 5-5-93; Ord. of 7-7-93; Ord. of 9-1-93; Ord. of 1-5-94; Ord. of 9-4-96; Ord. of 11-6-96; Ord. of 10-6-99; Ord. of 2-7-01; Ord. of 7-3-02; Ord. of 6-1-04; Ord. of 12-21-10, § 1; Ord. of 12-19-17 [A-17-4], § (1); Ord. of 12-17-19(4) [A-19-11], § (1); Ord. of 7-21-20(2) [A-20-4], § (1); Ord. of 8-17-21(5) [A-21-7], § (1); Ord. of 6-20-23(2) [A-23-4], § (1); Ord. of 3-18-25(2) [A-25-3], § (1))

In business district B-2, the following area regulations shall apply: None, except that, for permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Code 1970, § 17-64)

Buildings in business district B-2 shall be located ten feet or more from any street right-of-way which is 50 feet or greater in width, or 35 feet or more from the center line of any street right-of-way less than 50 feet in width, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line."

(Code 1970, § 17-65; Ord. of 12-19-17 [A-17-4], § (1))

(a)

For permitted uses in business district B-2, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be at least ten feet.

(b)

Off-street parking and loading shall be in accordance with the article V and any other provisions of this chapter.

(Code 1970, § 17-66; Ord. of 9-21-94)

Buildings may be erected up to 35 feet in height from grade in business district B-2, except that:

(1)

The height limit for dwellings may be increased up to 45 feet and up to three stories; provided, that there are two side yards for each permitted use, each of which is ten feet or more, plus five feet or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building, such as a school, church, library or general hospital, may be erected to a height of 60 feet from grade; provided, that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory structure which is within ten feet of any party lot line shall be more than one story high. All accessory structures shall be less than the main structure in height.

(Code 1970, § 17-67)

Shopping center district B-3 is designed to permit the development of attractive and efficient retail shopping facilities of integrated design in appropriate locations to serve residential neighborhoods. Recognizing that it is not possible or desirable to attempt to precisely outline shopping center districts on vacant land prior to population growth and related residential development or construction of major thoroughfares, which together are prerequisites of well-planned properly located modern shopping center developments, the following procedures and requirements are established for the development of a shopping center, district B-3.

(Code 1970, § 17-67.1)

In shopping center district B-3, the uses permitted shall include the following:

(1)

Retail commercial and service establishments serving the needs of the market area, including those uses ordinarily accepted as shopping center uses.

(2)

A veterinary hospital, with a conditional use permit.

(3)

Storage warehouses with a conditional use permit.

(4)

Flea market, a maximum of two days within any two-month period.

(5)

Flea market, more than two days within any two-month period, with a conditional use permit.

(Code 1970, § 17-67.2; Ord. of 6-15-83; Ord. of 5-17-89; Ord. of 12-21-10, § 1)

In order that the purposes of the shopping center district B-3 shall be realized, the land and the buildings and appurtenant facilities shall be in a single ownership, or under management or supervision of a central authority. Any transfer of land within the district resulting in ownership within the district by one or more parties after an application has been filed shall not alter the applicability of the regulations contained herein.

(Code 1970, § 17-67.3)

In the shopping center district B-3:

(1)

The minimum site area shall be three acres.

(2)

The minimum distance from any street right-of-way to any building shall be 35 feet.

(3)

The minimum distance from other property lines to any building shall be 25 feet for any building under 35 feet in height.

(4)

For buildings over 35 feet in height, the minimum distance from other property lines to any such buildings shall be 25 feet, plus one foot for each additional foot of building height over 35 feet.

(Code 1970, § 17-67.4)

All buildings developed in the shopping center district B-3 shall be served wherever practicable by underground utilities.

(Code 1970, § 17-67.5)

One sign not exceeding 80 square feet in area and 20 feet in height and announcing only the name and the location of the shopping center shall be permitted. All individual business signs within the shopping center shall be attached to, or made integral with, the principal building. Notwithstanding the foregoing, the board of supervisors may, in the ordinance rezoning the property, permit one additional sign to serve either or both of the foregoing purposes, which sign need not be attached to a building, but which shall conform to the size and height limitations set forth above. The zoning administrator must approve the size of each individual business sign within the shopping center.

(Code 1970, § 17-67.6; Ord. of 12-19-17 [A-17-4], § (1))

(a)

Off-street parking spaces shall be provided in the ratio of at least one parking space for each 200 square feet of floor area in the shopping center.

(b)

Off-street loading spaces shall be in accordance with article V and any other provisions of this chapter.

(Code 1970, § 17-67.7; Ord. of 9-21-94)

(a)

Landscaping or other devices shall be used to screen surrounding residential districts from open service, storage and loading operations within the shopping center.

(b)

Any part of the shopping center area not used for buildings or other structures, parking, loading, pedestrian walks or accessways shall be landscaped with grass, trees or shrubs.

(Code 1970, § 17-67.8)

(a)

Before submitting an application for a shopping center district, an applicant, at his option, may confer with the planning commission to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.

(b)

Applications for a shopping center district shall be submitted as for other amendments under section 22-5 of this chapter. Materials submitted with the application or on subsequent request by the planning commission shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. More specifically, all of the following shall be required.

(c)

The development plan shall be clearly drawn to a scale and shall show the following:

(1)

The proposed location and size of structures, indicating tenant types (uses) and total square feet in buildings.

(2)

The proposed size, location and use of other portions of the tract, including landscaped, parking, loading, service, maintenance and other areas or spaces.

(3)

The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness.

(4)

The proposed traffic circulation pattern, including access drives, parking arrangement, pedestrian walks, and safety areas, and the relationship to existing and proposed external streets and traffic patterns with evidence of reasonableness.

(5)

Potential population and area to be served by the proposed shopping center.

(6)

Evidence that the applicant has sufficient control over the land to effectuate the proposed development plan. Evidence of control includes property rights and the engineering feasibility data which may be necessary and the economic feasibility studies (market analysis or other data justifying the proposed development).

(d)

The planning commission or the board of supervisors may establish additional requirements, and in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.

(e)

Final plans and reports approved shall be binding on the applicant and any successors in interest so long as B-3 zoning applies.

(f)

The shopping center may be built in stages in accordance with a construction timing schedule approved by the board of supervisors. If there is not substantial compliance with the approved schedule, the board of supervisors may, after expiration of a period of three years from the date of final approval, void the approval.

(g)

Upon termination of an approval, the planning commission shall review the circumstances and recommend to the board of supervisors that:

(1)

B-3 zoning for the entire area be continued with revised time limits;

(2)

B-3 zoning be continued for part of the area with revised time limits, and the remainder rezoned to an appropriate category;

(3)

The entire area be rezoned from B-3 to an appropriate category.

Such recommendation shall include proposals for appropriate action in respect to any legal instruments involved in the case.

(h)

An extension of the time limit or modification of the approved development plan may be approved if the board of supervisors finds that such extension or modification is not in conflict with the public interest.

(i)

If required by the board of supervisors, a surety bond shall be filed for, or deposited in escrow with, the county, in a sum sufficient to ensure completion of special requirements as may be imposed by the board of supervisors.

(Code 1970, § 17-67.9)

The primary purpose of industrial, limited, district M-1 is to permit certain industries, which do not in any way detract from residential desirability, to locate in any area adjacent to residential uses. The limitations on (or provisions relating to) height of buildings, horsepower, heating, flammable liquids or explosives, controlling emission of fumes, odors and noise, landscaping and the number of persons employed are imposed to protect and foster adjacent residential desirability while permitting industries to locate near a labor supply.

(Code 1970, § 17-68)

In industrial, limited, district M-1, any structure to be erected or land to be used shall be for one or more of the following uses:

(1)

Assembly of electrical appliances, electronic instruments and devices, radios and phonograph. Also the manufacture of small parts, such as coils, condensers, transformers and crystal holders.

(2)

Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, tire retreading or recapping or battery manufacture.

(3)

Blacksmith shop, welding or machine shop, excluding punch presses exceeding forty-ton rated capacity and drop hammers.

(4)

Laboratories, pharmaceutical and material.

(5)

Manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.

(6)

Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: Bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious metals or stone, shell, straw, textiles, tobacco, wood, yarn and paint.

(7)

Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.

(8)

Manufacture of musical instruments, toys, novelties and rubber and metal stamps.

(9)

Building material sales yards and plumbing supplies stores.

(10)

Coal and wood yards, lumber yards and feed and seed stores.

(11)

Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors.

(12)

Cabinet, furniture and upholstery shops.

(13)

Boat building.

(14)

Monumental stone works.

(15)

Veterinary or dog or cat hospital and kennels.

(16)

Airports, with a conditional use permit.

(17)

Wholesale businesses and storage warehouses.

(18)

Off-street parking as required by this chapter.

(19)

Public utility booster or relay stations, transformer substations, transmission lines and towers, and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewerage installations.

(20)

Signs as permitted by Article VII of Chapter 22 of the Dinwiddie County Code.

(21)

Self-storage facility, with a conditional use permit.

(22)

Reserved.

(23)

Governmental offices.

(24)

Communication tower with station, with a conditional use permit.

(25)

General contractors, to include sheet metal, heating, ventilation and air conditioning, general construction, and any other fitting this definition at the discretion of the zoning administrator.

(26)

Tractor-trailer service station.

(27)

Tractor and outdoor equipment sales, service, and rental.

(28)

Flea market, a maximum of two days within any two-month period.

