(a)

The purpose of this section is to regulate the type, size, material, location, number, and condition of signs in a manner that protects and promotes the health, safety, and welfare of the community. This division shall be interpreted in a manner consistent with the First Amendment guarantee of free speech and in a manner consistent with the comprehensive plan.

(b)

This Division is intended to:

(1)

Provide for the safety and welfare of pedestrian and wheeled traffic by minimizing visual distractions on public and private streets;

(2)

Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way;

(3)

Protect property values and encourage economic development;

(4)

Enhance the physical appearance of the County, minimize sign pollution and preserve the scenic and natural beauty of the community;

(5)

Promote commerce and trade to create an attractive economic and business climate; and

(6)

Protect against destruction and or encroachment on historic areas.

(a)

No sign, unless exempted in this division, shall be erected, constructed, posted, painted, altered, maintained, or relocated, without a permit issued by the Zoning Administrator as provided for in this division.

(b)

Before any permit is issued, an application for a sign permit provided by the Zoning Administrator shall be filed, together with sufficient information to determine if the proposed sign is permitted under the Zoning and Subdivision Ordinance and other applicable laws, regulations, and ordinances.

(c)

The application shall contain:

(1)

The Tax Map and location (Latitude and Longitude or sketch on a site plan or plat) of the sign structure on the property;

(2)

The name and address of the sign owner and of the sign erector along with the landowner if different than the owner;

(3)

Three sets of drawings and/or specifications showing the number of signs applied for, dimensions to scale, elevation, design, materials, manner of illumination, method of securing or fastening, and location of the sign; and

(4)

Such other pertinent information as the Zoning Administrator may require to ensure compliance with this Ordinance or other Ordinances of the County.

(d)

A nonrefundable fee as set forth in the uncodified fee schedule adopted by the governing body of the County and maintained in the office of the Zoning Administrator shall accompany all sign permit applications.

(e)

All signs which are electrically illuminated shall require a separate electrical permit and inspection. Structural and safety features and electrical systems shall be in accordance with the requirements of applicable codes and Ordinances. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this Ordinance and applicable technical codes.

(f)

The permit for a temporary sign shall state its duration, which is not to exceed 30 consecutive calendar days unless another duration is provided in the Zoning and Subdivision Ordinance.

(g)

Permit revocation.

(1)

All signs shall be erected on or before the expiration of 90 days from the date of issuance of the permit. After such time, the permit shall become null and void, and a new permit shall be required. Each sign requiring a permit shall be clearly marked with the permit number and name of the person or firm placing the sign on the premises, if other than on the business premise or directly related to the business.

(2)

A sign permit shall become null and void if the use to which it pertains is not commenced within six months after the date the sign permit is issued. Upon written request and for good cause shown, the zoning administrator may grant one six-month extension.

(3)

Whenever the use of a building or land is discontinued by the specific business, the sign permit shall become null and void and all signs pertaining to that business shall be removed by the property owner within 30 calendar days of the discontinuance.

(4)

The Zoning Administrator shall revoke a sign permit if

a.

The Zoning Administrator determines that the application was materially false or misleading;

b.

The sign as installed does not conform to the sign permit application; or

c.

The sign does not comply with applicable regulations of this division, building code, or other applicable law, regulation, or ordinance.

(a)

The regulations contained in this Section shall apply to all signs and all districts.

(b)

All signs shall comply with:

(1)

The provisions of this division;

(2)

All applicable provisions of the Uniform Statewide Building Code and all amendments thereto; and

(3)

All state and federal regulations pertaining to the display of signage.

(c)

No sign shall be located closer than five feet to any right-of-way line.

(d)

Any illuminated sign shall employ only light of constant intensity, and no sign shall be illuminated by or contain flashing, rotating, intermittent, or moving light or lights. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

(e)

No sign shall be illuminated in such a way that light may shine into on-coming traffic, affect highway safety, or shine directly into a residential dwelling unit.

(f)

All electronic service lines shall be underground.

(g)

Signs projecting over public walkways shall be a minimum height of 8 feet from grade level to the bottom of the sign.

(h)

Projecting signs shall not extend more than 6 feet beyond the face of the building or beyond a vertical plane two feet inside the curb line.

The following method shall be utilized in the calculations of sign area:

(1)

The sign area permitted under this division is determined by measuring the entire face of the sign, including any wall work incidental to its decoration but excluding support elements for the sole purpose of supporting the sign.

(2)

For signs that are regular polygons or circles, the area shall be calculated by the mathematical formula for that polygon or circle. For signs that are not regular polygons or circles, the sign area shall be calculated using the area within up to three rectangles that enclose the sign face.

(3)

The surface area of any sign consisting of individual letters or figures shall include the space between such letters or figures.

(4)

Whenever one sign contains information on both sides, sign area shall be calculated based on the largest sign face. Sides are not totaled.

The following signs are exempted from the provisions of the regulations of this division and may be erected or constructed without a permit in accordance with the structural and safety requirements of the building code and as outlined in the definitions, tables of sign dimensions, and other portions of this division:

(1)

Signs erected by a governmental body or required by law, including official traffic signs or sign structures, provisional warning signs or sign structures, and temporary signs indicating danger;

(2)

Flags not exceeding 50 square feet in area;

(3)

Changing of the message content on a changeable message sign if such sign is permitted in the district;

(4)

The following small signs:

a.

Minor signs, not exceeding three square feet each in area. Freestanding minor signs shall be located a minimum distance of twenty-five feet apart.

b.

