It is the intent of this section to establish standards for the surface of Smith Mountain Lake lying within Franklin County's jurisdiction for the purpose of enhancement of public recreation and water safety on Smith Mountain Lake.

(Ord. of 5-25-88)

This section shall apply to the surface waters (and flowage easement area) of Smith Mountain Lake lying below the contour elevation eight hundred two and seven-tenths feet (802.7 is the 100-year flood elevation) above mean sea level U.S.G.S. Datum, and to land uses bordering on and directly affecting the use of water of Smith Mountain Lake.

(Ord. of 5-25-88)

The district may be considered as an overlay zone; its peripheral boundaries may overlap zones landside of Smith Mountain Lake.

(Ord. of 5-25-88)

(a)

Piers. In no event shall a pier facility extend more than one-third the width of the channel or cove, measured from the shore at the point of the proposed construction to the nearest point on the opposite shore. Two (2) piers, built from opposite sides of a cove, cannot through their combined lengths extend greater than two-thirds the distance across a cove. The intent here is to reserve at all points an open channel equal to at least one-third of the cove's width at all points.

Individuals who own waterfront property and who cannot build a pier or boathouse facility which will meet the one-third rule may apply for a variance to the one-third rule and, with the approval of all persons who will be affected by the proposed pier, may be granted such variance by the zoning administrator. The zoning administrator shall be limited to granting variances on docks or piers which extend no further than eighty (80) feet into the lake from the 795 level. This exception shall apply only to private pier facilities, including a common pier or boathouse built by a group of waterfront property owners. This section shall not prevent individuals from having their variance request heard in public hearing in the event that all affected persons are not in agreement with the proposed pier.

No pier or boathouse facility shall exceed a height greater than eighteen (18) feet from full pond level, except in areas zoned RPD, B-1, B-2 or M-1 when the width of the structure requires a higher roof line to put an architectural rood [sic] on the boathouse of no greater than a 4/12 pitch, with a height limitation of twenty-four (24) feet.

(b)

Boathouses and similar marine structures. Boathouses and other like structures shall be required to conform to the length requirements set out above for piers. For example, when included on piers and docks, they shall not cause the piers or docks to exceed the 120-foot or one-third distance requirement set out.

No boathouse facility shall exceed a height greater than eighteen (18) feet from full pond level. No boathouse facility shall have a septic hookup or be used for living quarters.

(c)

Nothing in this section shall replace or supersede regulations of the Virginia Department of Game and Inland Fisheries.

(Ord. of 5-25-88; Res. No. 10-07-90, 7-2-90; Res. No. 18-09-90, 9-17-90; Res. No. 23-12-91, 12-17-91)

When placed in the lake for navigational purposes, moorings and floats shall be so placed only with the expressed written approval of the board of supervisors or its delegated agent. Guiding regulations shall include:

(1)

When placed for the purpose of mooring boats or other legal and authorized floating objects, the mooring shall be separated on every side from any other mooring by a distance of fifty (50) feet.

(2)

Moorings and floats shall be located so as to permit unobstructed passage on the Lake of through boats.

(3)

Moorings and floats shall not be anchored in such manner as to deny or obstruct in any manner access to the lake from boat docks or piers, boathouses or boat launching ramps.

(Ord. of 5-25-88)

(a)

There shall be no more than three (3) separate, freestanding piers, docks, or boathouses on any one residential lot.

(b)

On any one lot which has more than one pier, dock, or boathouse there shall be a minimum of forty (40) feet between each pier, dock, or boathouse facility, measured from center of the point of construction on the shore of each facility.

(c)

A pier, dock, or boathouse located on a residential lot may be constructed prior to or after construction of a residence on the lot, provided it conforms to all other applicable local and state regulations, including the county building code.

(d)

Every pier, dock, or boathouse on Smith Mountain Lake shall conform to the provisions of sections 25-471 through 25-474.

(Amend. of 9-16-97)

It is the intent of this section to recognize the value of the scenic viewsheds, natural resources, and vital transportation corridors of Franklin County. The major highways serve areas of population and economic growth and facilitate movement from one area to another. The corridor overlay district has been established to achieve the following community goals and objectives:

(1)

Protect the public health, safety and welfare of the public.

(2)

Promote the economic growth of the county by creating a community image that is conducive to attracting new residents, business and industrial development.

(3)

Accomplish the purposes of the sign regulations set forth in section 25-156.1 of this chapter.

(4)

Preserve and protect the viewsheds.

(5)

Regulate development of the land along the corridors to improve visibility and coordinate signage.

(Res. No. 28-10-99, 10-19-99)

For the purpose of this section certain terms are defined as follows:

(1)

Agriculture means the tilling of the soil, the raising of crops, horticulture, forestry and gardening, including the keeping of animals and fowl and including any agricultural industry or business such as fruit packing plants, dairies or similar use.

(2)

Residential means a building containing dwelling units or rooming units, including single-family or two-family houses, multiple-family dwellings, mobile or manufactured homes, boarding houses or rooming houses, dormitories, fraternity or sorority houses or apartment hotels.

(3)

Business means a wholesale, retail or service activity established to carry on trade for a profit and that has paid a retail tax on inventory and a tax on equipment to the commissioner of revenue for two (2) preceding years.

(4)

Industrial means an enterprise engaged in the processing, manufacturing, compounding, assembling, packaging, treatment or fabrication of materials from raw or previously manufactured materials and that has paid a tax on machinery and tools for the two (2) previous years.

(5)

Notwithstanding the foregoing definitions of business and industrial, none of the following shall be considered business or industrial:

(a)

Outdoor advertising structures.

