Hanover County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 3
- District Regulations.
Section 26-17.- Purpose of the district.
The purpose of this district is to provide for a full range of agricultural activities and to protect agricultural land, as one of the county's most valuable natural resources, from the depreciating effect of objectionable, hazardous, and unsightly uses. The district is also intended for protection of watersheds, water resources, forest areas, and scenic values, and at the same time to provide for spacious residential development for those who choose this environment and to prevent untimely scattering of more dense urban uses which should be confined to areas planned for efficient extension of public service.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-18. - Permitted uses.
A building or land shall be used only for the following purposes:
1.
Single-family dwellings, detached.
2.
Agriculture, including horticultural, chemical, or general farming, truck gardens, cultivation of field crops, orchards, groves, or nurseries for growing or propagation of plants, trees, and shrubs, including temporary sawmills for cutting trees grown on the premises and use of heavy cultivating machinery, spray planes, or irrigating machinery, dairy farming, keeping or raising for sale of large or small animals, reptiles, fish, birds, or poultry, and including structures for processing and sale of products raised on the premises; provided:
a.
Any sawmill, grain drier, commercial feed lot or hog raising operation shall be located at least two hundred fifty (250) feet from any dwelling not located on the premises.
b.
Structures for commercial poultry raising shall be located at least two hundred (200) feet from any dwelling not located on the premises and at least one hundred (100) feet from any street or road.
c.
Commercial slaughtering and processing of large animals, such as horses, cows, pigs, sheep, or goats shall not be conducted on the premises.
d.
Any building for keeping of livestock shall be located at least two hundred (200) feet from any side or rear lot line, except as may be otherwise specified in this ordinance.
3.
Telecommunications towers and related facilities, in accordance with the standards section 26-282 through 26-292:
a.
On properties along designated scenic roads or waterways or within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, that do not exceed fifty (50) feet in height;
b.
Otherwise, that do not exceed one hundred (100) feet in height.
4.
Dog kennels, noncommercial; provided any open pens, runs, cages or kennels or any place for keeping more than five (5) adult dogs shall be located at least two hundred (200) feet from any side or rear lot lines.
5.
Golf courses, not lighted for night play and not including miniature golf courses, putting greens, driving ranges, and similar activities operated as a business, but including a building for a golf shop, locker room, and snack bar as an accessory use to a permitted golf course, providing no such building is located closer than one hundred (100) feet from adjoining property lines. Practice greens and tees may accompany a standard nine-hole or eighteen-hole golf course occupying at least seventy-five (75) acres.
6.
Facilities and structures necessary for rendering utility service, including poles, wires, transformers, utility cabinets and pedestals, and the like for normal electrical power distribution or communication service, pipelines or conduits for electrical or gas service, and pipelines, conduits, and transmission lines located within the suburban service area as depicted on the phased suburban development plan in the county comprehensive plan and used to connect to the public water and sewer system owned by the county, but not including buildings, treatment plants, pumping or regulator stations, substations and power transmission lines which are permitted as conditional uses.
Where a utility cabinet or pedestal is located above ground and outside the public right-of-way, it shall be:
a.
Located so that it does not interfere with the normal flow of pedestrian and motor vehicle traffic; and
b.
Screened from view from residences and public rights-of-way with evergreen plant material that is at least the height of the utility cabinet or pedestal. Screening shall not be required for:
(i)
Single stand-alone utility cabinets or pedestals that do not exceed four feet in height and do not have a footprint area in excess of six (6) square feet; and
(ii)
A single means of access to a utility cabinet or pedestal, provided the means of access is located so as to minimize visibility of the utility cabinet or pedestal from residences and public rights-of way.
7.
Grain storage structures.
8.
Greenhouse, commercial.
9.
Animal hospital or clinic for large animals provided that all buildings, structures, pens, or open kennels shall be located at least two hundred (200) feet from any lot line.
10.
Animal hospital or clinic for small animals (dogs, cats, birds, and the like) provided such hospital or clinic and any treatment rooms, cages, pens, or kennels be maintained within a completely enclosed, soundproof building, and that such hospital or clinic be operated in such a way as to produce no objectionable odors outside its walls.
11.
Military bases and appurtenances and parks operated by the United States Government or agencies of the Commonwealth of Virginia.
12.
Public and private forests, wildlife reservations, similar conservation projects.
13.
Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, round houses, power houses, interlocking towers, and fueling, sanding and watering stations.
14.
Recreational uses such as tennis courts, swimming pools, and other similar activities operated exclusively for the use of private membership and not for commercial purposes; provided that no such use, structure, or accessory use is located closer than fifty (50) feet to any adjoining property line.
15.
Keeping of horses, ponies or other livestock; provided that there shall be kept on the premises no more than one (1) horse or pony for each acre of land.
16.
Stable, public or private; provided that there shall be housed on the premises no more than one (1) horse or pony for each acre of land.
17.
Raising for sale of birds, bees, fish, rabbits, and other small animals, provided any use shall be located at least two hundred (200) feet from any side or rear lot lines.
18.
Frog or fish farms, provided any use shall be located at least two hundred (200) feet from any side or rear lot lines.
19.
Medical office, limited to two (2) doctors and their staffs (no more than two (2) staff members per doctor).
20.
The permanent placement or removal of clean earth fill, including all related excavation and filling activities, provided:
a.
If the placement or removal is done in connection with the development of a property and the clean earth fill is being relocated on the same property, such placement or removal shall be permitted when it is done in furtherance of an approved site plan or construction plan.
b.
If the placement or removal is done in connection with the development of another property and the clean earth fill is either being transported to or from the property, such placement or removal shall be permitted when the source and destination of the clean earth fill are properly permitted with the applicable state and local regulatory authorities.
c.
If the placement of fill is not being done in furtherance of an approved site plan or construction plan and the average depth of clean earth fill being added is greater than one (1) foot, the property owner shall record a plat, approved by the director of public works, showing the locations where the fill has been placed. This plat shall be recorded in the office of the clerk of the circuit court of the county, within thirty (30) days of the conclusion of the placement or filling activities on the property.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-19. - Permitted accessory uses.
1.
Accessory uses as follows on a farm of ten (10) acres or more:
a.
Accessory structures for sale or processing of farm products raised on the premises.
b.
Accessory, open or enclosed storage of farm materials, products, or equipment.
c.
Accessory farm buildings, including barns, stables, sheds, tool rooms, shops, bins, tanks and silos.
d.
Dwellings for persons permanently employed on the premises.
2.
Domestic storage in main building or in accessory building.
3.
Garage, private. On properties located within the suburban service area as depicted on the phased suburban development plan in the county comprehensive plan, a private garage may house no more than four (4) vehicles.
4.
Guest houses.
5.
Home occupations in a main building, in accordance with the standards of section 26-279.
6.
Keeping of small animals, insects, reptiles, fish, or birds, but only for personal enjoyment or household use and not for a business, as an accessory to a nonfarm dwelling on a lot of not less than two (2) acres.
7.
Domestic employees' quarters.
8.
Storage of recreational vehicles, utility trailers, boat trailers, and similar vehicles, in the driveway for the residence or in the rear yard, in accordance with the following:
a.
On all properties:
i.
The vehicle has displayed thereon valid license plates and a valid inspection decal as required by state law for operation on public highways;
ii.
The vehicle is not used for commercial purposes; and
iii.
In situations where the vehicle is parked in the driveway, the vehicle is located entirely within the improved area; and
b.
On properties containing twenty (20) or more acres, the vehicle may also be stored in the front yard so long as the vehicle is not stored within the required front yard.
For the purposes of this section, the term "driveway" shall mean a single improved roadway (1) which provides access for vehicles from a public or private road to a parking space, garage, or dwelling or which is directly connected to the improved area, and (2) which has received all required approvals from the state department of transportation.
9.
Swimming pool and game courts, lighted or unlighted, for use of occupants or their guests.
10.
Signs as regulated in division 7 of article 5.
11.
Temporary buildings, the uses of which are incidental to construction operation during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years of the time of erection of such temporary buildings, whichever is sooner.
12.
Accessory off-street parking and loading spaces. Open or enclosed space for parking one (1) commercial vehicle of not more than two-ton capacity and used by the occupant of a dwelling shall be permitted as accessory.
13.
The location of office or construction trailers for a period not to exceed one (1) year.
14.
Noncommercial fuel alcohol distillery.
15.
Foster home.
16.
Vending machines, when used in conjunction with a permitted commercial use. All machines shall be contained within a building or other enclosure and shall not be accessible to the public outside of normal business hours.
17.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-263, unless visually obstructed by existing vegetation or other structures on-site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
18.
Pony rings.
19.
Family day homes.
20.
Temporary family health care structures, as permitted in section 26-281.
21.
Tier 1 battery energy storage systems.
22.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
23.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
24.
Short-term rental, owner-occupied, in accordance with the standards of section 26-300.1 subsection 1.
25.
Secondary kitchen, in accordance with the standards of section 26-300.2.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-01, § 1, 10-9-13; Ord. No. 15-12, § 2, 11-10-15; Ord. No. 22-08, § 2, 11-9-22; Ord. No. 23-14, § 2, 10-25-23; Ord. No. 24-09, § 2, 1-22-25; Ord. No. 25-12, § 2, 8-27-25)
Section 26-20. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Airports and landing fields, provided they shall comply with the recommendations of the Federal Aviation Agency.
2.
Camps, day or boarding, private or commercial.
3.
Cemetery, including a crematorium, in accordance with the standards of section 26-295.
4.
Circus or carnival grounds, amusement park, zoo or midway, permanent or temporary for a specified time period.
5.
Exposition center or fairground.
6.
Heliport or helistop.
7.
Hospitals.
8.
Institutions, educational or philanthropic, including museums, art galleries and libraries.
9.
Livestock auction market, in accordance with the standards of section 26-298.
10.
Private clubs.
11.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds; and public boat landings.
12.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, substations and transmission lines not otherwise allowed as a permitted use.
13.
Race track, any type, including horses, stock cars, or drag strip.
14.
Recreation facility, commercially operated, such as a fishing or boating lake, camp ground, picnic grounds, or dude ranch, and accessory facilities, including sale of food, beverages, bait, supplies and equipment.
15.
Sanitary landfill or trash collection site, in accordance with the standards of section 26-294.
16.
The extraction of stone, sand or gravel for sale to the public or for which a permit is required by the Virginia Department of Mines, Minerals and Energy or the crushing, treating, washing or processing of materials resulting from that use when conducted on the same property.
17.
Sports arena or stadium, commercial athletic field or baseball park.
18.
Swimming or tennis club, commercially operated in accordance with the standards of section 26-299.
19.
Conversion of an existing structure to be used as a restaurant in accordance with the following standards:
a.
The minimum lot size shall be two (2) acres.
b.
Off-street parking shall be provided at the rate of one space per one hundred (100) square feet of gross floor area. Such spaces shall be screened in accordance with the standards of section 26-262; shall be located in the side or rear yard only; and shall be no closer than ten (10) feet from any property line.
c.
There shall be no more than one (1) detached sign permitted, limited to no more than twenty (20) square feet, advertising the restaurant. One (1) wall sign, limited to no more than two (2) square feet, shall also be permitted. Such signs may be indirectly illuminated.
20.
Radio or television broadcasting station.
21.
Churches and other places of worship, or the expansion by more than fifty (50) percent of the floor area of a church or place of worship as it existed on November 18, 1987.
22.
Agricultural and forestal support center.
23.
Antique shop.
24.
Agricultural and farm machinery and equipment repair, including the sale of parts.
25.
Telecommunications towers and related facilities that exceed one hundred forty (140) feet in height and temporary telecommunications towers and related facilities of any height, in accordance with the standards of sections 26-282 through 26-292.
26.
The following excavation and filling activities, including all related excavation and filling activities, in accordance with the standards of section 26-296:
a.
The permanent placement or filling of fill other than clean earth fill, whether the source or destination of the fill is the same property or another property;
b.
The temporary storage or stockpiling of fill other clean earth fill; and
c.
The sale of clean earth fill or other fill to the public.
27.
Taxidermy shop.
28.
Animal pound.
29.
Farmers' market.
30.
Mulch processing facility, subject to the following:
a.
The minimum lot area shall be five (5) acres;
b.
No machinery or equipment related to the facility shall be operated between the hours of 7:00 p.m. and 7:00 a.m.;
c.
No such facility shall be located within two hundred fifty (250) feet of an existing off-site residential structure; and
d.
No support structure shall exceed five thousand (5,000) square feet in area.
31.
Miniature golf courses or driving ranges.
32.
Batting cages.
33.
Paintball, laser tag, and other similar games.
34.
Amusement facilities, including arcades, go-cart tracks, rides, and water parks.
35.
Meeting hall.
36.
Federally-inspected or state-inspected commercial animal (other than poultry) slaughter and processing facilities, subject to the following:
a.
Any such facility shall be operated in accordance with all federal and state laws and regulations;
b.
The minimum lot size shall be twenty (20) acres;
c.
All structures used for slaughter or processing shall be located at least two hundred (200) feet from any property line;
d.
Any such facility shall be limited to fifteen thousand (15,000) square feet, excluding stock pens;
e.
The property on which the facility is to be located is located outside the Suburban Service Area as shown on the Hanover County Comprehensive Plan; and
f.
All operations shall be conducted within an enclosed building.
37.
Tier 2 battery energy storage systems.
38.
Solar energy facility, principal - small scale, in accordance with the standards of section 26-292.5.
39.
Solar energy facility, principal - utility scale, in accordance with the standards of section 26-292.5.
40.
Solar energy facility, supplementary, ground-mounted, in accordance with the standards of section 26-292.7.
41.
Solar energy facility, supplementary, roof-mounted, in accordance with the standards of section 26-292.7.
42.
Vehicle and equipment storage; provided, the rental or storage of boats and recreational vehicles shall not be allowed.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 12-12, § 1, 2-13-13; Ord. No. 18-03, § 1, 4-25-18; Ord. No. 22-08, § 3, 11-9-22; Ord. No. 23-14, § 3, 10-25-23; Ord. No. 25-02, § 2, 5-28-25)
Section 26-21. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Archery ranges.
2.
Asphalt batching plants or concrete batching plants.
3.
Dog kennels, commercial.
4.
Nonaccessory tents for special purposes.
5.
Outdoor displays or promotional activities (other than "promotional events").
6.
Equestrian facilities.
7.
Raising for sale of birds, bees, fish, rabbits and other small animals in a Suburban Development Overlay district only.
8.
Rifle or pistol ranges, trap, or skeet shooting.
9.
Sawmill for cutting timber not grown on the premises.
10.
Temporary buildings for use as a sales or rental office for an approved real estate development or subdivision.
11.
Private garage for more than four (4) vehicles, on properties located within the suburban service area as depicted on the phased suburban development plan in the county comprehensive plan.
12.
Cemetery for pets.
13.
Convalescent homes, nursing homes, or homes for the aged.
14.
Day nurseries or child or adult day care centers.
15.
Frog or fish farms in the Suburban Development Overlay district only.
16.
Sale of farm products not raised on the premises. Such sale shall be permitted only in conjunction with sales pursuant to section 26-19 above and only on a lot no less than ten (10) acres in area.
17.
Manufactured homes for living quarters as follows:
a.
Accessory to a farm;
b.
In cases of medical hardship, as provided in section 26-23.
18.
Contractor's equipment storage yards.
19.
Home occupations in an accessory building, home craft shops, or retail sales businesses conducted as a home occupation in accordance with the standards of section 26-279.
20.
Sale of Christmas trees not raised on the premises.
21.
Auction sales, on a lot no less than ten (10) acres in area, located outside of the Suburban Development Overlay district, with no more than four (4) such sales in any calendar year.
22.
Open or enclosed space for the storage of one (1) commercial motor vehicle with greater than two (2) ton capacity on property that is located outside of the suburban service area as depicted on the phased suburban development plan in the county comprehensive plan, subject to the following standards:
a.
The tax parcel on which the vehicle is stored shall be a minimum of two (2) acres in area and shall have public road frontage; and
b.
A sketch plan shall be submitted for review at the time of application, in accordance with the standards specified in section 26-323.
23.
Bed and breakfast, in accordance with the standards of section 26-300.
24.
Fences up to seven (7) feet in height, located within the front yard on lots outside of the suburban service area.
25.
Accessory housing unit in accordance with the standards of section 26-280.
26.
Outdoor musical or entertainment festivals.
27.
Telecommunications towers and related facilities that:
a.
Exceed one hundred (100) feet in height but do not exceed one hundred forty (140) feet in height; or
b.
Exceed fifty (50) feet but do not exceed one hundred forty (140) feet and are located along designated scenic roads or waterways or within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, in accordance with the standards set forth in section 26-282 through 26-292.
28.
Assisted living facilities that house nine (9) or more persons, not including caregivers
29.
Children's residential facilities.
30.
The reduction in the front yard setback for new structures or the expansion of existing structures within areas designated in the comprehensive plan as Rural Village, in accordance with the standards set forth in section 26-338.1; provided, in no event shall the front yard setback be reduced below ten (10) feet.
31.
Short-term rental, non-owner-occupied, or short-term rental, accessory detached, in accordance with the standards of section 26-300.1 subsection 2.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 16-13, § 2, 2-8-17; Ord. No. 18-03, § 2, 4-25-18; Ord. No. 23-06, § 2, 5-24-23; Ord. No. 24-09, § 3, 1-22-25; Ord. No. 25-02, § 3, 5-28-25; Ord. No. 25-10, § 2, 8-27-25)
Section 26-22. - Temporary manufactured home use.
(a)
A manufactured home may be used as a temporary residence in the following instances:
1.
Where the existing dwelling on a property has been destroyed by a fire, natural disaster or other act of God, during the construction of a permanent dwelling unit;
2.
Where the existing dwelling on a property has been damaged by a fire, natural disaster or other act of God and has been rendered uninhabitable, during the actual repair of an existing permanent dwelling unit intended to make the dwelling habitable; and
3.
During the construction phase of a permanent residential dwelling unit on property which did not previously have a dwelling unit.
(b)
The use of a manufactured home as a temporary residence as provided for in this section shall not be allowed until the zoning administrator has issued a permit for such use. The issuance of a permit shall be subject to the following regulations:
1.
An application shall be filed with the Planning Department on a form provided by the zoning administrator. The application shall include a verified statement that use of the manufactured home is necessary because of damage or destruction to a dwelling on the site where the manufactured home will be located and that the manufactured home will be used only as a dwelling for the residents of the original dwelling or the proposed dwelling, if the permit is for the use of a manufactured home as a temporary residence during the initial construction of permanent dwelling on the property. The application shall also document the nature and date of the event causing the damage or destruction, if applicable.
2.
The site must comply with all requirements of the Hanover County Code, including the Zoning Ordinance and Subdivision Ordinance.
3.
The permit shall be valid for a period of six (6) months from the date of issuance. A permit may be renewed at the end of this period; provided, that the total time period, including extensions, for the temporary use of the manufactured home shall not exceed three (3) years from the date of original approval of the permit. In situations where an extension is denied, the applicant shall remove the manufactured home from the site within sixty (60) days of the date of denial.
4.
When a permit is issued for the use of a manufactured home as a temporary residence during the actual construction phase of a permanent residential dwelling unit on the property or the repair of an existing permanent dwelling when the existing dwelling has been destroyed or damaged by a fire, other natural disaster, or other act of God and the dwelling has been rendered uninhabitable, an extension shall be granted only if improvements have completed in accordance with the following schedule:
a.
Within one year from the date of issuance of the permit: the placement of the manufactured home placement, the installation of a well and septic tank and the installation and provision of access; and
b.
Within two years from the date of issuance of the permit: all necessary building permits for the permanent dwelling have been obtained, the footing and the foundation have been constructed, and the dwelling has been framed and protected from weather.
5.
The site shall remain in compliance with all requirements of the Hanover County Code, including the Zoning Ordinance and Subdivision Ordinance, during the term of the permit. The permit shall be void upon failure of the applicant to maintain compliance with all requirements.
6.
Prior to the expiration date or the voiding of any permit the manufactured home shall be removed from the site by the owner or applicant.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-23. - Standards for permits and special exceptions for the use of manufactured homes as temporary living quarters in case of medical hardships.
A manufactured home may be used as temporary living quarters in the case of a medical hardship as follows:
1.
An application shall be filed with the planning department on a form provided by the zoning administrator. The application shall include
a.
A verified statement by a medical practitioner, licensed by the state, that a particular individual requires continuous care for health reasons by another person, and
b.
A verified statement that use of the manufactured home is necessary to provide such care.
2.
Where the property on which the use of a manufactured home is being requested exceeds five (5) acres in size and where the proposed location of the manufactured home is located at least two hundred (200) feet from any adjacent property, the zoning administrator shall make the determination as to whether a permit should be issued allowing the use of a manufactured home as a temporary living quarters in the case of a medical hardship. For all other requests for use of a manufactured home in cases of a medical hardship, a special exception shall be required.
3.
In situations where a permit issued by the zoning administrator is applicable, the zoning administrator shall determine whether the requirements set forth in subsection 1, above, have been satisfied; if the requirements have been satisfied, he shall issue a permit allowing the use of a manufactured home as temporary living quarters. For all other situations, the board shall determine, after a public hearing, whether the requirements set forth in subsection 1, above, have been satisfied. In making this determination, the zoning administrator or board, as appropriate, shall consider the potential for adverse impact of the use on the surrounding properties.
4.
The time period for the permit or special exception shall not exceed two (2) years from the date of issuance. Extensions may be granted in two (2) year increments for the duration of the hardship, in accordance with the following procedures and standards:
a.
An application for an extension must be filed at least thirty (30) days prior to the expiration of the permit.
b.
The application for an extension of the permit or special exception shall include a signed certificate, as described above, verifying the need for living assistance due to age or medical reasons.
c.
After reviewing the information submitted, the zoning administrator shall determine whether the criteria set forth above has been satisfied and whether the request for an extension of the permit or special exception should be granted.
d.
Where an extension has been denied, or when a permit has otherwise expired, the applicant shall remove the manufactured home from the site within sixty (60) days of the date of denial or expiration.
5.
The permit or special exception authorized by this section shall be issued only to a specific individual and a specific property, and shall be valid only for the duration of the verified hardship.
6.
The temporary occupant of the manufactured home approved pursuant to the provisions of this section may be either the person needing care or the person providing care; provided, upon cessation of the hardship or the expiration of the permit, the manufactured home shall be removed from the site within sixty (60) days regardless of whether it is occupied by the person(s) needing care or providing care.
7.
The site must comply with all requirements of the Hanover County Code, including the Zoning Ordinance and Subdivision Ordinance, prior to the issuance of a permit, or an extension of a permit, pursuant to this section.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-24. - Lot size requirements.
(a)
Lot size requirements.
*Ultimate rights-of-way are those designated by the Major Thoroughfare Plan.
(b)
Lot Width/Frontage Measurement Requirements.
*Subdivision roads are those created through the subdivision process
**For any lot or parcel that is described in deeds or plats recorded in the Hanover County Circuit Court Clerk's Office prior to the close of business on October 9, 1996, the property owner may obtain a building permit or otherwise develop the property for use as a single-family residence if the property owner can demonstrate that he has a legal right of access to the property for such use.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 16-14, § 1, 2-8-17)
Section 26-25. - Boundary line adjustments involving nonconforming lots.
The following regulations shall apply to boundary line adjustments where one or more lots involved is nonconforming:
1.
Between two nonconforming lots (each less than 10 acres) - both lots must maintain a minimum of two acres, no additional building lot shall be created, neither lot can be rendered more nonconforming with respect to access, yard and setback requirements.
2.
Between two nonconforming lots (each less than 2 acres) - both lots must maintain the original acreage, no additional building lot shall be created, neither lot shall be rendered more nonconforming with respect to access, yard and setback requirements.
3.
Between a conforming lot (10 acres or greater) and a nonconforming lot (less than 10 acres) - the conforming lot shall continue to comply with all district regulations, the nonconforming lot shall maintain no less than the original acreage and shall not be rendered more nonconforming with respect to access, yard and setback requirements.
4.
All boundary line adjustments shall comply with applicable Subdivision Ordinance requirements.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-26. - Yard requirements.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-12, § 3, 11-10-15)
Section 26-27. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right:
(i)
On properties located along designated scenic roads or waterways or within the "FAA Part 77 Area" as depicted on the Public Works Facilities Plan in the Hanover County Comprehensive Plan, shall not exceed fifty (50) feet;
(ii)
On all other properties, shall not exceed one hundred (100) feet.
b.
Permitted with a special exception: shall not exceed one hundred forty (140) feet.
c.
Permitted with a conditional use permit: may exceed one hundred forty (140) feet.
2.
Single-family dwellings and all other structures not specifically exempted in section 26-248 shall not exceed a height of 2 to 2.5 stories or 35 feet, whichever is less.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-28. - Public roads in the agricultural district.
1.
The minimum lot area required in the agricultural district may be reduced by the amount of land necessary to be dedicated to improve an adjacent private right-of-way to public road standards. All lots affected by the proposed public road shall meet all other zoning requirements, except that lots containing residential structures existing on April 25, 1990, shall be exempt from yard requirements. The amount of reduction shall be no more than two (2) acres. No such dedication shall create an unusable residual parcel.
2.
The area necessary for the road must meet the requirements of the Virginia Department of Transportation and shall be conveyed to the county by general warranty deed or by dedication on an approved subdivision plat. The County shall be provided with all necessary assurances of title. The road shall be built in accordance with applicable requirements of the Virginia Department of Transportation and the Hanover County Code, and the developer or owner shall be responsible for applying for acceptance of the roads by the Virginia Department of Transportation.
3.
Construction of the road or execution of a performance agreement and provision of security, in accordance with procedures set out in the Subdivision Ordinance, shall be required prior to any issuance of any building permit for any lot affected by this exception.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-29. - Applicability of regulations to certain lots.
All lots or parcels described in deeds or plats recorded in the Hanover County Circuit Court Clerk's Office prior to the close of business on October 9, 1996, which meet all zoning and subdivision requirements for yards, setbacks, and access in effect on the date of building permit application shall be deemed to be in compliance with the lot dimension and area requirements of the Zoning Ordinance and requirements of the Subdivision Ordinance."
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-30. - Rural cluster subdivisions.
(a)
Rural Cluster subdivisions shall be permitted in areas designated as a Rural Conservation Area on the Conservation and Phased Suburban Development Plan in the Hanover County Comprehensive Plan, subject to the following standards, conditions, and criteria:
(b)
Minimum area for application; density. The minimum parcel size for consideration of a rural cluster subdivision shall be twenty (20) acres. Permissible density shall be one lot per ten (10) acres.
(c)
Lot area requirements.
(1)
Residential lots. No residential lot within a Rural Cluster subdivision shall exceed two (2) acres. There shall be no minimum lot area.
(2)
Conservation lot. A minimum of eighty (80) percent of the total area of the parcel shall be within the conservation lot.
(d)
Preservation of open space on conservation lot.
(1)
Prior to or contemporaneous with final subdivision approval for any property within a Rural Cluster subdivision, the property owner shall record documents conveying an open space easement applicable to the conservation lot to the County, with content approved by the County, requiring preservation of features so designated on the subdivision plat in perpetuity and prohibiting further division of the conservation lot.
(2)
The Board may approve conveyance of the open space easement to a qualifying nonprofit or governmental entity other than the County, upon a finding that such a conveyance will achieve purposes of open space or historic preservation consistent with the character of the property, that the conveyance will be beneficial to the future owners within the subdivision and to the public, and that the purposes and resources of the entity and the proposed conveyance are consistent with the perpetual preservation of the open space and significant features.
(e)
Access. No residential lot shall have direct access to a road located outside the Rural Cluster subdivision. Conservation lots may have direct access to a road located outside the subdivision only for agricultural and related purposes.