Memorial plaques and building cornerstones not exceeding 6 square feet in area and cut or carved into a masonry surface or other noncombustible material and made an integral part of the building or structure.

c.

Temporary nonilluminated signs not exceeding four square feet in sign area and erected for not more than 90 consecutive days.

(5)

Window signs, subject to the dimension requirements in this division.

(6)

Menu signs.

(7)

On a property under construction or renovation, for sale, or for rent, temporary signs not exceeding four square feet for residential properties, except for multifamily, or 18 square feet for multifamily, nonresidential, or mixed-use properties.

(8)

Signs displayed on an operable vehicle while in use in the normal course of business. This section should not be interpreted to permit parking for display purposes of a vehicle to which signs are attached in a district where such signs are not permitted.

The following signs are prohibited:

(1)

Any sign affixed to, hung, placed, or painted on any other sign, fence, cliff, rock, tree, natural feature, public utility pole or structure supporting wire, cable, or pipe, or radio, television, or similar tower;

(2)

Flashing signs, signs with intermittent lights resembling, or seeming to resemble, the flashing lights customarily associated with danger or such as are customarily used by police, fire, or ambulance vehicles, or for navigation purposes;

(3)

Animated signs;

(4)

Off-premises signs;

(5)

Signs or parts of a sign not an integral part of the building design located anywhere on the roof or wall of a building such that they extend above or beyond the roof, wall, or parapet wall of a building;

(6)

Signs attached, painted, or mounted to unlicensed, inoperative, or generally stationary vehicles. Vehicles and trailers shall not be used primarily as static displays, advertising a business, product, or service, nor utilized as storage, shelter, or distribution points for commercial products or services for the general public;

(7)

Signs that emit sound, smoke, flame, scent, mist, aerosol, liquid, or gas;

(8)

Abandoned sign structures;

(9)

Mirrors or mirror devices on, in, or as part of a sign;

(10)

Inflatable signs or other floating signs that are tethered to a structure or the ground;

(11)

Any sign representing or depicting specified sexual activities or specified anatomical areas or sexually oriented goods. Any sign containing obscene text or pictures as defined by the Virginia Code;

(12)

Signs that block visibility, confuse, or dangerously distract the attention of the operator of a motor vehicle or interfere with the purpose of any traffic control signal or directional device, including but not limited to, signs that are constructed, erected, or maintained at or near an intersection or driveway and create a traffic hazard;

(13)

Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority; and

(14)

Signs advertising activities or products that are illegal under federal, state, or county law.

(a)

District Standards: B-1, B-2, I-1, and I-2 Zoning Districts. Any signs located within a B-1, B-2, I-1, or I-2 shall be subject to the following requirements:

(1)

One freestanding or wall-mounted sign per lot may be substituted with a changeable message sign subject to the following requirements:

a.

Location, area, height, and illumination requirements shall be the same as for freestanding or wall signs.

b.

Any changeable message sign that malfunctions, fails, or ceases to operate in its usual or normal programmed manner, thereby causing motion, movement, flashing or any other similar effects, shall be repaired, covered, or disconnected by the owner or operator of such sign within 24 hours of notice of violation.

(2)

All permitted signs may be internally lighted or indirectly lighted, unless such lighting is specifically prohibited in this division.

(3)

The size and placement of signs shall be subject to the requirements provided in Table 36.13.

(b)

District Standards: A-1, A-2, R-1, R-2, R-3, R-4, PUD, and MH-1 Zoning Districts. Individual signs shall be subject to the following requirements:

(1)

All permitted signs may be indirectly lighted, unless such lighting is specifically prohibited in this division.

(2)

The number, size, and placement of signs shall be subject to the requirements provided in Table 36.14. In addition to these requirements, the total cumulative area permitted for all signs on a single parcel located in a R-1, R-2, R-3, R-4, or MH-1 district shall not exceed a maximum area of 16 SF.

(3)

For the purposes of Table 36.14, Agricultural Uses shall be those uses categorized as Agricultural in Table 36.12, Zoning Use Matrix. Non-residential Uses shall be those uses categorized as Public/Civic/Recreation, Commercial, Industrial, or Miscellaneous in Table 36.12, Zoning Use Matrix.

(a)

All signs shall be maintained in good condition meaning in appearance and structurally safe. Any sign that has deteriorated to a state of peeling, cracking, splitting, fading, or rusting is in violation of this Ordinance and subject to enforcement as outlined in Section 36.444 of this division.

(b)

Should any sign be or become unsafe or be in danger of falling, the owner thereof or the person maintaining the sign, shall be in violation of this Ordinance and subject to enforcement as outlined in Section 36.444 of this division.

(a)

Any sign lawfully in existence on the date of enactment of this division may be maintained even though it does not conform with the provisions of this division.

(b)

The message of a nonconforming sign may be changed.

(c)

No nonconforming sign may be enlarged or altered in such a manner as to expand the nonconformity, nor may illumination be added to any nonconforming sign.

(d)

A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this division.

(e)

A nonconforming sign destroyed by any cause may not be repaired, reconstructed, or replaced except in conformity with this division. For the purposes of this section, a nonconforming sign is destroyed if damaged to an extent that the cost of repairing the sign to its former condition or replacing it with an equivalent sign equals or exceeds 50 percent of the appraised value of the sign so damaged.

(f)

A pre-existing sign must be removed if the structure, building, or use to which it is accessory is destroyed, or demolished to an extent exceeding 50 percent of the appraised value of the principal structure, building, or use.

(a)

Violations. Violations of this division constitute violations of the zoning code and the County may obtain compliance through any of the methods available for other zoning violations.