(b)

Agricultural use as defined above.

(c)

Residential use as defined above.

(d)

Transient or temporary activities.

(e)

Activities not visible from the main traveled way.

(f)

Activities more than five hundred (500) feet from the nearest edge of the right-of-way.

(g)

Activities conducted in a building principally used as a residence, including, but not limited to, home occupations class A and B as defined in section 25-40 of the Zoning Ordinance.

(h)

Railroad tracts and minor sidings.

(Res. No. 28-10-99, 10-19-99)

This section shall apply to lands located within five hundred (500) feet of the edge of the highway right-of-way of Routes 40, 116, 220 and 122, but excluding the lands within the towns of Rocky Mount and Boones Mill, which lands are regulated by the towns.

(Res. No. 28-10-99, 10-19-99)

In areas regulated by an adopted underlying zoning district this section shall apply only to structures constructed or expanded and to land uses established or modified after the effective enactment date of this amendment to the Zoning Ordinance. All existing structures and uses, which do not conform to the provisions of these regulations, shall be considered non-conforming uses and shall be regulated by the provisions of sections 25-161 to 25-166 of this chapter.

In areas not regulated by an adopted underlying zoning district, that is, on Route 220 south of Rocky Mount and Route 40 west of Rocky Mount, only the standards included in this corridor district shall apply to the land. No other minimum standards of the Zoning Ordinance shall apply.

(Res. No. 28-10-99, 10-19-99)

The uses permitted in the corridor overlay district shall be the same as those permitted in the underlying zoning district. Where there is no underlying zoning district there shall be no regulation of use except as a part of the application of the minimum standards established in this section.

(Res. No. 28-10-99, 10-19-99)

(1)

The requirements for signs as set forth in section 25-156 shall apply to all land within this corridor overlay district, that is, to land regulated by an underlying zoning district and to land with no underlying zoning district.

(2)

In areas where there is no underlying zoning district, the regulations of section 25-156.10 shall apply to each tract of land that is the site of an agricultural or residential use.

(3)

In areas where there is no underlying zoning district, the regulations of section 25-156.11 shall apply to each tract of land that is the site of a business or industrial use.

(Res. No. 28-10-99, 10-19-99)

The Westlake Village Center Overlay district recognizes that the area will serve as a focal point for cultural and commercial activity of the Smith Mountain Lake area of the county. The village center overlay district promotes a development pattern that brings a sense of community to the surrounding rural area with an emphasis on facilitating the creation of a convenient, attractive and harmonious community center that provides essential goods and services to rural residents and may also include higher density housing and office and light industrial employment centers. The purpose of the overlay district is to implement key provisions of the Westlake Design Guidelines in order to:

(1)

Create a sense of place.

(2)

Create a unified architectural character where new development is harmonious, well coordinated and compatible with the historic architecture of the area.

(3)

Create convenient, safe and comfortable pedestrian linkage between commercial and residential areas and between commercial sites.

(4)

Create a consistent approach to location, design and landscaping of parking areas for commercial use.

(5)

Create visual buffers between historic properties and commercial uses.

(6)

Create an approach to signs that reduces clutter.

(7)

Create lighting that does not pollute the night sky and does not impact adjacent uses, particularly historic sites.

(8)

Create new development that protects scenic views.

(Ord. of 7-16-02(2); Ord. of 11-19-04)

This section shall apply to lands located within the map identified as the West Lake Corner Planning Area and specifically includes the parcels of land identified on the map titled the Westlake Corner Planning Area and further identified on the Franklin County Tax Maps as the following parcels: 29-25; 30-49.4; 30-14.10; 29-24; 30-49.2; 30-13; 30-49.3; 30-13.3; 30-1.3; 30-48; 30-13.2; 30-1.2; 30-48.4; 30-12.1B; 30-1.6; 30-49.1; 30-14.9; 30-1.5; 30-48.1; 30-13.1; 30-1.4; 30-48.3; 30-12.1A; 30-52; 30-48.2; 30-12; 30-59.1A; 30-16.3; 30-12.1; 30-59.17; 30-16.2; 30-14.2; 30-59.14; 30-16; 30-14.1; 30-59.16; 30-17.2; 30-4; 30-59.15; 30-17; 30-5; 30-59.13; 30-17.3; 30-6; 30-59.12; 30-17.4; 30-7; 30-59.2; 30-17.5; 30-8; 30-59.1C; 30-17.1; 30-9; 30-59.1; 30-18.1; 30-10; 30-59.18; 30-18.2; 30-11; 30-59.18C; 30-18; 30-14.4; 30-59.18B; 30-19; 30-59.18A; 30-19.1; 30-59.19; 30-19.2; 30-59.11; 30-60; 30-59.10; 15-36; 30-59.9; 30-59.8; 15-38; 30-59.7A; 15-37.2; 30-59.7; 15-37; 30-59.3; 15-37.1; 30-51; 15-36.2; 30-51.3; 15-36.3; 30-51.2; 30-51.1; 15-35; 30-59; 30-58.2; 30-16.1; 30-15; 30-58.1; 30-14.5; 30-58; 30-14.5B; 30-59.1B; 30-14.5A; 30-60.2; 30-14.3; 30-60.1; 30-14; 30-50; 30-14.10A; 30-49; 30-16.1A.

(Ord. of 7-16-02(2); Ord. of 11-19-04)

The uses permitted in the Village Center Overlay District shall be those permitted in the underlying zoning district and also the following uses. Where there is a conflict between the uses provided in the underlying zoning district and the uses provided below, the more inclusive list shall apply, unless such use is in the list of prohibited uses found in section 25-494 below.