(29)

Flea market, more than two days within any two-month period, with a conditional use permit.

(30)

Purchase and sale of new and used manufactured homes.

(31)

Reconditioning of manufactured homes owned by the owner or occupant of the property, screened from view and at least 200 feet from the street right-of-way.

(32)

Accessory dwelling with a maximum area of 3,000 square feet for resident watchmen, caretakers and corporate employees employed on the premises if the area of the principal structure on the lot is at least 50,000 square feet.

(Code 1970, § 17-69; Ord. of 3-16-83; Ord. of 1-18-84; Ord. of 6-19-91; Ord. of 10-6-99; Ord. of 9-21-10, § 1; Ord. of 12-21-10, § 1; Ord. of 5-17-11, § 1; Ord. of 9-20-11, § 1; Ord. of 9-15-15 [A-15-5], § (1); Ord. of 12-19-17 [A-17-4], § (1); Ord. of 3-18-25(2) [A-25-3], § (1))

(a)

Before a building permit shall be issued or construction commenced on any permitted use in industrial district M-1, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study. The administrator may refer these plans to the planning commission for its recommendation. Modifications of the plans may be required.

(b)

Permitted uses in industrial district M-1 shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence or evergreen hedge six feet in height. Public utilities and signs requiring natural air circulation, unobstructed view or other technical consideration necessary for proper operation may be exempt from this provision. This exception does not include storing of any materials.

(c)

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

(d)

Sufficient area shall be provided to adequately screen permitted uses from adjacent business and residential districts and for off-street parking of vehicles incidental to the industry, its employees and clients.

(e)

Automobile graveyards and junk yards in existence at the time of the adoption of the ordinance from which this chapter derives [August 5, 1964], are to be considered as nonconforming uses. They shall be allowed up to three years after adoption of such ordinance in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence or an evergreen hedge six feet in height. ^[4]

(f)

The administrator shall act on any application received within 20 days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a 20-day period. Failure on the part of the administrator to act on the application within the established time limit shall be deemed to constitute approval of the application.

(Code 1970, § 17-70)

For permitted uses in industrial district M-1 utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Code 1970, § 17-71)

Buildings in industrial district M-1 shall be located ten feet or more from any street right-of-way which is 50 feet or greater in width, or 35 feet or more from the center line of any street right-of-way less than 50 feet in width, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line."

(Code 1970, § 17-72; Ord. of 12-19-17 [A-17-4], § (1))

For permitted uses in industrial district M-1, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be at least ten feet. The side yard of corner lots shall be at least 20 feet or more. Off-street parking and loading spaces shall be in accordance with the provisions contained in this chapter.

(Code 1970, § 17-73; Ord. of 9-21-94)

Buildings may be erected up to a height of 35 feet in industrial district M-1. For buildings over 35 feet in height, approval shall be obtained from the administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers or their accessory facilities not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.

(Code 1970, § 17-74)

Buildings or groups of buildings with their accessory buildings in industrial district M-1 may cover up to 70 percent of the area of the lot.

(Code 1970, § 17-75)

The primary purpose of industrial, general, district M-2 is to establish an area where the principal use of land is for heavy commercial and industrial operations, which may create some nuisance and which are not properly associated with, nor particularly compatible with, residential, institutional and neighborhood commercial service establishments. The specific intent of this district is to:

(1)

Encourage the construction of and the continued use of the land for heavy commercial and industrial purposes;

(2)

Prohibit residential and neighborhood commercial use of the land and to prohibit any other use which would substantially interfere with the development, continuation or expansion of commercial and industrial uses in the district; and

(3)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter.

(Code 1970, § 17-76)

In industrial, general, district M-2, buildings to be erected or land to be used shall be for one or more of the following uses:

(1)

Truck terminals.

(2)

Sand and gravel operations, with a conditional use permit.

(3)

Crushed stone operations, with a conditional use permit.

(4)

Wood preserving operations.

(5)

Abattoirs.

(6)

Acid manufacture.

(7)

Cement, concrete, lime and gypsum manufacture.

(8)

Fertilizer manufacture.

(9)

Petroleum refining, including byproducts.

(10)

Petroleum storage.

(11)

Asphalt mixing plant.

(12)

Sawmills and planing mills.

(13)

Pipe and pump manufacture.

(14)

Brick manufacture.

(15)

Boiler shops.

(16)

Stone or granite quarry to include crushing or grinding, storage and distribution of same, with a conditional use permit.

(17)

Meat, poultry and fish processing.

(18)

Off-street parking as required by this chapter.

(19)

Public utility booster or relay stations, transformer substations, transmission lines and towers, and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewerage installations.

(20)

Conservation areas.

(21)

Game preserves.

(22)

Accessory uses as defined.

(23)

Signs as permitted by Article VII of Chapter 22 of the Dinwiddie County Code.

(24)

Reserved.

(25)

Reserved.

(26)

Public airports with, if needed, one security dwelling unit.

(27)

Governmental offices.

(28)

Communication tower with station, with a conditional use permit.

(29)

Compounding, manufacturing and assembly of printing inks and related products.

(30)

Manufacturer's outlet stores in association with on-site manufacturing.

(31)

Component assembly and product distribution.

(32)

General and cogeneration of electricity to exclude the burning of municipal solid wastes (MSW) as a source of fuel.

(33)

Machinery and parts manufacture, including casting of ferrous and nonferrous metals through the use of an electric furnace and metal fabrication and associated tasks enclosed and housed in such a manner that no noxious fumes and odors are expelled into the atmosphere.

(34)

Processing, blending, and packing green and redried tobaccos.

(35)

General contractors, to include sheet metal, heating, ventilation and air conditioning, general construction, and any other fitting this definition at the discretion of the zoning administrator.

(36)

Indoor athletic and fitness facilities.

(37)

All uses permitted in M-1.

(38)

Public utility generating facility, with a conditional use permit.

(Code 1970, § 17-77; Ord. of 3-17-82; Ord. of 3-16-83; Ord. of 1-18-84; Ord. of 12-16-87; Ord. of 2-15-89; Ord. of 5-17-89; Ord. of 8-16-89; Ord. of 6-21-90; Ord. of 11-7-90; Ord. of 6-19-91; Ord. of 10-4-95; Ord. of 9-4-96; Ord. of 10-7-98; Amend. of 3-1-05; Ord. of 9-15-15 [A-15-5], § (1); Ord. of 12-19-17 [A-17-4], § (1))

Editor's note— Ord. of Feb. 15, 1989, added a new permitted use designated as subsection 22-223(29); said provision has been redesignated as subsection 22-223(31) by the editor, in order to avoid duplication of subsection designations.

(a)

Before a building permit shall be issued or construction commenced on any permitted uses in industrial district M-2, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study. The administrator may refer these plans to the planning commission for its recommendation. Modifications of the plans may be required.

(b)

Permitted uses in industrial district M-2 shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence or an evergreen hedge six feet in height. Public utilities and signs requiring natural air circulation, unobstructed view or other technical consideration necessary for proper operation may be exempt from this provision. This exception does not include storing of any materials.

(c)

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

(d)

Sufficient area shall be provided to adequately screen permitted uses from adjacent business and residential districts and for off-street parking of vehicles incidental to the industry, its employees and clients.

(e)

Automobile graveyards and junk yards in existence at the time of the adoption of the ordinance from which this chapter derives [August 5, 1964] are to be considered as nonconforming uses. They shall be allowed up to three years after adopted of such ordinance in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence or an evergreen hedge six feet in height. ^[5]

(f)

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

(Code 1970, § 17-78)

For permitted uses in industrial district M-2 utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Code 1970, § 17-79)

Buildings in industrial district M-2 shall be located ten feet or more from any street right-of-way which is 50 feet or greater in width, or 35 feet or more from the center line of any street right-of-way which is less than 50 feet in width, except that signs may be erected up to the property line, however, such signs shall not block the view of traffic from a roadway. This shall be known as the "setback line."

(Code 1970, § 17-78; Ord. of 12-19-17 [A-17-4], § (1))

For permitted uses in industrial district M-2, the minimum side yard adjoining or adjacent to a residential or agricultural district shall be at least ten feet. The side yard of corner lots shall be at least 20 feet or more. Off-street parking and loading spaces shall be in accordance with the provisions contained in this chapter.

(Code 1970, § 17-81; Ord. of 9-21-94)

Buildings may be erected up to a height of 35 feet in industrial district M-2. For buildings over 35 feet in height, approval shall be obtained from the administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers or their accessory facilities not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.

(Code 1970, § 17-82)

Buildings or groups of buildings with their accessory buildings in industrial district M-2 may cover up to 70 percent of the area of the lot.

(Code 1970, § 17-83)

The planned industrial district is intended to permit, in accordance with the comprehensive plan the development of a planned industrial district containing not less than 500 contiguous acres in those areas of the county served by public sanitary sewer and water supply. The district shall be located within one and one-half miles of an interchange of a limited access highway, and be served by dual railroad access. The location of any compatible commercial facility deemed appropriate shall be controlled in such a manner as to exist solely for such district. It is the intention of this district to preserve the land in the district for industrial uses while minimizing its impact on the characteristics of adjacent areas. Development standards within this district are intended to promote the appropriate use of land, protection against overcrowding of land, the compatibility of the development with adjacent land uses, the health, safety, and welfare of citizens and the aesthetics of the development to encourage good design and arrangement of facilities for the creation of an attractive and harmonious community.