(b)

Removal of signs in violation. The Zoning Administrator may order the removal of any sign erected or maintained in violation of this division. The Zoning Administrator shall give 30 days' notice in writing to the owner of such sign or of the building, structure, or premises on which such sign is located to remove the sign or to bring it into compliance with this division. The Zoning Administrator may remove a sign immediately and without notice if, in his opinion, the condition or placement of the sign is such as to present an immediate threat to the safety of the public. Any surface exposed by the removal of a sign shall be restored to its original condition by the property owner and be compatible with adjacent surfaces.

(c)

Removal of abandoned signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove such sign, the Zoning Administrator shall give the owner 30 days' written notice to remove it. Upon failure to comply with this notice, the Zoning Administrator or his duly authorized representative may remove the sign at cost to the property owner.

Any person aggrieved by any decision or order of the Zoning Administrator may appeal to the Board of Zoning Appeals by serving written notice to the Zoning Administrator, who, in turn, shall immediately transmit the notice to the Board, which shall meet to hear it within 30 days thereafter. The Zoning Administrator shall take no further action on the matter, pending the Board's decision, except concerning unsafe signs which present an immediate and serious danger to the public.

(a)

The purpose of this Division is to ensure efficient traffic flow and to reduce hazards to public safety by establishing standards for off-street parking and off-street loading areas.

(b)

This Division is intended to:

(1)

Ensure adequate parking is designed and constructed during the erection of all new structures and the modifications to existing structures.

(2)

Provide safe and convenient traffic flow and add to the beautification of the County.

(a)

Off-street parking and loading shall be provided in all zoning districts in accordance with the requirements of this division.

(b)

For the purpose of this division, an off-street parking space is a graveled, stone, or hard all-weather surfaced area not in a street or alley.

(c)

Parking shall be provided at the time of the erection of any building or structure, not less than the amount of parking space given in Article VII, Section 36.462, Schedule of Required Spaces. Such space shall be maintained and shall not be encroached upon unless in conformance with the section on reduction below.

(d)

Loading space, as required in Article VII, Section 36.464, Off-street Loading, shall not be construed as supplying off-street parking.

(a)

All parking spaces required herein shall be located on the same lot with the building or principal use served; except that:

(1)

Upon approval of a conditional use permit by the Board of Supervisors.

(2)

Where an increase in the number of spaces is required, where such spaces are/may be provided collectively or used jointly by two or more buildings or establishments.

(b)

A remote parking lot to satisfy the required spaces may be located and maintained not to exceed 600 feet from the served building.

(1)

Such parking space shall be established by a recorded covenant or agreement as parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designated as required parking space.

(a)

Parking spaces may be used by multiple uses and establishments as provided in (a)(1) through (a)(3) below. Approval of joint parking must be approved by the administrator and a record maintained. In such instances, the applicants shall demonstrate that the periods of peak use are separated sufficiently, and shared parking spaces are available to all uses sharing them, so as to not cause a parking demand problem. If a use changes, the owner must confirm with the administrator that the supplied parking is sufficient or establish parking as otherwise supplied in this Division.

(1)

Religious Assembly parking spaces already provided to meet off-street parking requirements for theaters, stadiums, auditoriums and other places of public assembly, stores, office buildings and industrial establishments, lying within 600 feet of a religious assembly, as measured along lines of public access, that are not normally used between the hours of 6:00 a.m. and 6:00 p.m. on Sundays and that are made available for other parking may be used to meet not more than 75% of the off-street parking requirements of a religious assembly.

(2)

Other places of public assembly. Parking spaces already provided to meet off-street parking requirements for stores, office buildings, and industrial establishments, lying within 500 feet of a place of public assembly, as measured along lines of public access, that are not normally in use between the hours of 6:00 p.m. and 12:00 midnight and that are made available for other parking may be used to meet not more than 50 percent of the total requirements of parking space.

(3)

In the case of mixed or joint uses of a building or premises having different peak parking demands, the parking spaces required may be reduced if approved by the Planning Commission or Zoning Administrator in conjunction with site plan approval.

Off-street parking space required under this division may be reduced at a time when the capacity or use of a building is changed in such a manner that the new use or capacity would require less space than before the change. Such reduction may not be to a level below the standards set forth in this division.

(a)

Surfacing. Surfacing of off-street parking or driveways shall consist of an improved dustless surface. Areas that include lanes for drive-in windows or contain parking areas consisting of 10 or more parking spaces shall be graded and surfaced with asphalt, concrete, or other material that will provide equivalent protection against potholes, erosion, and dust.

(b)

Area. Off-street parking areas shall be marked off into parking spaces with a minimum width of 9 feet and a minimum length of 18 feet; or in the case of parking spaces for trucks, buses, or special equipment, parking spaces of a minimum size to be determined by the Administrator based on the nature of the parked vehicles.

(c)

Handicap Accessible Parking. Every land use shall include the number of handicap accessible off-street parking spaces in accordance with the requirements of the Virginia Uniform Statewide Building Code.

(d)

Separation from Walkways and Streets.

(1)

Off-street parking spaces shall be separated from walkways, sidewalks, streets, or alleys by a wall, fence, or curbing.

(2)

Off-street parking shall not be located within 5 feet of any commercial building.

(e)

Entrances and Exits. The entrances and exits to the parking area shall be clearly marked. Interior vehicular circulation by way of access roads shall maintain the following minimum standards:

(1)

Access roads for one-way traffic shall have a minimum width of 14 feet, except for 45 degree parking in which case the minimum width of the access road shall be 17 feet.