Agriculture

Churches

Community center

Daycare centers

Eldercare centers, homes, facilities (licensed)

Emergency service facilities—Fire and rescue

Homes for the developmentally disabled

Hospitals

Libraries

Nursing homes

Parks

Playgrounds

Post office

Schools, public or private

Senior citizen centers

(Ord. of 7-16-02(2); Ord. of 11-19-04; Ord. of 2-21-06(2))

Automobile graveyard

Flea market

Junkyards

Landfills

Asphalt and cement mixing plants

Storage yards for manufactured or mobile homes

(Ord. of 7-16-02(2); Ord. of 11-19-04)

(a)

Required landscape area. A planting area a minimum of twenty (20) feet in width, measured from the edge of the Virginia Department of Transportation (VDOT) right-of-way, shall be provided on each parcel of land along each street frontage as part of new and amended development. Land within this area shall be used for landscaping, sidewalks and open space. Driveway entrances and signs permitted by this division may be placed in this open space area. The required planting area shall be subordinate to, and shall not be construed to prohibit, any future road widening by VDOT. Should VDOT widen Routes 122 and 616, the required landscape area may be required for right-of-way and associated construction.

(b)

Minimum building setback. A building shall be set back twenty (20) feet from the edge of the required landscape area, measured from the building to the edge of the required landscape area. In the case of Route 122 in the Westlake Village Center Overlay District, the minimum building setback is eighty-five (85) feet from the centerline of highway, and in the case of Route 616 in the Westlake Village Center Overlay District, the minimum building setback is eighty (80) feet from the centerline of the highway.

(c)

Street entrances: Minimum spacing requirements.

(1)

All entrances onto state roads in the Westlake Village Center Overlay District must comply with the VDOT commercial entrance permit requirements. Except where explicitly prohibited by the terms of the VDOT entrance permit, the following additional standards shall apply.

(2)

All lots fronting on a state road in the Westlake Village Center Overlay District shall have no more than one entrance onto such road, unless otherwise approved by the zoning administrator and VDOT.

(3)

Entrances onto state roads in the Westlake Village Center Overlay District shall be spaced a minimum of three hundred (300) feet from other entrances, such distance measured from centerline to centerline of the entrance.

(4)

To reduce the number of entrances to state roads, the use of shared entrances by adjoining parcels is strongly encouraged.

(5)

Existing lots that cannot meet the three hundred-foot spacing requirement between entrances onto a state road in the Westlake Village Center Overlay District shall be allowed to have an entrance at a location that maximizes the distance from other entrances at the discretion of VDOT; however, the sharing of a highway access entrance with another parcel is encouraged to maintain the three hundred-foot spacing requirement.

(6)

Where practical, entrances onto a state road in the Westlake Village Center Overlay District shall be located directly across the street from entrances on the opposite side of the highway.

(d)

Parking: The parking requirements of section 25-80 through 25-86 shall apply except as modified herein.

(1)

One (1) parking space for each three hundred (300) square feet of floor area is required for any mixed use development, which includes general business, commercial or personal service establishments.

(2)

Buildings shall have no more than one (1) row of nose-in parking, facing the building, between the building and the street to which it is oriented., with the exception of buildings with frontage on Route 122 or Route 616 which may have two (2) rows of parking between the building and the street to which it is oriented.

(e)

Required landscaping and buffering:

(1)

The site plan for each project shall include a landscape plan that complies with the landscape provisions of this division and sections 25-91 through 25-103.

(2)

Landscape islands in parking lots and perimeter landscaping around the lots shall provide sufficient trees so that the canopy of the trees at maturity shall shade at least twenty (20) percent of the lot.

(3)

A fifty-foot wide opaque landscaped buffer area shall be provided on any commercial/industrial site on any property line adjacent to a residential or historic site. The buffer shall be densely planted with a mixture of native evergreen and deciduous trees that will reach at least fifty (50) feet in height at maturity.

(f)

Signs: The sign requirements of sections 25-156.1 through section 25- 156.13 shall apply except as modified herein.

(1)

The site plan for each new development shall include a signage plan.

(2)

Multi tenant development, shopping center or industrial park directory:

a.

For such developments with one (1) entrance, there shall be no more than one (1) directory sign, and the sign shall be no more than one hundred (100) square feet in area and fifteen (15) feet in height with no more than one (1) development identification sign and four (4) individual business signs on the directory. The zoning administrator may be requested to approve a waiver so that more than four (4) individual business signs may be on the directory sign in the event that more than four (4) individual businesses are located on the premises, so long as the directory sign is no more than one hundred (100) square feet in area and fifteen (15) feet in height.

b.

For such developments with more than one (1) entrance, there shall be no more than one (1) directory sign for each entrance. If more than one (1) directory signs are installed, each directory sign shall be no more than fifty (50) square feet in area and no more than ten (10) feet in height with no more than one (1) development identification sign and three (3) individual business signs on each directory. The zoning administrator may be requested to approve a waiver so that more than three (3) individual business signs may be on such directory signs in the event that more than three (3) individual businesses are located on the premises, so long as such directory signs are no more than fifty (50) square feet in area and no more than ten (10) feet in height.

(4)

Sign setbacks: There is no minimum sign setback from the public right of way, except that no portion of any sign shall encroach over the edge of the right of way.

(5)

Off-premises signs prohibited: No freestanding sign shall advertise a business or activity that is not located on the parcel of land upon which the sign is located with the exception of directory signs as permitted in subsections (2) and (3) above.

(6)

Individual businesses located on an individual parcel shall be allowed one (1) freestanding, monument type sign no more than thirty-two (32) square feet in area with a maximum height of eight (8) feet.