(f)
Additional requirements for subdivision plat. In addition to the requirements set forth in the Subdivision Ordinance for subdivisions within the A-1 Agricultural District, the following shall also be required:
1.
Location(s) of any historic resources on both the subject and adjacent parcels, including cemeteries, trenches, and archeological features as reflected in available County records.
2.
Proposed location of single-family dwelling, if any, on conservation lot.
3.
Such other information as may be required by the Director.
(g)
Additional requirements for subdivision. The following additional development standards shall be required for Rural Cluster subdivisions:
1.
All floodplains, wetlands, and steep slopes shall be protected from clearing, grading, filling, or construction (except as may be approved by the County for essential infrastructure).
2.
Lots shall be designed to preserve and maintain existing treelines between fields or meadows, pastures, meadows, orchards, and mature woodlands, especially those containing a significant wildlife habitat.
3.
Lots shall be designed to minimize development on open fields and pastures, and should locate building sites on the least prime agricultural lands.
4.
Existing views from public thoroughfares shall be preserved to the maximum extent practicable.
5.
Lots shall be designed to minimize necessary grading or filling, and to take advantage of the existing topography and landforms to the extent practicable.
6.
Lots shall be designed to avoid important historic, archaeological, or cultural sites.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-31. - Family homesteads.
Notwithstanding the minimum lot size requirements otherwise applicable to properties within this district, a lot or parcel may be created for sale or gift to the natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, parent, aunt, uncle, niece, or nephew of the owner of the tract from which the homestead lot is divided, in accordance with the following provisions:
(1)
The original tract shall be divided in accordance with the provisions of the Subdivision Ordinance into (a) a parent tract, which shall consist of at least ten (10) acres and (b) one or more homestead lot(s). Each homestead lot shall be a minimum area of two (2) acres. The minimum width, yard, and area requirements of all lots created pursuant to this section shall be in accordance with the Zoning Ordinance.
(2)
After the original property is divided, the original owner may be the owner of the parent tract or a homestead lot.
(3)
A property owner requesting authorization to divide property pursuant to this section shall complete an application and provide any information required by the Director. The information provided by the owner shall include a deed containing the following:
a.
Identification of the grantee to ensure the division is being created for a qualifying family member as defined in this section; and,
b.
A covenant prohibiting the transfer of the homestead lot for a period of not less than five (5) years following recordation of the deed, unless the lot is the subject of an involuntary transfer such as foreclosure, death, judicial sale, condemnation, or bankruptcy
(4)
The application shall be approved by the Director if he finds that all requirements of this section have been satisfied. Any approval issued under this section shall be valid for a period of twelve (12) months. Should an application to divide the property (a) in accordance with the approval and (b) pursuant to the provisions of the Subdivision Ordinance not be submitted within that time period, the approval shall automatically expire.
(5)
Each lot created pursuant to this section shall meet all requirements set forth in the Subdivision Ordinance applicable to Family Divisions.
(6)
Each lot shall front a road which is part of the Virginia System of Highways or shall front upon a private drive or road which is in a right-of-way no less than twenty (20) feet in width. Such right-of-way shall remain private and shall include a driveway within it consisting of, at a minimum, an all-weather surface of rock, stone, or gravel, with a minimum depth of one (1) inch and a width of ten (10) feet. An erosion and sediment control plan with appropriate surety shall be submitted for approval if the proposed right-of-way and drive construction disturbs more than two thousand five hundred (2,500) square feet of the property.
(7)
Any homestead lot transferred to a non-family member in violation of the provisions of this section may only occur after the owner of the homestead lot demonstrates that the lot is in conformance with the provisions of (a) this Ordinance and (b) the Subdivision Ordinance that regulate the division of properties to individuals other than family members. The submission of a property for review to ensure compliance with the Subdivision Ordinance shall be subject to an administrative subdivision review process, notwithstanding any provisions in the Subdivision Ordinance to the contrary. For lots governed by this subsection, until such review has been completed and the homestead lot has been approved by the Director, or the expiration of the five (5) year period after the recordation of the plat creating the homestead lot, whichever occurs first, no building permit shall be issued for a new building or for the expansion or alteration of an existing building.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 17-03, § 1, 5-24-17; Ord. No. 18-09, § 1, 8-22-18)
Section 26-32.- Purpose of the district.
The purpose of this district is to provide for spacious residential development for those who choose this environment; to provide for a full range of agricultural activities; and to protect agricultural land, as one of the county's most valuable natural resources, from the effect of objectionable, hazardous, and unsightly uses. The district is also intended to provide for protection of watersheds, water resources, forest areas, and scenic values.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-33. - Permitted uses.
A building or land shall be used only for the following purposes:
1.
Single-family dwellings, detached.
2.
Agriculture, including horticultural, chemical, or general farming, truck gardens, cultivation of field crops, orchards, groves, or nurseries for growing or propagation of plants, trees, and shrubs, including temporary sawmills for cutting trees grown on the premises and use of heavy cultivating machinery, spray planes, or irrigating machinery, dairy fanning, keeping or raising for sale of large or small animals, reptiles, fish, birds, or poultry, and including structures for processing and sale of products raised on the premises; provided:
a.
Any sawmill, grain drier, commercial feed lot or hog raising operation shall be located at least two hundred fifty (250) feet from any dwelling not located on the premises
b.
Structures for commercial poultry raising shall be located at least two hundred (200) feet from any dwelling not located on the premises and at least one hundred (100) feet from any street or road,
c.
Commercial slaughtering and processing of large animals, such as horses, cows, pigs, sheep, or goats shall not be conducted on the premises.
3.
Telecommunications towers and related facilities that do not exceed fifty (50) feet in height, in accordance with the standards of section 26-282 through 26-292.
4.
Dog kennels, noncommercial; provided any open pens, runs, cages or kennels or any place for keeping more than five (5) adult dogs shall be located at least two hundred (200) feet from any side or rear lot lines.
5.
Golf courses, not lighted for night play and not including miniature golf courses, putting greens, driving ranges, and similar activities operated as a business, but including a building for a golf shop, locker room, and snack bar as an accessory use to a permitted golf course, providing no such building is located closer than one hundred (100) feet from adjoining property lines. Practice greens and tees may accompany a standard nine-hole or eighteen-hole golf course occupying at least seventy-five (75) acres.
6.
Facilities and structures necessary for rendering utility service, including poles, wires, transformers, utility cabinets and pedestals, and the like for normal electrical power distribution or communication service, and pipelines or conduits for electrical, gas, sewer, or water service, but not including buildings, treatment plants, pumping or regulator stations, substations and power transmission lines which are permitted as conditional uses.
Where a utility cabinet or pedestal is located above ground and outside the public right-of-way, it shall be:
a.
Located so that it does not interfere with the normal flow of pedestrian and motor vehicle traffic, and
b.
Screened from view from residences and public rights-of-way with evergreen plant material that is at least the height of the utility cabinet or pedestal. Screening shall not be required for:
i.
Single stand-alone utility cabinets or pedestals that do not exceed four (4) feet in height and do not have a footprint area in excess of six (6) square feet, and
ii.
A single means of access to a utility cabinet or pedestal, provided the means of access is Located so as to minimize visibility of the utility cabinet or pedestal from residences and public rights-of way.
7.
Grain storage structures.
8.
Greenhouse, commercial.
9.
Animal hospital or clinic for large or small animals provided that all buildings, structures, pens, or open kennels shall be located at least two hundred (200) feet from any lot line.
10.
Animal hospital or clinic for small animals (dogs, cats, birds, and the like) provided such hospital or clinic and any treatment rooms, cages, pens, or kennels be maintained within a completely enclosed, soundproof building, and that such hospital or clinic be operated in such a way as to produce no objectionable odors outside its walls.
11.
Military bases and appurtenances and parks operated by the United States Government or agencies of the Commonwealth of Virginia.
12.
Public and private forests, wildlife reservations, similar conservation projects.
13.
Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, round houses, power houses, interlocking towers, and fueling, sanding and watering stations.
14.
Recreational uses such as tennis courts, swimming pools, and other similar activities operated exclusively for the use of private membership and not for commercial purposes; provided that no such use, structure, or accessory use is located closer than fifty (50) feet to any adjoining property line.
15.
Stable, public or commercial; provided that any building for keeping of animals shall be located at least two hundred (200) feet from any side or rear lot lines, and that there shall be housed on the premises no more than one (1) horse or pony for each acre of land.
16.
Stable, private, or keeping of horses, ponies or other livestock for personal enjoyment and not as a business; provided that any building for keeping of animals shall be located at least one hundred (100) feet from any side or rear lot lines and that there shall be housed or kept on the premises no more than one (1) horse or pony for each acre of land.
17.
Raising for sale of birds, bees, fish, rabbits, and other small animals, provided any use shall be located at least two hundred (200) feet from any side or rear lot lines.
18.
Frog or fish farms outside of the Suburban Development Overlay District, provided any use shall be located at least two hundred (200) feet from any side or rear lot lines.
19.
Medical office, limited to two (2) doctors and their staffs (no more than two (2) staff members per doctor).
20.
The permanent placement or removal of clean earth fill, including all related excavation and filling activities, provided:
a.
If the placement or removal is done in connection with the development of a property and the clean earth fill is being relocated on the same property, such placement or removal shall be permitted when it is done in furtherance of an approved site plan or construction plan.
b.
If the placement or removal is done in connection with the development of another property and the clean earth fill is either being transported to or from the property, such placement or removal shall be permitted when the source and destination of the clean earth fill are properly permitted with the applicable state and local regulatory authorities.
c.
If the placement of fill is not being done in furtherance of an approved site plan or construction plan and the average depth of clean earth fill being added is greater than one (1) foot, the property owner shall record a plat, approved by the director of public works, showing the locations where the fill has been placed. This plat shall be recorded in the office of the clerk of the circuit court of the county, within thirty (30) days of the conclusion of the placement or filling activities on the property.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-34. - Permitted accessory uses.
1.
Accessory uses as follows on a farm of ten (10) acres or more:
a.
Accessory structures for sale or processing of farm products raised on the premises.
b.
Accessory, open or enclosed storage of farm materials, products, or equipment.
c.
Accessory farm buildings, including barns, stables, sheds, tool rooms, shops, bins, tanks and silos.
d.
Dwellings for persons permanently employed on the premises.
2.
Domestic storage in main building or in accessory building.
3.
Garage, private.
4.
Guest houses.
5.
Home occupations in a main building in accordance with the standards of section 26-279.
6.
Keeping of small animals, insects, reptiles, fish, or birds, but only for personal enjoyment or household use and not for a business, as an accessory to a nonfarm dwelling on a lot of not less than two (2) acres.
7.
Domestic employees' quarters.
8.
Storage of recreational vehicles, utility trailers, boat trailers, and similar vehicles, in the driveway for the residence or in the rear yard, in accordance with the following:
a.
The vehicle has displayed thereon valid license plates and a valid inspection decal as required by state law for operation on public highways;
b.
The vehicle is not used for commercial purposes; and
c.
In situations where the vehicle is parked in the driveway, the vehicle is located entirely within the improved area.
For the purposes of this section, the term "driveway" shall mean a single improved roadway (1) which provides access for vehicles from a public or private road to a parking space, garage, or dwelling or which is directly connected to the improved area, and (2) which has received all required approvals from the state department of transportation.
9.
Swimming pool and game courts, lighted or unlighted, for use of occupants or their guests.
10.
Signs as regulated in division 7 of article 5.
11.
Temporary buildings, the uses of which are incidental to construction operation during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years of the time of erection of such temporary buildings, whichever is sooner.
12.
Accessory off-street parking and loading spaces. Open or enclosed space for parking one (1) commercial vehicle of not more than one-ton capacity and used by the occupant of a dwelling shall be permitted as accessory.
13.
The location of office or construction trailers for a period not to exceed one (1) year.
14.
Noncommercial fuel alcohol distillery.
15.
Foster home.
16.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-263, unless visually obstructed by existing vegetation or other structures on-site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
17.
Pony rings.
18.
Family day homes.
19.
Temporary family health care structures, as permitted in section 26-281.
20.
Tier 1 battery energy storage systems.
21.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
22.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
23.
Short-term rental, owner-occupied, in accordance with the standards of section 26-300.1 subsection 1.
24.
Secondary kitchen, in accordance with the standards of section 26-300.2.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-01, § 2, 10-9-13; Ord. No. 15-12, § 4, 11-10-15; Ord. No. 22-08, § 4, 11-9-22; Ord. No. 23-14, § 4, 10-25-23; Ord. No. 24-09, § 4, 1-22-25; Ord. No. 25-12, § 3, 8-27-25)
Section 26-35. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Airports and landing fields, provided they shall comply with the recommendations of the Federal Aviation Agency.
2.
Camps, day or boarding, private or commercial.
3.
Cemetery, including a crematorium, in accordance with the standards of section 26-295.
4.
Circus or carnival grounds, amusement park, zoo or midway, permanent or temporary for a specified time period.
5.
Exposition center or fairground.
6.
Heliport or helistop.
7.
Hospitals and sanitariums.
8.
Institutions, educational or philanthropic, including museums, art galleries and libraries.
9.
Livestock auction market, in accordance with the standards of section 26-298.
10.
Private clubs.
11.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds; and public boat landings.
12.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, substations and transmission lines.
13.
Race track, any type, including horses, stock cars, or drag strip.
14.
Recreation facility, commercially operated, such as fishing or boating lake, camp ground, picnic grounds, or dude ranch, and accessory facilities, including sale of food, beverages, bait, supplies and equipment.
15.
Sanitary landfill or trash collection site, in accordance with the standards of section 26-294.
16.
The extraction of stone, sand or gravel for sale to the public or for which a permit is required by the state department of mines, minerals and energy or the crushing, treating, washing or processing of materials resulting from that use when conducted on the same property.
17.
Sports area or stadium, commercial athletic field or baseball park.
18.
Swimming or tennis club, commercially operated, in accordance with the standards of section 26-299.
19.
Radio or television broadcasting station or tower more than one hundred twenty-five (125) feet in height, provided construction and safety features are approved by the zoning administrator in accordance with applicable regulations and provided no hazard is created in an airport approach zone.
20.
Churches and other places of worship, or the expansion by more than fifty (50) percent of the floor area of church or place of worship as it existed on November 18, 1987.
21.
Agricultural and forestal support center.
22.
Antique shop.
23.
The following excavation and filling activities, including all related excavation and filling activities, in accordance with the standards of section 26-296:
a.
The permanent placement or filling of fill other than clean earth fill, whether the source or destination of the fill is the same property or another property;
b.
The temporary storage or stockpiling of fill other than clean earth fill; and
c.
The sale of clean earth fill or other fill to the public.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-36. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Archery ranges.
2.
Asphalt batching plants or concrete batching plants.
3.
Dog kennel, commercial.
4.
Miniature golf courses or driving ranges.
5.
Nonaccessory tents for special purposes.
6.
Outdoor displays or promotional activities.
7.
Equestrian facilities.
8.
Raising for sale of birds, bees, fish, rabbits and other small animals in a Suburban Development Overlay District only.
9.
Rifle or pistol ranges, trap, or skeet shooting.
10.
Sawmill for cutting timber not grown on the premises.
11.
Temporary buildings for use as a sales or rental office for an approved real estate development or subdivision.
12.
Private garage for more than four (4) automobiles.
13.
Cemetery for pets.
14.
Convalescent homes, nursing homes, or homes for the aged.
15.
Day nurseries or child or adult day care centers.
16.
Frog or fish farms, in the Suburban Development Overlay District only.
17.
Sale of farm products not raised on the premises. Such sale shall be permitted only in conjunction with sales pursuant to section 26-34 above and only on a lot no less than ten (10) acres in area.
18.
Manufactured homes for living quarters as follows:
a.
Accessory to a farm;
b.
In cases of medical hardship, as defined in section 26-38, below.
19.
Equipment storage yards accessory to a business office for construction or service contractors, operated as a home occupation, when located outside of the Suburban Development Overlay District, provided:
a.
The maximum number of employees on-site shall not exceed ten (10) per establishment.
b.
There shall be no more than ten (10) pieces of motor propelled equipment stored per site, related to the designated use.
c.
There shall be a minimum lot size of five (5) acres, and no more than two (2) acres shall be devoted to the use permitted pursuant to this section.
d.
There shall be no associated structure on-site larger than five thousand (5,000) square feet in size.
e.
When equipment storage is within one hundred (100) feet of a property zoned for residential use, the equipment shall be screened in accordance with the standards specified in section 26-263.
f.
Applications shall be accompanied by a sketch plan prepared in accordance with the standards specified in section 26-323.
20.
Home occupations in an accessory building, home craft shops, or retail sales businesses conducted as a home occupation, in accordance with the standards of section 26-279.
21.
Sale of Christmas trees not raised on the premises.
22.
Auction sales, on a lot no less than ten (10) acres in area, located outside of the Suburban Development Overlay District, with no more than four (4) such sales in any calendar year.
23.
Open or enclosed space for the storage of one (1) commercial vehicle with greater than one-ton capacity on property located outside of the Suburban Development Overlay District and outside of an approved subdivision, subject to the following standards:
a.
The tax parcel on which the vehicle is stored shall be a minimum of two (2) acres in area and shall have public road frontage;
b.
If the vehicle is stored in an open space, the space shall be located at least one hundred (100) feet from any property zoned for residential use or shall be screened in accordance with the standards specified in section 26-263; and
c.
A sketch plan shall be submitted for review at the time of application, in accordance with the standards specified in section 26-323.
24.
Bed and breakfast, in accordance with the standards of section 26-300.
25.
Fences up to seven (7) feet in height, located within the front yard on lots outside of the suburban service area.
26.
Accessory family housing unit for use by a family member in accordance with the standards of section 26-280.
27.
Telecommunications towers and related facilities that exceed fifty (50) feet but do not exceed one hundred (100) feet in height, in accordance with the standards of section 26-282 through 26-292.
28.
Assisted living facilities that house nine (9) or more persons, not including caregivers.
29.
Children's residential facilities.
30.
The reduction in the front yard setback for new structures or the expansion of existing structures within areas designated in the Comprehensive Plan as Rural Village, in accordance with the standards set forth in section 26-338.1; provided, in no event shall the front yard setback be reduced below ten (10) feet.
31.
Accessory housing unit in accordance with the standards of section 26-280.
32.
Short-term rental, non-owner-occupied, or short-term rental, accessory detached, in accordance with the standards of section 26-300.1 subsection 2.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 16-13, § 3, 2-8-17; Ord. No. 23-06, § 3, 5-24-23; Ord. No. 24-09, § 5, 1-22-25; Ord. No. 25-10, § 3, 8-27-25)
Section 26-37. - Temporary manufactured home use.
(a)
A manufactured home may be used as a temporary residence in the following instances:
1.
Where the existing dwelling on a property has been destroyed by a fire, natural disaster or other act of God, during the construction of a permanent dwelling unit;
2.
Where the existing dwelling on a property has been damaged by a fire, natural disaster or other act of God and has been rendered uninhabitable, during the actual repair of an existing permanent dwelling unit intended to make the dwelling habitable; and
3.
During the construction phase of a permanent residential dwelling unit on property which did not previously have a dwelling unit.
(b)
The use of a manufactured home as a temporary residence as provided for in this section shall not be allowed until the zoning administrator has issued a permit for such use. The issuance of a permit shall be subject to the following regulations:
1.
An application shall be filed with the planning department on a form provided by the zoning administrator. The application shall include a verified statement that use of the manufactured home is necessary because of damage or destruction to a dwelling on the site where the manufactured home will be located and that the manufactured home will be used only as a dwelling for the residents of the original dwelling or the proposed dwelling, if the permit is for the use of a manufactured home as a temporary residence during the initial construction of permanent dwelling on the property. The application shall also document the nature and date of the event causing the damage or destruction, if applicable.
2.
The site must comply with all requirements of the Hanover County Code, including the Zoning Ordinance and Subdivision Ordinance.
3.
The permit shall be valid for a period of six (6) months from the date of issuance. A permit may be renewed at the end of this period; provided, that the total time period, including extensions, for the temporary use of the manufactured home shall not exceed three (3) years from the date of original approval of the permit. In situations where an extension is denied, the applicant shall remove the manufactured home from the site within sixty (60) days of the date of denial.
4.
When a permit is issued for the use of a manufactured home as a temporary residence during the actual construction phase of a permanent residential dwelling unit on the property or the repair of an existing permanent dwelling when the existing dwelling has been destroyed or damaged by a fire, other natural disaster, or other act of God and the dwelling has been rendered uninhabitable, an extension shall be granted only if improvements have completed in accordance with the following schedule:
a.
Within one year from the date of issuance of the permit: the placement of the manufactured home placement, the installation of a well and septic tank and the installation and provision of access; and
b.
Within two years from the date of issuance of the permit: all necessary building permits for the permanent dwelling have been obtained, the footing and the foundation have been constructed, and the dwelling has been framed and protected from weather.
5.
The site shall remain in compliance with all requirements of the Hanover County Code, including the Zoning Ordinance and Subdivision Ordinance, during the term of the permit. The permit shall be void upon failure of the applicant to maintain compliance with all requirements.
6.
Prior to the expiration date or the voiding of any permit the manufactured home shall be removed from the site by the owner or applicant.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-38. - Standards for permits and special exceptions for the use of manufactured homes as temporary living quarters in case of medical hardships.
A manufactured home may be used as temporary living quarters in the case of a medical hardship as follows:
1.
An application shall be filed with the planning department on a form provided by the zoning administrator. The application shall include:
a.
A verified statement by a medical practitioner, licensed by the state, that a particular individual requires continuous care for health reasons by another person, and
b.
A verified statement that use of the manufactured home is necessary to provide such care.
2.
Where the property on which the use of a manufactured home is being requested exceeds five (5) acres in size and where the proposed location of the manufactured home is located at least two hundred (200) feet from any adjacent property, the zoning administrator shall make the determination as to whether a permit should be issued allowing the use of a manufactured home as a temporary living quarters in the case of a medical hardship. For all other requests for use of a manufactured home in cases of a medical hardship, a special exception shall be required.
3.
In situations where a permit issued by the zoning administrator is applicable, the zoning administrator shall determine whether the requirements set forth in subsection 1, above, have been satisfied; if the requirements have been satisfied, he shall issue a permit allowing the use of a manufactured home as temporary living quarters. For all other situations, the board shall determine, after a public hearing, whether the requirements set forth in subsection 1, above, have been satisfied. In making this determination, the zoning administrator or board, as appropriate, shall consider the potential for adverse impact of the use on the surrounding properties.
4.
The time period for the permit or special exception shall not exceed two (2) years from the date of issuance. Extensions may be granted in two (2) year increments for the duration of the hardship, in accordance with the following procedures and standards:
a.
An application for an extension must be filed at least thirty (30) days prior to the expiration of the permit.
b.
The application for an extension of the permit or special exception shall include a signed certificate, as described above, verifying the need for living assistance due to age or medical reasons.
c.
After reviewing the information submitted, the zoning administrator shall determine whether the criteria set forth above has been satisfied and whether the request for an extension of the permit or special exception should be granted.
d.
Where an extension has been denied, or when a permit has otherwise expired, the applicant shall remove the manufactured home from the site within sixty (60) days of the date of denial or expiration.
5.
The permit or special exception authorized by this section shall be issued only to a specific individual and a specific property, and shall be valid only for the duration of the verified hardship.
6.
The temporary occupant of the manufactured home approved pursuant to the provisions of this section may be either the person needing care or the person providing care; provided, upon cessation of the hardship or the expiration of the permit, the manufactured home shall be removed from the site within sixty (60) days regardless of whether it is occupied by the person(s) needing care or providing care.
7.
The site must comply with all requirements of the Hanover County Code, including the Zoning Ordinance and Subdivision Ordinance, prior to the issuance of a permit, or an extension of a permit, pursuant to this section.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-39. - Density requirements and lot size requirements.
(a)
The minimum parcel size for consideration of AR-6 zoning shall be four (4) acres. The zoning request shall apply to the subject parcel in its entirety. Permissible density shall be calculated as follows:
*
Fractions resulting from the calculation shall be rounded down to the next whole number.
(b)
No lot less than twenty (20) acres in area which is part of a recorded subdivision shall be eligible for consideration for AR-6, Agricultural Residential District zoning.
(c)
Lot size requirements:
Notes:
1.
Lot width is measured at the front lot line for any lot located along any public road except those public roads created through the subdivision process; for lots located along a private road or a public road created through the subdivision of a parcel, lot width is measured at a point within the front half of the total depth of the lot. When access to a lot exempt from subdivision requirements is provided by use of a right-of-way with a width of fifty (50) feet or less, the lot shall meet the minimum width requirements for any lot which has frontage on a fifty-foot right-of-way.
2.
Minimum frontage for development on private roads or any other road created through subdivision is twenty (20) feet; frontage on any other public road shall be the minimum required lot width.
3.
Proposed rights-of-way are those designated by the Major Thoroughfare Plan.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-40. - Yard requirements.
Note: Ultimate rights-of-way are those designated by the major thoroughfare plan.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-12, § 5, 11-10-15)
Section 26-41. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right: shall not exceed fifty (50) feet.
b.
Permitted with a special exception: shall not exceed one hundred (100) feet.
2.
Single-family dwellings and all other structures not specifically exempted in section 26-248 shall not exceed a height of 2 to 2.5 stories or thirty-five (35) feet, whichever is less.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-42.- Purpose of the district.
The purpose of this district is to provide for low-density, single-family residential development within the rural areas of the county. The classification consists of both a residential district and a preservation district in which agriculture is a permitted use. The regulations are intended to provide assurances that open space will be preserved and maintained in conjunction with sufficient design flexibility to provide an incentive to develop cluster residential development with open space.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-43. - Permitted uses.
Buildings or land shall be used for the following purposes:
(a)
Uses of residential lots:
1.
Single-family dwellings, detached.
2.
Facilities and structures necessary for rendering utility service, including poles, wires, transformers, utility cabinets and pedestals, and the like for normal electrical power distribution or communication service, and pipelines or conduits for electrical, gas, sewer, or water service.
Where a utility cabinet or pedestal is located above ground and outside the public right-of-way, it shall be (1) located so that it does not interfere with the normal flow of pedestrian and motor vehicle traffic, and (2) screened from view from residences and public rights-of-way with evergreen plant material that is at least the height of the utility cabinet or pedestal. Screening shall not be required for (a) single stand-alone utility cabinets or pedestals that do not exceed four feet in height and do not have a footprint area in excess of six square feet, and (b) a single means of access to a utility cabinet or pedestal, provided the means of access is located so as to minimize visibility of the utility cabinet or pedestal from residences and public rights-of way.
3.
Telecommunications towers and related facilities that do not exceed fifty (50) feet in height, in accordance with the standards of sections 26-282 through 26-292.
(b)
Uses of preservation lots:
1.
Single-family dwellings, detached.
2.
Natural or landscaped buffers.
3.
Passive or active recreation areas, pedestrian and jogging trails, bicycle paths, picnic and sitting areas, equestrian facilities and similar facilities serving residents of the development or their guests.
4.
Forests, wildlife reservations, and conservation areas.
5.
Agricultural uses, including horticultural or general farming, truck gardens, cultivation of crops or similar agricultural uses, with the following exceptions, which are prohibited:
a.
Uses likely to generate noxious odors, such as hog, pig, or poultry farms, or similar uses.
b.
Land application of sewage sludge.
6.
Private stables and other facilities for keeping of horses or ponies for personal enjoyment and not as a business, provided that all buildings for the housing of animals shall be located at least two hundred (200) feet from the perimeter of the site and from property lines of residential lots.
7.