(Ord. of 10-1-97)

(a)

The following uses are permitted in the PMD, planned industrial district:

(1)

Agriculture.

(2)

Forestry.

(3)

Public utility booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewage installations.

(b)

The following uses may be permitted by conditional use permit in the PMD district, subject to the provisions of this chapter:

(1)

The manufacturing or assembly of electrical appliances, instruments and devices, communication equipment, professional scientific and control instrumentation and photographic and optical goods.

(2)

Melting, reprocessing, rolling, drawing, extruding, casting, and forging of ferrous and nonferrous metals and plastics.

(3)

Commercial and service facilities whose function(s) are solely oriented to the needs of the industries located in the industrial district.

(4)

Underground facilities for pipelines, electrical power and energy, distribution lines, telephone and telegraph.

(5)

Dwellings for resident watchmen and caretakers employed on the premises.

(6)

Telecommunications tower.

(7)

Public utility generating facility.

(Ord. of 10-1-97; Ord. of 2-4-98; Ord. of 9-15-15 [A-15-5], § (1))

(1)

Processes and equipment employed, and materials or goods used in manufacture and/or storage, shall be limited to those which are not objectionable at the property line by reason of odor, dust, smoke, fume, noise, vibration, refuse matter of water-carried waste.

(2)

All principal uses shall be conducted within a fully enclosed building with storage of raw, in process, or waste material, either undercover or within a containment area designed to capture fluids. Finished or semi-finished products manufactured on the premises may be stored in the open if appropriately screened from the public street by landscaping, fences, walls, or berms.

(3)

Each proposed industrial occupant shall be required to submit to the zoning administrator as a part of the application for a building permit, a report by a licensed engineer describing the proposed operation, including without limitation, all machines, processes, product and by-product, stating the nature and expected levels of emission or discharge to land, air or water of liquid, solid or gaseous effluent and electrical impulses under normal operations, and the specifications of treatment mechanism and methods to be used in restricting the emission of dangerous or objectionable elements.

(Ord. of 10-1-97; Ord. of 2-4-98)

(1)

Street access. The primary access to an PMD district shall be directly from either a major access road, major collector, major arterial or minor arterial roadway as designated on the county thoroughfare plan. All streets within the industrial district which are not be taken into the state system shall be built to a standard which will accommodate the weight load and volume of vehicles anticipated.

(2)

Public water and sewer. Any development within this district shall be served by public water and sewer or by such other means as acceptable to the Dinwiddie County Water Authority and/or the Virginia Department of Health. A preliminary utilities plan shall be submitted for approval to the director of planning and the Dinwiddie County Water Authority as a part of preliminary development plans. This shall show the size and the proposed location of all exterior lines and equipment. Control instrumentation and substations, which must be screened by appropriate planting or an ornamental wall.

(3)

Utility lines underground. All utility lines such as electric, gas, telephone, CATV, or other similar lines shall be installed underground except in those situations in which the planning department determines such a requirement is not feasible or practical. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within the project. Control instrumentation, substation and similar aboveground equipment installation must be screened by planting or by an ornamental wall.

(4)

Exterior lighting. Major structures and detached signs located in planted areas may be floodlighted or spotlighted, providing such lights are not directed toward any other districts, highways or streets. Parking lot or loading area lights, if located near screening strips adjacent to residential or agricultural districts shall be shielded to direct lights away from adjacent areas.

(5)

Parking and loading areas. Additional parking and loading spaces shall be provided off-street for all employees and visitors to the building in excess of the minimum requirements of section 22-237 of this chapter, if determined to be necessary by the zoning administrator.

(6)

Signage. Signage should be in accordance with the provisions of article 7 of this chapter.

(Ord. of 10-1-97; Ord. of 2-4-98)

(1)

Preservation of topographic features and natural amenities such as wetlands, watercourses and trees shall be required, with the objective of achieving maximum compatibility among the proposed industrial facility, the district and the surrounding areas.

(2)

A landscaped buffer at least 100 feet in depth shall be provided along the perimeter of the district, and a 50-foot buffer shall be provided along both sides of all interior property lines.

(3)

With the exception of access roads, no roads parking or buildings shall be permitted within the required landscaped buffer. No storage of material or products shall be permitted in the required landscaped buffer area.

(Ord. of 10-1-97; Ord. of 2-4-98)

Notwithstanding any other requirements in this chapter, height, area and yard requirements shall be provided in accordance with the following:

(1)

Building shall not exceed 90 feet in height with the exception of the melt shop which may be constructed to a height of 150 feet in height and the air processing tower which may be constructed to a height of 165 feet in height.

(2)

The minimum district size shall be 500 acres. Smaller parcels may be zoned and added to a PMD district where the parcel adjoins and has a common boundary with the PMD district and is at least five acres in size. Such five acre minimum size limit shall not apply to an addition to the PMD district with [when] the addition is for expansion of an existing industrial facility.

(3)

The minimum ground coverage of any principal building shall be 10,000 square feet. Accessory or auxiliary buildings and/or structures are not included in this requirement.

(4)

The maximum ground coverage of any lot by structure, including accessory structures, shall not exceed 40 percent of the total area of the lot. Enclosed portions of off-street loading areas under roof shall not be included in computation of ground coverage of structure.

(Ord. of 10-1-97; Ord. of 2-4-98; Ord. of 2-3-99)

Landscaping and site plans shall be submitted and approved for each development within the PMD district. In order to ensure that the project is being developed in accordance with the requirements of this chapter, a conceptual master plan for the entire development shall be submitted with each site plan. Each master plan shall be provided a cumulative summary of the amount and types of uses, if any, preceding the proposed development and any changes proposed for uses then in effect. Site and landscape plans shall be submitted and approved prior to the issuance of a building permit.

(Ord. of 10-1-97; Ord. of 2-4-98)

Any uses in existence prior to the adoption of the division shall be considered nonconforming and are subject to article VI of this chapter.

(Ord. of 10-1-97; Ord. of 2-4-98)

The purpose of the planned unit development district is to promote efficient use of land, allow flexible application of development controls, allow various densities and land uses, protect surrounding property and protect the natural features and scenic beauty of the land. This shall be accomplished by permitting a wider range of densities and uses to be developed in accordance with a master plan which allows for clustering of uses or densities in various areas of the site.

(Ord. of 8-2-05)

The planned unit development district shall be categorized as commercial (PUD-C), and upon approval of the master plan by the board of supervisors, this designation shall be the zoning district of the parcel.

(Ord. of 8-2-05)

(a)

Required documents. The applicant shall submit the following documents to the zoning administrator for submission to the planning commission:

(1)

Application for rezoning.

(2)

Master plan, 20 copies, 12 submitted with application for rezoning with balance of copies submitted at the request of staff in preparation for planning commission review.

(3)

Community impact statement to be submitted with final plan as defined in section 22-234.6, for any planned unit development containing 50 or more acres, 20 copies, 12 submitted with final plan with balance of copies submitted at the request of staff.

(b)

Master plan. The master plan shall be prepared by a licensed surveyor, engineer, architect, landscape architect or planner. A scale may be used so that the entire parcel can be shown on one piece of paper no larger than 30 inches by 48 inches. It shall include:

(1)

An inset map at a scale of not less than one inch to one mile showing the property in relation to surrounding roads, subdivisions or major landmarks.

(2)

A north arrow.

(3)

The location of existing property lines, watercourses or lakes, wooded areas and existing roads which are within or adjoin the property.

(4)

The approximate boundaries of each section, land use or density, the approximate location of proposed streets and rights-of-way with an indication of whether public or private; the approximate location of recreation areas and common open space areas; and all areas proposed for dedication to public use within the project. Common open space shall be located so as to enhance the living environment of the proposed development. Generally this shall mean that the common open space shall be distributed throughout the site in moderate-sized, concentrated, contiguous areas and not aggregated in large areas that provide little or no benefit to the individual uses or the development at large.

Each section or area of the master plan shall be designated as follows:

For purposes of this article, the term "common open space area" shall refer to any tract of land intended to be used in common primarily by residents of the planned unit development.

(5)

As marginal data it shall contain a table which shows, for each section or area of different uses, the following:

a.

The use;

b.

Approximate development phasing; and

c.

Maximum acreage of each use.

(6)

Schematic plans which shall indicate the phasing of development and master water, sewer and drainage plans.

(7)

A statement satisfactory to the county attorney on the guarantees and assurances to be provided for the maintenance of common open space, recreation areas, sidewalks, parking, private streets, and other privately owned but common facilities serving the project.

(c)

Community impact statement. The community impact statement shall describe the probable effects of the proposed development upon the community. At a minimum, it shall address the following topics:

(1)

Adequacy of existing public facilities and services to serve the development. Analysis shall be made of sewer, water, fire stations and other major locally financed facilities.

(2)

Additional on-site and off-site public facilities or services which would be required as a result of the development.

(3)

A traffic impact study shall be prepared by an individual or firm qualified to conduct traffic engineering studies in a manner and form acceptable to the planning director. Such study shall address projected traffic generation, internal and external traffic, turning movements and distribution at each access point, traffic distribution, capacity of surrounding roads, and road and access improvements.

(4)

Impact of construction and permanent changes in land use upon surrounding property, such as aesthetics, vegetation, stormwater drainage, noise and air or water pollution.

(Ord. of 8-2-05)

Submittal of a master plan and subsequent revisions proposed by the applicant to the planning commission shall be accompanied by a fee as specified in section 22-23.