(g)

Outdoor storage, mechanical/electrical equipment and solid waste disposal.

(1)

All fuel, raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties or roadways.

(2)

All refuse containers shall be adequately sized to handle the needs of the facility or development and all material or wastes which might cause fumes or dust, constitute a fire hazard, or may be edible or otherwise attractive to rodents or insects shall be stored only in completely closed containers.

(3)

All outdoor refuse storage areas shall be located in a paved or concrete- paved area and hidden from general public view, either from within or outside the lot, by means of fences, walls, landscape planting, or other screening approved by the zoning administrator. A solid wood or masonry fence or other screening as approved at least six (6) feet in height shall be provided on three (3) sides with a solid opaque gate on the fourth side. Landscaping shall be incorporated to improve visual appearance.

(4)

Roof mounted mechanical/electrical equipment, satellite dishes and any other communications equipment shall be concealed from view of public rights-of-way and neighboring properties from street level. Where reasonable height parapet or screen walls are insufficient to provide screening, all equipment shall be painted in a neutral color to blend with roofing materials.

(5)

Ground and wall mounted mechanical/electrical service equipment shall be screened from general public view, either from within or outside the lot, by means of fences, walls, landscape planting, or other screening approved by the zoning administrator.

(h)

Curb and gutter. Curb and gutter is not encouraged along property lines abutting public roadways.

(i)

Sidewalks. Sidewalks, a minimum of five feet in width, shall be installed along any public roadway so as to achieve connectivity to adjoining sites. All sidewalks shall be constructed of concrete and shall be gray in color.

(j)

Utilities. All utilities shall be placed underground.

(Ord. of 7-16-02(2); Ord. of 11-19-04)

(a)

A site plan prepared in accordance with sections 25-667 through 25-728 of this division is required prior to the issuance of a building permit for any site in the Westlake Village Center Overlay District.

(b)

Preparation by a licensed professional: Each site plan, or portion thereof, involving engineering, architecture, or land surveying shall be prepared by persons qualified to do such work. Site plans shall be certified by an architect, landscape architect, engineer or land surveyor, within the limits of their respective licenses, authorizing them to practice by the State of Virginia.

(c)

Sources of guidance in design: The site plan shall be designed with reference to the requirements of this zoning ordinance, the subdivision ordinance, and other applicable county and state regulations. Additionally, the project design and layout shall be designed with reference to guidance provided by the adopted Comprehensive Plan .

(Ord. of 7-16-02(2); Ord. of 11-19-04)

(a)

If there is a conflict between the requirements of the zoning ordinance, the subdivision ordinance or other applicable county and state regulations and the Westlake Village Center Overlay District, the Westlake Village Center Overlay District requirements shall apply as the standards, unless they conflict with state regulations. Notwithstanding the foregoing, the zoning administrator may waive or modify a requirement of the Westlake Village Center Overlay District upon written petition where the applicant has established and the zoning administrator finds that the strict enforcement of the requirement is either unnecessary or would create an undue hardship, provided such a waiver or modification, as requested, shall not be adverse to the purpose of the provision being waived and that the applicant has proposed an alternative design solution that fulfills the design goals to an equivalent degree as the requirement that is being waived or modified.

(b)

The authority of the zoning administrator to grant waivers or modifications shall not be construed to extend to requests for variances of the minimum standards of the lot size, lot width, lot frontage, height, setback, floor area, parking, open space, or loading space that are defined by this division to be a power and duty of the board of zoning appeals.

(c)

Any person aggrieved by a decision of the zoning administrator with respect to approval or denial of a written request for a waiver or modification of a Westlake Village Center Overlay District requirement may appeal such decision to the Franklin County Board of Zoning Appeals within thirty (30) days of the decision. Such appeals shall be placed on the agenda for the next regular meeting of the board of zoning appeals. The board of zoning appeals shall review the appeal and may hear public comment. The board of zoning appeals may uphold or countermand the decision of the zoning administrator, either in whole or in part.

(d)

Any person aggrieved by a decision of the board of zoning appeals with respect to approval or denial of a written request for a waiver or modification of a Westlake Village Center Overlay District requirement may appeal the decision to the circuit court within thirty (30) days of the decision.

(e)

For the purposes of this section, the term "person aggrieved" shall mean the applicant or any person who owns real property which is located adjacent to a parcel upon which a site plan has been filed.

(Ord. of 7-16-02(2); Ord. of 11-19-04)

The 220-North Scenic Gateway Overlay District is intended to promote uses with compatible visual relationship with the natural terrain, existing agricultural uses, and the established rural setting, by limiting residential density and promoting residential clustering with the preservation of significant open spaces. The 220-North Scenic Gateway Overlay District seeks to conserve the scenic views and natural vegetation of this section of the Route 220 corridor by preserving open space; limiting development along the highway; prohibiting obtrusive signage; minimizing traffic congestion with controlling vehicular access to the highway, and encouraging innovative design for developments. The requirements of this division are meant to work in conjunction with the requirements of the underlying zoning districts to guide the type and arrangement of uses, structures, buildings, roads, signs, landscaping, and buffering in an efficient and coordinated manner.