Facilities and structures necessary for rendering utility service, including poles, wires, transformers, utility cabinets and pedestals, and the like for normal electrical power distribution or communication service, and pipelines or conduits for electrical, gas, sewer, or water service, and drain fields serving the development.
8.
Golf courses, public or private, in accordance with the standards specified in the A-1, Agricultural District. Private courses may include accessory uses such as a clubhouse, swimming pool, tennis court, or other amenity provided solely for the use of members and their guests. The area devoted to the golf course use and its attendant accessory uses shall comprise no more than seventy-five (75) percent of the conservation area within the district, exclusive of Chesapeake Bay Resource Protection Areas and slopes greater than twenty-five (25) percent.
9.
Telecommunications towers and related facilities that do not exceed fifty (50) feet in height, in accordance with the standards of sections 26-282 through 26-292.
(c)
Uses of common open space:
1.
Natural or landscaped buffers.
2.
Passive recreation areas or active recreation areas, pedestrian and jogging trails, bicycle paths, picnic and sitting areas, equestrian facilities and similar facilities serving residents of the development or their guests.
3.
Individual or common wells or individual or common disposal facilities, including drainfields.
4.
Forests, wildlife reservations, and conservation areas.
5.
Agricultural uses, including horticultural or general farming, truck gardens, cultivation of crops or similar agricultural uses, with the following exceptions, which are prohibited:
a.
Uses likely to generate noxious odors, such as hog, pig, or poultry farms, or similar uses.
b.
Land application of sewage sludge.
6.
Telecommunications towers and related facilities that do not exceed fifty (50) feet in height, in accordance with the standards of sections 26-282 through 26-292.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-44. - Permitted accessory uses.
The following accessory uses and structure shall be permitted:
(a)
Uses of residential lots:
1.
Domestic storage in a main building or an accessory building.
2.
Private garages.
3.
Guesthouses.
4.
Home occupations in a main building, in accordance with the standards of section 26-279.
5.
Keeping of companion animals, but only for personal enjoyment or household use, and not as a business.
6.
Quarters for domestic employees.
7.
Storage of recreational vehicles, utility trailers, boat trailers, and similar vehicles, in the driveway for the residence or in the rear yard, in accordance with the following:
a.
The vehicle has displayed thereon valid license plates and a valid inspection decal as required by state law for operation on public highways;
b.
The vehicle is not used for commercial purposes; and
c.
In situations where the vehicle is parked in the driveway, the vehicle is located entirely within the improved area.
For the purposes of this section, the term "driveway" shall mean a single improved roadway (1) which provides access for vehicles from a public or private road to a parking space, garage, or dwelling or which is directly connected to the improved area, and (2) which has received all required approvals from the state department of transportation.
8.
Swimming pools and game courts, lighted or unlighted, for use of occupants or their guests.
9.
Temporary buildings, the uses of which are incidental to construction operations during development being conducted on the same or adjoining lot and which shall be removed upon completion or abandonment of such construction, or the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.
10.
Accessory off-street parking and loading spaces. Open or enclosed space for parking one (1) commercial vehicle of not more than one-ton capacity and used by the occupant of a dwelling shall be permitted as accessory.
11.
Construction trailers for a period not to exceed one (1) year.
12.
Foster home.
13.
Family day homes.
14.
Temporary family health care structures, as permitted in section 26-281.
15.
Tier 1 battery energy storage systems.
16.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
17.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
18.
Short-term rental, owner-occupied, in accordance with the standards of section 26-300.1 subsection 1.
19.
Secondary kitchen, in accordance with the standards of section 26-300.2.
(b)
Uses of preservation lots:
1.
When a preservation lot is improved with a residence, the accessory uses specified in section 26-44 shall be permitted. Upon a finding by the Board that the public interest will be served by the preservation of multiple structures, more than one (1) main building may be permitted on a preservation lot.
2.
On parcels of ten (10) acres or more in area used for agricultural purposes: structures for sale of farm products raised on the premises; open or enclosed storage of farm materials, products or equipment; farm buildings, including barns, stables, sheds, tool rooms, shops, bins, tanks and silos.
3.
Temporary buildings, the uses of which are incidental to construction operations during development being conducted on the same parcel and which shall be removed upon completion or abandonment of such construction, or the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.
4.
Accessory off-street parking and loading spaces.
5.
Construction trailers for a period not to exceed one (1) year from issuance of building permit for the trailer.
6.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-263, unless visually obstructed by existing vegetation or other structures on-site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
7.
Dog kennels, noncommercial, as an accessory to and located within the building envelope for a residence; provided any open pens, runs, cages or kennels or any place for keeping more than five (5) adult dogs shall be located at least two hundred (200) feet from any side or rear lot lines.
8.
Short-term rental, owner-occupied, in accordance with the standards of section 26-300.1 subsection 1.
9.
Secondary kitchen, in accordance with the standards of section 26-300.2.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-12, § 6, 11-10-15; Ord. No. 22-08, § 5, 11-9-22; Ord. No. 23-14, § 5, 10-25-23; Ord. No. 24-09, § 6, 1-22-25; Ord. No. 25-12, § 4, 8-27-25)
Section 26-45. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Public utilities or public service uses, buildings, treatment plants, pumping or regulator stations, substations and power transmission lines.
2.
Restaurant, in accordance with the standards specified in the A-1, Agricultural District.
3.
Antique stores.
4.
Bed and breakfast, in accordance with the standards of section 26-300.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-46. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Accessory housing unit in accordance with the standards of section 26-280.
2.
Telecommunications towers and related facilities that exceed fifty (50) feet but do not exceed one hundred (100) feet in height, in accordance with the standards of sections 26-282 through 26-292.
3.
On preservation lots, a public or commercial stable may be allowed, provided that there shall be housed on the lot no more than one (1) horse or pony for each acre of land.
4.
Short-term rentals, non-owner-occupied, or short-term rental, accessory detached, in accordance with the standards of section 26-300.1 subsection 2.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 19-07, § 1, 11-13-19; Ord. No. 23-06, § 4, 5-24-23; Ord. No. 24-09, § 7, 1-22-25; Ord. No. 25-10, § 4, 8-27-25)
Section 26-47. - Minimum district area.
The minimum area for an RC District shall be twenty-five (25) contiguous acres.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-48. - Density calculation.
Maximum density shall be one (1) residential unit per six and one-quarter (6.25) acres. The fractional result of any calculations shall be rounded down to the whole unit.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-49. - Minimum acreage of conservation areas.
(a)
A minimum of seventy (70) percent of the net acreage of a district shall be conservation areas. Net acreage shall be the total area of the district minus the total of Chesapeake Bay Resource Protection Areas and areas of slopes greater than twenty-five (25) percent.
(b)
Conservation areas may include preservation lots, common open space, or both. The minimum size of the common open space, owned by the owners' association, shall be equal to twenty (20) percent of the conservation area for the first one hundred (100) acres of gross district area plus ten (10) percent of the conservation area calculated for any portion of the district in excess of one hundred (100) gross acres.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-50. - Conceptual plan.
The property shall be developed and maintained in substantial conformity with the conceptual plan approved by the Board as part of the approval of the development.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-51. - Lot area requirements.
There shall be no minimum lot area within the RC district. An RC district shall be limited to the creation of one (1) preservation lot.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-52. - Yard requirements.
Note: All other structures shall meet the requirements specified in the A-1, agricultural district unless modified by the regulations of this district or of article 5.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-12, § 7, 11-10-15)
Section 26-53. - Height restrictions.
The following height requirements shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right: shall not exceed fifty (50) feet.
b.
Permitted with a special exception: shall not exceed one hundred (100) feet.
2.
Structures, including single-family dwellings and all other structures not specifically exempted in section 26-248, shall not exceed a height of two and one-half (2.5) stories or thirty-five (35) feet, whichever is less.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-54. - Development standards and procedures.
The following requirements shall apply for developments with the RC District.
(a)
Existing features and site analysis plan. A plan shall be submitted with each application for rezoning. Plans for proposed districts of less than one hundred (100) acres shall be drawn to a scale of not less than 1":200', and shall include the area within one thousand feet (1,000) feet of the boundary of the proposed district. For proposed districts of one hundred (100) acres or more, the scale shall be not less than 1":400', and shall include the area within two thousand (2,000) feet of the proposed district.
The plan shall include the following information:
1.
Topography (from county base maps), with slopes between fifteen (15) and twenty-five (25) percent and slopes exceeding twenty-five (25) percent clearly indicated on the plan.
2.
Stream valleys and wetland complexes (from maps published by the U.S. Fish and Wildlife Service or the U.S.D.A. Natural Resources Conservation Service).
3.
Woodlands over one-half (0.5) acre in area (from county base maps or aerial photographs).
4.
Ridge lines, public and private roads and trails, utility and other easements and rights-of-way, public land, land protected under conservation easements, buildings, utilities, drainage ditches, and tile fields and other man-made improvements.
5.
Rock outcroppings and aquifer recharge areas, based on available published information (from USGS maps or other sources approved by the county).
6.
The location of ponds, streams, and natural drainage swales, and 100-year floodplains, as well as all resource protection areas as defined under the Chesapeake Bay protection requirements (from Chesapeake Bay maps).
7.
Soil types, including designations of "prime," "of statewide importance," and "other," and accompanying data regarding septic suitability and depth to high water table for each soil, as mapped by the U.S. Department of Agriculture, Soil Conservation Service, in the published soil survey for Hanover County, Virginia (from chart with application).
8.
Vegetative cover conditions on the property according to general cover type including cultivated land, grassland, woodland and wetland (as designated by the Corps of Engineers), trees with a caliper in excess of fifteen (15) inches outside of designated woodlands, and the actual canopy line of existing trees and woodlands. Vegetation shall be described by type, relative age, and condition.
9.
Watershed boundaries on the property (from county base maps).
10.
Locations of all historic structures, features, and sites on the tract, such as, but not limited to, those identified in the Hanover County Historic Site Survey (including those on any abutting tract), abandoned roads, and military earthworks.
After submittal of the plan, a review of the plan with the applicant shall be conducted on the proposed site by the planning staff. Recommendations for revisions to the plan may be suggested by the staff, and the applicant may incorporate such revisions into a conceptual plan for development of the property.
(b)
Conceptual site plan and preliminary plat; requirements. After the on-site review of the existing features and site analysis plan, the applicant shall prepare a conceptual site plan for the proposed district, and may also designate the conceptual site plan as the preliminary subdivision plat for the proposed subdivision. The site plan shall include all of the information specified above for the existing features and site analysis plan, and shall also include the following additional information:
1.
Name of proposed subdivision.
2.
Magisterial district, County and State.
3.
Name(s) of owner(s) and developer(s) (if applicable).
4.
Name of engineer or surveyor who prepared the plat.
5.
Vicinity sketch, at a scale of one (1) inch equals two thousand (2,000) feet.
6.
Scale of plan:
For districts less than one hundred (100) acres: 1":200' plus the area within one thousand (1,000) feet of the boundary.
For districts one hundred (100) acres or greater: 1":400' plus the area within two thousand (2,000) feet of the boundary.
7.
North arrow, scale, and date of completion, with any subsequent revision dates.
8.
Number of sheets—match lines.
9.
Boundary survey (of parent tract), showing bearings and distances.
10.
Zoning and zoning district boundaries, both existing and proposed. Provide zoning case number and proffers.
11.
Total acreage of the area to be subdivided.
12.
Number of lots in the proposed subdivision.
13.
Names of owners both within and adjoining the proposed subdivision. Provide names of any abutting subdivisions.
14.
Location, width, and names (numbers) of all existing or platted streets and public ways adjoining the proposed subdivision.
15.
Location, width, and purpose of the rights-of-way and easements.
16.
Location of existing physical features, including buildings, and all streams, washes, or ditches, including direction of flood, water level elevations, floodplain limits of one hundred-year floods, mapped dam break inundation zones, and Chesapeake Bay Protection Areas.
17.
Proposed location of streets, showing width and names.
18.
Proposed lot layout, lot numbers, block letters, and approximate dimensions of lots.
19.
Location of the proposed subdivision as part of some larger subdivision (or tract of land), if applicable, and by reference to permanent survey monuments with a tie to a section corner.
20.
Location of common wells or common sewage disposal facilities, if applicable.
21.
Topography at vertical intervals of five (5) feet, or at such other interval as may be required by the Director.
22.
GPIN(s) of property to be divided.
23.
Location(s) of any historic resources on both the subject and adjacent parcels, including cemeteries, trenches, and archeological features as reflected in available County records.
24.
Width of right-of-way, according to the major thoroughfare plan.
25.
Designation of conservation and development areas, and areas of open space.
26.
Location of pedestrian trails.
27.
Such other information as may be required by the Director.
(c)
Conservation and development areas. Conservation areas shall be those areas comprising at least seventy (70) percent of the net acreage of the district and all areas of Chesapeake Bay Resource Protection Areas and slopes in excess of twenty-five (25) percent. The remainder of the district shall be development area, in which the residential lots are to be located. To the extent practicable, conservation areas shall incorporate all of the following resources located on the tract:
1.
Stream valleys and wetland complexes; ponds, streams, and natural drainage swales; and 100-year floodplains.
2.
Aquifer recharge areas.
3.
"Prime" and "of statewide importance" soils.
4.
Moderate slopes (fifteen (15) percent to twenty-five (25) percent).
5.
Healthy woodlands, groups of trees, large individual trees of botanic significance, and other vegetational features representing the tract's rural past.
6.
Significant natural areas of species listed as endangered, threatened, or of special concern.
7.
Historic structures, features, and sites.
8.
Visually prominent topographic features such as knolls, hilltops and ridges, and scenic viewsheds as seen from public roads (particularly those with historic features).
(d)
All lands deducted from the gross acreage to determine net acreage (Chesapeake Bay Resource Protection Areas and all slopes over twenty-five (25) percent) shall be designated in their entirety as conservation areas, using the actual boundaries of resource protection areas and steep slopes. Additional minimum acreage requirements for conservation areas, where necessary, shall consist of lands designated on the basis of the standards specified above and in this subsection.
(e)
The conceptual site plan shall provide for adherence to the following standards, to the extent practicable:
1.
The conservation areas shall be free of all structures except historic buildings, stone walls, and structures related to conservation area uses. Structures and improvements required for storm drainage, sewage treatment, and water supply within the conservation area may be included, provided that such facilities would not be detrimental to the conservation area (and that the acreage of lands required for such uses is not credited towards minimum conservation area acreage requirements for the tract, unless the land they occupy is appropriate for passive recreational use).
2.
The conservation areas shall generally not include parcels smaller than three (3) acres, have a length-to-width ratio of less than 4:1, or be less than seventy-five (75) feet in width, except for such lands specifically designed as neighborhood greens, playing fields, or trail links, or unless they contain an isolated and notable natural or cultural feature, such as a large tree, unusual rock formation, earthwork, burial site, or other important attraction.
3.
The conservation areas shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe and convenient pedestrian access to neighborhood conservation areas.
4.
The conservation areas shall be suitable for active recreational uses without interfering with adjacent dwelling units, parking, driveways, and roads.
5.
The conservation areas shall be interconnected to provide a continuous network of conservation areas within and adjoining the subdivision.
6.
The conservation areas shall provide buffers to adjoining parks, preserves, or other protected lands.
7.
Except for those parts of the conservation area located within preservation lot(s), pedestrian pathways shall be provided within the area for use by the residents of the subdivision. Consideration shall be given to providing for public access on such trails if they are linked to other publicly-accessible pathway systems within the county. Provisions should be made for access to the conservation areas, as required for land management and emergency purposes. Neighborhood trails across preservation lots(s) shall be included to provide for large trail loops, and where privacy intrusions, crop damage, and livestock disturbance can be minimized.
8.
The conservation areas shall be undivided by public or private roads, except where necessary for proper traffic circulation.
9.
The conservation areas shall retain existing natural cover and wooded areas to the maximum extent practicable, to protect conservation area resources. In those areas where retention is impractical, they shall be landscaped, and landscaping plans provided with the conceptual plan. The use of native species shall predominate on landscaping plans.
10.
The conservation areas shall be consistent with the county's Comprehensive Land Use Plan and its Recreation Plan.
(f)
Ownership and maintenance.
(1)
Prior to or contemporaneous with final subdivision approval for any property within an RC district, applicants shall record documents which create an owners' association, convey all common and open space areas to the association and require that the association maintain all open space, common areas and amenities, including recreation facilities, street lights, street trees, alleys, and pedestrian paths, with mandatory membership of all lot owners and authority for the association to assess fees and impose liens on members' property for the cost of maintenance of those areas; provided that alternate arrangements for the ownership and maintenance of the open space may be approved by the Board, as described below.
(2)
Unless alternate arrangements are approved by the Board, prior to or contemporaneous with final subdivision approval for any property within an RC District, applicants shall record documents conveying open space easements applicable to the common and open space, to the county, and applicable to the preservation lot, to the county, and to the owners' association, with content approved by the county, requiring preservation of features so designated on the plan, requiring maintenance in perpetuity of the common and open space and preservation lot(s), prohibiting further division of those areas, and prohibiting any use not permitted by the Zoning Ordinance.
(3)
The Board may approve conveyance of the open space and any open space easement to a qualifying nonprofit or governmental entity other than the owners' association or the county, upon a finding that such a conveyance will achieve purposes of open space or historic preservation consistent with the character of the RC district, that the conveyance will be beneficial to the future owners within the district and to the public, and that the purposes and resources of the entity and the proposed conveyance are consistent with the perpetual preservation of the open space and significant features.
(g)
Evaluation criteria. At the time of consideration of the zoning request, the following criteria will be considered as indicating design appropriate to the site's natural, historic, and cultural features, and meeting the purposes of this ordinance. Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between residential and open space areas. Accordingly, proposals shall be evaluated to determine whether the proposed development plan adequately addresses the following criteria:
1.
Protection and preservation of all floodplains, wetlands, and steep slopes from clearing, grading, filling, or construction (except as may be approved by the county for essential infrastructure or active or passive recreation amenities).
2.
Preservation and maintenance of existing treelines between fields or meadows, mature woodlands, pastures, meadows, and orchards, which create sufficient buffer areas to minimize conflicts between residential and other uses; and limitation of impacts on large woodlands (greater than five (5) acres), especially those containing many mature trees or a significant wildlife habitat. Also, woodlands of any size on highly erodible soils with slopes greater than ten (10) percent should be avoided.
3.
Minimization of development on open fields or pastures. Dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field, as seen from existing public roads.
4.
Preservation of existing vistas, particularly as seen from public roadways, and buffering of development within view of public roads with landscaping screens.
5.
Avoidance of siting of new construction on prominent hilltops or ridges, by taking advantage of lower topographic features.
6.
Preservation of sites of historic, archaeological, or cultural value, and their environs, insofar as needed to safeguard the character of the feature.
7.
Provision of active recreational areas in suitable locations offering convenient access by residents, and with adequate screening from nearby residential lots.
8.
Inclusion of a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the open space. All roadside footpaths should connect with off-road trails, which in turn should link with open space.
9.
Provision of open space that is reasonably contiguous and avoids fragmentation so that these areas are not divided into numerous small parcels located in various parts of the development. The open space shall generally abut existing or potential open space land on adjacent parcels, and shall be designed as part of any existing or proposed larger contiguous and integrated greenway systems.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-54.1.- Purpose of the district.
The purpose of this district is to preserve and enhance historic villages that serve surrounding rural communities and help define the character of the County's rural areas. This district is intended to accommodate a mix of small-scale institutional, commercial, and single-family residential uses, either within historic structures or within new development that complements the scale, architecture, and materials of existing development. This district is applied to three (3) areas designated "Rural Village" in the Comprehensive Plan, the villages of Beaverdam, Hanover Courthouse, and Montpelier.
(Ord. No. 24-13, § 1, 3-26-25)
Section 26-54.2. - Permitted uses.
(a)
Residential Uses.
1.
Single-family dwellings, detached.
(b)
Commercial Uses. The following commercial uses are permitted, provided that the use occupies no more than four thousand (4,000) square feet:
1.
Animal hospital or clinic for small animals conducted entirely in a soundproof building.
2.
Antiques stores.
3.
Arts and craft stores.
4.
Automobile parts and accessories sales (no repairs).
5.
Bakery, retail.
6.
Banks and other financial institutions (without drive-through window).
7.
Bicycle sales and repair shops.
8.
Catering or delicatessen business.
9.
Clothing stores.
10.
Consignment stores (including those with online sales but not including furniture or appliances).
11.
Convenience store without fuel sales or drive-through window food sales.
12.
Copy and print store.
13.
Dry cleaners.
14.
Electronics and appliance sales or repair.
15.
Exam preparation and tutoring.
16.
Fabric stores.
17.
Farmers market.
18.
Fitness center (indoor only).
19.
Flower shops and greenhouses incidental thereto.
20.
Food and beverage stores.
21.
Furniture stores.
22.
Gift and novelty stores.
23.
Hardware stores.
24.
Health equipment rental.
25.
Health supplement stores.
26.
Hobby, toy and game stores.
27.
Home furnishing stores.
28.
Home hardware rental (small).
29.
Laundromats.
30.
Lawn and garden equipment and supply stores.
31.
Musical instrument and supplies stores.
32.
Office supplies and stationery stores.
33.
Offices, business, governmental, medical or professional.
34.
Packaging and mailing services.
35.
Paint and wallpaper stores.
36.
Party equipment rental.
37.
Personal service establishment.
38.
Pet shop or animal grooming establishment.
39.
Pharmacies and drug stores.
40.
Restaurants.
41.
Restaurants, carry-out.
42.
Restaurants, fast food, but not drive-through.
43.
Restaurants with craft brewery.
44.
Shoe repair shops.
45.
Souvenir stores.
46.
Sporting goods stores.
47.
Studios for artists, photographers, sculptors, or musicians, to include instruction.
48.
Tailors.
(Ord. No. 24-13, § 1, 3-26-25)
Section 26-54.3. - Permitted accessory uses.
1.
Domestic storage in main building or in an accessory building.
2.
Garage, private.
3.
Home occupations in a main building, in accordance with section 26-279.
4.
Keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use, and not as a business.
5.
Storage of recreational vehicles, utility trailers, boat trailers and similar vehicles, in the driveway for the residence or in the rear yard, in accordance with the following:
a.
The vehicle has displayed thereon valid license plates and a valid inspection decal as required by state law for operation on public highways;
b.
The vehicle is not used for commercial purposes; and
c.
In situations where the vehicle is parked in the driveway, the vehicle is located entirely within the improved area.
d.
For the purposes of this section, the term "driveway" shall mean a single improved roadway (1) which provides access for vehicles from a public or private road to a parking space, garage, or dwelling or which is directly connected to the improved area, and (2) which has received all required approvals from the state department of transportation.
6.
Swimming pool and game courts, lighted or unlighted, and community buildings or clubhouses, for use of residents or their guests.
7.
Signs as permitted within this district.
8.
Temporary buildings, the uses of which are incidental to construction operations during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years of the time of erection of such temporary buildings, whichever is sooner.
9.
Accessory off-street parking and loading spaces. Open or enclosed space for parking one (1) commercial vehicle of not more than one-ton capacity and used by the occupant of a dwelling shall be permitted as accessory.
10.
The location of office or construction trailers for a period not to exceed one (1) year.
11.
Foster home.
12.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-263, unless visually obstructed by existing vegetation or other structures on site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
13.
Family day homes.
14.
Temporary family health care structures, as permitted in section 26-281.
15.
Tier 1 battery energy storage systems.
16.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
17.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
18.
Short-term rental, owner-occupied, in accordance with the standards of section 26-300.1 subsection 1.
(Ord. No. 24-13, § 1, 3-26-25)
Section 26-54.4. - Conditional uses.
(a)
Residential Uses.
1.
Multiple-use structure, with no more than three (3) residential units, provided no more than fifty (50) percent of the floor area within such structure may be used for residential purposes. With approval of a conditional use permit, density may be increased to up to three (3) units per acre for this use.
(b)
Commercial Uses.
1.
Any of the commercial uses listed in section 26-54.2(b) that exceed four thousand (4,000) square feet in area.
2.
Hotel or motel with no more than twenty (20) rooms, including one (1) dwelling for those employed on the premises.
3.
Nursery for growing or propagation of plants, trees, and shrubs.
4.
Greenhouses, commercial, wholesale or retail.
5.
Wineries (not including vineyards).
6.
Craft brewery.
7.
Reupholstery and furniture, repair and maintenance, provided that no outside storage of material is permitted.
8.
Personal and household goods, repair and maintenance, provided that no outside storage of material is permitted.
9.
Sound recording industries.
10.
Statuary goods stores, including the sale of headstones.
11.
Clinics.
(c)
Institutional, Governmental, and Recreation Uses.
1.
Camps, day or boarding, private or commercial.
2.
Institutions, educational or philanthropic, including museums, art galleries and libraries.
3.
Private clubs.
4.
Meeting hall.
5.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds.
6.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, substations, and transmission lines not otherwise allowed as a permitted use.
7.
Swimming or tennis club or other recreational facility, private, nonprofit, or commercially operated in accordance with the standards of section 26-299.
8.
Churches, rectories, parish houses, convents and monasteries, temples, and synagogues, or the expansion of any existing church, temple, or synagogue by more than fifty (50) percent of its floor area.
9.
Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, round houses, power houses, interlocking towers, and fueling, sanding and watering stations.
10.
Taxidermy shop.
(Ord. No. 24-13, § 1, 3-26-25)
Section 26-54.5. - Special exceptions.
(a)
Residential Uses.
1.
Duplex. With approval of a special exception, density may be increased to up to two (2) units per acre for this use.
2.
A private garage for more than four (4) automobiles.
3.
Home occupations in an accessory building, except for home craft shops and retail sales businesses, in accordance with section 26-279.
4.
Children's residential facilities.
5.
Assisted living facilities that house nine (9) or more persons, not including caregivers.
6.
Convalescent homes, nursing homes, or homes for the aged.
7.
Accessory housing unit in accordance with standards of section 26-280.
8.
Short-term rental, non-owner-occupied, in accordance with the standards of section 26-300.1 subsection 2.
(b)
Agricultural Uses.
1.
Riding academies, public stables, private stables.
2.
Agricultural and horticultural uses as follows: nurseries for growing or propagation of plants, trees, and shrubs, cultivation of field crops, and orchards.
(c)
Commercial Uses.
1.
Adult day care centers.
2.
Archery ranges (indoor only).
3.
Commercial dog kennels.
4.
Day nurseries or child day care centers.
5.
Nonaccessory tents for special purposes.
6.
Outdoor displays or promotional activities (other than "promotional events").
7.
Outdoor musical or entertainment festivals.
8.
Telecommunications towers and related facilities that:
Exceed one hundred (100) feet in height but do not exceed one hundred forty (140) feet in height; or
Exceed fifty (50) feet but do not exceed one hundred forty (140) feet and are located along designated scenic roads or waterways, in accordance with the standards set forth in sections 26-282 through 26-292.
9.
Bed and breakfasts.
(Ord. No. 24-13, § 1, 3-26-25)
Section 26-54.6. - Density and lot, setback, and building size standards.
The density and lot, setback, and building size standards specified in this section apply to all use types unless otherwise specified.
(Ord. No. 24-13, § 1, 3-26-25)
Section 26-54.7. - Special design standards for commercial, institutional, and mixed-use development.
In addition to applicable standards set forth in article 5, site design regulations, any commercial, institutional, recreational, and vertically mixed-use development within this district must also comply with the following standards:
1.
Parking location: For uses with twenty (20) or more off-street parking spaces, no more than fifty percent (50%) of the off-street parking spaces may be located between the front facade of the building and adjacent public roads. If an existing site currently exceeds this requirement, any additional parking provided must be located to the side or rear of the existing building.