(2)

Access roads for two-way traffic shall have a minimum width of 24 feet.

(3)

Parking areas having more than one aisle or driveway shall have directional signs or markings in each aisle or driveway.

(f)

Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys. Off-street parking areas shall be maintained in a clean, orderly and, to the extent possible, dust-free condition at the expense of the owner or lessee.

(g)

Marking. For parking areas consisting of 10 or more spaces, each parking space shall be striped and maintained. Parking spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used to ensure efficient traffic operation on the lot.

(h)

Arrangement of Interior Aisles. All aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at a 90-degree angle with the aisle; 18 feet when the parking spaces are at 60-degree angle with the aisle; and 12 feet for parallel parking.

(i)

Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. Any lights used to illuminate parking areas shall be so arranged as to reflect light away from adjoining premises.

(j)

Screening. Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptable solid masonry wall, a uniformly painted solid board fence, or evergreen hedge. Such screen shall be maintained in good condition and not less than four feet nor more than 6 feet in height, except in areas requiring natural air circulation, unobstructed view or other technical considerations necessary for proper operation, may submit a screening plan to be approved by the Zoning Administrator.

(k)

Fleet Vehicles. Whenever daily or overnight storage of fleet vehicles is proposed, these vehicles shall be parked in off-street parking spaces located to the side or rear of the principal structure and screened in accordance with the requirements of this division. These off-street parking spaces shall be identified on any approved site plan.

The requirements for off-street parking space and off-street loading space shall be a continuing obligation of the owner of the real estate on which any structure or use is located as long as such structure or use is in existence and the use requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for the owner of any structure or use affected by this division to discontinue, change, dispense with, or cause the discontinuance or change of the required vehicle parking or loading space, apart from the alternate vehicle parking or loading space which meets with the requirements of and is in compliance with this division. It shall be unlawful for any firm or corporation to use such structure without acquiring such land or other suitable land for vehicle parking or loading space which meets the requirements of and is in compliance with this Division.

Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected or structurally altered, or any building or structure hereafter erected is converted, off-street parking spaces shall be provided according to the requirements for individual uses in the following table. Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number. Specifications for exemptions to off-street parking requirements are contained in Article VII, Section 36.463, Interpretation of Specific Requirements.

(a)

The parking requirements above are in addition to space for storage of trucks, campers, recreation vehicles, or other similar vehicles used in connection with the use.

(b)

The parking requirements in this division do not limit other parking requirements contained in the district regulations.

(c)

The parking requirements in this division do not limit special requirements, which may be imposed for approval of a conditional use or special exception.

(d)

For residential uses, the total number of off-street parking spaces provided inside a private garage shall be calculated based on the intended design of the garage.

(e)

Except as otherwise provided, the number of employees shall be compiled on the basis of the maximum number of persons employed on the premises at one time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

(f)

The parking space requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation.

(g)

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or premises by more than one use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(h)

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need under the requirements of this division for an increase in parking spaces of 10 percent or more, such additional spaces shall be provided on a basis of the change or enlargement. No additional spaces shall be required for the first change or enlargement which would result in an increase of spaces of less than 10 percent of those required before the change or enlargement, but this exception shall not apply to a series of changes or enlargements which together result in a need for an increase in parking space of 10 percent or more.

(a)

Occupied Lots. On lots with a principal structure, no more than two recreational vehicles, boats, trailers, or combination thereof may be parked externally.

(b)

Vacant Lots. On lots without a principal structure:

(1)

The parking of recreational vehicles, boats, and/or trailers on vacant lots is prohibited except when the owner of the vacant lot owns a contiguous parcel that contains a principal structure.

(2)

For vacant lots under shared ownership with a contiguous parcel that contains a principal structure, no more than two recreational vehicles, boats, trailers, or combination thereof may be parked externally.

(c)

Location on Lots. All parked recreational vehicles and boats must meet the minimum side and rear setbacks required for an accessory structure and the front setback of the district in which it is placed.

(d)

Exceptions. These standards shall not apply to Recreational vehicle storage, commercial or Outdoor storage where permitted and in compliance with this ordinance.

(a)

Off-street loading shall be provided at the time of the erection of any building or structure or at the time any building or structure is altered, enlarged, or increased in capacity by adding dwelling units, guest rooms, floor area, or seats, or a change of use, not less than the amount of loading space given in article VII, section 36.465, Off-street loading requirements.

(b)

Location. All required off-street loading areas shall be located on the same lot as the use served and with the ability to be adequately screened as outlined in the design standards below.

(c)

Surfacing. All off-street loading areas shall be surfaced with an improved dustless surface.

(d)

Utilization. Space allocated to any off-street loading use shall not be used to satisfy the space requirements for any off-street parking area or portion thereof.

(e)

Specific Requirements by Use. Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected, or structurally altered to the extent of increasing the floor area by twenty-five (25) percent or more, or any building in hereafter converted, for the uses listed below, when such buildings contain the floor areas specified, accessory off-street loading spaces shall be provided as required below or as required in subsequent sections of this Division.

(a)

Loading Requirements.

(1)

The loading space requirements apply to all districts but do not limit the special requirements which may be imposed in the district regulations.

(2)

The loading space requirements in this division do not limit special requirements which may be imposed in connection with uses permitted by approval of a conditional use or special exception.

(b)

Joint Use of Space. Where a building is used for more than one use or for different uses, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaced but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for the use in the building for which the most spaces are required. In such cases, the Administrator may make reasonable requirements for the location of required loading.