(Res. No. 18-12-2009, 12-15-09)

The 220-North Scenic Gateway Overlay District includes an area on each side of the Virginia Route 220, extending generally from the Roanoke County/Franklin County line to the northern corporate boundary of the Town of Boones Mill. The official boundaries of the 220-North Scenic Gateway Overlay District are shown on the official zoning map for Franklin County, and are further described as follows:

(1)

Beginning at a point along the centerline of the northbound travel lane of Route 220 at the Franklin County/Roanoke County line; thence east along the Franklin County/Roanoke County line for a distance equal to one fourth (¼) of a mile from the centerline of the northbound travel lane of Route 220, as measured perpendicular from the centerline of the northbound travel lane of Route 220; thence south and southeast in a manner parallel to the centerline of the northbound travel lane of Route 220 at a distance of one-fourth (¼) of a mile from the centerline of the northbound travel lane of Route 220, as measured perpendicular to the centerline of the northbound travel lane of Route 220, following such course to the corporate boundary of the Town of Boones Mill; thence northwest along the corporate boundary of the Town of Boones Mill to a point that is the northernmost extent of the corporate boundary of the Town of Boones Mill; thence southwest along the corporate boundary of the Town of Boones Mill to a point along the centerline of the northbound travel lane of Route 220; thence southeast along the corporate boundary of the Town of Boones Mill to a point along the centerline of the southbound travel lane of Route 220; thence southeast and south along the corporate boundary of the Town of Boones Mill for a distance of one fourth (¼) of a mile from the centerline of the southbound travel land of Route 220, as measured perpendicular to the centerline of the southbound travel lane of Route 220; thence northwest and north in a manner parallel to the centerline of the southbound travel lane of Route 220 at a distance of one fourth (¼) of a mile from the centerline of the southbound travel lane of Route 220, as measured perpendicular to the centerline of the southbound travel lane of Route 220; following such course to a point along the Franklin County/Roanoke County line that is one fourth (¼) of a mile from the centerline of the southbound travel lane of Route 220, as measured perpendicular to the centerline of the southbound travel lane of Route 220; thence east, southeast, south and east along the Franklin County/Roanoke County line to a point along the centerline of the southbound travel lane of Route 220; thence east along the Franklin County/Roanoke County line to the point of origin along the centerline of the northbound travel lane of Route 220.

(2)

The boundaries of the 220-North Scenic Gateway Overlay District may be amended to extend such boundaries to include any parcel of land, in part or in its entirety, that contains area within or immediately abutting the official boundaries of the 220-North Scenic Gateway Overlay, as described above. Any such amendment of the overlay boundaries shall be consistent with the requirements of this chapter for amendment of the zoning ordinance, and, if approved by the board of supervisors, shall be reflected on the official zoning map for Franklin County.

(Res. No. 18-12-2009, 12-15-09)

The 220-North Scenic Gateway Overlay District is intended to work in conjunction with the requirements of the underlying zoning district. Where specifically enumerated, the requirements of this division shall supercede the requirements of the zoning ordinance and the subdivision ordinance. In the absence of an enumerated requirement of this division, the requirements of the zoning ordinance and the subdivision ordinance shall prevail.

(Res. No. 18-12-2009, 12-15-09)

Where any change to the underlying zoning classification is requested (also known as a zoning map amendment or rezoning), such request shall be accompanied by a conceptual plan of development conforming to the concept plan requirements of the RPD, Residential Planned Unit Development District.

(Res. No. 18-12-2009, 12-15-09)

Editor's note— Res. No. 22-11-2011, adopted November 15, 2011, repealed §§ 25-500.4—25-500.7, which pertained to residential cluster developments; standards for residential lots within residential cluster developments; standards for required open space within residential cluster developments; ownership and management of required open space within residential cluster developments and derived from Res. No. 18-12-2009, 12-15-09. Users' attention is directed to section 25-189 for similar provisions.

With the exception of single-family residential development, all development within the 220-North Scenic Gateway Overlay District shall comply with the following requirements for landscaping:

(1)

Parking lots shall be developed with the following perimeter landscaping:

a.

At least one (1) large deciduous tree for each fifty (50) lineal feet.

b.

At least one (1) small deciduous tree for each fifty (50) lineal feet.

c.

At least one (1) medium shrub for each ten (10) lineal feet.

(2)

Parking lots shall be developed with the following interior landscaping:

a.

At least one (1) landscape island for each one-hundred (100) lineal feet.

b.

At least one (1) large deciduous tree for each required landscape island.

(Res. No. 18-12-2009, 12-15-09)

Free-standing signs within the 220-North Scenic Gateway Overlay District shall comply with the following:

(1)

Free-standing signs shall be monument-style with solid base or pedestal, and shall not exceed eight (8) feet in height as measured from the lowest grade adjacent to the base of the sign.

(2)

Off-premises signs shall be prohibited.

(3)

Internally-illuminated signs shall be prohibited.

(4)

Any development requiring the submittal of a concept plan shall also include a signage plan, showing the location, design, size, height and arrangement of all proposed free-standing signs. The signage plan shall be incorporated into the required concept plan.

(Res. No. 18-12-2009, 12-15-09)

A buffer shall be required adjacent to the Route 220 right-of-way, in accordance with the following:

(1)

No buildings, parking areas, and other physical site improvements shall be located within the required buffer, with the exception of driveway access as approved by VDOT.

(2)

The required buffer shall extend two hundred fifty (250) feet from the edge of the Route 220 right-of-way, as measured perpendicular to the edge of the Route 220 right-of-way, unless otherwise allowed in this section.

(3)

Any parcel in existence at the time of adoption of this section containing less than one half (½) of an acre of area, or measuring less than five hundred (500) feet in depth as measured perpendicular to the edge of the Route 220 right-of-way, shall be required to maintain a one hundred (100) foot buffer, as measured perpendicular to the edge of the Route 220 right-of-way.

(4)

Tree cutting and timber harvesting shall be permitted within the required buffer, in accordance with the following standards:

a.