2.
Parking lot landscaping: Where a parking area abuts a public right-of-way, a private access easement, or an adjacent property used for residential or agricultural purposes, evergreen shrubs must be planted to form a continuous, opaque hedge around the perimeter of the parking area, provided that:
a.
A solid masonry wall or opaque ornamental fence may be substituted for all or part of the required hedge; and
b.
Any hedge or wall abutting a street must be maintained at a maximum height of three (3) feet above the elevation of the adjacent parking area.
3.
Buffers: Development must adhere to the requirements regarding buffers set forth in section 26-264. An applicant may submit an alternative landscape plan as part of an application for a conditional use permit, special exception, or site plan, in the following instances:
a.
An existing building is located within thirty-five (35) feet of the existing or planned right-of-way;
b.
Existing buildings on adjacent parcels are located within thirty-five (35) feet of the existing or planned right-of-way; or
c.
Natural conditions, lot size or configuration, presence of utility or other easements, or historic development patterns in the surrounding area make strict adherence to the landscaping standards impractical or infeasible, as determined by the director.
The alternative landscape plan may allow for a reduction in the required width of the buffer or the required number of plantings, provided that at least two (2) of the following conditions are satisfied:
(1)
All off-street parking spaces are located to the side or the rear of the primary building relative to the major thoroughfare;
(2)
A sidewalk at least five (5) feet in width is provided along the property frontage adjacent to the major thoroughfare, either within the right-of-way or buffer area;
(3)
The number of plantings provided exceeds ordinance requirements by at least thirty percent (30%) for both trees and shrubs;
(4)
Eighty percent (80%) of the building facade oriented towards the public right-of-way consists of brick or stone compatible in color and application as historic buildings in the surrounding village area, as determined by the director;
(5)
The building is listed either individually on the National Register of Historic Places or is a contributing structure within an historic district listed on the National Register of Historic Places and the building is being maintained and preserved.
Any alternative plan may be approved at the discretion of the director, provided that one (1) or more of the aforementioned conditions are met and such plan is in conformity with proffered conditions and sketch plans approved in conjunction with a conditional use permit or special exception.
4.
Loading areas: Loading areas must be located to the side or rear of building. Loading areas may not be oriented towards public roadways.
5.
Building orientation: The primary entrances of buildings must be oriented towards a public road, if the parcel is adjacent to an existing or planned public road. The primary entrance must include at least one (1) of the following:
a.
Awning, porch, portico, or similar overhang that extends from the primary facade;
b.
Inset from the facade;
c.
A change in roofline above the primary entrance; or
d.
A change in materials surrounding the primary entrance.
6.
Building materials: Building facade materials are limited to wood, brick, stone, decorative block, or other materials with a similar appearance, as determined by the director. No more than thirty percent (30%) of building facades visible from existing or planned public roads may be adorned with decorative block.
7.
Roof Design and Materials: Any roof visible from an adjoining street or property shall be constructed of wood, tile, standing seam metal, heavy-grade architectural fiberglass shingles, slate, or other materials with a similar appearance, durability, and quality. Any flat roofs must incorporate a parapet at least three (3) feet high with a three-dimensional cornice. For buildings with parapet walls, there must be a change in roofline at least once every forty (40) feet. For pitched roofs, there must be a change in roofline, such as a street-facing gable, dormer, or similar feature as determined by the director, at least once every forty (40) feet.
8.
Facade articulation: Building facades greater than sixty (60) feet wide that are oriented towards public or private roads must include wall offsets (projections or recesses in the facade plane) that are at least one (1) foot deep, at least ten (10) feet wide, and spaced no more than forty (40) feet apart. Buildings with a footprint greater than ten thousand (10,000) square feet must be designed to appear like a collection of multiple smaller buildings or storefronts, as determined by the director.
9.
Building transparency: At least twenty-five percent (25%) of the street-facing facade area (building facades facing public or private roads) of the ground-level floor of buildings (as measured from the grade to the underside of the eave, top of the parapet, or the story line denoting the second floor) must be occupied by doorways or transparent windows. Upon request by the property owner or applicant, the Director, may approve modifications to this subsection, provided that other architectural features are incorporated into street-facing facades to add visual interest, and such approval is in writing with justification for the modification.
10.
Fencing: Any chain-link fencing must have a dark vinyl coating rather than a bare galvanized steel finish.
11.
Screening of mechanical equipment: Exterior mechanical equipment, including HVAC equipment, permanent electrical generators, refrigeration equipment and ductwork, backflow prevention devices, and similar features, must be screened as follows:
a.
Roof-mounted mechanical equipment. Mechanical equipment mounted on the roof of a building must be screened by a parapet wall, roof screen, or similar device that is integrated into the building's building form and of a height equal to or greater than the height of the mechanical equipment being screened.
b.
Ground-mounted and wall-mounted mechanical equipment. Mechanical equipment mounted on or near ground-level, or otherwise mounted on the building wall, must be screened by any combination of sight-obscuring dense evergreen vegetation or decorative walls or fences that incorporates at least one (1) of the primary materials or colors of the nearest wall of the primary structure on the lot. The height of the vegetation, wall, or fence shall equal or exceed that of the mechanical equipment being screened.
c.
Director's review. The method of screening will be provided and reviewed with the director's review of the building elevations.
12.
Dumpster enclosures: Commercial containers shall be screened on three (3) sides by durable, sight-obscuring walls constructed of brick, masonry, stone, or similar material, and on the fourth side by a wood or metal gate. The height of the screening walls and gate shall be at least one (1) foot higher than the height of the container. The external sides of walls screening a commercial container shall have a "finished" surface (e.g., textured or painted) and must be landscaped at the base on three (3) sides with evergreen trees or shrubs.
13.
Exterior lighting: Exterior pole-mounted lighting is limited to twenty-five (25) feet in height. Fixtures and poles should have a dark green or black finish and be generally of a traditional design, as determined by the director.
14.
Applicability and modifications: Any of these design standards may be waived by an approved special exception for new construction or buildings in existence prior to the date of adoption of this ordinance undergoing an expansion of twenty-five percent (25%) or more (cumulative total that includes all additions since January 1, 2025). For buildings existing prior to the date of adoption of this ordinance that are not being expanded more than twenty-five percent (25%) but are subject to site plan review, the director may approve modifications to the requirements of this section, and such approval is in writing with justification for the modification.
15.
Signage. All signage for nonresidential uses within this district must comply with the standards within article 5 (site design requirements), division 7 (sign regulations) applicable to the B-1, Neighborhood Business District.
16.
Conceptual plan: The property, including landscaping and other improvements, shall be developed in substantial conformity with a conceptual plan approved by the board as part of the approval of the district. A conceptual plan shall be submitted with each application, and shall include the following information:
a.
The proposed title of the project, the name of the developer, and the name of the preparer of the plan.
b.
The north point, scale, and date. The scale of the sketch plan shall not be more than two hundred (200) feet to one (1) inch.
c.
The boundaries of the property involved; County or town boundaries; property lines; existing streets, buildings, and waterways; areas affected by Chesapeake Bay preservation requirements; and major tree masses.
d.
The general location and character of construction of proposed streets, alleys, driveways, entrances and exits, curb cuts, parking lots, loading areas, and dumpster enclosures.
e.
The locations of all proposed buildings and structures and their anticipated use.
f.
The general locations, heights, and materials of all fences, walls, screen plantings, berms, and landscaping (including any perimeter buffers or thoroughfare buffer that will be provided).
g.
Typical elevations, defining both the style(s) of architecture and materials to be used.
(Ord. No. 24-13, § 1, 3-26-25)
Section 26-54.8. - Special design standards for residential development.
1.
Front-facing garages: Street-facing garage doors on new single-family dwellings, or new additions to existing single-family dwellings, must be set back at least eight (8) feet from the primary front facade and at least twenty (20) feet from the front property line (and corner side property line if located on a corner lot). New detached garages or similar accessory structures with street-facing garage doors must be set back at least eight (8) feet from the primary front facade and at least twenty (20) feet from the property line (and corner side property line if located on a corner lot). Front facade is identified as the edge of the front porch or stoop closest to the road, and if there is no front porch or stoop, the front of the footings of the residence.
2.
Porches or stoops: New single-family dwellings must include a covered porch or stoop on street-facing facades.
3.
Foundations: The visible portion of any exterior foundations for new single-family dwellings must be finished with brick, brick veneer, stone, or stone veneer. Slab foundations must be designed to have an exterior appearance of a crawl space or raised foundations, with brick, brick veneer, stone, or stone veneer extending at least twelve (12) inches above the finished grade.
4.
Signage: All signage for residential uses within this district must comply with the standards within article 5 (site design requirements), division 7 (sign regulations) applicable to the RS, Single-Family Residential District.
5.
Conceptual plan: For all residential subdivisions, at the time of rezoning, a conceptual plan must be provided that meets the requirements set forth in section 26-67(1). The property, including landscaping and other improvements, must be developed in substantial conformity with the conceptual plan approved by the board as part of the approval of the district.
6.
Residential subdivisions: Residential subdivisions created within this district that include four (4) or more lots must adhere to the following:
a.
Maximum size: No residential subdivision may encompass more than twenty-five (25) acres or include more than twenty-five (25) lots.
b.
Open space: At least ten percent (10%) of the acreage within the subdivision must be reserved as common open space conveyed to a homeowners' association, in accordance with the same provisions for ownership and maintenance required within the Single-Family Residential District (section 26-67.4). Open space may include natural areas, passive recreation areas, or active recreation areas. Up to fifty percent (50%) of the area of stormwater management basins can count towards open space requirements, at the discretion of the director, if such areas support passive recreation uses by providing access, gentle slopes (less than 3:1), and pedestrian elements, such as paths and benches. Any strips of open space must be at least twenty-five (25) feet wide to count towards minimum open space requirements.
c.
Pedestrian accommodations: A sidewalk or pedestrian pathway that is paved and at least four (4) feet in width must be located on at least one (1) side of all public streets internal to or adjacent to the subdivision, with such pedestrian accommodations constructed within the right-of-way or an easement adjacent to the right-of-way. Pedestrian accommodations located outside of the right-of-way must be maintained by the homeowners' association.
d.
Street trees: Street trees must be provided at a ratio of one (1) street tree per forty (40) feet of road frontage and spaced no closer than 25 feet apart and no farther than fifty-five (55) feet apart, with such trees located within a street median, within the public right-of-way in accordance with VDOT standards, or in an easement adjacent to the right-of-way to allow maintenance by the homeowners' association.
e.
Thoroughfare buffers: If lots back to major thoroughfares or external roadways, a thoroughfare buffer at least fifty (50) feet in width must be provided. The thoroughfare buffer must be at least fifty (50) feet in width and located adjacent to the public right-of-way, except where there are utility easements adjacent to the public right-of-way, in which case the width of the thoroughfare buffer will be measured from edge of such easement. At a minimum, thoroughfare buffers must include at two (2) large deciduous trees, one (1) small deciduous tree, and one (1) evergreen tree, and four (4) shrubs per one hundred (100) feet of road frontage. Existing healthy vegetation can be used to satisfy this requirement.
Thoroughfare buffers are not required if the lots front on existing roads or have the side/corner lot line fronting existing roadways.
f.
Roads: All lots must have direct access to a public road. If lots access a roadway designated as a major throughfare in the comprehensive plan, shared access must be provided for each two (2) lots that are adjacent to one (1) another and front on such roadway.
(Ord. No. 24-13, § 1, 3-26-25)
Section 26-55.- Purpose of the district.
The purpose of this district is to provide for high-quality residential development while preserving open space through the use of variable density and flexible lot sizing. These districts are located within the designated suburban areas of the county where public utilities make such a district feasible.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-56. - Criteria for review.
Development proposals for this district shall not be approved by the Board, for either the base density or higher densities described below, unless the board finds that the development and density are consistent with the public necessity, convenience, general welfare, and good zoning practice, with the purposes of zoning ordinances set out in Title 15.2 of the Virginia Code, and with the Hanover County Comprehensive Plan; and that the development proposal and amenities are appropriate for the intended density.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-57. - Permitted uses.
A building or land shall be used for the following purposes only:
1.
Dwellings, both detached and attached. No more than four (4) separate dwelling units may be incorporated into any residential structure. In the case of attached units, each unit shall be separated by vertical party walls and each unit shall have a separate exterior entrance.
2.
Facilities and structures necessary for rendering utility service, including poles, wires, transformers, utility cabinets and pedestals, and the like for normal electrical power distribution or communication service, pipelines or conduits for electrical buildings, treatment plants, pumping or regulator stations, substations and power transmission lines which are permitted as conditional uses, and pipelines, conduits and transmission lines located within the suburban service area as depicted on the phased suburban development plan in the county comprehensive plan and used to connect to the public water and sewer system owned by the county.
Where a utility cabinet or pedestal is located above ground and outside the public right-of-way, it shall be (1) located so that it does not interfere with the normal flow of pedestrian and motor vehicle traffic, and (2) screened from view from residences and public rights-of-way with evergreen plant material that is at least the height of the utility cabinet or pedestal. Screening shall not be required for (a) single stand-alone utility cabinets or pedestals that do not exceed four (4) feet in height and do not have a footprint area in excess of six (6) square feet, and (b) a single means of access to a utility cabinet or pedestal, provided the means of access is located so as to minimize visibility of the utility cabinet or pedestal from residences and public rights-of way.
3.
Public and private forests, wildlife reservations, and similar conservation projects.
4.
Telecommunications towers and related facilities that do not exceed fifty (50) feet in height, in accordance with the standards of sections 26-282 through 26-292.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-58. - Permitted accessory uses.
1.
Domestic storage in main building or in an accessory building.
2.
Garage, private.
3.
Home occupations in a main building, in accordance with section 26-279.
4.
Keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use, and not as a business.
5.
Storage of recreational vehicles, utility trailers, boat trailers and similar vehicles, in the driveway for the residence or in the rear yard, in accordance with the following:
a.
The vehicle has displayed thereon valid license plates and a valid inspection decal as required by state law for operation on public highways;
b.
The vehicle is not used for commercial purposes; and
c.
In situations where the vehicle is parked in the driveway, the vehicle is located entirely within the improved area.
For the purposes of this section, the term "driveway" shall mean a single improved roadway (1) which provides access for vehicles from a public or private road to a parking space, garage, or dwelling or which is directly connected to the improved area, and (2) which has received all required approvals from the state department of transportation.
6.
Swimming pool and game courts, lighted or unlighted, and community buildings or clubhouses, for use of residents or their guests.
7.
Signs as regulated in division 7 of article 5.
8.
Temporary buildings, the uses of which are incidental to construction operations during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years of the time of erection of such temporary buildings, whichever is sooner.
9.
Accessory off-street parking and loading spaces. Open or enclosed space for parking one (1) commercial vehicle of not more than one-ton capacity and used by the occupant of a dwelling shall be permitted as accessory.
10.
The location of office or construction trailers for a period not to exceed one (1) year.
11.
Foster home.
12.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-263, unless visually obstructed by existing vegetation or other structures on site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
13.
Family day homes.
14.
Temporary family health care structures, as permitted in section 26-281.
15.
Tier 1 battery energy storage systems.
16.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
17.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
18.
Short-term rental, owner-occupied, in accordance with the standards of section 26-300.1 subsection 1.
19.
Secondary kitchen, in accordance with the standards of section 26-300.2.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-01, § 4, 10-9-13; Ord. No. 15-12, § 8, 11-10-15; Ord. No. 22-08, § 6, 11-9-22; Ord. No. 23-14, § 6, 10-25-23; Ord. No. 24-09, § 8, 1-22-25; Ord. No. 25-12, § 5, 8-27-25)
Section 26-59. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Camps, day or boarding, private or commercial.
2.
Institutions, educational or philanthropic, including museums, art galleries and libraries.
3.
Private clubs.
4.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds.
5.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, substations, and transmission lines not otherwise allowed as a permitted use.
6.
Swimming or tennis club or other recreational facility, private, nonprofit, or commercially operated in accordance with the standards of section 26-299.
7.
Churches, rectories, parish houses, convents and monasteries, temples, and synagogues, or the expansion of any existing church, temple, or synagogue by more than fifty (50) percent of its floor area.
8.
Golf courses, not lighted for night play and not including miniature golf courses, putting greens, driving ranges and similar activities operated as a business, but including a building for a golf shop, locker room, and snack bar as an accessory use to a permitted golf course, providing no such building is located closer than one hundred (100) feet to adjoining property lines. Practice greens and tees may accompany a standard nine-hole or eighteen-hole golf course occupying at least seventy-five (75) acres.
9.
Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, round houses, power houses, interlocking towers, and fueling, sanding and watering stations.
10.
Business or professional office use in an existing residential structure. For any such use, the following standards shall apply:
a.
All required parking shall be located only within the rear yard;
b.
All required parking shall be landscaped in accordance with the provisions of section 26-192;
c.
All required parking shall be screened in accordance with the provisions of section 26-263;
d.
There shall be no outdoor storage of materials or vehicles used in the conduct of business on the site; and
e.
There shall be no more than one (1) detached sign permitted, limited to no more than ten (10) square feet, advertising the business or professional office use. Any such sign shall be lighted internally.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-12, § 9, 11-10-15)
Section 26-60. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Temporary and conditional permits for a period of two (2) years or less for the following uses:
a.
Archery ranges.
b.
Nonaccessory tents for special purposes.
c.
Outdoor displays or promotional activities.
d.
Riding academies, public stables, private stables.
e.
Temporary buildings for use as a sales or rental office for an approved real estate development or subdivision.
2.
Other special use exceptions as follows:
a.
A private garage for more than four (4) automobiles.
b.
Convalescent homes, nursing homes, or homes for the aged.
c.
Day nurseries or child or adult day care centers.
d.
Home occupations in an accessory building, except for home craft shops and retail sales businesses, in accordance with the standards of section 26279.
e.
Agricultural and horticultural uses as follows: nurseries for growing or propagation of plants, trees, and shrubs, cultivation of field crops, and orchards.
f.
Stable, public or private, for recreational use; provided that there shall be housed on the premises no more than one (1) horse or pony for each acre of land.
g.
Telecommunications towers and related facilities that exceed fifty (50) feet but do not exceed one hundred (100) feet in height, in accordance with the standards of sections 26-282 through 26-292.
h.
Assisted living facilities that house nine (9) or more persons, not including caregivers.
i.
Children's residential facilities.
j.
Accessory housing unit in accordance with the standards of section 26-280.
k.
Short-term rentals, non-owner-occupied, or short-term rental, accessory detached, in accordance with the standards of section 26-300.1 subsection 2.
3.
Any structure, other than a telecommunication tower and related facilities, exceeding the maximum height limit, except those structures specified in section 26-248.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-06, § 5, 5-24-23; Ord. No. 24-09, § 9, 1-22-25; Ord. No. 25-10, § 5, 8-27-25)
Section 26-61. - Density; calculation.
The RS District provides for a range of density, to permit flexibility for planning the most appropriate development for a property. The base density shall be one (1) residential unit per full acre. Fractions of any acres shall be rounded down to the whole acre prior to multiplying for density calculation. Density calculations shall be based on the gross acreage for the district, provided that no more than fifty (50) percent of the acreage determined to be in Chesapeake Bay Resource Protection Areas may be included. To be eligible for consideration of density higher than one and one-quarter (1¼) units per acre within the district, a minimum of fifteen (15) percent of the net acreage shall be provided as common space (improved with amenities accessory to residential uses or landscaped) or open space (unimproved natural areas or buffers). For purposes of this district, "net acreage" shall be the total area of the district minus the total of Chesapeake Bay Resource Protection Areas and all slopes of thirty-five (35) percent or greater.
(a)
For densities greater than one (1) unit per acre, but less than or equal to one and one-quarter (1¼) units per acre: if curb and gutter are provided throughout the district, and the application is determined to be consistent in all respects with sections 26-55 and 26-56 above, the Board may approve increased density to a maximum of one and one-quarter (1¼) units/acre.
(b)
For densities greater than one and one-quarter (1¼) unit per acre, but less than or equal to two (2) units per acre: If at least fifteen (15) percent of the net acreage is left in open or common space, and if the following improvements are included in the district, and the application is determined to be consistent in all respects with sections 26-55 and 26-56 above, the Board may approve increased density to a maximum of two (2) units/acre.
(1)
Street trees, planted either:
a.
Within a street median;
b.
Along each side of a street on which houses front on an easement created to permit the owners' association to maintain the street trees in accordance with the requirements of section 26-67 which shall be no less than ten (10) feet wide and designated for such plantings; or
c.
Massed in appropriate locations within common or open space along streets to provide a terminal vista at an intersection.
Trees planted to comply with this standard shall comprise at least three (3) different species appropriate to this area which will cast moderate to full shade in the summer; be long-lived (over sixty (60) years); have a mature height of at least fifty (50) feet; be tolerant of pollution and direct or reflected heat; require little maintenance; and be able to survive two (2) years with no irrigation after establishment. At least one (1) tree, a minimum of two (2) inches in caliper when planted, shall be provided for every fifty (50) feet of street length. No Bradford pear, Norway maple, or female ginkgo trees may be used to comply with this standard. Existing trees which meet the criteria specified in this section may be used to satisfy this requirement. Additional materials, such as ground covers, ornamental grasses, perennials, annuals, and shrubbery, shall be provided. All trees and additional materials shall be described on the conceptual plan.
For purposes of this section, "street length" shall be the total amount of street frontage within the RS, Single-Family Residential District. For those areas where a temporary cul-de-sac or other turnaround is used, the "street length" shall include the entire perimeter of the temporary cul-de-sac or other turnaround.
(2)
Pedestrian paths, providing access to open space and common space and designed to be extended into adjoining developments, both residential and commercial. Paths may be located within the common or open space and placed no closer than ten (10) feet to any side or rear lot line. Open space shall be landscaped between paths and lots, except where the path is located along a lot front.
(c)
For densities greater than two (2) units per acre but less than or equal to three (3) units per acre: If the improvements specified below are provided in addition to the improvements listed in subsection (b) above, and the application is determined to be consistent in all respects with sections 26-55 and 26-56 above, the Board may approve increased density to a maximum of three (3) units/acre.
(1)
An additional five (5) percent of the net acreage set aside as open or common space, for a total of no less than twenty (20) percent.
(2)
Street lights, placed along the existing thoroughfare along which the district fronts at intervals no greater than one hundred (100) feet apart, for a distance of at least one hundred (100) feet in either direction from any entrance intersection constructed within the district. The light poles shall not exceed twenty-five (25) feet in height, and the light source shall be directional and shielded from direct view. The general standard regarding light measurement at the property line (0.5 footcandle) shall not apply.
(d)
For densities greater than three (3) units per acre but less than or equal to four (4) units per acre: If all improvements specified in (b) and (c) above are included, and the additional improvements specified below are provided, and the application is determined to be consistent in all respects with sections 26-55 and 26-56 above, the Board may approve increased density to a maximum of four (4) units/acre.
(1)
An additional five (5) percent of the net acreage set aside as common or open space, for a total of no less than twenty-five (25) percent.
(2)
Single-loaded streets, comprising at least ten (10) percent of the total length of the streets within the district. A "single-loaded street" shall be a street along which only one (1) side has houses, for a length equal to the frontage of no fewer than three (3) lots, fronting common or open space along the other side.
(e)
For districts which are determined to be "in-fill" by the Board, the provision of common space or open space and the additional improvements and amenities listed above shall not be required for densities greater than one (1) unit per acre where:
(1)
The "in-fill" district contains six (6) or fewer lots;
(2)
The overall density of the "in-fill" district does not exceed the density of the adjacent subdivision through which access is obtained; and
(3)
If access to an "in-fill" district is through an existing residential subdivision, the "in-fill" district provides the same amenities as the subdivision through which access is obtained.
For purposes of this section, an "in-fill" district means:
(1)
A district to which there is no access except through an existing public road subdivision zoned other than RS, Single-Family Residential District; or
(2)
A district:
a.
On which a single-family dwelling exists or the property is vacant;
b.
The property was previously zoned industrial or business by an ordinance initiated by the Board; and
c.
Only a single lot is created by the establishment of the "in-fill" district.
Any single-family dwelling in an "in-fill" district constructed after the property is zoned to the RS, Single-Family District, must meet the setback requirements of higher densities set forth in section 26-63.
The provision of public utilities to lots within an "in-fill" district shall only be required when (1) such services are provided in an adjacent residential subdivision and (2) such services are available at the property line for any lot in the "in-fill" district.
(f)
For districts which are determined by the Board to provide adequate and appropriate "workforce housing" the provision of additional open space, single-loaded streets, or street lights described in subsections (b), (c) and (d) shall not be required. In making the determination as to whether adequate and appropriate "workforce housing" has been provided, the Board shall consider the goals set forth in the Hanover County Comprehensive Plan.
(g)
For districts created for the conveyance of lots only to family members pursuant to the provisions of the Subdivision Ordinance regarding Family Divisions:
(1)
The provision of public utilities, common space, open space, street buffer, pedestrian paths, single-loaded streets, and street lights shall not be required.
(2)
The minimum lot size shall be one (1) acre, regardless of the density as calculated in this section.
(3)
The district shall contain no more than four (4) lots.
(4)
Each lot shall front a road which is part of the Virginia System of Highways or shall front upon a private drive or road which is located within an easement or other right-of-way no less than fifty (50) feet in width. Such right-of-way shall remain private and shall include a driveway within it consisting of, at a minimum, an all-weather surface of rock, stone, or gravel. with a minimum depth of one (1) inch and a width of ten (10) feet.
(5)
The creation and use of the lots to be conveyed to family members shall be subject to the provisions of the Subdivision Ordinance applicable to Family Divisions and to the following provisions:
a.
All lots approved as part of the rezoning shall be recorded within one (1) year of the date that the property is rezoned.
b.
The property owner of each lot created within the district shall submit an application for a building permit within one (1) year of the date that the lot is recorded.
c.
The owner of each property in the district shall obtain a certificate of occupancy for a residence within three (3) years of the date the property is rezoned, unless this time period is extended by the Planning Director, for good cause, consistent with the purpose of this section, demonstrated by the applicant.
d.
Any lot created under this section shall be titled in the name of the family member for a period of no less than three (3) years following issuance of the certificate of occupancy unless the lot is the subject of an involuntary transfer such as foreclosure, death, judicial sale, condemnation, or bankruptcy.
e.
The requirements of this section shall be set forth in an agreement which shall include a description of the purpose of the conveyance and identifying the members of the immediate family receiving the lot or lots to be created. This agreement shall be executed by the grantor and grantee of each lot in a form prescribed by the Director. This agreement shall be recorded in the Hanover County Circuit Court clerk's office at the same time that the plat required by the provisions of the Subdivision Ordinance applicable to Family Divisions is recorded.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-13, § 1, 11-10-15; Ord. No. 15-16, § 1, 2-24-16; Ord. No. 20-10, § 1, 7-22-20; Ord. No. 24-01, § 1, 5-22-24)
Section 26-62. - Lot area requirements.
1.
Detached dwellings: The minimum lot size per unit in a District for which development at a density of less than two (2) units per acre has been approved by the Board of Supervisors shall be twenty thousand (20,000) square feet. There shall be no minimum size when development at a higher density has been approved by the Board of Supervisors, or when development approved by the Board of Supervisors incorporates improvements in accordance with the provisions of section 26-61, regardless of density.
2.
All other structures: All other uses and structures permitted in this district shall comply with the lot area requirements specified in the A-1, Agricultural District or with the requirements specified elsewhere within this Zoning Ordinance.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-63. - Yard requirements.
Notes:
1.