(Ord. of 8-2-05)

(a)

Report of the planning director. The planning director may refer copies of the master plan to other local public officials for their comments. Within 30 working days of the receipt of the application and accompanying documents, the planning director shall prepare a report with recommendations regarding the application. A copy of the report shall be sent to the applicant. The application, master plan, and report of the planning director shall be placed on the agenda of the planning commission at its next regularly scheduled meeting.

The report of the planning director shall include, but not necessarily be limited to, the following:

(1)

Evaluation of the proposed density and uses at the site in relation to the County's Comprehensive Plan.

(2)

Evaluation and recommended changes in the design of land use, circulation and densities shown on the master plan of the property.

(3)

Impact of the proposal on surrounding property and the environment.

(4)

Recommendations regarding the dedication of property or facilities for public use.

(5)

Final recommendations regarding approval of the application and master plan or changes which are necessary.

(b)

Consideration by the planning commission and board of supervisors. The procedures for public hearing and consideration by the planning commission and board of supervisors shall be as set forth in section 22-5. The board of supervisors, if it approves the master plan, may impose conditions to such approval.

Upon approval of the master plan by the board of supervisors, the planned unit development district is deemed established. Thereafter, all amendments to the master plan shall be in accord with section 22-5 of this chapter. The master plan shall guide the general location of all features shown therein, including land uses, densities, roads, public uses and other features. Approved final plans, provided for in section 2-234.6, shall supersede the master plan and schematic plans. The zoning administrator shall not issue any certificate of occupancy until the applicant has guaranteed the completion of public improvements, including, but not limited to, public roads, public water and public sewer facilities, shown on the final plan by providing either a letter of credit, certified check, cash escrow, cash payment or other surety, approved by the county attorney.

(Ord. of 8-2-05)

Following the establishment of a planned unit development district and approval of the board of supervisors of a master plan, the applicant shall furnish to the planning commission twelve copies of a final plan of any part or section of the community shown on the master plan. The term "final plan" shall mean site plan or subdivision plat. Final plans shall be submitted for review in accord with article X of this chapter or the county's subdivision ordinance. The final plans shall be consistent with the master plan as approved, but may alter to any degree which the planning commission believes does not alter the basic concept or character of the development. The planning commission may make this determination using conceptual preliminary plans. If the variations are approved at the conceptual preliminary plan level, final plans shall be consistent with the variations approved by the planning commission.

(Ord. of 8-2-05)

Where land is to be subdivided within the district, the final plan shall comply with the county's subdivision ordinance. Where land is not to be subdivided within the district, final plans shall comply with article X of this chapter. All final plans shall show the different types of open areas and other public or community amenities, and proposed use of all buildings and of all areas dedicated for public or private common use.

(Ord. of 8-2-05)

Submittals of a site plan or preliminary subdivision plat implementing any portion of an approved master plan shall be accompanied by a fee in accord with section 18-13.

(Ord. of 8-2-05)

Final plans submitted pursuant to section 22-234.6 shall be approved or disapproved in accordance with article X of this chapter or in accordance with the county's subdivision ordinance.

(Ord. of 8-2-05)

Planned unit development districts shall be located on a single parcel of land or separate but contiguous parcels which are under one ownership or control and which shall total not less than five acres.

(Ord. of 8-2-05)

Planned unit development districts shall be so located and developed that they will not exceed the capacity of the adjacent roads which will serve the property or the capacity of public sewer and water systems in the event connections to them are proposed, unless the applicant shall dedicate right-of-way, contribute to the construction of new facilities or create such facilities to the extent of his fair share of such as the percentage of his land developed and so served. The rate of development shall not exceed the rate of construction and increasing capacity of the limiting facility.

(Ord. of 8-2-05)

(a)

A minimum of 20 percent of the gross area of any planned unit development district shall be retained in open space. This may include common open areas, perimeter open space, buffers between various uses or densities, public open space, recreation areas, easements, areas of excessive slopes, low lying areas, marshes or historic sites or other features which will enhance the value of the site, reduce adverse impacts and otherwise be an asset to the community.

(b)

Common open space areas shall be protected by assurances, satisfactory to the county attorney that set forth the provisions made for the permanent care and maintenance of such property. Easements or covenants shall establish the rights of two abutting properties where main buildings are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's building for purposes of essential maintenance and service.

(Ord. of 8-2-05)

Additional land area may be added to an existing planned unit development if it is adjacent to (land separated by public roads are considered adjacent), forms a logical addition to and if the addition will come under common ownership or control as the original parcel. The procedure for an addition shall be the same as if an original application were filed, and the requirements of this article shall apply, except the minimum acreage requirement.

(Ord. of 8-2-05)

(a)

Structures may be erected up to 60 feet in height from grade to the top of the structure, including all cupolas, monuments, flagpoles, electrical, plumbing, elevator, water tank or other accessory functions which are part of the structure and, accessory and nonaccessory wireless communications facilities.

(b)

A structure in excess of 60 feet may be erected only upon the granting of a height limitation waiver by the board of supervisors.

Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver upon finding that:

(1)

Such structure is in accordance with the uses, densities, design and traffic analysis shown on the original master plan;

(2)

Such structure will not obstruct natural light from adjacent property;

(3)

Such structure will not impair the enjoyment of historic attractions and areas of significant historic interest and surrounding developments;

(4)

Such structure will not impair property values in the surrounding area;

(5)

Such structure is adequately designed and served from the standpoint of safety, and the county fire chief finds that the fire safety equipment to be installed is adequately designed and that the building is reasonably well located in relation to fire stations and equipment, so as to offer adequate protection to life and property; and

(6)

Such structure would not be contrary to the public health, safety or general welfare.

(Ord. of 8-2-05)

(a)

Water and sewer. Except as set forth herein, all structures and uses within a planned unit development district shall be served by public water and public sewage systems. Extensions and expansions of public utilities to serve the development shall be governed by the regulations and policies governing service of the appropriate public agency. Structures and uses may be permitted to temporarily operate on individual well and septic systems provided the following conditions are met:

(1)

The structure or use shall not be within the minimum connection distance for public utilities as determined by the Dinwiddie County Water Authority ("authority");

(2)

Individual wells shall be approved by the health department and the director of code compliance prior to preliminary site plan approval;

(3)

Individual septic tank systems shall be approved by the health department prior to preliminary site plan approval;

(4)

The structure or use shall connect to public utilities within 30 days of the date that such facilities are constructed within the minimum connection distance for public utilities as determined by the authority;

(5)

Extensions and/or expansions of public water and/or sewer to serve the structure or use are being planned or constructed by the developer or the appropriate public agency. Such extensions and/or expansions shall be within the minimum connection distance for public utilities as determined by the authority. If such extensions and/or expansions are being planned and constructed by the developer, their construction shall be guaranteed by surety, letter of credit, cash escrow or other form of guaranty approved by the county attorney;

(6)

The Fire Marshal of Dinwiddie County shall determine that there is adequate fire protection for the proposed structure or use; and

(7)

The foregoing not withstanding, the structure or use shall connect to public utilities within three years from the date of final site plan approval.

(b)

Parking. Off-street parking facilities shall be provided in accordance with the off-street parking requirements of section 22-237.

(c)

Street. All streets shall meet the requirements of the Virginia Department of Transportation or the requirements of the county subdivision regulations, whichever is greater. Such streets shall be coordinated with the major transportation network shown in the county comprehensive plan. The construction of streets, whether public or private, shall be guaranteed by appropriate surety, letter of credit, cash escrow or other form of guaranty approved by the county attorney and environmental director. Private streets may be permitted upon the approval of the board of supervisors.

(d)

Fire hydrants. Fire hydrants shall be at locations and of types approved by the authority and county fire chief. No structure within the district shall generally be further than 400 feet from a hydrant.

(e)

Streetlights. Streetlights shall generally be provided at each intersection and adequately spaced in parking lots and other public areas. The lighting shall be directed so as not to produce objectionable glare on adjacent property or into residences near the development. No lighting fixture shall exceed a height of 30 feet.

(f)

Drainage facilities. Facilities for the adequate control of stormwater drainage and erosion and sedimentation shall be provided in accordance with the Virginia Erosion and Sediment Control Handbook and the Virginia Department of Transportation Drainage Manual.

(g)

Natural features and amenities. Existing features which would add value to the development or to the county as a whole, such as trees, watercourses, historical sites and similar irreplaceable assets, shall be preserved to the maximum extent possible.

(h)

Signs. To assure an appearance and condition which is consistent with the purposes of the planned unit development district, outdoor signs or the properties within the district shall comply with the regulations for exterior signs in section 22-200, except the board of supervisors may grant a sign waiver upon finding that a unique signing system contributes significantly to the character of the planned community.

(Ord. of 8-2-05)

(a)

Peripheral setbacks. Any planned unit development district approved under this article, shall adhere to the following setback requirements:

(1)

Commercial. For commercial uses a minimum landscape setback of 50 feet shall be maintained from all property lines adjoining a different zoning district which abut the site and/or existing or planned public roads or properties that are peripheral to the planned unit development district.

(2)

Light industrial. For industrial uses a minimum landscaped setback of 75 feet shall be maintained from all property lines adjoining a different zoning district which abut the site and/or existing or planned public roads or properties that are peripheral to the planned unit development district. Where industrial structures adjoin an existing residentially zoned district, the minimum landscaped setback shall be increased to 125 feet.

(b)

Internal setback requirements for industrial uses. A minimum setback of 50 feet shall be required from streets which are internal to the site for any industrial structure.