(a)

Minimum Size. For the purpose of the regulations of this division, a loading space is a space within the principal building or on the same lot providing for the standing, loading, or unloading of trucks, and having a minimum area of 480 square feet, a minimum width of 12 feet, a minimum depth of 40 feet, and a vertical clearance of at least 15 feet.

(b)

Screening. Whenever an off-street loading area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptable solid masonry wall, a uniformly painted solid board fence, or evergreen hedge. Such screen shall be maintained in good condition and not less than four feet nor more than 6 feet in height, except in areas requiring natural air circulation, unobstructed view or other technical considerations necessary for proper operation, may submit a screening plan to be approved by the Zoning Administrator.

(c)

Loading Space for Funeral Homes. Loading spaces for a funeral home may be reduced in size to 10 by twenty-five (25) feet and vertical clearance reduced to 8 feet.

(d)

Entrances and Exits. Location and design of entrances and exits shall be in accord with applicable requirements of the district regulations and traffic regulations and standards. Where the entrance or exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide a least one off-street loading space. Where an off-street loading space is to be approached directly from a major thoroughfare, necessary maneuvering space shall be provided on the lot.

The purpose of this Division is to:

(1)

Permit the use of exterior lighting at the minimum level necessary for nighttime safety, utility, security, productivity, enjoyment, and commerce;

(2)

Ensure exterior lighting does not adversely impact land uses on adjacent land by minimizing light trespass, obtrusive light, and glare;

(3)

Curtail light pollution, reduce sky glow, and preserve the nighttime environment for astronomy, wildlife, and enjoyment of residents and visitors; and

(4)

Ensure security for persons and property.

(a)

General. The provisions of this division 3 shall apply to all business zoning districts, industrial zoning districts, the R-3 High Density Residential District, the MH-1 Mobile Home Park District, and on any property located within any other zoning district that is used for non-residential purposes through a permitted use, an administrative permit, or a conditional use permit.

(b)

Time of Review. Review for compliance with the standards of this division shall occur as part of the review of an application for a site plan, planned development, certificate of approval, certificate of zoning use, conditional use or variance as appropriate by the Zoning Administrator.

(c)

Existing Development. Compliance with these standards, to the maximum extent practicable, shall also apply to redevelopment of an existing structure, building, or use when it is expanded, enlarged, or otherwise increased in intensity equivalent to or beyond 50 percent.

(d)

Signs. Lighting for signage shall be governed by the standards set forth in the separate division of this Zoning and Subdivision Ordinance regulating signs.

(e)

Exemptions. All lighting must be the minimum light required to serve the purpose, shall not spill beyond the property line, and shall be cast downward where feasible. The following are exempted from the additional exterior lighting standards of Article VII:

(1)

Lighting within a public street right-of-way or easement that is used principally for illuminating a roadway;

(2)

Lighting exempt under state or federal law;

(3)

Lighting for public monuments and statuary;

(4)

Lighting that is required under the Uniform Statewide Building Code;

(5)

Construction, emergency, or holiday decorative or festive lighting, provided such lighting does not create unsafe glare on street rights-of-way and is used for 90 days or less;

(6)

Temporary lighting for circuses, fairs, carnivals, theatrical and other performance areas, provided such lighting is discontinued upon completion of the performance;

(7)

Security lighting that is directed downward, does not glare onto adjacent property, and is controlled and activated by motion sensor devices for a duration of 15 minutes or less;

(8)

Lighting for flags of the United States of America or the Commonwealth of Virginia, or any department, division, agency or instrumentality thereof, and other noncommercial flags expressing constitutionally protected speech;

(9)

Architectural lighting of 40 watts incandescent or less;

(10)

Lighting for an outdoor athletic facility;

(11)

The replacement of an inoperable lamp or component which is in a luminaire that was installed prior to the date of the adoption of this division;

(12)

The replacement of a failed or damaged luminaire that is one of a matching group serving a common purpose installed prior to the adoption of this division.

(a)

Each outdoor luminaire subject to these outdoor lighting requirements shall be a full cutoff luminaire. The term full cut-off fixture means an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected down below the fixture.

(b)

In addition to being full cut-off lighting, all lighting shall be aimed and controlled such that directed light is directed inward to the property and confined to the object intended to be illuminated. Directional control shields shall be used when necessary to limit stray light and prevent glare to adjacent properties and vehicular public rights-of-way.

(c)

All exterior lights shall be 3,000 Kelvin light color temperature or less.

(d)

High-pressure sodium vapor or light emitting diode (LED) lights shall be the preferred type of exterior site lighting. The use of mercury vapor lights shall be discouraged in any exterior lighting applications, except for under-canopy lighting for gasoline pump islands, bank, or other drive-through or drive-in facilities.

(e)

Light fixtures under any canopy shall be recessed into the canopy ceiling with a flat lens to prevent glare.

(f)

Light fixtures in parking lots shall not be more than 20 feet in height in the Business Districts, High Density Residential District, and no more than 30 feet in height in the Industrial Districts.

(g)

Lighting for buildings, signs, accessways, and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to surrounding property owners or residents.

(a)

The lighting standards shall be enforced by the Essex County Zoning Administrator. Modifications of the lighting standards contained herein may be approved by the Zoning Administrator upon a determination that the lighting is necessary for nighttime safety, utility, security, productivity, enjoyment, and commerce and does not adversely impact pedestrians, traffic or adjacent properties.

(b)

An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the County affected by any decision of the Zoning Administrator in enforcement of this division as outlined in Article II, Division 6 of this Ordinance.