When detached garages are constructed in the rear yard on any lot in a district where the density exceeds one (1) and one-quarter (1¼) unit per acre, and access is provided through use of an alley, there shall be no minimum side yard. The minimum rear yard shall be five (5) feet.
2.
All other structures and uses shall meet the requirements specified in the A-1, agricultural district, or as otherwise specified in the zoning ordinance.
3.
Corner lots shall provide the required front yard setback from all property lines contiguous with a public road.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-12, § 10, 11-10-15)
Section 26-64. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right: shall not exceed fifty (50) feet.
b.
Permitted with a special exception: shall not exceed one hundred (100) feet.
2.
Structures not specifically exempted in section 26-248 shall not exceed a height of three (3) stories or forty-five (45) feet, whichever is less.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-65. - Public utilities to be provided.
All development within an RS District shall be served by public water and sewer systems, except for Family Divisions, as provided in section 26-61(g), and as provided for in section 26-61(e).
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-16, § 2, 2-24-16; Ord. No. 24-01, § 2, 5-22-24)
Section 26-66. - Street buffers.
Street buffers shall be designed and maintained in accordance with the following:
1.
A buffer no less than fifty feet (50') in width shall be required along the frontage on any existing or planned road designated as a "Major Thoroughfare" on the Hanover County Major Thoroughfare Plan;
2.
A buffer no less than twenty-five feet (25') in width shall be required along the frontage of all other existing public roads;
3.
All required buffers shall be measured from the ultimate right-of-way in accordance with the major thoroughfare plan. In instances in which the property does not have frontage on a designated Major Thoroughfare, the buffer shall be measured twenty-five feet (25') from the centerline of the road.
4.
All buffers shall retain healthy and mature vegetation where practical. Where necessary, the buffer shall also be supplemented with a combination of trees, shrubs, or berms. If a berm is to be utilized it shall be a landscaped sculpted, non-linear undulating landform with an average height of three (3) feet. The landform shall be landscaped with low maintenance vegetation. The buffer shall not be used to provide more than fifty percent (50%) of the required common area, or more than twenty-five percent (25%) of the active recreation area.
5.
Pedestrian paths shall be provided within the required buffer along public roads. The paths shall be constructed of permanent materials such as concrete, asphalt, brick, pavers, or other materials which are substantially similar, and shall be no less than four (4) feet in width. The paths shall be constructed from property line to property line and shall be designed to permit extension onto adjoining properties. Where paths intersect with public roads, the path shall be designed to Virginia Department of Transportation standards and specifications. Paths constructed within highway rights-of-way may be used to satisfy these requirements provided the paths are designed to so they may be maintained by the Virginia Department of Transportation. Where curb and gutter are used, the path shall be separated from the back of the curb by a distance of no less than four feet (4'). Where curb and gutter are not used, the path shall be placed completely behind the ditch and its associated side slopes, but in no case by a distance of less than four feet (4'). Sidewalks shall be located and constructed so as not to impede the flow of surface drainage from adjacent sites to the ditch system.
6.
No buffer shall be located on an individual residential building lot.
7
All buffers shall be measured from the ultimate right-of-way for the street or Major Thoroughfare upon which they are located.
8.
The developer shall,
a.
at its expense, install all required street buffers and related improvements identified on the approved plans prior to recordation of the section within which those improvements are to be constructed, or
b.
at the time of recordation, comply with the requirements of section 26-68.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-67. - Development standards and procedures.
The following requirements and procedures shall apply within the RS District.
1.
Conceptual plan. The property shall be developed and improvements including landscaping installed in substantial conformity with a conceptual plan (the "plan") approved by the Board as part of the approval of the district. The conceptual plan may be designated as the preliminary subdivision plat for the property. Features designated on the plan for preservation shall be maintained in the condition existing on the date of the rezoning, to the extent practicable. The plan shall be submitted with each application for rezoning for a density higher than one and one-quarter (1¼) units per acre, and shall include the following information:
a.
The proposed title of the project and the name of the engineer, architect, designer, or landscape architect, and the owner or developer.
b.
The northpoint, scale, and date. Plans for proposed districts of less than one hundred (100) acres shall be drawn to a scale of not less than 1":200', and shall include the area within one thousand (1,000) feet of the boundary of the proposed district. For proposed districts of one hundred (100) acres or more, the scale shall be not less than 1":400', and shall include the area within two thousand (2,000) feet of the proposed district.
c.
Zoning and zoning district boundaries, both existing and proposed.
d.
Vicinity sketch, at a scale no greater than 1":2000'.
e.
Designation of areas of common or open space, with a description of proposed improvements and landscaping where appropriate, and active and passive recreation areas.
f.
Proposed lot lines.
g.
Topography, at an interval of two (2) feet.
h.
General location of proposed structures, with designation of the type(s) of housing proposed (detached dwellings, attached dwellings, or both). If attached, the number of units in each structure within the district shall be shown. Proposed elevations for all structures shall be provided.
i.
Public and private roads and trails, utility and other easements and rights-of-way, pedestrian paths, public land, land protected under conservation easements, buildings, utilities, drainage ditches, and other man-made improvements.
j.
Aquifer recharge areas, based on available published information (from USGS maps or other sources approved by the county).
k.
The location of ponds, streams, and natural drainage swales, mapped dam break inundation zones, and one hundred-year floodplains, as well as all resource protection areas as defined under the Chesapeake Bay Preservation requirements and slopes of thirty-five (35) percent or greater.
l.
Locations of all historic structures, features, and sites on the tract, such as, but not limited to, those identified in the Hanover County Historic Site Survey (including those on any contiguous tract), abandoned roads, cemeteries, and military earthworks. All features to be preserved shall be shown and so noted on the plan.
m.
Location and description of all proposed improvements, including those required in the District, and pedestrian paths, landscaping and entrance features. The descriptions shall include, in the case of structures, elevations with specification of materials, height and other dimensions. There shall be a depiction of pedestrian paths, including a cross-section with dimension and specification of materials.
n.
Existing natural features on the property, including tree masses, based on available published information (from County GIS maps or other sources approved by the County), and a depiction of any proposed alterations.
2.
Open and common space areas. When a proposed district includes the creation of open or common space, the minimum areas required in the district shall be provided based on the requested density for the district to be created. The remainder of the district shall be development area, in which the residential lots are to be located. Open or common space areas shall also incorporate all lands deducted from the gross acreage to determine net acreage (Chesapeake Bay Resource Protection Areas, using the actual boundaries of resource protection areas, and slopes of thirty-five (35) percent or greater), but the acreage of these areas shall not be included in the minimum acreage requirements for common or open space areas.
3.
Conceptual plan; standards for review. The conceptual plan shall provide for adherence to the following standards:
a.
The open and common space areas shall be directly accessible to the largest practicable number of lots within the district. Non-adjoining lots shall be provided with safe and convenient pedestrian access to neighborhood common and open space.
b.
The common and open space areas shall be suitable for recreational uses, either active or passive, without interfering with adjacent dwelling units, parking, driveways, and roads.
c.
The open and common space areas shall be undivided by public or private roads, except where necessary for proper traffic circulation.
d.
Open space areas shall be left in their natural state to the maximum practicable extent, unless located to provide a screening buffer from adjoining property and roadways. Pedestrian paths may be located within the open space, including the buffer areas.
e.
Historic features other than structures, when identified on the property, shall be incorporated into the open space areas and a preservation plan shall be provided for protection and maintenance of the features. If approved by the board, historic structures may be included in common space for use by the homeowners or may be located on a residential lot for conveyance and use as a residence.
f.
Streets shall generally be designed to minimize the area within the project devoted to vehicular travel; calm traffic speeds; promote pedestrian movement; and terminate in views of open or common space or other appropriate vista.
4.
Ownership and maintenance.
a.
Prior to or contemporaneous with final subdivision approval for any property within an RS District, applicants shall record documents which create an owners' association, convey all common and open space areas to the association and require that the association maintain all open space, common areas and amenities, including recreation facilities, street lights, street trees, alleys, and pedestrian paths, with mandatory membership of all lot owners and authority for the association to assess fees and impose liens on members' property for the cost of maintenance of those areas; provided that alternate arrangements for the open space may be approved by the Board, as described below.
b.
Unless alternate arrangements are approved by the Board, prior to or contemporaneous with final subdivision approval for any property within an RS District, applicants shall record documents conveying open space easements applicable to the common and open space, to the county, with content approved by the county, requiring preservation of features so designated on the plan, requiring maintenance in perpetuity of the common and open space, prohibiting further division of those areas, and prohibiting any use not permitted by the Zoning Ordinance.
c.
The Board may approve conveyance of the open space and any open space easement to a qualifying nonprofit or governmental entity other than the owners' association or the county, upon a finding:
i.
That such a conveyance will achieve purposes of open space or historic preservation consistent with the character of the RS District;
ii.
That the conveyance will be beneficial to the future owners within the district and to the public; and
iii.
That the purposes and resources of the entity and the proposed conveyance are consistent with the perpetual preservation of the open space and significant features.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-68. - Surety for installation of required improvements.
(a)
If the developer chooses not to complete the improvements required in section 26-61(b) and section 26-66 prior to recordation of the subdivision or section of a subdivision, the developer shall enter into an agreement providing for the installation of the improvements and post surety in an amount sufficient to install the remaining improvements. The surety shall be in the form of a letter of credit, certified check or cash escrow. The form of the agreement and the surety shall be approved by the county attorney.
(b)
The improvements identified in section 26-61(b) and section 26-66 may be completed at any time at or after recordation of a subdivision (or section of a subdivision) and improvements on a particular lot shall be completed prior to the issuance of a certificate of occupancy for that lot. Hanover County will perform inspections in accordance with the following schedule:
(1)
For subdivisions, or a section of a subdivision, that contain thirty (30) or more lots, prior to issuance of certificates of occupancy for the final six (6) lots within the subdivision or section;
(2)
For subdivisions, or a section of a subdivision, that contain fewer than thirty (30) lots but more than nine (9) lots, prior to issuance of certificates of occupancy for eighty (80) percent of the lots within the subdivision or section; and
(3)
For subdivisions, or a section of a subdivision, that contain nine (9) or fewer lots (other than those determined by the board to be "in-fill" development in accordance with section 26-61(e)), prior to issuance of a certificate of occupancy for the final lot within the subdivision or section.
When determining the number of certificates of occupancy that may be issued prior to the completion of improvements within a section or subdivision, any fractional portion of lots that result as part of the percentage calculation shall be disregarded.
On any lots that have not been issued a certificate of occupancy at the time of inspection, the developer will have six (6) months to complete the zoning improvements.
(c)
Notwithstanding the inspection schedule described above:
(1)
In subdivisions or sections of subdivisions with fewer than fifty (50) lots, all zoning improvements must be completed within twenty-four (24) months of recordation of the subdivision plat, and
(2)
In subdivisions or sections of subdivisions with fifty (50) lots or more, all zoning improvements must be completed within thirty-six (36) months of recordation of the subdivision plat.
Should the developer fail to complete the necessary improvements, (1) the subdivision will be deemed to be in default of the zoning performance agreement and the county will undertake necessary efforts to enforce the zoning performance agreement, and (2) no additional building permits for the subdivision or any section of the subdivision shall be issued until such time as the required zoning improvements have been installed, inspected, and accepted by Hanover County.
(d)
Extensions of time-Generally. Extensions of time for the completion, approval and acceptance of all required improvements may be granted as follows:
(1)
Following the initial term of the performance agreement, the director may grant one (1) three-month extension;
(2)
Any additional extension shall be approved by the Planning Commission. In acting on the request for an extension, the Planning Commission shall indicate the length of the extension and the conditions, if any, of approval.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-13, § 2, 11-10-15; Ord. No. 22-07, § 1, 3-22-23)
Section 26-69.- Purpose of the district.
The purpose of this district is to provide for higher density residential development and supporting amenities while preserving open space through the use of variable density and flexible lot sizing design standards. These districts are located within the designated suburban areas of the county where public utilities make such a district feasible.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-70. - Permitted uses.
A building or land shall be used for the following purposes only:
1.
Dwellings, including detached, attached, and multiple-family.
2.
Facilities and structures necessary for rendering utility service, including poles, wires, transformers, utility cabinets and pedestals, and the like for normal electrical power distribution or communication service, pipelines or conduits for electrical buildings, treatment plants, pumping or regulator stations, substations and power transmission lines which are permitted as conditional uses, and pipelines, conduits and transmission lines located within the Suburban Service Area as depicted on the Phased Suburban Development Plan in the Hanover County Comprehensive Plan and used to connect to the public water and sewer system owned by the County.
Where a utility cabinet or pedestal is located above ground and outside the public right-of-way, it shall be (1) located so that it does not interfere with the normal flow of pedestrian and motor vehicle traffic, and (2) screened from view from residences and public rights-of-way with evergreen plant material that is at least the height of the utility cabinet or pedestal. Screening shall not be required for (a) single stand-alone utility cabinets or pedestals that do not exceed four (4) feet in height and do not have a footprint area in excess of six (6) square feet, and (b) a single means of access to a utility cabinet or pedestal, provided the means of access is located so as to minimize visibility of the utility cabinet or pedestal from residences and public rights-of way.
3.
Telecommunications towers and related facilities that do not exceed sixty (60) feet in height, in accordance with the standards of sections 26-282 through 26-292.
4.
Assisted living facilities that house eight (8) or fewer persons, not including caregivers.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-71. - Permitted accessory uses.
1.
Domestic storage in main building or in an accessory building.
2.
Garage, private.
3.
Garage, located in central parking areas, for use by residents.
4.
Home occupations in a main building, except for retail sales businesses, in accordance with the standards of section 26-279.
5.
Keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use, and not as a business.
6.
Storage of recreational vehicles, utility trailers, boat trailers, and similar vehicles, in (i) parking areas specifically designated and designed for such use, and (ii) where driveways are used, in the driveway for the residence or in the rear yard, in accordance with the following:
a.
The vehicle has displayed thereon valid license plates and a valid inspection decal as required by state law for operation on public highways;
b.
The vehicle is not used for commercial purposes; and
c.
In situations where the vehicle is parked in the driveway, the vehicle is located entirely within the improved area.
For the purposes of this section, the term "driveway" shall mean a single improved roadway (1) which provides access for vehicles from a public or private road to a parking space, garage, or dwelling or which is directly connected to the improved area, and (2) which has received all required approvals from the state department of transportation.
7.
Golf courses, accessory to dwellings in the district.
8.
Active and passive recreation facilities for the exclusive use of the homeowners and their guests.
9.
Signs as regulated in division 7 of article 5.
10.
Temporary buildings, the uses of which are incidental to construction operations during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years of the time of erection of such temporary buildings, whichever is sooner.
11.
Accessory off-street parking and loading spaces. Open or enclosed space for parking one (1) commercial vehicle of not more than one-ton capacity and used by the occupant of a dwelling shall be permitted as accessory.
12.
The location of office or construction trailers for a period not to exceed one (1) year.
13.
Foster home.
14.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-263, unless visually obstructed by existing vegetation or other structures on site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
15.
Family day homes.
16.
Temporary family health care structures, as permitted in section 26-281.
17.
Tier 1 battery energy storage systems.
18.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
19.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-01, § 5, 10-9-13; Ord. No. 15-12, § 11, 11-10-15; Ord. No. 22-08, § 7, 11-9-22; Ord. No. 23-14, § 7, 10-25-23)
Section 26-72. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Private clubs accessory to planned residential development.
2.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds.
3.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, substations, and transmission lines not otherwise allowed as a permitted use.
4.
Churches, rectories, parish houses, convents and monasteries, temples, and synagogues, or the expansion of any existing church, temple, or synagogue by more than fifty (50) percent of its floor area.
5.
Manufactured home communities.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-73. - Special exceptions.
The following uses may be permitted as special exceptions:
(a)
Special exceptions for a period of two (2) years or less for the following uses:
1.
Non-accessory tents for special purposes.
2.
Outdoor displays or promotional activities.
3.
Temporary buildings for use as a sales or rental office for an approved real estate development or subdivision.
(b)
Other special exceptions as follows:
1.
Home occupations in an accessory building, except for home craft shops and retail sales businesses, in accordance with the standards of section 26-279..
2.
Telecommunications towers and related facilities that exceed sixty (60) feet but do not exceed one hundred (100) feet in height, in accordance with the standards of sections 26-282 through 26-292.
3.
Any structure, other than a telecommunication tower and related facilities, exceeding the maximum height limit, except those structures specified in section 26-248.
4.
Assisted living facilities that house four or more persons, not including caregivers.
5.
Children's residential facilities.
6.
Accessory housing unit in accordance with the standards of section 26-280.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-06, § 6, 5-24-23)
Section 26-74. - Density; calculation.
The RM District provides for a range of density to permit flexibility for planning the most appropriate development for a property. The minimum density shall be four (4) residential units per acre. Fractions of any units resulting from the density calculation shall be rounded down to the whole unit. Density calculations shall be based on the gross acreage for the district, provided that no more than fifty (50) percent of the acreage determined to be in Chesapeake Bay Resource Protection Areas may be included.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-75. - Common area and active recreation area; calculation.
The minimum common area required shall be provided based on the requested density. The remainder shall be development area in which the residential lots are to be located. Common area shall also incorporate all lands deducted from gross acreage to determine net acreage; however, the acreage of these areas shall not be included in the minimum acreage requirements for common area. At least 25% of the required common area shall be improved with active recreation areas. Internal roads, drive aisles, landscaping aisles, or parking spaces shall not be included within the common area.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-76. - Common area credits.
If the district is part of a larger, master planned community in which multiple residential districts are to be located, common area in another district within the master planned community may be used to satisfy the common area requirements of the RM district provided:
1.
The common area, or portion thereof, to be used as credit is in excess of the requirements for the district in which it is located;
2.
The portion of the common area to be used for credit shall not contain Chesapeake Bay Resource Protection Areas or steep slopes;
3.
The portion of the common area to be used for credit shall not comprise more than 25% of the required common area within the RM district;
4.
The portion of the common area to be used for credit shall be designed and located such that it is conveniently located and accessible to residents within the RM district; and
5.
The portion of the Common Area to be used for credit shall be constructed or bonded prior to site plan or construction plan approval for the area in which the credit is to be utilized.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-77. - Design standards.
(a)
Street buffers. Street buffers shall be designed and maintained in accordance with the following:
(1)
A buffer no less than fifty (50) feet in width shall be required along the frontage on any existing or planned road designated as a "Major Thoroughfare" on the Hanover County Major Thoroughfare Plan;
(2)
A buffer no less than twenty-five (25) feet in width shall be required along the frontage of all other existing public roads;
(3)
All buffers shall retain healthy and mature vegetation where practical. Where necessary, the buffer shall also be supplemented with a combination of trees, shrubs, or berms. If a berm is to be utilized it shall be a landscaped sculpted, non-linear undulating landform with an average height of three (3) feet. The landform shall be landscaped with low maintenance vegetation. The buffer shall be not be used to provide more than fifty (50) percent of the required common area, or more than twenty-five (25) percent of the active recreation area.
(4)
Pedestrian paths shall be provided within the required buffer along public roads. The paths shall be constructed of permanent materials such as concrete, asphalt, brick, pavers, or other materials which are substantially similar, and shall be no less than four (4) feet in width. The paths shall be constructed from property line to property line and shall be designed to permit extension onto adjoining properties. Where paths intersect with public roads, the path shall be designed to state department of transportation standards and specifications. Paths constructed within highway rights-of-way may be used to satisfy these requirements provided the paths are designed to so they may be maintained by the state department of transportation. The path shall be separated from the back of the curb by a distance of no less than four (4) feet.
(5)
No buffer shall be located on an individual residential building lot.
(6)
All buffers shall be measured from the ultimate right-of-way for the street or major thoroughfare upon which they are located.
(b)
Curb and gutter shall be provided throughout the district.
(c)
Street trees.
(1)
Street trees shall be planted as follows:
a.
Within a street median;
b.
Along each side of a street on which houses front (i) in an easement created to permit the owners' association to maintain the street trees in accordance with the requirements of section 26-84 which shall be no less than ten (10) feet wide and designated for such plantings, or (ii) within the right-of-way, if approved by the state department of transportation, provided there is provision for the right-of-way and pedestrian paths to encompass an area no less than ten (10) feet from the curb; or
c.
Massed in appropriate locations within common space along streets to provide a terminal vista at an intersection.
(2)
Trees planted to comply with this standard shall comprise at least three (3) different species appropriate to this area which will cast moderate to full shade in the summer; be long-lived; be tolerant of pollution and direct or reflected heat; require little maintenance; and be able to survive two (2) years with no irrigation after establishment. At least one (1) tree, a minimum of two (2) inches in caliper when planted, shall be provided for every fifty (50) feet of street length. No Bradford pear, Norway maple, or female ginkgo trees may be used to comply with this standard. Existing trees which meet the criteria specified in this section may be used to satisfy this requirement. Additional materials, such as ground covers, ornamental grasses, perennials, annuals, and shrubbery, shall be provided. All trees and additional materials shall be described on the conceptual plan.
(d)
Pedestrian paths shall be provided throughout the district, providing access to common area and designed to be extended into all adjoining residential and commercial developments. Paths may be located within the common area and placed no closer than five (5) feet to any side or rear lot line. Common area shall be landscaped between paths and lots, except where the path is located along a lot front. Only the area of the path, and any associated exercise equipment or amenities such as picnic areas and playgrounds may be counted towards active recreation area. The paths shall be constructed of permanent materials such as pervious concrete, asphalt, brick, pavers, or other materials which are substantially similar, and shall be no less than four (4) feet in width, except where such paths cross Chesapeake Bay Resource Protection Area wetlands.
(e)
Entrance lighting for vehicles shall be provided on one (1) or both corners at all intersections of external thoroughfares and roads (whether public or privately maintained) within the district. Lights shall be designed and mounted in compliance with all applicable regulations of the state department of transportation. If the lighting cannot be constructed within the right-of-way, it shall be constructed within common area.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-13, § 3, 11-10-15)
Section 26-78. - Installation of required street buffers, street trees, pedestrian paths and street lights.
(a)
The developer shall:
(1)
At its expense, install all required street buffers, street trees, pedestrian paths, street lights and related improvements identified on the approved plans prior to recordation of the section within which those improvements are to be constructed, or
(2)
At the time of recordation, enter into an agreement providing for the installation of the improvements and post surety in an amount sufficient to install the remaining improvements. The surety shall be in the form of a letter of credit, certified check or cash escrow. The form of the agreement and the surety shall be approved by the county attorney.
(b)
The improvements identified in subsection (a) may be completed at any time at or after recordation of a subdivision (or section of a subdivision) and improvements on a particular lot shall be completed prior to the issuance of a certificate of occupancy for that lot. Hanover County will perform inspections in accordance with the following schedule:
(1)
For subdivisions, or a section of a subdivision, that contain thirty (30) or more lots, prior to issuance of certificates of occupancy for eighty (80) percent of the lots within the subdivision or section;
(2)
For subdivisions, or a section of a subdivision, that contain fewer than thirty (30) lots but more than nine (9) lots, prior to issuance of certificates of occupancy for eighty (80) percent of the lots within the subdivision or section; and
(3)
For subdivisions, or a section of a subdivision, that contain nine (9) or fewer lots, prior to issuance of certificate of occupancy for the final lot within the subdivision or section.
When determining the number of certificates of occupancy that may be issued prior to the completion of improvements within a section or subdivision, any fractional portion of lots that result as part of the percentage calculation shall be disregarded.
On any lots that have not been issued a certificate of occupancy at the time of inspection, the developer will have six (6) months to complete the zoning improvements.
(c)
Notwithstanding the inspection schedule described above:
(1)
In subdivisions or sections of subdivisions with fewer than fifty (50) lots, all zoning improvements must be completed within twenty-four (24) months of recordation of the subdivision plat, and
(2)
In subdivisions or sections of subdivisions with fifty (50) lots or more, all zoning improvements must be completed within thirty-six (36) months of recordation of the subdivision plat.
Should the developer fail to complete the necessary improvements, (1) the subdivision or section of subdivision will be deemed to be in default of the zoning performance agreement and the county will undertake necessary efforts to enforce the zoning performance agreement, and (2) no additional building permits for the subdivision or section of subdivision shall be issued until such time as the required zoning improvements have been installed, inspected, and accepted by Hanover County.
(d)
Extensions of time-Generally. Extensions of time for the completion, approval and acceptance of all required improvements may be granted as follows:
(1)
Following the initial term of the performance agreement, the director may grant one (1) three-month extension;
(2)
Any additional extension shall be approved by the Planning Commission. In acting on the request for an extension, the Planning Commission shall indicate the length of the extension and the conditions, if any, of approval.
(e)
Required street trees and all other landscaping required by this section shall be guaranteed by the developer or installer for a period of not less than one-year. Street trees shall not be removed during or after residences are constructed. Trees removed shall be replaced with a like species and in a size comparable to the original planting; an alternative species may be used if approved by the director.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-13, § 4, 11-10-15; Ord. No. 22-07, § 1, 3-22-23)
Section 26-79. - Lot area requirements.
There shall be no minimum lot size in the RM district.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-80. - Yard requirements.
1.
Single-family dwellings, detached: The minimum front yard setback for all structures shall be fifteen (15) feet from the internal roads designed to state standards. No dwelling shall have frontage on an existing external state-maintained highway. Corner lots shall provide the required front yard setback from all property lines contiguous with a road designed to state standards.
2.
Single-family dwellings, attached: The minimum setback for all structures shall be fifteen (15) feet from the internal roads designed to state standards. No dwelling shall have frontage on an existing external state-maintained highway.
3.
Multifamily dwellings: The minimum setback for all structures shall be fifty (50) feet from existing external state-maintained highways. There shall be a twenty-five-foot setback from internal roads designed to state standards.
4.
There shall be no minimum setback from any internal private road or drive aisle; however, the provisions of section 26-76 shall apply.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-81. - Height restrictions.
1.
Telecommunications towers and related facilities:
a.
Permitted by right: shall not exceed sixty (60) feet.
b.
Permitted with a special exception: shall not exceed one hundred (100) feet.
2
Structures not specifically exempted in section 26-248 shall not exceed a height of five (5) stories or sixty (60) feet, whichever is less.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-82. - Public utilities to be provided.
All development shall be served by public water and sewer systems.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-83. - Parking.
Required parking shall be provided on individual lots; however, for districts where roads are privately maintained, parking spaces may be provided either on individual lots or in areas adjacent to the internal private road network. Driveways located on individual lots shall be designed to prevent parked vehicles from encroaching into pedestrian paths, sidewalks, the public right-of-way, or private easements.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-84. - Development standards and procedures.
1.
Conceptual plan. The property shall be developed, and improvements including landscaping installed, in substantial conformity with a conceptual plan (the "plan") approved by the Board as part of the approval of the district. The conceptual plan may be designated as the preliminary subdivision plat for the property if it satisfies the requirements of Section 25-25 of the Subdivision Ordinance. Features designated on the plan for preservation shall be maintained in the condition existing on the date of the rezoning, to the extent practicable. The plan shall include the following information:
a.
The proposed title of the project and the names of the engineer, architect, designer, or landscape architect, and the owner and developer.
b.
The northpoint, scale, and date. Plans for proposed districts of less than one hundred (100) acres shall be drawn to a scale of not less than 1:200″, and shall include the area within one thousand (1,000) feet of the boundary of the proposed district. For proposed districts of one hundred (100) acres or more, the scale shall be not less than 1:400″, and shall include the area within two thousand (2,000) feet of the proposed district.
c.
Zoning and zoning district boundaries, both existing and proposed.
d.
Vicinity sketch, at a scale no greater than 1:2000″.
e.
Designation of common area with a description of proposed improvements and landscaping where appropriate, and active and passive recreation areas.
f.
Proposed lot lines.
g.