(c)

Yard regulations. Except for setbacks specified in subsections (a) and (b) above, there shall be no minimum lot size nor minimum front, side or rear yard requirements for any lot within a planned unit development district other than as specified in approved final plans.

(d)

Parking restrictions in setbacks. Landscape setbacks shall not be used for streets or for parking except for entrances which may penetrate the setback.

(Ord. of 8-2-05)

(a)

In the planned unit development district (PUD-C), all structures to be erected or land to be used shall be for the following uses:

(1)

Commercial uses:

Banks and other similar financial institutions.

Barber, beauty shops and spas.

Business and professional offices.

Indoor theaters.

Medical clinics or offices.

Motels, hotels and resort facilities.

Museums.

Photography studios and sales, artist and sculptor studios, arts and crafts and handicraft shops, antique shops, reproduction and gift shops.

Plants and garden supply, hardware and paint, and home appliance sales and service, with storage in a fully enclosed building.

Post offices.

Restaurants, tea rooms and taverns.

Retail and service stores.

Retail food stores, bakeries, fish markets.

Wireless communications facilities that utilize alternative mounting structures, or are building mounted, or are camouflaged.

(2)

Light industrial uses:

Printing and publishing.

Processing, assembly and manufacture of light industrial products or components, with all storage, processing, assembly and manufacture conducted in a fully enclosed building, with no dust, noise, odor or other objectionable effect.

Research, design and development facilities or laboratories.

Wholesale and warehousing, with storage in a fully enclosed building.

(b)

In the planned unit development district, (PUD-C), all structures to be erected or land to be used for the following uses shall be permitted only after the issuance of a conditional use permit by the board of supervisors.

(1)

Tower mounted wireless communication facilities.

(2)

Water facilities (public) and sewer facilities (public), including but not limited to, treatment plants, pumping stations, storage facilities and transmission mains, wells and associated equipment such as pumps to be owned and operated by political jurisdictions. However, the following are permitted generally and shall not require a special use permit.

a.

Private connections to existing mains, that are intended to serve an individual customer and are accessory to existing or proposed development, with no additional connections to be made to the line;

b.

Distribution lines and local facilities within a development; including pump stations.

(3)

Event facility.

(Ord. of 8-2-05; Ord. of 8-17-21(5) [A-21-7], § (1))

All commercial and light industrial areas within the district shall have safe and convenient access onto a collector street or major thoroughfare. Turning lanes of sufficient length may be required to be built and dedicated by the developer.

(Ord. of 8-2-05)

If light industrial uses specified in subsection 22-234.17(a)(2) above are included within the district, they shall be located in well planned light industrial areas and so designated on the master plan. All light industrial activities shall be of a nature and so conducted that the effects of noise, dust, light or odor shall not extend beyond the limits of the light industrial area of the district.

(Ord. of 8-2-05)

(a)

The purpose of the Mixed Use District (MU) is to implement the comprehensive plan goals by promoting economic growth in the comprehensive plan designated-planned growth areas of the county while providing a variety of housing types for different income levels to accommodate future population growth.

(b)

The MU is intended to promote compact, mixed use development within the county's urban and planned growth areas, as shown on the County's Comprehensive Plan, especially along major roadways and near major street intersections; traditional neighborhood design that integrates a mix of uses including commercial, residential, civic, and open space uses, including (i) a variety of housing types to accommodate households of all ages and incomes; (ii) a system of interconnected streets with sidewalks, bikeways, and transit accommodations and the connection of those streets to existing streets and developed areas; and (iii) higher density development while preserving significant buildings and environmental features and incorporating such items into the design of the new development(s).

(Ord. of 5-15-12, § 1)

To the extent that regulations and/or requirements for the MU district conflict with those for the underlying zoning district, the regulations and/or requirements of this division shall control, unless expressly provided otherwise.

(Ord. of 5-15-12, § 1)

(a)

The uses allowed within areas zoned MU shall be as follows:

(1)

All uses allowed by-right in R-1, R-1A, R-2, B-1, B-2, or B-3 shall be allowed by-right in the MU district. If a use is allowed by-right in one district but requires a conditional use permit in another, the use will be allowed by-right in the MU district.

(2)

Any use allowed by conditional use permit in at least one of the zoning districts listed in (a)(1) above, but allowed by-right in none of such zoning districts shall be allowed by conditional use permit in the MU district.

(3)

The supplementary district regulations set forth in Article V of Chapter 22 of the Dinwiddie County Code shall apply to the MU district, in addition to any applicable performance standards set forth in this division, unless specifically exempted or modified in this division.

(4)

All development and redevelopment in the MU district shall require approval of a site plan, and if applicable to the development, a preliminary and/or final plat, as provided in section 22-234.46 herein.

(Ord. of 5-15-12, § 1)

(a)

A mix of land uses is required to achieve the proximity of activities necessary to create a walkable neighborhood. A mixed use development shall consist of a mix of residential uses and unit types, commercial uses and open space subject to compliance with an approved site plan. For the purposes of this division, "commercial" means property devoted to usual and customary business purposes for the sale of goods and services and includes, but is not limited to, retail operations, hotels, motels and offices. "Commercial" does not include residential dwelling units, including apartments and condominiums, or agricultural or forestal production, or manufacturing, processing, assembling, storing, warehousing, or distributing.

(b)

A harmonious coordination of uses, architectural styles, signs and landscaping shall be provided to ensure the aesthetic quality and value of the development.

(c)

Residential mix requirements.

(1)

No more than 90 percent of the net development area of a mixed use development shall be residential. For purposes of this division, "net developable acres" or "net developable area" shall mean total acres less the acreage of roads and utilities.

(2)

Each mixed use development shall include a minimum of two different housing types.

(3)

No more than 70 percent of the total number of units in a mixed use development shall be any one type (single-family detached, single-family attached, multifamily, townhouses, etc.).

(4)

The residential housing shall be located within 0.25 mile (1,320 feet) of some type of dedicated open space of the community.

(5)

Residential dwelling units shall be permitted within the same buildings as other permitted uses provided that such dwelling units shall be located above the ground floor (floor at street level) of the building so as not to interrupt the commercial frontage in the district.

(Ord. of 5-15-12, § 1)

The minimum area required for a mixed use development shall be five contiguous acres of land.

(Ord. of 5-15-12, § 1)

(a)

The density requirements in the MU district shall be as follows. Pursuant to section 22-234.31 above, they supersede those of the underlying zoning district:

(b)

The dimensional requirements in the MU district are as follows. Pursuant to section 22-234.31 above, they supersede those of the underlying zoning district:

¹  Maximum setback requirements do not apply to buildings existing at the time of application of the Ordinance to a parcel.

²  Roll-out awnings and similar temporary projections may extend to within five feet of the edge of the street provided that no less than 7.5 feet of vertical clearance is provided to permit walking under the awning by pedestrians.

³  There shall be no minimum rear yard setback requirement for multifamily dwellings, commercial buildings, or mixed use buildings if they are located within 75 feet of a common open space designed and improved as a plaza, square, green, or landscaped courtyard.

⁴  Architectural features such as chimneys, towers, cupolas, monuments, mechanical equipment, vents, spires, and/or similar architectural features shall not count toward the height limits. In no event shall such additional architectural features have a maximum height more than 25 feet of the maximum height that is otherwise allowed.

⁵  These maximum building height limits shall not apply to telecommunications facilities including antennas, poles, towers, and necessary mechanical structures. Telecommunications facilities in the MU district shall continue to be regulated by Article IX of Chapter 22. They shall be screened from view to the extent possible while not impeding the use thereof.

(Ord. of 5-15-12, § 1)

(a)

Principal buildings must have a primary entrance door oriented towards the street or adjacent plazas, parks, squares, sidewalks or pedestrian walkways. Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.

(b)

Building facades greater than 100 feet in length shall incorporate recesses, projections, porches/arcades, and/or windows along at least 20 percent of the length of the façade if located on main streets.

(c)

The first floor (street level) of all street facing commercial buildings must have 40 percent or more of their façade between two and eight feet in height comprised of windows that allow views of indoor space or product display areas.

(d)

Buildings having automobile/vehicular oriented uses such as fueling stations, repair garages, and uses with drive-through windows serving or associated with permitted uses shall have such uses be located to the side or rear of the principal structure and such uses shall not project into the front setback for the principal structure. In no case shall the drive through lane or window, or gas pump canopy abut or face a public street.

(Ord. of 5-15-12, § 1)

The following accessory structure requirements shall supplement and modify the generally applicable accessory structure requirements found in Chapter 22 of the Dinwiddie County Code.

(a)

Accessory structures shall be permitted within a mixed use development provided such structures meet the following requirements:

(1)

Accessory structures shall meet the minimum front, side, and rear yard setback requirements stipulated for the applicable principal building type in section 22-234.35 herein.

(2)

Accessory structures shall not be constructed in front of the principal building on a site.

(3)

Accessory structures shall not block or limit ingress to or egress from the site itself or any buildings on the site.

(b)

Temporary outdoor seating arrangements shall be considered accessory uses for purposes of a mixed use development. They may be located within the front setback and may utilize a portion of the required sidewalk provided that five feet of unimpeded way remains at all times.

(c)

Outside storage areas for materials, equipment, or trash shall be considered accessory uses for purposes of a mixed use development. They may not exceed 40 percent of ground floor building area, shall be located in side or rear yards adjacent to the principal building, and shall be screened from view of adjacent streets and/or adjacent property. For purposes of this section, "screened from view" means not visible by someone standing at ground level from outside of the property on which the storage area is located.