The purpose of this division is to establish standards for landscape architecture, site design, site buffering, landscape screening, and regulate the location, height, and appearance of fences and walls. With the intent of preserving and promoting the health, safety, and general welfare of the County, this division is intended to:

(1)

Preserve and enhance the aesthetic character and visual harmony of the County;

(2)

Protect the quality of the County's natural rivers, streams, and wetlands;

(3)

Enhance erosion control;

(4)

Improve the relationship between adjacent properties through screening, buffering, and proper placement and design of fences and walls;

(5)

Promote economic development in the County's business districts and main thoroughfares; and

(6)

Ensure the safety, security, and privacy of properties.

(a)

These requirements shall apply to:

(1)

All new developments, or redevelopments, requiring an approved site plan or uses requiring a buffer in the use development standards as specified by this Ordinance.

(2)

All properties seeking rezoning to R-3, PUD, MH-1, B-1, B-2, I-1, or I-2 zoning.

(3)

All properties seeking a conditional use permit in a R-1, R-2, R-3, PUD, B-1, B-2, I-1, or I-2 zoning district under the requirements of this Ordinance.

(b)

These requirements shall not apply to parcels containing single-family detached dwellings or two-family dwellings.

(a)

The landscape plan shall:

(1)

Be prepared and/or certified by a landscape architect, landscape nursery person, horticulturalist, or other design professional practicing within their area of competence; provided, however, that in the case of a single lot disturbing less than 10,000 square feet, the landscaping plan may be prepared by the property owner.

(2)

Cover the entire project area included in the overall site plan or development plan for which approval is sought.

(b)

The landscape plan shall include:

(1)

Location, type, size, height, and number of proposed plantings.

(2)

Planting specifications or installation details.

(3)

Location and size of all existing plants and trees to be retained during construction, as well as protection measures to be implemented during construction.

(4)

Location, size, and other related design details for all hardscape improvements, signage, recreational improvements, and open space areas, fences, walls, barriers, and other related elements.

(5)

Designation of required setbacks, yards, and screening areas.

(6)

Location of other man-made site features, parking lots, hardscape improvements, overhead structures, and underground utilities to ensure that landscape materials will not be in conflict with the placement and operation of these improvements.

(c)

The following factors shall be considered:

(1)

Location of trees, shrubs, groundcovers, and other landscaping to effectively utilize the natural capacities of plant materials to intercept and absorb airborne and runoff-related pollutants, and to reduce runoff volume, velocity, and peak flow increases caused by development.

(2)

Preservation and protection of existing viable and mature trees to the maximum extent feasible.

(3)

Appropriateness of plants and locations for the specific characteristics of the site and the purpose for installation.

(4)

A preference to design and plant materials which are native and with reduced water needs.

(5)

An emphasis on landscaping in front of the principal building on the site and on providing appropriate breaks in parking and vehicular areas.

(a)

Any required landscaping shall be installed prior to the issuance of a certificate of occupancy. When the planting of landscaping conflicts with the planting season, a certificate of occupancy may be issued subject to the owner or developer providing surety in an amount approved by the Zoning Administrator for any remaining plantings. The owner or developer shall provide a development agreement which sets a deadline by which the plantings will be installed to be approved by the Zoning Administrator. The surety and agreement shall be in a form approved by the County attorney.

(b)

Existing healthy trees and shrubs shall be credited toward any minimum landscaping required by this division, provided they meet minimum size standards and are protected before and during construction and maintained thereafter in a healthy growing condition.

(c)

The owner of the property upon which the required landscaping or buffering is installed shall be responsible for maintenance and replacement. If any required tree, shrub, or other landscaping element shall die or be removed after issuance of the certificate of occupancy, the developer, his or her successors or assigns, shall replace each by the end of the next planting season with trees or shrubs of the same or similar species, type, color, or character.

(d)

Landscaping shall not obstruct the view of motorists using any street, private driveway, parking isles, or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety.

(e)

All required landscape materials shall conform to the following minimum size or height standards at the time of planting:

(1)

Deciduous shade trees: 2" caliper

(2)

Ornamental and understory trees: 4' height

(3)

Coniferous trees: 6' height

(4)

Shrubs: 12" spread or height

(a)

Landscape buffering is intended to provide a year-round visual screen between two or more properties in order to minimize visual and other adverse impacts. Buffering may consist of fencing, evergreens, boulders, mounds, or a combination of materials.

(b)

A landscape buffer area shall be required where:

(1)

A business zoning district abuts a residential zoning district;

(2)

Industrial zoned development abuts a residential, business, or Planned Unit Development zoning district;

(3)

Multi-family residential development abuts any property zoned R-1 or R-2; or

(4)

Where buffering is required under the Use Performance Standards.

(c)

A landscape buffer area shall be required where accessory outdoor storage use is adjacent to a business or residential district.

(d)

Required buffers shall consist of a continuous six-foot high buffer with a minimum width of 25 feet. Buffers shall be comprised of:

(1)

A solid masonry wall or opaque fence at least six feet in height and landscaping consisting of two deciduous trees and four evergreen trees per 100 linear feet of buffer; or

(2)

Landscaping consisting of:

a.

One evergreen tree per seven linear feet of buffer, which shall be placed in two staggered rows six feet apart;

b.

One understory tree per twenty-five linear feet of buffer;

c.

One deciduous tree per fifty linear feet of buffer; and

d.

One shrub per three linear feet of buffer.