Topography, at an interval of two (2) feet.
h.
General location of proposed structures, with designation of the type(s) of housing proposed (detached dwellings, attached dwellings, or both). If attached, the number of units in each structure within the district shall be shown. Proposed elevations for all structures shall be provided.
i.
Public and private roads and trails, utility and other easements and rights-of-way, pedestrian paths, public land, land protected under conservation easements, buildings, utilities, drainage ditches, and other man-made improvements.
j.
Aquifer recharge areas, based on available published information (from USGS maps or other sources approved by the county).
k.
The location of ponds, streams, and natural drainage swales, mapped dam break inundation zones, and one hundred-year floodplains, as well as all resource protection areas as defined under the Chesapeake Bay Preservation requirements and steep slopes.
l.
Locations of all historic structures, features, and sites on the tract, such as, but not limited to, those identified in the Hanover County Historic Site Survey (including those on any contiguous tract), abandoned roads, cemeteries, and military earthworks. All features to be preserved shall be shown and so noted on the plan.
m.
Location and description of all proposed improvements, including those required in the District, and pedestrian paths, and entrance features. The descriptions shall include, in the case of structures, elevations with specification of materials, height and other dimensions. There shall be a depiction of pedestrian paths, including a cross-section with dimension and specification of materials.
n.
Typical landscaping plans for the buffers, common area, and parking lots. The typical section(s) shall identify plant type and size at time of planting as well as existing vegetation which is to remain.
o.
Details of the berms to include location, cross sections, and profiles.
p.
Existing natural features on the property, including tree masses, based on available published information (from county GIS maps or other sources approved by the county), and a depiction of any proposed alterations.
q.
Where individual lots are not being created for each residential unit, site plan review shall be required as set forth in division 2 of Article 6.
2.
Common Area. The plan shall provide for adherence to the following standards:
a.
The common area shall be directly accessible to the largest practicable number of lots within the district. Non-adjoining lots shall be provided with safe and convenient pedestrian access to neighborhood common area.
b.
The common areas shall be suitable for recreational uses, either active or passive, without interfering with adjacent dwelling units, parking, driveways, and roads.
c.
Historic features other than structures, when identified on the property, shall be incorporated into the common area and a preservation plan shall be provided for protection and maintenance of the features. If approved by the board, historic structures may be included in common space for use by the homeowners or may be located on a residential lot for conveyance and use as a residence.
d.
Streets shall generally be designed to minimize the area within the project devoted to vehicular travel, calm traffic speeds, promote pedestrian movement, and terminate in views of common area or other appropriate vista.
e.
Ownership and maintenance.
Prior to or contemporaneous with final subdivision plat recordation for any property within an RM District, applicants shall record documents which create an owners' association, convey all common areas to the association at the time of recordation, require that the association maintain all common area and amenities, including recreation facilities, street lights, street trees, alleys, and pedestrian paths, with mandatory membership of all lot owners and authority for the association to assess fees and impose liens on members' property for the cost of maintenance of those areas; provided that alternate arrangements for the open space may be approved by the Board, as described below. The record plat shall show all areas to be conveyed to the owners association within the section or block to be recorded.
Unless alternate arrangements are approved by the Board, prior to or contemporaneous with final subdivision approval for any property within an RM District, applicants shall record documents conveying open space easements applicable to the common area, to the county, with content approved by the county, requiring preservation of features so designated on the plan, requiring maintenance in perpetuity of the common area, prohibiting further division of those areas, and prohibiting any use not permitted by the Zoning Ordinance.
The Board may approve conveyance of the common area any applicable easement to a qualifying nonprofit or governmental entity other than the owners' association or the county, upon a finding:
1.
That such a conveyance will achieve purposes of open space or historic preservation consistent with the character of the RM District;
2.
That the conveyance will be beneficial to the future owners within the district and to the public; and
3.
That the purposes and resources of the entity and the proposed conveyance are consistent with the perpetual preservation of the common area and significant features.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-85. - Streets and roads.
Streets or roads within the district that serve detached housing and all through roads shall be public. Streets, drive aisles, parking lots, and roads within the district that serve attached housing, multi-family structures, condominiums and all other permitted uses may be public or private. The design for all private streets shall be included as part of the conceptual plan and reviewed at the time of district approval. All streets and roads that provide access to properties outside the district shall be built to public road standards.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-86.- Purpose of the district.
The purpose of this district is to encourage large-scale developments as a means of creating a quality living environment, including walkability, through unified planning and building operations, to encourage variety and affordability in housing, including housing for the workforce, to encourage provision of well-located community facilities, to protect unique and valuable landscape or natural features, to encourage preservation and more efficient use of open space, and to offer an opportunity for design flexibility and innovations which may result in improved relationships between land uses of different types and between land uses and transportation facilities, while protecting existing and future development and achieving the goals of the comprehensive plan. MX Mixed Use Districts may be located within the suburban service area as depicted on the general land use plan in the county comprehensive plan only in areas designated as Planned Business, Commercial, Suburban High Multi-family, Mixed-Use and Multi-Use.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-13, § 1, 11-26-13)
Section 26-87. - Permitted uses.
(a)
Permitted residential uses:
1.
Attached and detached single-family dwellings; multiple-family dwellings; and multiple-use structures.
2.
Any permitted use or accessory use specified in the RS, Residential Single-Family District.
(b)
Permitted commercial uses:
Any permitted use or accessory use specified in the B-O, Business Office District, and the B-1, Neighborhood Business District, except for telecommunications towers and related facilities, which shall be governed by the provisions of subsection (d), below.
(c)
Permitted industrial uses:
Any permitted use or accessory use specified in the M-1, Limited Industrial District, except for telecommunications towers and related facilities, which shall be governed by the provisions of subsection g, below.
(d)
Telecommunications towers and related facilities that do not exceed fifty (50) feet in height.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-87.1. - Permitted accessory uses.
1.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
2.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
(Ord. No. 23-14, § 8, 10-25-23)
Section 26-88. - Conditional uses
The following uses may be permitted as conditional uses:
1.
Any conditional use listed in the RS, Residential Single-Family District, the B-1, Neighborhood Business District, or the M-1, Limited Industrial District.
2.
Any permitted or conditional use listed in the B-2, General Business District.
3.
Telecommunications towers and related facilities that exceed one hundred forty (140) feet in height and temporary telecommunications towers and related facilities of any height.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-89. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Any special exception use listed in the B-1, Neighborhood Business District.
2.
Telecommunications towers and related facilities that exceed fifty (50) feet but do not exceed one hundred forty (140) feet in height.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-90. - Application of the district.
To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, the Mixed Use Community District is created as a separate district exclusive of other districts contained in these regulations. The housing types, minimum lot requirements, maximum height, minimum yard requirements, and accessory uses and accessory signs shall be determined by the requirements and procedures set forth in this division, which shall prevail over conflicting requirements of these regulations or ordinances governing the subdivision of land. The MX District is intended to provide incentives for the development of parcels to which public utilities are readily available, either as individual properties or through the assemblage of smaller parcels into a larger tract. In addition, the district provides for unified and cohesive development of large tracts of land into active, distinctive, and pedestrian-friendly environments comprising of discrete communities.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-91. - Minimum district area; minimum area(s) for designated uses.
The minimum area for a Mixed Use District shall be twenty (20) acres, although an MX District of less area may be considered if the land has unique historical character, topography, or landscaping features, or is an isolated problem area which justifies application of the district to a smaller area.
For each of the designated uses, the following minimum areas shall apply:
1.
No less than twenty-five (25) percent of the net developable area of the overall district shall be set aside as open space. This may include common open areas, plazas, areas improved for recreation, historic sites, and any buffers provided between the various uses within the district. It shall not include yards of dwelling units or outdoor areas used in connection with a commercial or industrial use. Active and passive recreation may be provided within the open space. Public squares and plazas that are surrounded on at least three (3) sides by residential or commercial uses which front the plaza or peripheral roads adjoining the plaza shall be counted at twice the actual area toward satisfaction of the open space requirement.
2.
All common open space shall be protected by covenants setting forth the provisions for ownership and for maintenance of the open space. For purposes of the regulations governing the MX Mixed Use District, "net developable area" shall be defined as the total acreage of the site minus those areas in floodplains, Chesapeake Bay Protection Areas, wetlands, and slopes of 25% or greater.
3.
No less than thirty-five (35) percent of the net developable area shall be used for commercial or industrial development. When commercial uses are mixed with residential uses, the area of development shall be calculated for commercial development.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-13, § 1, 11-26-13)
Section 26-92. - Procedures; master plan required.
(a)
A master plan complying with the requirements specified in this article shall accompany an application for approval of an MX District.
(b)
Once approved, any amendments to the MX District or to the master plan shall be in accordance with the procedures set forth in section 26-302. The master plan shall guide the general location of all features of the community, including land uses, densities, roads, public uses, and other features. Approved final plats and plans shall supersede the master plan.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-93. - Master plan; requirements.
The master plan shall be prepared by a licensed surveyor, engineer, architect, landscape architect, or planner. The scale shall be appropriate to permit the entire project to be represented on a sheet of paper no larger than thirty (30) inches by forty-eight (48) inches.
The master plan shall include the following:
1.
The proposed title of the project and the name of the engineer, architect, designer, or landscape architect, and the owner/developer.
2.
The northpoint, scale, and date. Plans for districts less than one hundred (100) acres shall be drawn at a scale of not less than 1:200″, and shall include an area within one thousand (1,000) feet of the boundary of the proposed district. For proposed districts of one hundred (100) acres or more, the scale shall be not less than 1:400″, and shall include the area within two thousand (2,000) feet of the proposed district. Within the boundaries of the project, a circle with a radius of one thousand two hundred (1,200) feet shall be inscribed around each commercial area, with the centerpoint located at the center of the commercial area. This depiction may be provided on a separate plan sheet.
3.
Zoning and zoning district boundaries, both existing and proposed.
4.
Vicinity sketch at a scale no greater than 1:2000″.
5.
Location of existing environmental, topographical, and historic resources including:
a.
Topography, at an interval of two (2) feet.
b.
Aquifer recharge areas, based on available published information (USGS maps or other sources approved by the county).
c.
The location of ponds, streams, and natural drainage swales, mapped dam break inundation zones, and one hundred-year flood plains, as well as all resource protection areas as defined under the Chesapeake Bay preservation requirements and slopes of twenty-five (25) percent or greater.
d.
Location of all historic structures and resources including but not limited to those identified in the county historic site survey (including those on any contiguous tract), abandoned roads, cemeteries, and military earthworks. All features to be preserved shall be clearly noted on the plan.
e.
Other existing natural features on the property, including tree masses, wood lines, and a depiction of any proposed modifications to the feature.
6.
Proposed lot lines.
7.
The number and location of residential dwelling units, by type.
8.
Proposed square footage of commercial and industrial buildings.
9.
Designation of areas of common space, with a description of proposed improvements and landscaping where appropriate, and active and passive recreation areas.
10.
General location of proposed structures (commercial, industrial, and residential), with designation of the type(s) of housing proposed. If attached structures are to be used, the number of units in each structure within the district shall be shown.
11.
A project design manual, to include descriptions, depictions, and typical drawings for the following:
a.
An overall project description establishing the intended community characteristics, design themes, and elements to be incorporated into the project, to include concepts related to bulk and scale, physical relationships, and material composition.
b.
Proposed typical elevations for all structures, which shall include the following typical details:
i.
Facade materials, including the use of color(s),
ii.
Building height, length, and depth,
iii.
Roof lines and materials,
iv.
Stoop, porch, and eave design details (including columns and railings),
v.
Door, entryway, and trim design details (including garage doors),
vi.
Window, trim, and shutter design details, and
vii.
Screening for the heating, air conditioning, and electrical systems used in commercial, industrial, or multiple-use buildings. The proposed screening shall be constructed to ensure that the equipment for such systems shall not be visible from residences within the district or from any residence or public road located outside of the district.
c.
Landscape details, including typical plant materials to be used throughout the project, typical planting details and location(s), amenities, including street furniture, light fixtures, recreational improvements, and all other hardscape for the following areas:
i.
External buffers along major thoroughfares, and where proposed along common external boundaries,
ii.
Internal buffers, where proposed,
iii.
Internal roads,
iv.
Common and public areas, and
v.
Parking lots.
d.
Neighborhood design characteristics including:
i.
Internal road functional classifications,
ii.
Typical road section plans for each functional classification, to include both plan and cross section views,
iii.
Proposed setback lines for each type of road as describe in "i." above (if applicable),
iv.
Proposed build-to lines for each type of road as described in "i." above (if applicable), and
v.
Typical streetscape design for each classification of road or neighborhood.
e.
Pedestrian system, including type(s) of paving or impervious surface to be used.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-94. - Relationship of final plans and final plats to master plan.
Following the establishment of a Mixed Use District and approval by the Board of a master plan, a subdivision plat or site plan may be submitted for any section of the district shown on the master plan. The plats or site plans shall be reviewed by the planning commission in accordance with the procedures set forth in division 2 of article 6. All plats and site plans shall be in substantial conformity with the approved master plan Where land is to be subdivided within the district, the plats shall comply with the requirements specified in Subdivision ordinance. Where land is not to be subdivided, the plans shall comply with the requirements of section 26-319.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-95. - Density.
The gross density of the net developable area of the district shall be as follows:
1.
For areas shown on the General Land Use Plan in the county comprehensive plan as Planned Business, Commercial, Mixed-Use and Multi-Use, the maximum density shall not exceed fifteen (15) units per acre;
2.
For areas shown on the General Land Use Plan in the county comprehensive plan as Multi-family, the maximum density shall not exceed fifteen (15) units per acre.
3.
For areas shown on the General Land Use Plan in the county comprehensive plan as Suburban High, the maximum density shall not exceed eight (8) units per acre.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-13, § 1, 11-26-13)
Section 26-96. - Development standards.
The following standards shall apply to all Mixed Use Districts:
1.
All MX Districts shall be developed with public utilities.
2.
All recreation areas shall be designated on the master plan. When improved with playground equipment, playing fields, tennis courts, swimming pools, or other recreational facilities, such improvements shall be detailed on the plan. All improvements shall be constructed prior to issuance of any certificate of occupancy within the section of the project served by the recreation area; in the alternative, the applicant may post a bond or provide other surety acceptable to the Director in an amount equal to the estimated cost to complete such improvements and a twenty-five (25) percent allowance for estimated administrative costs, including attorneys' fees, if applicable, and inflation. The recreational areas and facilities shall be owned and maintained by either the developer or the residents' association.
3.
Parking shall be provided within the district as follows:
a.
2.25 parking spaces per dwelling unit;
b.
1 parking space per three hundred (300) square feet of approved commercial or industrial uses.
c.
Required parking may be provided on-street or off-street (whether located on the same zoning lot with the building or use served or on a separate lot), in accordance with the following:
i.
When congregate parking areas or structures are used within the district, the applicant shall demonstrate the requirements of section 26-253 have been satisfied. Parking areas shall be developed and landscaped in conformance with the standards specified in section 26-192. In determining the appropriate development and landscaping standards for multi-level parking structures, the standards that would be applicable to the level with the largest area or highest number of parking spaces shall be used. Required landscaping for parking structures shall be provided on the ground level unless the design of such structure precludes the installation of landscaping in accordance with the requirements of division 2 of article 4; in such instances, the master plan shall include alternative designs or standards to be used which satisfy the intent and purposes of division 2 of article 4.
ii.
Parallel parking shall be permitted within the district, in accordance with standards and requirements of the Virginia Department of Transportation.
iii.
All required parking, whether on-street or off-street, must be located within the phase or section within which the use is located.
4.
All streets within the district shall be public unless approved to be private streets or private access drives by the board. The design for all private streets and private access drives shall be included as part of the master plan and reviewed at the time of district approval. Any private street shall be constructed in accordance with the standards set forth in division 5 of article III of the Subdivision Ordinance. Curb and gutter shall be used throughout the development.
5.
Streetlights, when provided, shall not exceed a height of fifteen (15) feet anywhere within the district. All lights shall comply with the provisions of division 6 of article 5, site lighting requirements.
6.
Buffers shall be provided along the frontages of all uses when located along an adjoining existing public road along the external boundary of the project in accordance with the following:
a.
A buffer shall be required along the frontage on any existing or planned road designated as a "Major Thoroughfare" on the Hanover County Major Thoroughfare Plan as follows:
i.
For residential uses, a buffer no less than fifty (50) feet in width;
ii.
For commercial and industrial uses, a buffer shall be provided, and shall be no less than twenty-five (25) feet in width.
b.
A buffer no less than twenty-five (25) feet in width shall be required along the frontage of all other existing public roads;
c.
All required buffers shall be measured from the ultimate right-of-way in accordance with the major thoroughfare plan. In instances in which the property does not have frontage on a designated Major Thoroughfare, the buffer shall be measured twenty-five (25) feet from the centerline of the road.
d.
All buffers shall retain healthy and mature vegetation where practical. Where necessary, the buffer shall also be supplemented with a combination of trees, shrubs, or berms. If a berm is to be utilized it shall be a landscaped sculpted, non-linear undulating landform with an average height of three (3) feet. The landform shall be landscaped with low maintenance vegetation. The buffer shall be not be used to provide more than fifty (50) percent of the required common area, or more than twenty-five (25) percent of the active recreation area.
e.
Pedestrian paths shall be provided within the required buffer along public roads. The paths shall be constructed of permanent materials such as concrete, asphalt, brick, pavers, or other materials which are substantially similar, and shall be no less than four (4) feet in width. The paths shall be constructed from property line to property line and shall be designed to permit extension onto adjoining properties. Where paths intersect with public roads, the path shall be designed to Virginia Department of Transportation standards and specifications. Paths constructed within highway rights-of-way may be used to satisfy these requirements provided the paths are designed to so they may be maintained by the Virginia Department of Transportation. The path shall be separated from the back of the curb by a distance of no less than four (4) feet. Sidewalks shall be located and constructed so as not to impede the flow of surface drainage from adjacent sites to the ditch system.
f.
No buffer shall be located on an individual residential building lot.
g.
All buffers shall be measured from the ultimate right-of-way for the street or Major Thoroughfare upon which they are located.
h.
The developer shall
(1)
At its expense, install all required street buffers, street trees, pedestrian paths, and streetlights and related improvements identified on the approved plans prior to recordation of the section within which those improvements are to be constructed, or
(2)
At the time of recordation, enter into an agreement providing for the installation of the improvements and post surety in an amount sufficient to install the remaining improvements. The surety shall be in the form of a letter of credit, certified check or cash escrow. The form of this agreement and the surety shall be approved by the County Attorney.
i.
The improvements identified in subsection (h) may be completed at any time at or after recordation of a subdivision (or section of a subdivision) and improvements on a particular lot shall be completed prior to the issuance of a certificate of occupancy for that lot. Hanover County will perform inspections in accordance with the following schedule:
(1)
For subdivisions, or a section of a subdivision, that contain thirty (30) or more lots, prior to issuance of certificates of occupancy for the final six (6) lots within the subdivision or section;
(2)
For subdivisions, or a section of a subdivision, that contain fewer than thirty (30) lots but more than nine (9) lots, prior to issuance of certificates of occupancy for eighty (80) percent of the lots within the subdivision or section; and
(3)
For subdivisions, or a section of a subdivision, that contain nine (9) or fewer lots (other than those determined by the board to be "in-fill" development in accordance with section 26-61(e)), prior to the issuance of the certificate of occupancy for the final lot within the subdivision or section.
When determining the number of certificates of occupancy that may be issued prior to the completion of improvements within a section or subdivision, any fractional portion of lots that result as part of the percentage calculation shall be disregarded.
On any lots that have not been issued a certificate of occupancy at the time of inspection, the developer will have six (6) months to complete the zoning improvements.
j.
Notwithstanding the inspection schedule described above:
1.
In subdivisions or sections of subdivisions with fewer than fifty (50) lots, all zoning improvements must be completed within twenty-four (24) months of recordation of the subdivision plat, and
2.
In subdivisions or sections of subdivisions with fifty (50) lots or more, all zoning improvements must be completed within 36 months of recordation of the subdivision plat.
Should the developer fail to complete the necessary improvements, (1) the subdivision or section of subdivision will be deemed to be in default of the zoning performance agreement and the county will undertake necessary efforts to enforce the zoning performance agreement, and (2) no additional building permits for the subdivision or section of subdivision shall be issued until such time as the required zoning improvements have been installed, inspected, and accepted by Hanover County.
k.
Extensions of time-Generally. Extensions of time for the completion, approval and acceptance of all required improvements may be granted as follows:
(1)
Following the initial term of the performance agreement, the director may grant one (1) three-month extension;
(2)
Any additional extension shall be approved by the Planning Commission. In acting on the request for an extension, the Planning Commission shall indicate the length of the extension and the conditions, if any, of approval.
7.
To the extent possible, existing features which would enhance the value of the district, including trees, watercourses, historical sites, and similar assets, shall be preserved.
8.
Design standards for signs and light fixtures within the district shall be approved by the board at the time of district approval.
9.
Open space shall be reasonably dispersed throughout the site, and, where possible, shall be connected by a pedestrian circulation system, including sidewalks, pathways, and trails. Open space areas shall be designed and located so as to maximize public accessibility, emphasize inter-relationships between uses within the project, and create visual connections between spaces. They shall also contain features and amenities which encourage safe and continued public use, such as bandstands, pavilions, gazebos, benches, tables, and playgrounds. Commercial and residential uses are encouraged to be located to face squares, plazas, public areas, parks, and open space areas. Open space areas shall incorporate all lands deducted from the gross acreage to determine net acreage (floodplains, Chesapeake Bay protection areas, wetlands, and slopes of twenty-five (25) percent or greater). The open space shall generally abut existing or potential open space land on adjacent parcels, and shall be designed as part of any existing or proposed larger contiguous and integrated greenway systems.
10.
No residential use shall be located closer than fifty (50) feet to the boundary of the district or to any adjoining existing or proposed road except as part of a combined use. No use other than residential uses shall be located closer than one hundred (100) feet to the boundary of the district or to any adjoining existing or proposed road except as part of a combined use.
11.
Within the district, there shall be no minimum lot areas nor minimum lot front, rear, or side yard requirements except as approved as part of the master plan for the district or except as specified above.
12.
The following height restrictions shall apply in this district:
a.
Telecommunications towers and related facilities:
(1)
Permitted by right: shall not exceed fifty (50) feet.
(2)
Permitted with a special exception: shall not exceed one hundred forty (140) feet.
(3)
Permitted with a conditional use permit: may exceed one hundred forty (140) feet.
b.
Single-family dwelling units, both attached and detached shall not exceed a height of four (4) stories or fifty (50) feet, whichever is less.
c.
Multiple-family structures all other commercial and institutional uses, including combined use structures, shall not exceed a height of five (5) stories or sixty (60) feet, whichever is less.
13.
No residential use shall have direct access to any road outside of the district. All commercial and institutional uses shall be limited to no more than one (1) direct access per use to any road outside of the district.
14.
Ownership and maintenance of common open space.
(a)
Prior to or contemporaneous with the final subdivision plat or site plan approval for the first section of the district, the applicant shall record documents which create an owners' association. The association shall be required to maintain all open space, common areas and amenities, including recreation facilities, street lights, street trees, alleys, and pedestrian paths, and all lot owners shall be members of the association. The association shall be authorized to assess fees and impose liens on members' property for the cost of maintenance of the maintained areas and amenities; provided that alternate arrangements for the maintenance of open space may be approved by the board, as described below. Prior to or contemporaneous with the final subdivision plat or site plan approval for each section of the district, the applicant shall convey all amenities and all within that section to the association.
(b)
Unless alternate arrangements are approved by the board, prior to or contemporaneous with final subdivision plat or site plan approval for any section within an MX District, applicants shall record documents conveying open space easements applicable to the common and open space to the county, with content approved by the county, requiring preservation of features so designated on the plan, requiring maintenance in perpetuity of the common and open space, prohibiting further division of those areas, and prohibiting any use not permitted by the Zoning Ordinance.
(c)
The board may approve conveyance of the open space and any open space easement to a qualifying nonprofit or governmental entity other than the owners' association or the county, upon a finding that:
1.
Such a conveyance will achieve purposes of open space consistent with the character of the MX District;
2.
The conveyance will be beneficial to the future owners within the district and to the public; and
3.
The purposes and resources of the entity and the proposed conveyance are consistent with the perpetual preservation of the open space and significant features.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-13, § 1, 11-26-13; Ord. No. 22-07, § 1, 3-22-23)
Section 26-97.- Purpose of the district.
The purpose of this district shall be primarily to provide for and serve the needs of nonretail office business uses which may be appropriate in areas where retail uses might cause adverse impacts due to traffic congestion, late hours, or other characteristics not normally evidenced by the uses permitted herein. To enhance the general character and compatibility of this district, signs, landscaping requirements and other features of this district are strictly regulated, and retail uses are strictly limited.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-98. - Permitted uses.
A building or land shall be used only for the following purposes:
1.
Data processing center, internet service providers (ISPs), search portals, and related services.
2.
Exam Preparation and Tutoring.
3.
Facilities and structures necessary for rendering utility service, including poles, wires, transformers, utility cabinets and pedestals, and the like, for normal electrical power distribution or communication service, pipelines or conduits for electrical, gas sewer, or water service, and pipelines, conduits and transmission lines located within the suburban service area as depicted on the phased suburban development plan in the county comprehensive plan and used to connect to the public water and sewer system owned by the county, but not including buildings, treatment plants, pumping or regulator stations, substations and power transmission lines which are permitted as conditional uses.
4.
Offices, business, governmental, medical, or professional.
5.
The permanent placement or removal of clean earth fill, including all related excavation and filling activities, provided:
(a)
If the placement or removal is done in connection with the development of a property and the clean earth fill is being relocated on the same property, such placement or removal shall be permitted when it is done in furtherance of an approved site plan or construction plan.
(b)
If the placement or removal is done in connection with the development of another property and the clean earth fill is either being transported to or from the property, such placement or removal shall be permitted when the source and destination of the clean earth fill are properly permitted with the applicable state and local regulatory authorities.
(c)
If the placement of fill is not being done in furtherance of an approved site plan or construction plan and the average depth of clean earth fill being added is greater than one (1) foot, the property owner shall record a plat, approved by the director of public works, showing the locations where the fill has been placed. This plat shall be recorded in the office of the clerk of the circuit court of the county, within thirty (30) days of the conclusion of the placement or filling activities on the property.
6.
Sports and Recreation Instruction (indoor).
7.
Studios for artists, photographers, sculptors or musicians, to include instruction.
8.
Telecommunications towers and related facilities, in accordance with the standards of sections 26-282 through 26-292:
(a)
On properties that are located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, that do not exceed fifty (50) feet in height;
(b)
Otherwise, that do not exceed one hundred (100) feet in height.
9.
The following uses are permitted in an office building having a floor area of ten thousand (10,000) square feet or larger, provided the aggregate of these uses in any one building does not exceed twenty-five (25) percent of the floor area of the building:
a.
Bakery, retail.
b.
Banks and financial institutions.
c.
Book, periodical and music stores.
d.
Dry cleaners.
e.
Flower shops.
f.
Office supplies and stationery stores.
g.
Personal service establishments.
h.
Pharmacies and drug stores.
i.
Printshop.
j.
Restaurants, but not drive-through restaurants.
k.
Restaurant, fast food, not drive-through.
l.
Shoeshine shops.
m.
Travel agencies.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-99. - Permitted accessory uses.
1.
The location of office or construction trailers, which shall be removed within thirty (30) days of completion of construction.
2.
Parking lot, garage, or deck, accessory to permitted uses.
3.
Promotional events, in accordance with the following:
a.