(Ord. of 5-15-12, § 1)

(a)

Any development site that consists of five net developable acres or greater must include dedicated open space that is equal to at least ten percent of the area of the net developable acres.

(b)

At least 60 percent of the minimum required open space must be improved as a plaza, square, or green with amenities that reflect the intended demographics of the development.

(c)

The remaining space may be arranged in any manner deemed appropriate and may include perimeter buffers, planters, parking islands, stormwater detention/retention facilities, and other landscape or natural features, including natural water features. Community gardens, including plots that are made available with or without a fee to residents, are allowed as part of the development.

(d)

Ownership and maintenance of the open space shall be by one or more property owners' association(s) ("POA") which shall be established by the developer of the mixed use development. POA membership shall be mandatory for all property owners within a MU and shall be required as a covenant in all deeds to property in the MU district. A mixed use development may have a residential POA and a commercial POA.

(e)

Other common elements that will not be publicly owned including, but not limited to, recreation areas, plazas, alleys, roads, parking, sewer, water, and stormwater management facilities shall be subject to a form of ownership established in private easements acceptable to the county and shall be subject to a private maintenance agreement acceptable to the county.

(Ord. of 5-15-12, § 1)

The following landscaping, buffers and screening requirements shall supplement and modify the generally applicable landscaping, buffers and screening requirements found in Article XII of Chapter 22 of the Dinwiddie County Code.

(a)

One street tree shall be provided on both sides of the street for every 30 feet of street frontage on all streets in the MU district.

(b)

Street trees shall be planted no more than ten feet from rights-of-way and shall be a minimum of two and one-half-inches in diameter at time of planting as measured at six inches from ground level.

(Ord. of 5-15-12, § 1)

The following sidewalk requirements shall supplement and modify the generally applicable sidewalk requirements found in Chapter 22 of the Dinwiddie County Code.

(a)

Sidewalks shall be installed along all building entrances and along both sides of all streets inclusive of residential, public and commercial uses.

(b)

All sidewalks located along primary commercial and mixed use building entrances utilized for the general public shall be a minimum of eight feet wide.

(c)

Where outdoor seating i.e., restaurant seating, is provided on a sidewalk, sidewalks shall be a minimum of 16 feet wide.

(d)

All other required sidewalks shall be no less than five feet wide.

(Ord. of 5-15-12, § 1)

(a)

The preservation of historic structures and sites including the adaptive reuse of historic structures is encouraged.

(b)

The setback and arrangement requirements that apply to new construction in the MU district shall not apply to historic structures in their historic setting, as provided in section 22-234.35 herein.

(c)

Historic structures, to the extent such structures are nonconforming by reason of size, shape arrangement, or location may be expanded or enlarged as a part of the adaptive reuse of such structures provided that the expansion or enlargement substantially preserves the historic shapes, facades, context, and setting of the historic structure when viewed from public streets.

(Ord. of 5-15-12, § 1)

The following street requirements shall supplement and modify the generally applicable street requirements found in Chapter 22 of the Dinwiddie County Code.

(a)

Streets. The street network in a mixed use development shall be generally in the form of a grid of interconnected streets, alleys, bicycle lanes, and paths/sidewalks/trails modified as necessary to accommodate topography and parcel configuration.

(1)

Generally.

a.

Street design in the MU district shall consist of a series of interconnected streets that form a pedestrian-scaled system of blocks that are in the range of 200—400 feet deep by 300—660 feet long as measured along the centerline of intersecting streets that encompass the block. The maximum block length may be extended where the maximum block length is unfeasible due to steep slopes in excess of ten percent natural grade, arterial streets, waterways, railroads, pre-existing development, conservation areas, stream buffers, cemeteries, open space, or easements.

b.

Proposed streets within new developments shall provide for a continuation of existing, planned, or platted streets on adjacent parcels unless such continuation is prevented by topography or other physical barriers.

c.

Proposed streets within new developments should be built to the narrowest dimensions permitted by the Virginia Department of Transportation (VDOT) and shall generally allow for only two lanes of vehicular traffic, excluding any parking lanes, to ensure safe pedestrian travel and encourage alternative modes of transportation.

d.

If possible, existing two-lane roads should not be widened.

e.

Street design shall provide for the safety of pedestrians and bicyclists.

(2)

"Main street". Within each new development, the developer shall designate an existing or planned roadway within or adjacent to the parcel as a "main street", which is subject to the following requirements:

a.

At least 80 percent of the total first floor (street level floor) area of new development fronting on the street on any parcel shall be devoted to nonresidential uses. Any existing use may continue and may be expanded.

b.

A primary pedestrian way providing no less than eight feet of clear and unimpeded area shall be provided across the front of structures on both sides of the street where applicable that face the main street.

c.

The first floor (street level floor) of buildings along a main street shall maintain 40 percent or more of their façade fronting the main street transparent from the street through the provision of glass windows/doors or equivalent materials/treatments. The façade shall be transparent at a level between two and eight feet above the grade of the abutting sidewalk. The placement of signage shall not reduce the transparency of the façade other than for such small signage as may be required by law or regulation or that provides hours of operation and/or emergency contact information.

d.

In infill situations, the main street(s) of adjacent parcels shall be continued across the infill parcel unless it is demonstrated to the zoning administrator that it is unreasonable to be continued and would not contribute to maintaining community continuity.

(3)

Culs-de-sac.

a.

Culs-de-sac shall not exceed ten percent of the total length of streets in a mixed use development (not including alleys).

b.

When culs-de-sac are necessary or the street network forms blocks greater than 660 feet in length, mid-block pedestrian ways shall be required to ensure pedestrian connectivity.

c.

The use of "U" shaped streets, as an alternative to cul-de-sac designs, is encouraged.

(b)

Crosswalks and medians.

(1)

Crosswalks shall be incorporated within the project at intersections where new streets are proposed, within parking lots, or other needed pedestrian connections, subject to VDOT approval.

(2)

Crosswalks shall be designed to be an amenity to the development, e.g. heavy painted lines, pavers, stamped asphalt/concrete, edges, and other approved methods for emphasizing pedestrian use, including bulb-outs and other pedestrian designs to shorten walking distances across open pavement.

(3)

Medians may be used in appropriate areas to encourage walking and to act as a refuge for crossing pedestrians.

(c)

Alleys.

(1)

The use of rear alleys is encouraged.

(2)

When accessed by a rear alleyway, lots are not required to front on a public street, provided such lots have (i) direct access to a pedestrian way that provides no less than five feet of clear and unimpeded area and (ii) the distance between opposed buildings is a minimum of 30 feet.

(d)

Pedestrian and/or bicycle routes, lanes, or paths. Pedestrian and/or bicycle routes, lanes, or paths shall be provided to connect all uses and reduce motor vehicle use. Separate bicycle lanes shall be a minimum of four feet in width.

(Ord. of 5-15-12, § 1)

Pedestrian scale decorative street lights shall be installed within all areas of a mixed use development subject to the following requirements:

(a)

Street lights shall be between ten and 15 feet in height and shall have a maximum average spacing of 75 feet on center on each side of the street and travel lanes.

(b)

Street lights shall be directed downward to the immediate area being lighted and away from any living quarters in order to minimize light pollution.

(c)

Street lights shall be dark sky compatible and shall be designed and installed to be fully shielded (full cutoff).

(Ord. of 5-15-12, § 1)

The following parking requirements supplement and modify the generally applicable parking requirements found in section 22-237 herein.

(a)

The use of shared parking is encouraged. Shared parking agreements shall be required and shall be approved as part of the site plan approval process.

(b)

The use of on-street parking is encouraged. On-street parking spaces shall be located within 600 feet of the activity they serve and shall be approved by the Virginia Department of Transportation (VDOT). Where on-street parking is approved, the off-street parking requirements shall be reduced accordingly.

(c)

All required off-street parking for commercial and mixed use structures shall be located to the rear and/or side of the building. Loading areas shall adjoin alleys or parking areas to the rear of the principal buildings unless otherwise approved as part of the site plan approval process.

(d)

Off-street and on-street parking areas shall be developed utilizing low-impact development design standards to allow for proper rainwater runoff management, to minimize soil erosion, to minimize land disturbances, and to provide proper stormwater management. Landscaping such as trees, shrubs, grasses, and bioretention areas shall be strategically used to absorb rainwater runoff from impervious parking areas. Infrastructure such as gutters and curbs shall be strategically used with impervious parking surfaces for runoff.

(e)

Bicycle parking may be located in the front, side and rear of buildings.

(f)

For commercial uses, detailed parking demand studies provided by the applicant may be used to ensure that parking requirements are appropriate for the anticipated use.

(Ord. of 5-15-12, § 1)

The following signage requirements shall supplement and modify the generally applicable signage requirements found in Article VII of Chapter 22 of the Dinwiddie County Code.

(a)

Projecting signs. Signs which project from the face of the principal building shall be permitted subject to the following:

(1)

The maximum sign area shall be six square feet on any side of the building.

(2)

The distance from the lower edge of the signboard to the ground shall be eight feet or greater.

(3)

The height of the top edge of the signboard shall not exceed the height of the wall from which it projects for single-story buildings, or the height of the sill or bottom of any second-story window for multi-story buildings.

(4)

The distance from the building to the signboard shall not exceed six inches.

(5)

The width of the signboard shall not exceed three feet.

(b)

Awning signs. Where awnings are provided over windows or doors, awning signage is permitted with the following provisions:

(1)

Maximum of eight square feet of signage area on an awning.