(e)

Plants should be sufficiently large and planted in such a fashion that a year-round screen at least 6 feet in height shall be produced within one growing season.

(f)

No buildings, structures, storage of materials, or parking shall be permitted within a buffer area.

(g)

Buffer plantings shall be maintained in perpetuity in such a way as to ensure that the buffering requirements of this Ordinance continue to be met. Any dead or dying plants shall be removed within 30 days of notification by the Zoning Administrator and shall be replaced by the property owner during the next viable planting season.

(a)

All vehicle parking areas shall include landscaping, both within the interior of the parking area and around its perimeter, to provide shade, screen views, mitigate runoff, and provide aesthetic appeal. However, the landscape provisions of this division shall not apply to off-street parking for individual single- or two-family residential dwellings or for parking structures.

(b)

Parking Lots Adjacent to Lot Lines: For parking lots immediately adjacent to lot lines, the following landscape regulations shall apply:

(1)

Where a parking lot (or a private driveway providing access to a parking lot or building entry) abuts a property line not common with the right-of-way of a street, a landscaping strip of 10 feet in width shall be located between the parking lot and the abutting property line.

(2)

A minimum of one tree for each 40 feet of contiguous property line shall be planted in the landscape strip.

(3)

Parking Lots Adjacent to Public Streets: For parking lots and private access adjacent to public streets, the following landscape regulations shall apply:

a.

Where a parking lot (or a private driveway providing access to a parking lot or building entry) abuts a public right-of-way, a landscaping strip of 10 feet in width (not including the sidewalk) shall be located between the parking lot or private driveway and the right-of-way line.

b.

A minimum of one tree for each 40 feet of property line common with the public right-of-way shall be planted in the landscaping strip.

(c)

Landscaped planting islands (located such that parking spaces are on opposing sides of the planting island) shall be developed in parking lots meeting the following criteria:

(1)

The total size of the parking lot exceeds 50 total parking spaces; or

(2)

Parking lot layout incorporates three or more double-loaded or single-loaded parking bays which are contiguous and parallel to each other.

(d)

Parking Lots with Planting Islands: For parking lots with planting islands, the following regulations shall apply:

(1)

Interior planting islands shall, at a minimum, be provided at both ends of all bays and may also be provided within a continuous landscaped median separating two rows of parking.

(2)

The minimum landscape area shall be 10 percent of the parking area.

(3)

One landscape island is required for every 10 spaces.

(4)

A minimum of one tree for each five spaces of required parking. The remaining area of the island shall be landscaped with shrubs, ground cover, lawn or additional trees.

(5)

Planting islands shall have a minimum width of 8 feet to allow for bumper overhang and shall otherwise provide adequate width for the growth and maintenance of the intended landscape materials to be planted therein.

(6)

Except in the case of redevelopment proposals, this parking lot tree requirement is only applicable to those proposals that necessitate additional parking spaces over those that are currently provided.

(e)

The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubs and other live planting material may be used to complement the primary landscaping.

(f)

The landscaping shall be dispersed throughout the parking lot, with interior dimensions of any planting area (i.e., interior parking median or island) sufficient to protect and maintain all landscaping materials planted therein.

(g)

Parking lot landscaping shall be installed and continuously maintained by the owner according to the requirements contained in this article.

(a)

Screening shall be required to conceal specific areas from both on-site and off-site views. Such areas shall be screened at all times, regardless of adjacent uses, adjacent districts, or other proximate landscaping material. Specific areas to be screened include:

(1)

Waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers);

(2)

Loading and service areas;

(3)

Outdoor storage areas (including storage tanks);

(4)

Ground-based utility equipment with size in excess of 12 cubic feet; and

(5)

Ground level mechanical units.

(b)

The above-mentioned areas shall be screened using an appropriate combination of landscape plants, solid fencing, or masonry walls to adequately screen them from views both on and off the subject property.

(c)

Waste receptacles and refuse containers shall be fully enclosed with tightly-fitting lids.

(d)

Access to all grease containers, recycling and trash containers, and other outside storage shall be through gates capable of closure when not in use. All gates shall be closed and secured when not in use.

(e)

Screening plantings shall be maintained in perpetuity in such a way as to ensure that the screening requirements of this Ordinance continue to be met. Any dead or dying plants shall be removed within 30 days of notification by the Zoning Administrator and shall be replaced by the property owner during the next viable planting season.

(a)

Recommended Trees and Plants.

(1)

Landscaping plans and plantings should generally be sustainable and biologically diverse with emphasis on trees and plants native to Virginia and the Tidewater region.

(2)

Landscape designers shall make every effort to use healthy and locally-sourced trees, shrubs, and other plants, and to create landscapes that minimize the need for maintenance and irrigation. Invasive species are not recommended.

(3)

Final plant selections should be made by property owners in conformance with the landscape plan regarding type (evergreen or deciduous), height and width at maturity, and in consultation with qualified landscape professionals, and should consider specific site conditions, disease resistance, and other qualities to ensure healthy and beautiful landscapes.

(b)

Tree protection standards.

(1)

Trees which are to be preserved on site shall be protected before, during, and after the development process utilizing accepted practices. At minimum, the tree protection practices set out in the Virginia Erosion and Sediment Control Handbook, as amended, shall be utilized.

(2)

Trees selected for preservation in order to obtain landscaping credits shall be shown on the landscape plan and clearly marked in the field. In woodland areas, groups of trees shall be selected for preservation rather than single trees wherever possible.