Trees measuring more than six (6) inches in diameter but less than eighteen (18) inches in diameter, as measured at breast height, shall not be cut, except as otherwise provided in this section.

b.

Nothing herein shall prohibit the cutting of trees for the following:

1.

Installation of permitted roads, driveways, trails, or utilities;

2.

Tree cutting for domestic firewood use;

3.

Removal of trees posing an imminent hazard to health or safety of persons or livestock;

4.

Removal of dead trees;

5.

Removal of invasive tree species.

(Res. No. 18-12-2009, 12-15-09; Res. No. 22-11-2011, 11-15-11)

The following standards for access management shall apply within the 220-North Scenic Gateway Overlay District:

(1)

All new roads or streets within the 220-North Scenic Gateway Overlay District shall be constructed to VDOT standards for the acceptance of secondary streets into the state maintenance system.

(2)

All new entrances to public or private streets shall comply with VDOT standards for entrance separation, sight distance, turn radius, and corner clearance.

(Res. No. 18-12-2009, 12-15-09)

The following standards shall apply to the placement and screening of utilities and mechanical/electrical equipment within the 220-North Scenic Gateway Overlay District:

(1)

All utilities shall be placed underground on parcels of land that are being developed or redeveloped.

(2)

Ground and wall-mounted mechanical/electrical service equipment shall be screened from general public view by means of fences, walls, landscape planting, or other screening approved by the zoning administrator.

(3)

Roof-mounted mechanical/electrical equipment, satellite dishes and any other communications equipment shall be concealed from view of public rights-of-way and neighboring properties from street level. Where reasonable height parapet or screen walls are insufficient to provide screening, all equipment shall be painted in a neutral color to blend with roofing materials.

(Res. No. 18-12-2009, 12-15-09)

The 220-North Rural Development Overlay District is intended to promote the efficient and compact design of residential developments within a rural setting, by encouraging the clustering of dwelling units and the preservation of significant open spaces. The 220-North Rural Development Overlay District seeks to conserve the scenic and rural character of this section of the Route 220 corridor by preserving open spaces; limiting commercial development; prohibiting obtrusive signage; and encouraging innovative design for clustered residential developments. The requirements of this division are meant to work in conjunction with the requirements of the underlying zoning districts to guide the type and arrangement of uses, structures, buildings, roads, and signs in an efficient and coordinated manner.

(Res. No. 18-11-2009, 11-17-09)

The 220-North Rural Development Overlay District includes an area on each side of Virginia Route 220, generally from the southern corporate boundary of the Town of Boones Mill to the intersection of Route 220 and Brick Church Road. The official boundaries of the 220-North Rural Development Overlay District are shown on the official zoning map for Franklin County, and are further described as follows:

(1)

Beginning at a point along the centerline of the northbound travel lane of Route 220 at the intersection of Route 220 and Brick Church Road; thence southeast along the centerline of the northbound travel lane of Route 220 to the intersection of Route 220 and Link Street; thence northeast along the centerline of the Link Street right-of-way to the intersection of Link Street and Rolling Hill Drive; thence east along the centerline of the Rolling Hill Drive right-of-way to the intersection of Rolling Hill Drive and Hazelwood Lane; thence northeast along the centerline of the Hazelwood Lane right-of-way for a distance equal to one-half (½) of a mile from the centerline of the northbound travel lane of Route 220, as measured perpendicular to the centerline of the northbound travel lane of Route 220; thence northwest in a manner parallel to the centerline of the northbound travel lane of Route 220 at a distance of one-half (½) of a mile from the centerline of the northbound travel lane of Route 220, as measured perpendicular to the centerline of the northbound travel lane of Route 220, following such course to the corporate boundary of the Town of Boones Mill; thence west along the corporate boundary of the Town of Boones Mill to a point located along the centerline of the northbound travel lane of Route 220; thence west along the corporate boundary of the Town of Boones Mill to a point located along the centerline of the southbound travel lane of Route 220; thence west along the corporate boundary of the Town of Boones Mill for a distance equal to one-half (½) of a mile from the centerline of the southbound travel lane of Route 220, as measured perpendicular to the centerline of the southbound travel lane of Route 220, thence southeast in a manner parallel to the centerline of the southbound travel lane of Route 220 at a distance of one-half (½) of a mile from the centerline of the southbound travel lane of Route 220, as measured perpendicular to the centerline of the southbound travel lane of Route 220, following such course to the centerline of the Brick Church Road right-of-way; thence northeast along the centerline of the Brick Church Road right-of-way to the intersection of Brick Church Road and Route 220 at a point located along the centerline of the southbound travel lane of Route 220.

(2)

The boundaries of the 220-North Rural Development Overlay District may be amended to extend such boundaries to include any parcel of land, in part or in its entirety, that contains area within or immediately abutting the official boundaries of the 220-North Rural Development Overlay, as described above. Any such amendment of the overlay boundaries shall be consistent with the requirements of this chapter for amendment of the zoning ordinance, and, if approved by the board of supervisors, shall be reflected on the official zoning map for Franklin County.

(Res. No. 18-11-2009, 11-17-09; Res. No. 22-11-2011, 11-15-11)

The 220-North Rural Development Overlay District is intended to work in conjunction with the requirements of the underlying zoning district. Where specifically enumerated, the requirements of this division shall supersede the requirements of the zoning ordinance and the subdivision ordinance, except properties zoned as Regional Enterprise Park (REP). In the absence of an enumerated requirement of this division, the requirements of the zoning ordinance and the subdivision ordinance shall prevail.