(2)

No backlit awnings are allowed.

(c)

Wall-mounted signs. Wall-mounted signs shall be permitted as follows:

(1)

Wall mounted signs shall not exceed 18 feet in height.

(2)

Wall-mounted signs may encompass a maximum of 1.5 square feet for every 1.0 linear feet of building frontage.

(3)

The total area of a wall-mounted sign may not exceed 150 square feet.

(d)

Freestanding signs. Freestanding business signs shall not exceed ten feet in height and 50 square feet in area.

(Ord. of 5-15-12, § 1)

The following development plan approval process requirements shall supplement and modify the generally applicable development plan approval process requirements found in Article X of Chapter 22 of the Dinwiddie County Code.

(a)

A preliminary site plan or preliminary subdivision plat shall be submitted for all development in the MU district. Such preliminary site plan or preliminary subdivision plat shall comply with all relevant requirements established by the county's zoning, subdivision, and other applicable ordinances.

(1)

Architectural plans containing building elevations from existing and proposed streets rendered in color shall be required as part of the submission.

(2)

In addition to showing the parcel or parcels proposed for development, the preliminary site plan or preliminary subdivision plat shall also show all existing development and utility infrastructure within 250 feet of the proposed development for the purpose of documenting interconnections and designs of streets, entrances, driveways, pedestrian and bicycle facilities, parking, and uses.

(b)

The planning director, zoning administrator, land development committee, and planning commission (when required) shall review individual site or subdivision plans within the MU and shall make specific findings in support of the action taken. Their review shall be guided by the following:

(1)

The general purpose and intent of the county's zoning ordinance, as stated in Dinwiddie County Code section 22-2, and the specific purpose and intent of the MU district, as stated in section 22-234.30 herein.

(2)

The compatibility of the mixed use development plan with the use of the land anticipated by the County's Comprehensive Plan.

(3)

Development in the MU district is intended to involve a mixture of land uses on a pedestrian scale.

(4)

The scale, design, and attention to detail of structures within the mixed use development are compatible with the vision of the Comprehensive Plan.

(5)

Structures are intended to be located close to the street with all parking either located either on-street or to the side or behind structures.

(6)

Sidewalks and sitting areas are intended to be located between streets and buildings.

(7)

Development in the MU district is intended to have provisions for public plazas, greens, parks, and other gathering places.

(8)

The MU district provisions are not intended to create or cause development to have adverse impacts on the health, safety, or general welfare of the general public.

(9)

The proposed mixed use development's level of compliance with applicable Virginia Uniform Statewide Building Code, fire safety, Americans with Disabilities Act, and other applicable legal or regulatory requirements and standards.

(c)

Plans and plats, upon final approval by the land development committee, may be executed in any reasonable phased approach that provides for a rational extension of public infrastructure to serve the phases of the development.

(Ord. of 5-15-12, § 1)

The purpose of this ordinance is to outline the process and requirements for the construction, installation, and operation of solar energy projects in Dinwiddie County in a manner that promotes economic development and ensures the protection of health, safety, and welfare while also avoiding adverse impacts to agricultural lands, endangered species habitats, conservation lands, and other sensitive lands. This division is not intended to replace safety, health or environmental requirements contained in other applicable codes, standards, or ordinances. The provisions of this division shall not be deemed to nullify any provisions of local, state or federal law.

(Ord. of 4-20-21, [A-21-2], § (1))

For the purposes of this division, the following terms shall have the following meanings:

Applicant. Any developer(s), owner(s), and/or operator(s) who submit an application to the locality for a permit to install a solar energy project under this division.

Disturbance zone. The area within the site directly impacted by construction and operation of the solar energy project, plus an additional 100 feet.

Operator. Any person responsible for the overall operation and management of a solar energy project.

Owner. Any person who owns all or a portion of a solar energy project.

Rated capacity. The maximum capacity of a solar energy project based on the sum total of each photovoltaic system's nameplate capacity.

Site. The area containing a solar energy project that is under common ownership or operating control. Electrical infrastructure and other appurtenant structures up to the interconnection point shall be considered within the site.

Solar energy project, project or solar energy farm. A renewable energy project that either:

(a)

generates electricity from sunlight, consisting of one or more photovoltaic (PV) systems and other appurtenant structures and facilities within the boundaries of the site, or

(b)

utilizes sunlight as an energy source to heat or cool buildings, heat or cool water, or produce mechanical power by means of any combination of collecting, transferring, or converting solar generated energy, and

(c)

does not meet any of the following criteria: has a disturbance zone equal to or less than two acres, is mounted on or over a building or parking lot or other previously-disturbed area, or utilizes integrated photovoltaics that blends into the outer surfaces of buildings, roadways and vehicles.

Solar collector. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

Solar energy. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

(Ord. of 4-20-21, [A-21-2], § (1))

The applicant shall submit a narrative identifying the applicant, owner and operator, and describing the proposed solar energy project, including an overview of the project and its location; approximate rated capacity of the solar energy project; the approximate number, representative types and expected footprint of solar equipment to be constructed; and a description of ancillary facilities if applicable. It is required for the applicant to meet with planning staff a minimum of 30 days before submitting an application.

(Ord. of 4-20-21, [A-21-2], § (1))

The site plan shall conform to the preparation and submittal requirements of the Dinwiddie County Code, including supplemental plans and submissions, and shall include the following information:

(1)

Property lines, setbacks and vegetative buffers.

(2)

Existing and proposed buildings and structures, including preliminary locations of the proposed solar equipment.

(3)

Existing and proposed access roads, drives, turnout locations, and parking.

(4)

Location of substations, electrical cabling from the solar systems to the substations, ancillary equipment, building, and structures, including those within any applicable setbacks.

(5)

Fencing.

(6)

Community impact assessment. Additional information may be required, as determined by the planning director, such as a historic resource impact analysis, an environmental resource impact analysis, a traffic impact analysis, a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the planning director to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal.

(7)

Technical review/fees. Applications for utility scale solar energy projects may require a technical review that will be conducted by a consultant selected by the county. Any fees associated with performance of this review will be paid by the applicant.

(Ord. of 4-20-21, [A-21-2], § (1))

An assessment of the impact on the immediate vicinity of the proposed solar project as well as the greater Dinwiddie County community shall be prepared and submitted to the county with zoning map amendment request and/or site plan approval request. The report shall be prepared by a professional acting within his or her competency, shall be presented in written form and shall analyze in specific terms the probable impact of the project on the vicinity and community over time. Specific attention, as may be appropriate to the individual proposal, should be given but not be limited to the following elements:

(1)

Anticipated direct revenues to the county from real estate and personal property taxes.

(2)

An assessment of employment opportunities to be created by the proposed development.

(3)

An assessment of the short and long term economic impact of the proposed development.

(4)

If the development is replacing an existing enterprise, including agriculture and forestry, an assessment of the impact the current enterprise has on the local economy and how the local economy will be impacted by the loss of the existing enterprise.

(5)

Fire, rescue, and law enforcement requirements as compared to existing capacities and facilities.

(6)

Sewer and stormwater management needs as compared to existing capacities and facilities to address:

a.

Adequacy of existing utilities, water, sewer, public services and public facilities in the vicinity of the development.

b.

Public and private improvements both offsite and onsite that are proposed for construction and a cost estimate for providing these improvements.

(7)

Other public and quasi-public facility and service impacts including refuse collection and disposal systems intended to serve the development.

(8)

Socioeconomic changes and impacts to result from the proposed development.

(9)

The costs in both capital and operating funds of providing services to the proposed development.

(10)

What efforts, if any, are proposed to mitigate the service demands or costs to the county.

The planning director may waive certain elements of the community impact assessment where the nature of the proposed development makes such elements inapplicable.

(Ord. of 4-20-21, [A-21-2], § (1))

Electric solar farm components must have a UL listing or equivalent and must be designed with anti-reflective coating(s).

Building and electrical plans for the solar farm shall be submitted to the building official for review and approval to ensure compliance with all applicable building and electrical codes.

(Ord. of 4-20-21, [A-21-2], § (1))

Documentation shall include proof of control over the land or possession of the right to use the land in the manner requested. The applicant may redact sensitive financial or confidential information.

(Ord. of 4-20-21, [A-21-2], § (1))

The applicant shall provide proof of adequate liability insurance for a solar energy project prior to the issuance of a building permit.

(Ord. of 4-20-21, [A-21-2], § (1))

(a)

All solar energy projects shall comply with the following requirements:

(1)

The site shall comply with the following general standards:

a.

All floodplains, wetlands, and steep slopes shall be protected from clearing, grading, filling, or construction, except as may be approved by the planning director for essential infrastructure.

b.

The layout shall be designed to preserve and maintain existing tree lines between fields, pastures, meadows and mature woodlands.

c.

The layout shall be designed to minimize development on open fields and pastures, and building sites shall be preferably located on the least productive agricultural lands that do not contain prime farmland soils or soils of statewide importance.

d.

Existing views from public thoroughfares shall be preserved by setbacks and vegetative buffering.

e.

The layout shall be designed to avoid important historic, archaeological or cultural sites and viewsheds.

(2)

All solar energy projects located in an agricultural field or pasture, shall meet the following additional criteria:

a.

That the property has not been in the agricultural use value program pursuant to section 58.1-3230 and 58.1-3231 of the Code of Virginia during the past five years, or if the property has been in such a program, all penalties and interest payments that may be due to the County have been paid or will be paid by the owner/applicant in accordance with the county code.

b.