(3)

Trees and groups of trees which are to be preserved shall be enclosed by a temporary fence or barrier to be located and maintained five feet outside of their dripline during construction. Such a fence or barrier shall be installed prior to clearing or construction, shall be sufficient to prevent intrusion into the fenced area during construction, and in no case shall materials, vehicles, or equipment be stored or stockpiled within the enclosure. Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices.

(4)

The developer shall be responsible for notifying all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that they are observed.

(5)

Where grade changes in excess of six inches from the existing natural grade level are necessary, permanent protective structures such as tree wells or walls shall be installed as recommended by the tree preservation and protection standards outlined in the State Erosion and Sediment Control Handbook.

(c)

Tree preservation standards. In determining which trees shall be preserved, consideration shall be given to preserving trees which:

(1)

Are heritage, memorial, significant, and specimen trees;

(2)

Complement the project design including the enhancement of the architecture and streetscape appearance;

(3)

Can tolerate environmental changes to be caused by development (i.e., increased sunlight, heat, wind, and alteration of water regime);

(4)

Have strong branching and rooting patterns;

(5)

Are disease and insect-resistant;

(6)

Complement or do not conflict with stormwater management and best management practice designs;

(7)

Are located in required buffer areas;

(8)

Exist in natural groupings, including islands of trees;

(9)

Do not conflict with necessary utility; and

(10)

Have been recommended by the Commonwealth Department of Forestry, the county cooperative extension service, or a certified arborist or urban forester for preservation.

(a)

Fences and walls may be used within landscaped areas to provide buffering, privacy, separation, security, or for aesthetic reasons, but may not create an unsightly or unsafe condition on or off of the public or private property on which the fence or wall is proposed.

(b)

The provisions of this section shall apply to all construction, reconstruction, or replacement of fences or walls except:

(1)

Those required for support of a principal or accessory structure;

(2)

Engineered retaining walls necessary to the development of a site; or

(3)

Temporary fences for construction activities, trees protection, and erosion and sediment control.

(c)

Fences or walls shall not be located within the public right-of-way.

(d)

Fences and walls may be located within any required yard or setback.

(e)

Fences located within an easement shall receive written authorization from the easement holder or the County (as appropriate). The County shall not be responsible for damage to, or the repair or replacement of, fences that must be removed to access such easements or facilities.

(f)

No fence or wall shall be installed in a manner or in a location so as to block or divert a natural drainage flow on to or off of any other land, unless the fence or wall has specifically been approved as part of an approved stormwater management plan.

(g)

Fences and walls within buffers shall be installed so as not to disturb or damage existing vegetation or installed plant material.

(h)

No fence or wall shall be constructed in a manner or in a location that impairs safety or sight lines for pedestrians and vehicles traveling on public rights-of-way.

(i)

Appearance.

(1)

Customary Materials. Fences and walls shall be constructed of any combination of treated wood posts and vertically-oriented planks, rot-resistant wood, wrought iron, decorative metal materials, brick, stone, masonry materials, or products designed to resemble these materials. Where wood, masonry, or other opaque materials are specified for particular types of screening or buffering fences or walls, all other fence materials are prohibited.

(2)

Finished Side to Outside. Wherever a fence or wall is installed, if one side of the fence or wall appears more "finished" than the other (e.g., one side has visible support framing and the other does not), then the more "finished" side of the fence shall face the perimeter of the lot rather than the interior of the lot.

(3)

Compatibility of Materials Along a Single Lot Side. All fencing or wall segments located along a single lot side shall be composed of a uniform style, material, and color compatible with other parts of the fence.

(4)

Chain link fencing shall be allowed, subject to the following requirements:

a.

Agricultural Districts: Chain link fencing is permitted on lots within agricultural zoning districts.

b.

Residential Districts: Chain link fencing is permitted on lots within residential zoning districts, provided it does not include opaque slats.

c.

Industrial Districts: Chain link fencing shall be allowed on lots within "I" zoning districts, provided it is coated with black or dark green vinyl. Where opaque fencing is required, the chain link fencing may include black or dark green opaque slats.

d.

Business/Planned Districts: Chain link fencing shall only be allowed on lots within "B" or "P" zoning districts where the chain link fencing is not visible from any street right-of-way. The chain link fencing shall be coated with black or dark green. Where opaque fencing is required, the chain link fencing may include black or dark green opaque slats.

(j)

Prohibited Materials. Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood, or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed into new building materials.

(k)

All fences and walls and associated landscaping shall be maintained in good repair and in a safe and attractive condition. The owner of the property on which a fence or wall is located shall be responsible for maintenance, including, but not limited to, the replacement of missing, decayed, or broken structural and decorative elements.

The landscaping standards shall be enforced by the Essex County Zoning Administrator. Modifications of the layout and design standards contained herein may be approved by the Zoning Administrator upon a determination that the following conditions exist:

(1)

The proposed layout and design provide landscaping which will have the same or similar screening impact, intensity, or variation throughout the year when viewed from adjacent properties or rights-of-way as that which would be required by strict interpretation of the standards contained in this subsection.

(2)

The proposed layout and design fully integrate and complement the existing trees to be preserved on the site.

(3)

Any trees or shrubs installed or preserved on the site which exceed the minimum numerical requirements of this chapter shall not be subject to the species mixture, locational, maintenance or replacement requirements contained herein.

(4)

The Zoning Administrator may reduce full buffering and screening to partial buffering and screening as deemed appropriate when uses are in-kind with adjacent uses.

(5)

An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the County affected by any decision of the Zoning Administrator in enforcement of this Article as outlined in Article II, Division 6 of this ordinance.