(Res. No. 18-11-2009, 11-17-09; Ord. No. 06-08-2016, 8-16-16)

Where any change to the underlying zoning classification is requested (also known as a zoning map amendment or rezoning), such request shall be accompanied by a conceptual plan of development conforming to the concept plan requirements of the RPD, Residential Planned Unit Development District. This requirement shall not apply to properties currently zoned or changing to Regional Enterprise Park (REP) District.

(Res. No. 18-11-2009, 11-17-09; Ord. No. 06-08-2016, 8-16-16)

Editor's note— Res. No. 22-11-2011, adopted November 15, 2011, repealed §§ 25-501.4—25-501.7, which pertained to residential cluster developments; standards for residential lots within residential cluster developments; standards for required open space within residential cluster developments; ownership and management of required open space within residential cluster developments and derived from Res. No. 18-11-2009, 11-17-09. Users' attention is directed to section 25-189 for similar provisions.

Free-standing signs within the 220-North Rural Development Overlay District shall comply with the following:

(1)

Off-premises signs shall be prohibited.

(2)

Any development requiring the submittal of a concept plan shall also include a signage plan, showing the location, design, size, height and arrangement of all proposed free-standing signs. The signage plan shall be incorporated into the required concept plan.

(Res. No. 18-11-2009, 11-17-09)

The following standards for access management shall apply within the 220-North Rural Development Overlay District:

(1)

All new roads or streets within the 220-North Rural Development Overlay District shall be constructed to VDOT standards for the acceptance of secondary streets into the state maintenance system.

(2)

All new entrances to public or private streets shall comply with VDOT standards for entrance separation, sight distance, turn radius, and corner clearance.

(Res. No. 18-11-2009, 11-17-09; Res. No. 20-12-2009, 12-15-09)

The following standards shall apply to the placement and screening of utilities and mechanical/electrical equipment within the 220-North Rural Development Overlay District:

(1)

All utilities shall be placed underground on parcels of land that are being developed or redeveloped.

(2)

Ground and wall-mounted mechanical/electrical service equipment shall be screened from general public view by means of fences, walls, landscape planting, or other screening approved by the zoning administrator.

(3)

Roof-mounted mechanical/electrical equipment, satellite dishes and any other communications equipment shall be concealed from view of public rights-of-way and neighboring properties from street level. Where reasonable height parapet or screen walls are insufficient to provide screening, all equipment shall be painted in a neutral color to blend with roofing materials.

(Res. No. 18-11-2009, 11-17-09; Res. No. 20-12-2009, 12-15-09)

The 220-North Mixed Use Overlay District is intended to promote a mixture of residential, office, and commercial uses in an integrated and interconnected manner that allows for creative land use planning; provides safe and efficient pedestrian and vehicular access; preserves open space and scenic views; and presents an attractive transportation corridor along Route 220. The requirements of this division are meant to work in conjunction with the requirements of the underlying zoning districts to guide the type and arrangement of uses, structures, buildings, roads, parking areas, signs, and landscaping in an efficient and coordinated manner.

(Res. No. 12-10-2009, 12-15-09)

The 220-North Mixed Use Overlay District includes an area on each side of Virginia Route 220, extending generally from the northern corporate boundary of the Town of Rocky Mount to the intersection of Route 220 and Brick Church Road. The official boundaries of the 220-North Mixed Use Overlay District are shown on the official zoning map for Franklin County, and are further described as follows:

(1)

Beginning at a point along the northeast edge of the Route 220 right-of-way directly opposite the intersection of Route 220 and Brick Church Road; thence southeast along the edge of the Route 220 right-of-way to the westernmost corner of the parcel identified by Franklin County Real Estate records as tax map number 36, parcel number 188.01; thence northeast along the westernmost edge of such parcel to the northernmost corner of such parcel; thence southeast along the northernmost edge of such parcel to the centerline of Rolling Hill Drive; thence south, southeast, and northeast along the centerline of Rolling Hill Drive to the intersection of Rolling Hill Drive and Hazelwood Lane; thence northeast along the centerline of Hazelwood Lane for a distance equal to one-half (½) of a mile from the centerline of the northbound travel lane of Route 220, as measured perpendicular to the centerline of the northbound travel lane of Route 220; thence southeast and south in a manner parallel to the centerline of the northbound travel lane of Route 220 at a distance of one-half (½) of a mile from the centerline of the northbound travel lane of Route 220, as measured perpendicular to the centerline of the northbound travel lane of Route 220, following such course to the corporate boundary of the Town of Rocky Mount; thence west along the corporate boundary of the Town of Rocky Mount to a point located along the centerline of the northbound travel lane of Route 220; thence west along the corporate boundary of the Town of Rocky Mount to a point located along the centerline of the southbound travel lane of Route 220; thence west along the corporate boundary of the Town of Rocky Mount for a distance equal to one-half (½) of a mile from the centerline of the southbound travel lane of Route 220, as measured perpendicular to the centerline of the southbound travel lane of Route 220; thence north and northwest in a manner parallel to the centerline of the southbound travel lane of Route 220 at a distance of one-half (½) of a mile from the centerline of the southbound travel lane of Route 220, as measured perpendicular to the centerline of the southbound travel lane of Route 220, following such course to the centerline of Brick Church Road; thence northeast along the centerline of Brick Church Road to the intersection of Brick Church Road and Route 220 at a point located along the centerline of the southbound travel lane of Route 220; thence northeast to the point of origin along the northeast edge of the Route 220 right-of-way directly opposite the intersection of Route 220 and Brick Church Road.