The layout shall meet at least one of the following criteria:

i.

A majority of the Site does not contain prime farmland soils or soils of statewide importance; or

ii.

That land of equal area and quality has been or will be cleared and placed in use on the same farm prior to issuance of an occupancy permit; or

iii.

That no reasonable alternatives exist for placement of a solar energy project on the property in question, either because of physical conditions of the property or the size and dimensions of the property.

(b)

In the event the planning director denies an application based upon any of the criteria above, the applicant may appeal the decision to the board of zoning appeals in accordance with the procedures of an administrative appeal as described in section 22-40 of this Code.

(Ord. of 4-20-21, [A-21-2], § (1))

The applicant shall demonstrate through project siting and proposed mitigation, if necessary, that the solar project minimizes impacts on the visual character of features including but not limited to schools, churches, structures with documented historic significance, a scenic landscape, state scenic river, state rural historic district, scenic vista, or scenic corridor as identified in the comprehensive plan.

(Ord. of 4-20-21, [A-21-2], § (1))

Warning signage shall be placed on solar equipment to the extent appropriate or legally required. Solar equipment shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy project. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except as follows: (a) manufacturer's or installer's identification; (b) appropriate warning signs and placards; (c) signs that may be required by a federal agency; (d) signs that provide a 24-hour emergency contact phone number and warn of any danger. Educational signs providing information about the project and benefits of renewable energy may be allowed as provided in the local sign ordinance.

(Ord. of 4-20-21, [A-21-2], § (1))

Noise requirements for solar energy projects shall be no more stringent than noise requirements for other types of development in a commercial zoning category.

(Ord. of 4-20-21, [A-21-2], § (1))

All aspects and components of a solar farm shall meet the minimum zoning setbacks for the most restrictive zoning district of the properties surrounding the site or as required by conditional use permit requirements for buffering.

(Ord. of 4-20-21, [A-21-2], § (1))

All solar farms shall be fenced at a minimum around the exterior of the solar collector areas with a fence which shall be at least six feet in height. The planning director may require fencing to be placed on the solar energy farm in a manner as to allow wildlife corridors through and around the project site.

All fencing shall be constructed so as to substantially lessen the likelihood of entry into a solar farm by unauthorized individuals.

The fencing required hereunder shall be maintained in good condition. Failure to maintain the fencing required hereunder shall constitute a violation of this division.

The fencing requirements specified hereunder shall continue notwithstanding the fact that a solar farm is no longer operational and/or falls into disuse unless and until the solar farm is dismantled and removed from the parcel or parcels of land upon which it was constructed.

(Ord. of 4-20-21, [A-21-2], § (1))

The maximum height for all solar collector equipment shall be 18 feet.

(Ord. of 4-20-21, [A-21-2], § (1))

A continuous vegetative buffer shall be present and maintained at all times around the perimeter of the exterior of the fencing which is required around the perimeter of the solar farms. Layout of the vegetative buffer shall be depicted on the site plan.

The vegetative buffer shall be composed of trees or shrubs of a type which at planting shall be a minimum of four feet in height and which shall be maintained at maturity at a height of not less than six feet in height and screen the project site from surrounding properties during all seasons.

The trees or shrubs shall be spaced no more than ten feet apart (from the base of tree or shrub to the base of tree or shrub). The vegetative buffer shall be carefully planted and shall be maintained in good condition. Failure to maintain the vegetative buffer shall constitute a violation of this division. Existing vegetation may be used as a vegetative buffer where adequate to screen the project and may be supplemented with plantings as described in this section. Existing vegetation used as a vegetative buffer shall be depicted and labeled on the site plan.

The vegetative buffer requirements specified here shall continue notwithstanding the fact that a solar farm is no longer operational and/or falls into disuse unless and until such solar farm is dismantled and removed from the parcel or parcels of land upon which it was constructed.

(Ord. of 4-20-21, [A-21-2], § (1))

Any new electrical transmission lines associated with a solar farm may be located either above or below ground in a manner to be least intrusive and mitigate their impact to surrounding properties.

(Ord. of 4-20-21, [A-21-2], § (1))

Ground water monitoring to assess the level of groundwater contamination shall take place prior to, and upon completion of construction of the project throughout the area of the solar farm. Ground water monitoring shall take place every five years of the operation of the project, and upon completion of decommissioning. Results from said monitoring shall be delivered to the Dinwiddie County Planning Department.

(Ord. of 4-20-21, [A-21-2], § (1))

The owner or operator of a solar farm shall completely decommission the solar farm within 12 months if the solar farm ceases to generate electricity for a continuous period of 12 months. This period may be extended by the Board of Supervisors if the owner or operator provides evidence that the failure to generate electricity is due to circumstances beyond the owner's or operator's reasonable control and the solar farm has not been abandoned.

If a solar energy project has been determined to be unsafe or a nuisance by Dinwiddie County, the solar energy project shall be required to be repaired or removed by the owner or operator to meet federal, state, and local safety standards, or be removed by the owner or operator within the time period allowed by Dinwiddie County. If the owner or operator fails to remove or repair unsafe solar energy project, Dinwiddie County may pursue a legal action to have the project removed at the owner's or operator's expense.

Decommissioning shall include the removal of all solar collectors, cabling, electrical components, fencing, and any other associated equipment, facilities and structures to a depth of at least 36 inches.

Disturbed earth shall be graded and re-seeded.

To ensure the full completion of decommissioning requirements, and/or to facilitate the mitigation and abatement of public nuisances or health hazards caused by debris or hazardous materials occurring in the event of partial or complete destruction of any solar farm by natural or man-made causes, Dinwiddie County requires financial assurance of decommissioning, in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee, in a form acceptable to the county attorney, and in accordance with Va. Code § 15.2-2241.2.

(Ord. of 4-20-21, [A-21-2], § (1))

Roof-mounted or ground-mounted solar collectors shall not exceed the square footage of the principal structure or electrical usage of the principal structure and shall meet the following requirements:

(1)

Solar collectors shall be configured to avoid glare and heat transference to adjacent properties.

(2)

Ground-mounted solar collectors shall not be located within 15 feet of any side or rear lot line.

(3)

Ground-mounted solar collectors located within a front yard shall meet the minimum setback required for the principal structure or use in the applicable zoning district where located and shall be sited as far back as the principal structure or use.

(4)

The maximum height of a ground-mounted solar collector shall be 15 feet as measured from the grade or base of the collector to its highest point and shall not exceed the height of the principal structure or use.

(5)

Roof-mounted solar collectors shall not extend beyond the exterior perimeter of the building or structure on which mounted or built and shall not exceed the maximum height for the applicable zoning district where the building or structure is located.

(Ord. of 4-20-21, [A-21-2], § (1))

(a)

Allowable zoning districts. Solar collectors not associated with a solar energy project shall be permitted in any zoning district, provided they conform to the standards outlined in section 22-234.69 and other standards in the County Code.

(b)

Conditional use permits. A Solar energy project with a disturbance zone in excess of five acres, requires a conditional use permit. The applicant may offer and the county may accept conditions reasonably related to the project in accordance with Va. Code § 15.2-2288.8.

(c)

Comprehensive plan. The county waives the requirement that solar energy projects be reviewed for substantial accord with the comprehensive plan in accordance with Va. Code § 15.2-2232 (H).

(d)

Solar energy project taxation. The county shall assess solar energy project systems in accordance with Va. Code § 58.1-3660, Va. Code § 58.1-2636, or as otherwise allowed by law.

(e)

Siting agreements.

(1)

Siting agreements will be considered by the county in accordance with Va. Code §§ 15.2-2316.6 et seq.

(2)

An applicant shall give the county a written notice of their intent to locate a solar energy project in the county.

(3)

The applicant and the county shall meet, discuss, and negotiate a siting agreement.

(4)

If the applicant and the county agree upon the terms and conditions of a siting agreement, the county shall schedule a public hearing in which the board of supervisors shall consider the siting agreement.

(f)

Applicable codes. All solar energy projects shall be in compliance with the requirements of the most current State of Virginia Building and Electrical Codes.

(g)

Inspections.

(1)

All active solar farms shall be inspected by the Dinwiddie County Building Inspector on an annual basis to ensure compliance with applicable state building and electrical codes.

(2)

Each solar farm shall be required to have the facility inspected annually for three) years by the planning director or his/her designee following the issuance of the zoning permit or development permit to verify continued compliance with the zoning ordinance as applicable.

(3)

Additional inspections shall be conducted as necessary in the event of complaints and shall not replace the noted inspections outlined in this section.

(Ord. of 4-20-21, [A-21-2], § (1))

After the effective date of this division, no proposed solar farm as defined in this division and within Dinwiddie County jurisdiction shall proceed with construction until it has been submitted to and approved by the planning director or his/her designee as evidenced by an approved site plan in accordance with the provisions of the zoning ordinance.

(Ord. of 4-20-21, [A-21-2], § (1))

After the effective date of this division, any person who, being the owner or agent of the owner of any land located within the jurisdiction of this division, who proceeds with development of a solar farm prior to being approved under the terms of this division shall be subjected to fines and penalties as stipulated in the Dinwiddie County Zoning Ordinance.

(Ord. of 4-20-21, [A-21-2], § (1))

It is not intended that this division repeal, abrogate, annul, impair or interfere with any existing easement, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this division imposes greater restrictions, the provisions of this division shall govern.

(Ord. of 4-20-21, [A-21-2], § (1))