A permit is issued by the Director. All requests for promotional event permits shall be submitted at least five (5) business days before the promotional event. The application for a promotional event permit shall describe the activities planned and shall contain a sketch plan showing the location of existing structures, parking areas, vehicle entrances and exits, and pedestrian walkways, and the proposed location of the promotional event activities.
b.
A promotional event permit may be issued for a period not to exceed three (3) consecutive days.
c.
Promotional events involving the outdoor display of goods and merchandise shall be conducted within an area immediately adjacent to the place where such items are customarily sold.
d.
No required off-street parking space, area used for vehicular ingress or egress, access drive or loading area shall be utilized for such display or activity.
e.
A promotional event permit shall not authorize yard sales, flea markets, or other display or sale of used merchandise other than that normally sold by the business holding the promotional event.
f.
Promotional events may only occur during the normal business hours of operation on the property.
g.
If a private sidewalk or pedestrian way in front of the building is used for the display of merchandise or for any activity related to the promotional event, a minimum width of four feet must remain unobstructed for pedestrian use.
All other promotional events shall be considered "promotional activities."
4.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the Director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-262, unless visually obstructed by existing vegetation or other structures on site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
5.
Wetland banks, facilities used for stormwater management, and conservation projects.
6.
Tier 1 battery energy storage systems.
7.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
8.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-05, § 2, 7-23-14; Ord. No. 22-08, § 8, 11-9-22; Ord. No. 23-14, § 9, 10-25-23)
Section 26-100. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Bakery, retail, not otherwise allowed as a permitted use.
2.
Clinics.
3.
The following excavation and filling activities, including all related excavation and filling activities:
(a)
The permanent placement or filling of fill other than clean earth fill, whether the source or destination of the fill is the same property or another property;
(b)
The temporary storage or stockpiling of fill other than clean earth fill; and
(c)
The sale of clean earth fill or other fill to the public.
4.
Dry cleaners not otherwise allowed as a permitted use.
5.
Heliport or helistop.
6.
Hospitals.
7.
Hotel, or motel, including an accessory convention hall or conference center.
8.
Libraries.
9.
Meeting hall.
10.
Parking garage, lot or deck, nonaccessory.
11.
Printshop, not otherwise allowed as a permitted use.
12.
Private club.
13.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise) parks, parkways, and playgrounds.
14.
Public utilities or public service uses, buildings, generating, treatment plants, pumping or regulator stations, substations, and power transmission lines not otherwise allowed as a permitted use.
15.
Swimming or tennis club, commercially operated, in accordance with the standards of section 26-299.
16.
Telecommunications towers and related facilities that exceed one hundred forty (140) feet in height and temporary telecommunications towers and related facilities of any height, in accordance with the standards of sections 26-282 through 26-292.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-101. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Adult day care centers.
2.
Day nurseries or child day care centers.
3.
Telecommunications towers and related facilities, in accordance with the standards of sections 26-282 through 26-292:
(a)
On properties that are located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, that exceed fifty (50) feet in height but do not exceed one hundred forty (140) feet in height;
(b)
Otherwise, that exceed one hundred (100) feet in height but do not exceed one hundred forty (140) feet in height.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-102. - Lot size requirements.
There are no minimum lot size requirements except as may be required by the health official to meet sanitary standards.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-103. - Yard requirements.
Notes:
1.
Side and rear yards required only if adjacent to a residential district.
2.
The front yard setback shall be measured from the future right-of-way line as shown on the major thoroughfare plan.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-104. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right:
i.
On properties located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, shall not exceed fifty (50) feet;
ii.
On all other properties, shall not exceed one hundred (100) feet.
b.
Permitted with a special exception: no more than one hundred forty (140) feet.
c.
Permitted with a conditional use permit: may exceed one hundred forty (140) feet.
2.
Office buildings and other permitted structures not specifically exempted in section 26-248 shall not exceed three (3) stories or forty-five (45) feet, whichever is less.
3.
Office buildings, hotels, motels, convention halls and conference centers, with a special height exception from the Board shall not exceed twelve (12) stories or one hundred twenty (120) feet, whichever is less.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-105. - Other uses not specifically listed.
A proposed use that is substantially similar to a use that is a permitted use, a permitted accessory use, a conditional use, or a use permitted as a special exception in this zoning district may be permitted if the Director determines, after considering the proposed use's operating characteristics and impact on the neighboring properties, roads and community, that:
1.
The proposed use is not likely to create any more danger to health and safety in surrounding areas than the listed use; and
2.
The proposed use will not create any more offensive noise, heat, smoke, odor, glare, and other objectionable influences than the listed use and will not have a greater traffic or parking impact than the listed use.
If the Director determines that the proposed use may be permitted, the regulations applicable to the use listed in the district regulations shall apply to the proposed use.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-106.- Purpose of the district.
The purpose of this district is to provide primarily for retail shopping and personal service uses, to be developed either as a unit or in individual parcels, to serve the needs of a relatively small area, primarily nearby, low-density or medium-density residential neighborhoods. For those uses that have the potential to create additional impacts on neighboring properties, specific standards of development are established to ensure compatibility with the uses of those properties.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-107. - Permitted uses.
A building or land shall be used only for the following purposes:
1.
Animal hospital or clinic for small animals conducted entirely in a soundproof building.
2.
Antiques stores.
3.
Arts and craft stores.
4.
Automobile parts and accessories sales (no repairs).
5.
Bakery, retail.
6.
Banks and other financial institutions (without drive-through window).
7.
Bicycle sales and repair shops.
8.
Catering or delicatessen business.
9.
Clinics.
10.
Clothing stores.
11.
Consignment stores (including those with online sales but not including furniture or appliances).
12.
Convenience store without fuel sales or drive-through window food sales.
13.
Copy and print store.
14.
Dry cleaners.
15.
Electronics and Appliance Sales or repair.
16.
Exam Preparation and Tutoring.
17.
Fabric stores.
18.
Facilities and structures necessary for rendering utility service, including poles, wires, transformers, utility cabinets and pedestals, and the like for normal electrical power distribution or communication service, pipelines or conduits for electrical, gas, sewer, or water service, and pipelines, conduits and transmission lines located within the suburban service area as depicted on the phased suburban development plan in the county comprehensive plan and used to connect to the public water and sewer system owned by the county, but not including buildings, treatment plants, pumping or regular stations, substations, and power transmission lines which are permitted as conditional uses.
19.
Fitness center (indoor only).
20.
Flower shops and greenhouses incidental thereto.
21.
Food and beverage stores.
22.
Funeral homes and funeral services, including accessory crematories.
23.
Furniture rental.
24.
Furniture stores.
25.
Gift and novelty stores.
26.
Hardware stores.
27.
Health equipment rental.
28.
Health supplement stores.
29.
Hobby, toy and game stores.
30.
Home appliance rental.
31.
Home furnishing stores.
32.
Home hardware rental (small).
33.
Hospitals.
34.
Ice distribution stations, automatic, or other drive-in automatic vending machine stations. Groups of vending machines shall be contained in a building.
35.
Laundromats.
36.
Lawn and garden equipment and supply stores.
37.
Musical instrument and supplies stores.
38.
Nurseries for growing plants, trees, or shrubs.
39.
Office supplies and stationery stores.
40.
Offices, business, governmental, medical or professional.
41.
Packaging and mailing services.
42.
Paint and wallpaper stores.
43.
Party equipment rental.
44.
Personal service establishment.
45.
Pet shop or animal grooming establishment.
46.
The permanent placement or removal of clean earth fill, including all related excavation and filling activities, provided:
(a)
If the placement or removal is done in connection with the development of a property and the clean earth fill is being relocated on the same property, such placement or removal shall be permitted when it is done in furtherance of an approved site plan or construction plan.
(b)
If the placement or removal is done in connection with the development of another property and the clean earth fill is either being transported to or from the property, such placement or removal shall be permitted when the source and destination of the clean earth fill are properly permitted with the applicable state and local regulatory authorities.
(c)
If the placement of fill is not being done in furtherance of an approved site plan or construction plan and the average depth of clean earth fill being added is greater than one (1) foot, the property owner shall record a plat, approved by the director of public works, showing the locations where the fill has been placed. This plat shall be recorded in the office of the clerk of the circuit court of the county, within thirty (30) days of the conclusion of the placement or filling activities on the property.
47.
Pharmacies and drug stores.
48.
Restaurants.
49.
Restaurants, carry-out.
50.
Restaurants, fast food, but not drive-through.
51.
Restaurants with craft brewery.
52.
Shoe repair shops.
53.
Souvenir stores.
54.
Sporting goods stores.
55.
Sports and Recreation Instruction (indoor).
56.
Studios for artists, photographers, sculptors, or musicians, to include instruction.
57.
Tailors.
58.
Telecommunications towers and related facilities, in accordance with the standards of sections 26-282 through 26-292:
(a)
On properties that are located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, that do not exceed fifty (50) feet in height;
(b)
Otherwise, that do not exceed one hundred (100) feet in height.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 14-12, § 2, 12-10-14; Ord. No. 25-11, § 2, 8-27-25)
Section 26-108. - Permitted uses with special standards.
(a)
The following uses are permitted in this district, provided that the standards set forth in this section are met:
Banks and other financial institutions (with drive-through window).
(b)
Buffers. There shall be a buffer between the uses listed in this section and any adjacent residential district. The buffer shall satisfy one of the standards set forth in Table I or Table II below:
(1)
Table I: Standards for buffers utilizing all newly planted vegetation
*When a berm is used in an area that naturally contains a slope steeper than a ratio of 12:1 (8%), the Planning Department may require that the height of the berm be modified and other design features adjusted so that the same screening effect is created as is intended by the Table I standards.
(2)
Table II: Standards for buffers utilizing some or all existing vegetation
(3)
The following additional requirements shall apply to the buffers provided for in tables I and II:
a.
Existing vegetation used to satisfy buffer requirements shall comply with the minimum standards for trees and shrubs in section 26-265.
b.
The Planning Department shall determine the suitability of existing vegetation for buffers and the necessity for supplemental plantings as established in section 26-265.
c.
Prior to Certificate of Occupancy, all planted and preserved trees and shrubs shall be inspected to verify that the trees and shrubs are healthy and meet the minimum requirements set forth in this section.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-109. - Permitted accessory uses.
1.
The location of office and construction trailers, which shall be removed within thirty (30) days of completion of construction.
2.
Parking lot, garage, or deck, accessory to permitted uses.
3.
Promotional events that meet the following criteria:
a.
A permit must be issued by the Director before the promotional event occurs. All requests for promotional event permits shall be submitted at least five (5) business days before the promotional event. The application for a promotional event permit shall describe the activities planned and shall contain a sketch plan showing the location of existing structures, parking areas, vehicle entrances and exits, and pedestrian walkways, and the proposed location of the promotional event activities.
b.
A promotional event permit may be issued for a period not to exceed three (3) consecutive days.
c.
Promotional events involving the outdoor display of goods and merchandise shall be conducted within an area immediately adjacent to the place where such items are customarily sold.
d.
No required off-street parking space, area used for vehicular ingress or egress, access drive or loading area shall be utilized for such display or activity.
e.
A promotional event permit shall not authorize yard sales, flea markets, or other display or sale of used merchandise other than that normally sold by the business holding the promotional event.
f.
Promotional events may only occur during the normal business hours of operation on the property.
g.
If a private sidewalk or pedestrian way in front of the building is used for the display of merchandise or for any activity related to the promotional event, a minimum width of four feet must remain unobstructed for pedestrian use.
All other promotional events shall be considered "promotional activities."
4.
Wetland banks, facilities used for stormwater management, and conservation projects.
5.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the Director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-262, unless visually obstructed by existing vegetation or other structures on site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
6.
Tier 1 battery energy storage systems.
7.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
8.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-05, § 3, 7-23-14; Ord. No. 22-08, § 9, 11-9-22; Ord. No. 23-14, § 10, 10-25-23)
Section 26-110. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Agricultural and forestal support center.
2.
Amusement facilities, including arcades, go-cart tracks, rides, and water parks.
3.
Animal pound.
4.
Batting cages.
5.
Billiard parlors or pool hall.
6.
Cemetery, including a crematorium, in accordance with the standards of section 26-295.
7.
Churches and other places of worship, or the expansion by more than fifty (50) percent of original floor area of a church or place of worship.
8.
Convenience store with fuel sales, subject to the standards set forth in subsection 26-108.
9.
Craft brewery.
10.
The following excavation and filling activities, including all related excavation and filling activities:
(a)
The permanent placement or filling of fill other than clean earth fill, whether the source or destination of the fill is the same property or another property;
(b)
The temporary storage or stockpiling of fill other clean earth fill; and
(c)
The sale of clean earth fill or other fill to the public.
11.
Farmers' market.
12.
Fueling station, retail; provided:
(a)
The standards set forth in section 26-108 are satisfied;
(b)
The support structure for any roof canopy for fueling positions shall meet all setback requirements;
(c)
The roof canopy shall not extend more than ten feet into the required setback; however, the provisions of this subsection shall not permit a roof canopy from extending into a major thoroughfare buffer; and
(d)
The roof canopy shall not impair sight distance for vehicles travelling on the public road or for vehicle and pedestrians entering or exiting the property.
13.
Heliport or helistop.
14.
Hotel or motel, including one (1) dwelling for those employed on the premises.
15.
Institutions, educational or philanthropic, including museums, art galleries and libraries.
16.
Livestock auction market.
17.
Meeting hall.
18.
Miniature golf courses or driving ranges.
19.
Paintball, laser tag, and other similar games.
20.
Parking garage, lot or deck, nonaccessory.
21.
Private clubs.
22.
Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds; and public boat landings.
23.
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, substations and transmission lines not otherwise allowed as a permitted use.
24.
Radio or television broadcasting station.
25.
Recreation facility, commercially operated, such as fishing or boating lake, camp ground, picnic grounds, or dude ranch, and accessory facilities, including sale of food, beverages, bait, supplies and equipment.
26.
Restaurant, fast food, with drive-through, subject to the standards set forth in subsection 26-108.
27.
Sports arena or stadium, commercial athletic field or baseball park.
28.
Swimming or tennis club, commercially operated, in accordance with the standards of section 26-299.
29.
Taxidermy shop.
30.
Telecommunications towers and related facilities that exceed one hundred forty (140) feet in height and temporary telecommunications towers and related facilities of any height, in accordance with the standards of sections 26-282 through 26-292.
31.
Theater, but not a drive-in theater.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 14-12, § 3, 12-10-14)
Section 26-111. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Adult day care centers.
2.
Archery ranges (indoor only).
3.
Assisted living facilities.
4.
Auction sales, on a lot no less than ten (10) acres in area, located outside of the suburban development district, with no more than four (4) such sales in any calendar year.
5.
Children's residential facilities.
6.
Commercial dog kennels.
7.
Convalescent homes, nursing homes, or homes for the aged.
8.
Day nurseries or child day care centers.
9.
A dwelling for use by proprietor or employee of business other than a hotel or motel.
10.
Fences up to seven (7) feet in height, located within the front yard on lots outside of the suburban service area.
11.
Nonaccessory tents for special purposes.
12.
Outdoor displays or promotional activities (other than "promotional events").
13.
Outdoor musical or entertainment festivals.
14.
Raising for sale of birds, bees, fish, rabbits and other small animals in a suburban development district only.
15.
Rifle or pistol ranges, or trap shooting (indoor only).
16.
Temporary buildings for use as a sales or rental office for an approved real estate development or subdivision.
17.
Telecommunications towers and related facilities that:
a.
Exceed one hundred (100) feet in height but do not exceed one hundred forty (140) feet in height; or
b.
Exceed fifty (50) feet but do not exceed one hundred forty (140) feet and are located along designated scenic roads or waterways or within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, in accordance with the standards set forth in sections 26-282 through 26-292.
18.
In areas designated on the General Land Use Map of the Comprehensive Plan as Rural Village, in accordance with the standards of section 26-338.1:
a.
Multiple-use structure, with no more than three (3) residential units, provided, no more than fifty (50) percent of the floor area within such structure shall be used for residential purposes; and
b.
A reduction in the front yard setback for a multiple-use structure, in accordance with the standards set forth in section 26-338.1; provided, in no event shall the front yard setback be reduced below ten (10) feet.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 16-13, § 4, 2-8-17)
Section 26-112. - Lot size requirements.
There is no minimum lot size requirements in this district, except as may be required by the health official to meet sanitary standards.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-113. - Yard requirements.
Notes:
1.
Side and rear yards required only if adjacent to a residential district.
2.
The front yard setback shall be measured from the future right-of-way line as shown on the major thoroughfare plan.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-114. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right:
(i)
On properties located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, shall not exceed fifty (50) feet;
(ii)
On all other properties, shall not exceed one hundred (100) feet.
b.
Permitted with a special exception: shall not exceed one hundred forty (140) feet.
c.
Permitted with a conditional use permit: may exceed one hundred forty (140) feet.
2.
Dwellings, business buildings, and all other structures not specifically exempted in section 26-248:
a.
Permitted by right: shall not exceed three (3) stories or forty-five (45) feet, whichever is greater.
b.
Permitted with a special exception: may exceed the limits set forth in subsection a.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-115. - Other uses not specifically listed.
A proposed use that is substantially similar to a use that is a permitted use, a permitted accessory use, a conditional use, or a use permitted as a special exception in this zoning district may be permitted if the Director determines, after considering the proposed use's operating characteristics and impact on the neighboring properties, roads and community, that:
1.
The proposed use is not likely to create any more danger to health and safety in surrounding areas than the listed use; and
2.
The proposed use will not create any more offensive noise, heat, smoke, odor, glare, and other objectionable influences than the listed use and will not have a greater traffic or parking impact than the listed use.
If the Director determines that the proposed use may be permitted, the regulations applicable to the use listed in the district regulations shall apply to the proposed use.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-116.- Purpose of the district.
The purpose of this district is to provide sufficient space in appropriate locations for a variety of commercial and miscellaneous community service activities, generally serving a community of several neighborhoods and appropriately located with respect to major thoroughfares, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise, associated with manufacturing. For those uses that have the potential to create additional impacts on neighboring properties, specific standards of development are established to ensure compatibility with the uses of those properties.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-117. - Permitted uses.
A building or land shall be used only for the following purposes:
1.
Any use permitted in the B-1, Neighborhood Business District. For those uses permitted in the B-1 District with special standards, those standards shall also be required in the B-2 District.
2.
Appliance repair and maintenance, provided that no outside storage of material is permitted except as provided in this section.
3.
Craft brewery.
4.
Data processing center, internet service providers (ISPs), search portals, and related services.
5.
Flea market, indoor.
6.
Home centers.
7.
Hotels or motels, including one (1) dwelling for those employed on the premises.
8.
Lawn and garden equipment and supply stores, including rental.
9.
Lumber and building materials store, retail only.
10.
Parking garage, lot or deck, nonaccessory.
11.
Personal and household goods, repair, and maintenance, provided that no outside storage of material is permitted except as provided in this section.
12.
Radio or television broadcasting.
13.
Restaurants, fast food, without drive-through.
14.
Reupholstery and furniture repair, provided that no outside storage of material is permitted except as provided in this section.
15.
Sound recording industries.
16.
Statuary goods stores, including the sale of headstones.
17.
Warehousing, storage, wholesaling, and distribution of no more than two thousand five hundred (2,500) square feet of accessory storage, per individual business establishment, and with a gross floor area no greater than thirty thousand (30,000) square feet.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 14-12, § 4, 12-10-14; Ord. No. 23-10, § 2, 4-24-24)
Section 26-118. - Permitted uses with special standards.
(a)
(1)
The provisions of this subsection shall apply to the following uses:
a.
Convenience stores, including drive-through window service for food and including no more than eight (8) fueling positions.
b.
Restaurants, fast food, with drive-through.
(2)
Buffers. There shall be a buffer between the uses listed in this section and any adjacent residential district. The buffer shall satisfy one of the standards set forth in Table I or Table II below:
a.
Table I: Standards for buffers utilizing all newly planted vegetation
*When a berm is used in an area that naturally contains a slope steeper than a ratio of 12:1 (8%), the Planning Department may require that the height of the berm be modified and other design features adjusted so that the same screening effect is created as is intended by the Table I standards.
b.
Table II: Standards for buffers utilizing some or all existing vegetation
c.
The following additional requirements shall apply to the buffers provided for in tables I and II:
1.
Existing vegetation used to satisfy buffer requirements shall comply with the minimum standards for trees and shrubs in section 26-265.
2.
The Planning Department shall determine the suitability of existing vegetation for buffers and the necessity for supplemental plantings as established in section 26-265.
3.
Prior to Certificate of Occupancy, all planted and preserved trees and shrubs shall be inspected to verify that the trees and shrubs are healthy and meet the minimum requirements set forth in this section.
(b)
(1)
The provisions of this subsection shall apply to the following uses:
Fitness center.
(2)
The use listed in subsection (b)(1) shall be permitted in this district, provided that the following standards are met:
a.
Outdoor accessory uses (such as basketball courts, playing fields or swimming pools), do not exceed 10 percent of the floor area of the fitness center or no more than 5000 square feet, whichever is less;
b.
No lights are used for the outdoor accessory uses described in subsection (a); and
c.
Any outdoor courts or pools, other than an outdoor playing field for which there are no permanent improvements, are screened in accordance with section 26-263.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-119. - Permitted accessory uses.
1.
The location of office or construction trailers, which shall be removed within thirty (30) days of completion of construction.
2.
Material storage yards, in connection with a permitted use where storage is incidental to the approved occupancy of the building, provided all products and materials used or stored are in completely enclosed buildings or otherwise screened in accordance with the requirements of section 26-263. Storage of all materials and equipment shall not exceed the height of the screen. Storage of cars and trucks used in connection with the permitted trade or business is permitted behind the screen. Storage of heavy equipment, such as road-building or excavating equipment, is not permitted.
3.
Parking lot, garage, or deck, accessory to permitted uses.
4.
Promotional events that meet the following criteria:
a.
A permit must be issued by the Director before the promotional event occurs. All requests for promotional event permits shall be submitted at least five (5) business days before the promotional event. The application for a promotional event permit shall describe the activities planned and shall contain a sketch plan showing the location of existing structures, parking areas, vehicle entrances and exits, and pedestrian walkways, and the proposed location of the promotional event activities.
b.
A promotional event permit may be issued for a period not to exceed three (3) consecutive days.
c.
Promotional events involving the outdoor display of goods and merchandise shall be conducted within an area immediately adjacent to the place where such items are customarily sold.
d.
No required off-street parking space, area used for vehicular ingress or egress, access drive or loading area shall be utilized for such display or activity.
e.
A promotional event permit shall not authorize yard sales, flea markets, or other display or sale of used merchandise other than that normally sold by the business holding the promotional event.
f.
Promotional events may only occur during the normal business hours of operation on the property.
g.
If a private sidewalk or pedestrian way in front of the building is used for the display of merchandise or for any activity related to the promotional event, a minimum width of four feet must remain unobstructed for pedestrian use.
All other promotional events shall be considered "promotional activities."
5.
Storage of office supplies and goods used in conjunction with a permitted business use. When stored outside, these supplies and goods shall be screened in accordance with the requirements of section 26-263.
6.
Wetland banks, facilities used for stormwater management, and conservation projects.
7.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the Director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-262, unless visually obstructed by existing vegetation or other structures on site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
8.
Tier 1 battery energy storage systems.
9.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
10.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-05, § 4, 7-23-14; Ord. No. 22-08, § 10, 11-9-22; Ord. No. 23-14, § 11, 10-25-23)
Section 26-120. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Any conditional use permitted in the B-1 Neighborhood Business District and not included in the list of permitted uses for the B-2 district.
2.
Agricultural and farm machinery and equipment repair, including the sale of parts.
3.
Billiard parlors or pool halls.
4.
Bowling alleys.
5.
Commercial landscaping operation, when done in conjunction with a nursery on the premises, provided that no machinery or equipment used for the business is stored within one hundred (100) feet of a property line, unless the equipment is screened in accordance with the standards specified in section 26-263.
6.
Convenience store with more than eight (8) fueling positions, provided:
(a)
The buffer requirement in section 26-118(b) is satisfied;
(b)
The support structure for any roof canopy for fueling positions shall meet all setback requirements;
(c)
The roof canopy shall not extend more than ten (10) feet into the required setback; however, the provisions of this subsection shall not permit a roof canopy from extending into a major thoroughfare buffer; and
(d)
The roof canopy shall not impair sight distance for vehicles travelling on the public road or for vehicle and pedestrians entering or exiting the property.
7.
Dance halls.
8.
Fitness center, not otherwise allowed as a permitted use.
9.
Flea market, outdoor.
10.
Fueling station, fleet, provided:
(a)
The buffer requirement in section 26-118(b) is satisfied;
(b)
The support structure for any roof canopy for fueling positions shall meet all setback requirements;
(c)
The roof canopy shall not extend more than ten (10) feet into the required setback; however, the provisions of this subsection shall not permit a roof canopy from extending into a major thoroughfare buffer; and
(d)
The roof canopy shall not impair sight distance for vehicles travelling on the public road or for vehicle and pedestrians entering or exiting the property.
11.
Fueling station, retail, provided:
(a)
The buffer requirement in Section 26-118(b) is satisfied;
(b)
The support structure for any roof canopy for fueling positions shall meet all setback requirements;
(c)
The roof canopy shall not extend more than ten (10) feet into the required setback; however, the provisions of this subsection shall not permit a roof canopy from extending into a major thoroughfare buffer; and
(d)
The roof canopy shall not impair sight distance for vehicles travelling on the public road or for vehicle and pedestrians entering or exiting the property.
12.
Roller skating and ice skating rinks.
13.
Self-storage warehouse facility, including one (1) dwelling for those employed on the premises, in accordance with the standards of section 26-297.
14.
Theaters, including drive-in theaters.
15.
Warehousing, storage, wholesaling, and distribution of more than two thousand five hundred (2,500) square feet but no more than five thousand (5,000) square feet of accessory storage, per individual business establishment, and with a gross floor area no greater than thirty thousand (30,000) square feet.
16.
Recreational Substances, retail stores, in accordance with the standards of section 26-292.8.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-10, § 3, 4-24-24; Ord. No. 25-11, § 3, 8-27-25)
Section 26-121. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Any special exception permitted in the B-1, Neighborhood Business District and not listed as a permitted use in the B-2 District.
2.
A dwelling for use by the proprietor or an employee of a business other than hotels or motels, or self-storage warehouse facilities.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-122. - Lot size requirements.
There are no minimum lot size requirements in this district except as may be required by the health official to meet sanitary standards.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-123. - Yard requirements.
Note: Side and rear yards required only if adjacent to a residential district. The front yard setback shall be measured from the future right-of-way line as shown on the major thoroughfare plan.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-124. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right:
(i)
On properties located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, shall not exceed fifty (50) feet;
(ii)
On all other properties, shall not exceed one hundred (100) feet.
b.
Permitted with a special exception: shall not exceed one hundred forty (140) feet.
2.
Dwellings, business buildings, and all other structures not specifically exempted in section 26-248:
a.
Permitted by right: shall not exceed may be constructed to a maximum height of three (3) stories or forty-five (45) feet, whichever is greater.
b.
Permitted with a special exception: may exceed the limits set forth in subsection a.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-125. - Other uses not specifically listed.
A proposed use that is substantially similar to a use that is a permitted use, a permitted accessory use, a conditional use, or a use permitted as a special exception in this zoning district may be permitted if the Director determines, after considering the proposed use's operating characteristics and impact on the neighboring properties, roads and community, that:
1.
The proposed use is not likely to create any more danger to health and safety in surrounding areas than the listed use; and
2.
The proposed use will not create any more offensive noise, heat, smoke, odor, glare, and other objectionable influences than the listed use and will not have a greater traffic or parking impact than the listed use.