(2)

The boundaries of the 220-North Mixed Use Overlay District may be amended to extend such boundaries to include any parcel of land, in part or in its entirety, that contains area within or immediately abutting the official boundaries of the 220-North Mixed Use Overlay, as described above. Any such amendment of the overlay boundaries shall be consistent with the requirements of this chapter for amendment of the zoning ordinance, and, if approved by the board of supervisors, shall be reflected on the official zoning map for Franklin County.

(Res. No. 12-10-2009, 12-15-09)

The 220-North Mixed Use Overlay District is intended to work in conjunction with the requirements of the underlying zoning district. Where specifically enumerated, the requirements of this division shall supersede the requirements of the zoning ordinance and the subdivision ordinance, except properties zoned as Regional Enterprise Park (REP) District. In the absence of an enumerated requirement of this division, the requirements of the zoning ordinance and the subdivision ordinance shall prevail.

(Res. No. 12-10-2009, 12-15-09; Ord. No. 06-08-2016, 8-16-16)

Where any change to the underlying zoning classification is requested (also known as a zoning map amendment or rezoning), such request shall be accompanied by a conceptual plan of development conforming to the concept plan requirements of the PCD, Planned Commercial Development District. This requirement shall not apply to properties currently zoned or changing to Regional Enterprise Park (REP) District.

(Res. No. 12-10-2009, 12-15-09; Ord. No. 06-08-2016, 8-16-16)

Editor's note— Res. No. 22-11-2011, adopted November 15, 2011, repealed §§ 25-502.4—25-502.7, which pertained to residential cluster developments; standards for residential lots within residential cluster developments; standards for required open space within residential cluster developments; ownership and management of required open space within residential cluster developments and derived from Res. No. 12-10-2009, 12-15-09. Users' attention is directed to section 25-189 for similar provisions.

With the exception of single-family residential development, all development within the 220-North Mixed Use Overlay District shall comply with the following landscape yard requirements:

(1)

A minimum landscape yard of fifty (50) feet shall be required adjacent to Route 220, with an exception being made for lots averaging two hundred fifty (250) feet or less in depth at the time of the adoption of this chapter [December 15, 2009]. The landscape yard shall be measured perpendicular to the edge of the right-of-way.

(2)

A minimum landscape yard of twenty-five (25) feet shall be required adjacent to all other roads. The landscape yard shall be measured perpendicular to the edge of the right-of-way.

(3)

Structures, buildings, parking areas, outdoor storage, and outdoor display are prohibited in the required landscape yard. Nothing herein shall preclude the location of driveways within the required landscape yard.

(4)

Signs shall be permitted within the required landscape yard. Where the landscape yard is required to be fifty (50) feet, signs shall be set back a minimum of twenty-five (25) feet from the edge of the right-of-way. Where the landscape yard is required to be twenty-five (25) feet, signs shall be set back a minimum of fifteen (15) feet from the edge of the right-of-way.

(Res. No. 12-10-2009, 12-15-09; Ord. No. 06-08-2016, 8-16-16)

With the exception of single-family residential development, all development within the 220-North Mixed Use Overlay District shall comply with the following requirements for landscaping:

(1)

Parking lots shall be developed with the following perimeter landscaping:

a.

At least one (1) large deciduous tree for each fifty (50) lineal feet.

b.

At least one (1) small deciduous tree for each fifty (50) lineal feet.

c.

At least one (1) medium shrub for each ten (10) lineal feet.

(2)

Parking lots shall be developed with the following interior landscaping:

a.

At least one (1) landscape island for each one-hundred (100) lineal feet.

b.

At least one (1) large deciduous tree for each required landscape island.

(Res. No. 12-10-2009, 12-15-09)

Free-standing signs within the 220-North Mixed-Use Overlay District shall comply with the following:

(1)

Off-premises signs shall be prohibited.

(2)

Any development requiring the submittal of a concept plan shall also include a signage plan, showing the location, design, size, height and arrangement of all proposed free-standing signs. The signage plan shall be incorporated into the required concept plan.

(Res. No. 12-10-2009, 12-15-09)

Development within any area of the 220-North Mixed-Use Overlay District that is designated as a Special Flood Hazard Area, as shown on the adopted Flood Insurance Rate Map (FIRM) for Franklin County, shall comply with the following:

(1)

A special use permit shall be required for the establishment or expansion of any use or structure located within the special flood hazard area.

(2)

Where a special use permit is required for development within the special flood hazard area, the special use permit application shall contain a concept plan showing the boundaries of the special flood hazard area and the location of any existing and/or proposed structures, buildings, roads, parking areas, or other physical improvements.

(Res. No. 12-10-2009, 12-15-09)

The following standards for access management shall apply within the 220-North Mixed Use Overlay District:

(1)

All new roads or streets within the 220-North Mixed Use Overlay District shall be constructed to VDOT standards for the acceptance of secondary streets into the state maintenance system.

(2)

All new entrances to public or private streets shall comply with VDOT standards for entrance separation, sight distance, turn radius, and corner clearance.

(Res. No. 19-12-2009, 12-15-09)

The following standards shall apply to the placement and screening of utilities and mechanical/electrical equipment within the 220-North Mixed Use Overlay District:

(1)

All utilities shall be placed underground on parcels of land that are being developed or redeveloped.

(2)

Ground and wall-mounted mechanical/electrical service equipment shall be screened from general public view by means of fences, walls, landscape planting, or other screening approved by the zoning administrator.

(3)

Roof-mounted mechanical/electrical equipment, satellite dishes and any other communications equipment shall be concealed from view of public rights-of-way and neighboring properties from street level. Where reasonable height parapet or screen walls are insufficient to provide screening, all equipment shall be painted in a neutral color to blend with roofing materials.

(Res. No. 19-12-2009, 12-15-09)