If the Director determines that the proposed use may be permitted, the regulations applicable to the use listed in the district regulations shall apply to the proposed use.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-126.- Purpose of the district.
The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of commercial, automotive, and miscellaneous service activities, generally serving a wide area of the county and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise, associated with manufacturing. For those uses that have the potential to create additional impacts on neighboring properties, specific standards of development are established to ensure compatibility with the uses of those properties.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-127. - Permitted uses.
A building or land shall be used only for the following purposes:
1.
Any use permitted in the B-2 Community Business District. For those uses permitted in the B-2 District with special standards, those standards shall also be required in the B-3 District
2.
Animal hospital or kennel with any open pens at least two hundred (200) feet from any residential district.
3.
Automobile rental.
4.
Boat, personal watercraft, and boat trailer dealers, including service, repair and storage, where storage of boats and trailers are accessory to the principal use. This shall not include the permanent storage of boats and trailers.
5.
General contractor and repair shops.
6.
Greenhouses, commercial, wholesale or retail.
7.
Motorcycle dealers, including sales, service, and repairs, including body and fender repairs.
8.
Photographic processing or blueprinting.
9.
Printing, publishing and engraving.
10.
Recreational vehicle sales (new vehicles) and rentals, including display, repair, and storage where repair and storage are accessory to the principal use. This shall not include the permanent storage of recreational vehicles.
11.
Schools for industrial vocational training, trade, or business.
12.
Sign printing and graphics store.
13.
Tire sales and service.
14.
Truck rental, not including tractor trailers and limited to pickup or panel trucks with a gross vehicle weight rating of 26,000 pounds or less.
15.
Utility trailer sales and rental.
16.
Warehousing, storage, wholesaling, and distribution with no more than five thousand (5,000) square feet of accessory storage, per individual business establishment, and a gross floor area no greater than thirty thousand (30,000) square feet.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-11, § 2, 10-25-23; Ord. No. 23-10, § 4, 4-24-24)
Section 26-128. - Permitted uses with special standards.
(a)
(1)
The provisions of this subsection shall apply to the following uses:
a.
Carwash, automatic or otherwise.
b.
Convenience stores.
c.
Fueling stations, retail.
d.
Fueling stations, fleet.
(2)
Buffers. There shall be a buffer between the uses listed in this subsection and any adjacent residential district. The buffer shall satisfy one of the standards set forth in Table I or Table II below:
a.
Table I: Standards for buffers utilizing all newly planted vegetation
*When a berm is used in an area that naturally contains a slope steeper than a ratio of 12:1 (8%), the planning department may require that the height of the berm be modified and other design features adjusted so that the same screening effect is created as is intended by the table I standards.
b.
Table II: Standards for buffers utilizing some or all existing vegetation
c.
The following additional requirements shall apply to the buffers provided for in tables I and II:
1.
Existing vegetation used to satisfy buffer requirements shall comply with the minimum standards for trees and shrubs in section 26-265.
2.
The Planning Department shall determine the suitability of existing vegetation for buffers and the necessity for supplemental plantings as established in section 26-265.
3.
Prior to Certificate of Occupancy, all planted and preserved trees and shrubs shall be inspected to verify that the trees and shrubs are healthy and meet the minimum requirements set forth in this section.
(3)
Roof canopies for fueling positions shall meet the following standards:
a.
The support structure for any roof canopy for fueling positions shall meet all setback requirements;
b.
The roof canopy shall not extend more than ten (10) feet into the required setback; however, the provisions of this subsection shall not permit a roof canopy from extending into a major thoroughfare buffer; and
c.
The roof canopy shall not impair sight distance for vehicles travelling on the public road or for vehicle and pedestrians entering or exiting the property.
(b)
(1)
The provisions of this subsection shall apply to the following uses:
a.
Temporary health care structure sales, display and storage.
b.
Manufactured home sales, display and storage.
(2)
The uses listed above shall be permitted in this district, provided that the following standards are met:
a.
all units shall be in usable condition;
b.
no unit shall be placed in a required front yard;
c.
the minimum parcel area shall be two (2) acres;
d.
the storage area shall be screened in accordance with section 26-263, except with a minimum height of eight (8) feet; and
e.
the entire area shall be similarly screened from contiguous residentially zoned property.
(c)
(1)
The provisions of this subsection shall apply to the following uses:
a.
Automobile dealers (new vehicles), including sales, service, and repairs (including body and fender repairs).
b.
Automobile and motorcycle repair, general, not including body and fender repair.
c.
Automobile and motorcycle transmission repair service.
d.
Truck dealers (new vehicles), including sales, service, and repairs, including body and fender repairs, limited to pickup or panel trucks with a gross vehicle weight rating of 19,500 pounds or less.
(2)
The uses listed above shall be permitted in this district, provided that the following standards are met:
a.
Any storage of equipment or materials or storage or major repair of damaged vehicles shall be inside a completely enclosed building or otherwise screened in accordance with the requirements of section 26-263.
b.
For purposes of this subsection, a motor vehicle shall be considered a "damaged vehicle" if it:
(i).
requires body or fender repair in order to operate legally on public roads;
(ii).
has been partially or totally disassembled by the removal of body parts, bumpers, windshields, tires or wheels; or
(iii).
does not have displayed thereon either valid license plates or a valid inspection decal for a period of 30 days.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-129. - Permitted accessory uses.
1.
The location of office or construction trailers, which shall be removed within thirty (30) days of completion of construction.
2.
Material storage yards, in connection with a permitted use where storage is incidental to the approved occupancy of the building, provided all products and materials used or stored are in completely enclosed buildings or otherwise screened in accordance with the requirements of section 26-263. Storage of all materials and equipment shall not exceed the height of the screen. Storage of cars and trucks used in connection with the permitted trade or business is permitted within the screen, but not including storage of heavy equipment, such as roadbuilding or excavating equipment.
3.
Parking lot, garage, or deck, accessory to permitted uses.
4.
Promotional events that meet the following criteria:
a.
A permit must be issued by the Director before the promotional event occurs. All requests for promotional event permits shall be submitted at least five (5) business days before the promotional event. The application for a promotional event permit shall describe the activities planned and shall contain a sketch plan showing the location of existing structures, parking areas, vehicle entrances and exits, and pedestrian walkways, and the proposed location of the promotional event activities.
b.
A promotional event permit may be issued for a period not to exceed three (3) consecutive days.
c.
Promotional events involving the outdoor display of goods and merchandise shall be conducted within an area immediately adjacent to the place where such items are customarily sold.
d.
No required off-street parking space, area used for vehicular ingress or egress, access drive or loading area shall be utilized for such display or activity.
e.
A promotional event permit shall not authorize yard sales, flea markets, or other display or sale of used merchandise other than that normally sold by the business holding the promotional event.
f.
Promotional events may only occur during the normal business hours of operation on the property.
g.
If a private sidewalk or pedestrian way in front of the building is used for the display of merchandise or for any activity related to the promotional event, a minimum width of four feet must remain unobstructed for pedestrian use.
All other promotional events shall be considered "promotional activities."
5.
Storage of office supplies and goods used in conjunction with a permitted business use.
6.
Wetland banks, facilities used for stormwater management, and conservation projects.
7.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
i.
The existing structure shall be in compliance with all currently applicable regulations.
ii.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the Director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
iii.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
iv.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-262, unless visually obstructed by existing vegetation or other structures on site.
v.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
8.
Tier 1 battery energy storage systems.
9.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
10.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-05, § 5, 7-23-14; Ord. No. 23-14, § 12, 10-25-23)
Section 26-130. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Any conditional use permitted in the B-1, Neighborhood District and not included in the list of permitted uses for the B-3 district.
2.
Adult uses, subject to the specific requirements of section 26-301.
3.
Automobile and motorcycle body and fender repair.
4.
Automobile dealers (used vehicles).
5.
Billiard parlor and pool halls.
6.
Bowling alleys.
7.
Construction equipment sales, rental, or leasing, limited to equipment with an operating weight of thirteen thousand (13,000) pounds or less.
8.
Dance halls.
9.
Fitness center, not otherwise allowed as a permitted use.
10.
Recreational vehicle sales (used vehicles), including display, repair, and storage.
11.
Roller skating and ice skating rinks.
12.
Self-storage warehouse facility, including one (1) dwelling for those employed on the premises, subject to the specific requirements of section 26-297.
13.
Theaters, including drive-in theaters.
14.
Truck dealers (used vehicles), limited to pickup or panel trucks with a gross vehicle weight rating of nineteen thousand five hundred (19,500) pounds or less.
15.
Truck stop.
16.
Warehousing, storage, wholesaling, and distribution with more than five thousand (5,000) square feet but not more than fifteen thousand (15,000) square feet of accessory storage, per individual business establishment, and a gross floor area of no greater than thirty thousand (30,000) square feet.
17.
Recreational Substances, retail stores, in accordance with the standards of section 26-292.8.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 14-12, § 5, 12-10-14; Ord. No. 23-10, § 5, 4-24-24; Ord. No. 25-11, § 4, 8-27-25)
Section 26-131. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Adult day care centers.
2.
Assisted living facilities.
3.
Child day care center.
4.
Children's residential facilities.
5.
A dwelling for use by the proprietor or an employee of a business other than hotels or motels, or self-storage warehouse facilities.
6.
Nursing homes, convalescent homes or rest homes.
7.
Outdoor displays or promotional activities.
8.
Telecommunications towers and related facilities, in accordance with the standards set forth in sections 26-282 through 26-292:
(a)
On properties that are located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, that exceed fifty (50) feet in height but do not exceed one hundred forty (140) feet in height;
(b)
Otherwise, that exceed one hundred (100) feet in height but do not exceed one hundred forty (140) feet in height.
9.
Temporary buildings for use as a sales or rental office for an approved business development or non-residential subdivision.
10.
In areas designated on the General Land Use Map of the Comprehensive Plan as Rural Village, in accordance with the standards of section 26-338.1:
a.
Multiple-use structure, with no more than three (3) residential units, provided, no more than fifty (50) percent of the floor area within such structure shall be used for residential purposes; and
b.
A reduction in the front yard setback for a multiple-use structure, in accordance with the standards set forth in section 26-338.1; provided, in no event shall the front yard setback be reduced below ten (10) feet.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 16-13, § 5, 2-8-17)
Section 26-132. - Lot size requirements.
There are no minimum lot size requirements in this district except as may be required by the health official to meet sanitary standards.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-133. - Yard requirements.
Note: Side and rear yards required only if adjacent to a residential district. The front yard setback shall be measured from the future right-of-way line as shown on the major thoroughfare plan.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-134. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right:
(i)
On properties located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, shall not exceed fifty (50) feet;
(ii)
On all other properties, shall not exceed one hundred (100) feet.
b.
Permitted with a special exception: shall not exceed one hundred forty (140) feet.
c.
Permitted with a conditional use permit: may exceed one hundred forty (140) feet.
2.
Dwellings, business buildings, and all other structures not specifically exempted in section 26-248:
a.
Permitted by right: shall not exceed three (3) stories or forty-five (45) feet, whichever is greater.
b.
Permitted with a special exception: may exceed the limits set forth in subsection a.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-135. - Other uses not specifically listed.
A proposed use that is substantially similar to a use that is a permitted use, a permitted accessory use, a conditional use, or a use permitted as a special exception in this zoning district may be permitted if the Director determines, after considering the proposed use's operating characteristics and impact on the neighboring properties, roads and community, that:
1.
The proposed use is not likely to create any more danger to health and safety in surrounding areas than the listed use; and
2.
The proposed use will not create any more offensive noise, heat, smoke, odor, glare, and other objectionable influences than the listed use and will not have a greater traffic or parking impact than the listed use.
If the Director determines that the proposed use may be permitted, the regulations applicable to the use listed in the district regulations shall apply to the proposed use.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-136.- Purpose of the district.
The purpose of this district is to provide for the development of attractive and efficient mixed use development, including a variety of office, retail, service, and limited industrial uses within a planned environment with unified development standards which are in addition to other standards and requirements contained within this article. Regulations specified within this district are intended to insure uniform standards throughout the district, the minimum lot size within the project, landscaping, signage, architectural treatment, and building height in order to provide for the appropriate use of the land, the compatibility of the development with adjoining uses, and the protection of the health, safety, and welfare or the citizens of the county.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-137. - Covenants required.
The developer shall submit draft restrictive covenants as part of the rezoning application. The required covenants shall apply to each tract within the project, shall run with the land, and shall be recorded prior to site plan or subdivision approval throughout the district. The covenants shall contain, at a minimum, the following provisions:
1.
The covenants shall establish an organization or other legal entity for the perpetual ownership and maintenance of all common areas and facilities within the project.
2.
The covenants shall establish an architectural control committee which shall be empowered to review and approve all proposed buildings and other structures, including signs, within the project to assure conformity with the architectural treatment specified in the rezoning application and approved by the Board.
3.
The covenants may be amended subsequent to the rezoning, but changes shall be submitted to the Planning Department. All required elements specified herein shall be retained.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-138. - Permitted uses.
A building or land shall be used only for the following purposes:
1.
Commercial uses:
a.
Any use permitted in the B-1 Neighborhood Business District.
b.
Business and professional schools and trade or vocational schools, but not involving combustion engines, heavy duty trucks, heavy equipment, construction machinery, or similar vehicles or equipment.
c.
Data processing center, internet service providers (ISPs), search portals and related services.
d.
Hotel, motel, or motor lodge.
e.
Motion picture and sound recording industries.
2.
Limited industrial uses:
a.
The manufacturing, compounding, processing, packaging or treatment of the following:
(1)
Cosmetics.
(2)
Electrical appliances and machinery and hardware products.
(3)
Electronic and computer products.
(4)
Medical equipment and supplies.
(5)
Musical instruments.
(6)
Perfumes.
(7)
Pharmaceuticals and medicines.
(8)
Soaps (compounding only).
(9)
Tools and dies.
(10)
Toys, games and dolls.
b.
Drafting services.
c.
The permanent placement or removal of clean earth fill, including all related excavation and filling activities, provided:
(1)
If the placement or removal is done in connection with the development of a property and the clean earth fill is being relocated on the same property, such placement or removal shall be permitted when it is done in furtherance of an approved site plan or construction plan.
(2)
If the placement or removal is done in connection with the development of another property and the clean earth fill is either being transported to or from the property, such placement or removal shall be permitted when the source and destination of the clean earth fill are properly permitted with the applicable state and local regulatory authorities.
(3)
If the placement of fill is not being done in furtherance of an approved site plan or construction plan and the average depth of clean earth fill being added is greater than one (1) foot, the property owner shall record a plat, approved by the director of public works, showing the locations where the fill has been placed. This plat shall be recorded in the office of the clerk of the circuit court of the county, within thirty (30) days of the conclusion of the placement or filling activities on the property.
d.
Photographic processing or blueprinting.
e.
Printing and publishing.
f.
Railroad spur tracks.
g.
Research and development in the physical, engineering and life sciences (not testing of combustion engines or explosives).
h.
Telecommunications towers and related facilities, in accordance with the standards of sections 26-282 through 26-292:
(1)
On properties that are located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, that do not exceed fifty (50) feet in height;
(2)
Otherwise, that do not exceed one hundred (100) feet in height.
i.
Warehousing, storage, wholesaling and distribution (not truck terminals or self-storage facilities).
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-139. - Permitted accessory uses.
1.
For those B-1 Neighborhood Business District uses permitted above, any permitted accessory use that is permitted under the B-1 Neighborhood Business District regulations is allowed.
2.
The location of office or construction trailers for a period not to exceed one (1) year.
3.
Residence, when located within a permitted principal structure, for a person employed on the premises as a resident manager, caretaker, or security guard. There shall be only one (1) such residence per structure.
4.
Parking garages, accessory to permitted uses.
5.
Promotional events, in accordance with the following:
a.
A permit is issued by the Director. All requests for promotional event permits shall be submitted at least five (5) business days before the promotional event. The application for a promotional event permit shall describe the activities planned and shall contain a sketch plan showing the location of existing structures, parking areas, vehicle entrances and exits, and pedestrian walkways, and the proposed location of the promotional event activities.
b.
A promotional event permit may be issued for a period not to exceed three (3) consecutive days.
c.
Promotional events involving the outdoor display of goods and merchandise shall be conducted within an area immediately adjacent to the place where such items are customarily sold.
d.
No required off-street parking space, area used for vehicular ingress or egress, access drive or loading area shall be utilized for such display or activity.
e.
A promotional event permit shall not authorize yard sales, flea markets, or other display or sale of used merchandise other than that normally sold by the business holding the promotional event.
f.
Promotional events may only occur during the normal business hours of operation on the property.
g.
If a private sidewalk or pedestrian way in front of the building is used for the display of merchandise or for any activity related to the promotional event, a minimum width of four feet must remain unobstructed for pedestrian use.
All other promotional events shall be considered "promotional activities."
6.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the Director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-263, unless visually obstructed by existing vegetation or other structures on site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency..
7.
Tier 1 battery energy storage systems.
8.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
9.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-05, § 6, 7-23-14; Ord. No. 22-08, § 11, 11-9-22; Ord. No. 23-14, § 13, 10-25-23)
Section 26-140. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Any B-2 or B-3 use not already specifically allowed in this district.
2.
Any project wherein the total floor area for limited industrial uses exceeds fifty (50) percent of the project's gross floor area.
3.
Auditorium or lecture hall.
4.
Fitness center.
5.
Golf course (not miniature golf).
6.
Heliport or helistop.
7.
Limited industrial uses which exceed the floor area limitations set forth in section 26-141, below.
8.
Public or governmental buildings and uses, including libraries, fire stations (volunteer or otherwise), parks, parkways, and playgrounds.
9.
Public utilities or public service buildings; generating, purification, or treatment plants; pumping or regulator stations, substations; and power transmission lines not otherwise allowed as a permitted use.
10.
Recreation facility, indoor.
11.
Recreation facility, outdoor.
12.
Research and development in the physical, engineering and life sciences (including testing of combustion engines as accessory to principal use).
13.
Sports and recreational instruction (indoor).
14.
Telecommunications towers and related facilities that exceed one hundred forty (140) feet in height and temporary telecommunications towers and related facilities of any height, in accordance with the standards of sections 26-282 through 26-292.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 14-04, § 1, 6-11-14)
Section 26-141. - Use restrictions.
1.
All uses shall be conducted within a completely enclosed building.
2.
Commercial uses can comprise up to one hundred (100) percent of the project's gross floor area.
3.
Limited industrial uses shall be limited to fifty (50) percent of the gross floor area of the district, and the limit on floor area stated on the sketch plan submitted and approved with the rezoning application. Additional floor area may be developed for limited industrial uses with a conditional use permit granted by the Board in accordance with the procedures set out in the Zoning Ordinance.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-142. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Outdoor displays (but not including seasonal displays) or promotional activities.
2.
Day nurseries or child or adult day care centers.
3.
Telecommunications towers and related facilities, in accordance with the standards of sections 26-282 through 26-292:
(a)
On properties that are located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, that exceed fifty (50) feet in height but do not exceed one hundred forty (140) feet in height;
(b)
Otherwise, that exceed one hundred (100) feet in height but do not exceed one hundred forty (140) feet in height.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-143. - Other uses not specifically listed.
A proposed use that is substantially similar to a use that is a permitted use, a permitted accessory use, a conditional use, or a use permitted as a special exception in this zoning district may be permitted if the Director determines, after considering the proposed use's operating characteristics and impact on the neighboring properties, roads and community, that:
1.
The proposed use is not likely to create any more danger to health and safety in surrounding areas than the listed use; and
2.
The proposed use will not create any more offensive noise, vibration, dust, emissions, heat, smoke, odor, glare, and other objectionable influences than the listed use and will not have a greater traffic or parking impact than the listed use.
If the Director determines that the proposed use may be permitted, the regulations applicable to the use listed in the district regulations shall apply to the proposed use.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-144. - Development standards.
The following standards shall be in addition to the requirements specified elsewhere in this article:
1.
Street access. At least one access intersection (the intersection of an existing public road and a road constructed as part of the office/service district) shall be located on a major arterial, minor arterial, or major collector road as designated on the Major Thoroughfare Plan. Any direct access, other than access intersections, onto a Major Thoroughfare shall be designed for right-turn-in/right-turn-out access only. All access to the district shall be shown on the sketch plan and approved at the time of rezoning. No other access shall be permitted without amendment of the sketch plan.
2.
Buffers and open space.
a.
Project perimeter buffer. A continuous buffer no less than fifty (50) feet in width shall be established along the boundary of the office/service district, where the boundary is contiguous with a residential district. In all other cases, a buffer no less than twenty-five (25) feet in width shall be established and maintained.
(1)
No building or parking areas shall be permitted within the required buffer area.
(2)
A visual screen consisting of a berm, fence, or screen planting, in accordance with standards contained in section 26-263, shall be provided along the inner perimeter established by the buffer where the buffer is contiguous with a residential zone or a designated scenic road.
(3)
Drainage, utility, or other easements may penetrate the buffers to the minimum extent necessary and shall be perpendicular to the buffer to the extent practicable. Should it be necessary to locate drainage, utilities, or other easements within these areas, the buffer width shall be increased by the required width of the easement to compensate for the encroachment and maintain the integrity of the project perimeter.
b.
Open space. In addition to the required buffer, at least twenty (20) percent of the area within each project shall be used for permanent open space. This area may be used for landscaping, lawns, screening, outdoor recreation areas, and other similar uses designated on the sketch plan and approved by the Board. The area of the street buffer, and the area used for parking lot landscaping, may be used to satisfy this requirement.
Within the open space, at least five (5) deciduous trees per gross acre for each project shall be provided and maintained. Each tree shall be at least three (3) inches in caliper, measured six (6) inches from the ground, at the time of occupancy. Installation shall be administered in accordance with section 26-192. Existing trees within each project may be used to satisfy this requirement. For the purposes of this article, gross acre shall mean the total area of the site minus the area devoted to parking.
c.
Street buffer. There shall be a continuous buffer no less than twenty (20) feet in width along each side of every public road within the office/service district. Within the buffer, landscaping, in accordance with the standards specified in section 26-263, shall be provided. In addition, the trees required for open space areas, as described above, may be planted within this buffer. No structure, parking, or driveways shall be permitted within this area except for vehicular and pedestrian ingress and egress areas and signs.
d.
The requirements of this subsection may be modified by the Board in conjunction with review and approval of the sketch plan, provided that the sketch plan shall accurately depict any proposed modification. Prior to approving any modification, the Board shall determine that such a modification is appropriate due to the design of the site, height or placement of buildings and other facilities, topography or other features unique to the site, and that such modification would not adversely affect the use and enjoyment of adjacent and neighboring properties or the character of property within the zoning district.
3.
Parking lot landscaping. Any parking lot containing more than ten (10) spaces shall be landscaped according to the requirements specified in section 26-192.
4.
Preservation of existing trees. Trees may be removed without replacement within the area of any road or utility easement on site, or of the footprint of the building, parking lot, or entrance to the site, and within twenty (20) feet of the foundation of a structure and within ten (10) feet of the perimeter of a driveway or parking area. The proposed development shall be designed to minimize the disturbance or destruction of any existing healthy trees on the remainder of the site. No healthy tree with a caliper of fifteen (15) inches or greater, measured six (6) inches from the ground, shall be removed from the site unless such trees are replaced. No replacement tree shall have a caliper less than three (3) inches, and the total caliper of replacement trees shall equal or exceed the total caliper of trees fifteen (15) inches or greater removed from the site. These replacement trees shall be in addition to any other required landscaping.
5.
Public water and sewer. Any development within the office/service district shall be served by public water and sewer.
6.
Utility lines. All utility lines, such as electric, telephone, cable television, or other similar lines, shall be placed underground. This requirement shall apply to lines serving individual sites as well as the lines serving the overall project. All junction and access boxes shall be screened with appropriate landscaping. To the extent possible, utility service lines shall be located so as to disturb as little natural vegetation on-site as possible.
7.
Outside storage. There shall be no outside storage of equipment, materials, or supplies, except that an outdoor trash receptacle may be used as long as it is enclosed within an area which is completely screened from view and which is architecturally compatible with the building(s) on site. Vehicles used in conjunction with a permitted use in the project may be stored within a parking area designed for such use, but the parking area shall be landscaped in accordance with the standards of section 26-192, and shall be screened in accordance with the requirements of section 26-263. Chain-link, wire mesh, and similar fence materials shall not be permitted in this district.
8.
Exterior lighting. Light structures in this district shall not exceed twenty (20) feet in height and shall be directional, with the light source shielded from direct view from any location off site. The height restriction may be modified by the Board in conjunction with review and approval of the sketch plan, provided that a detailed lighting plan depicting the location of lighting fixtures shall be provided with the sketch plan. Prior to approving any modification, the Board shall determine that such a modification is appropriate due to the design of the site, height or placement of buildings and other facilities, topography or other features unique to the site, and that such modification would not adversely affect the use and enjoyment of adjacent and neighboring properties or the character of property within the zoning district.
9.
Loading spaces. Loading spaces shall be provided in accordance with the requirements of sections 26-259 through 26-263. Such spaces shall be located so that the spaces are not visible from any of the project perimeters adjoining any residential district.
10.
Architectural treatment. Typical elevations defining the style of architecture to be used in the district shall be submitted with the sketch plan and approved by the Board. Materials to be used within the district shall also be specified, and shall be limited to brick, granite, marble, decorative block glass wall, glass curtain wall, architectural stone, architectural precast, architectural concrete, architectural block (including split face block), metal and glass curtain wall, metal curtain construction systems, architectural metals, synthetic stucco, or other materials accepted by the Board at the time of rezoning as being of similar quality. The visible exterior wall surfaces (front, sides, and rear) of each building shall be similar in architectural treatment and materials where visible from any public roadway or adjoining residential district. All rooftop equipment shall be screened from public view.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-145. - Minimum district area required.
To be eligible for development under the provisions of this article, a tract of land must comprise a minimum of ten (10) acres. The land within existing and proposed roadways shall not be included.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-146. - Lot size requirements.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-147. - Yard requirements.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-148. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right:
(i)
On properties located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the Hanover County comprehensive plan, shall not exceed fifty (50) feet;
(ii)
On all other properties, shall not exceed one hundred (100) feet.
b.
Permitted with a special exception: shall not exceed one hundred forty (140) feet.
c.
Permitted with a conditional use permit: may exceed one hundred forty (140) feet
2.
All structures not specifically exempted in section 26-248 shall not exceed a height three (3) stories or forty-two (42) feet, whichever is less, when the structure is located within two hundred fifty (250) feet of a residential district. When structures are located more than two hundred fifty (250) feet from a residential district, the maximum height shall be five (5) stories or seventy (70) feet, whichever is less.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-149. - Site plan required.
Prior to the issuance of a building permit for any structure within the project, a site plan shall be prepared and submitted for review and approval in accordance with the requirements of section 26-319, and the requirements specified within this article.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-150. - Overall sketch plan required.
A sketch plan for development of the district shall accompany the application for approval of a request for rezoning. The Board shall consider the sketch plan simultaneously with the rezoning and may approve, approve with modifications, or disapprove the plan. Subsequent preliminary site plans for individual parcels, as required above, shall be reviewed for conformity with the approved sketch plan. During the development of the project, minor deviations from the approved sketch plan shall be permitted in accordance with the standards specified in section 26-320, for minor site plan amendments, if the planning commission determines that such deviations are necessary and that the deviations will not materially alter the character of the approved plan. The sketch plan shall contain the following information:
1.
The proposed title of the project, the name of the person(s) who prepared the plan, and the name of the developer.
2.
The north point, scale, and date. The scale of the sketch plan shall be as follows:
a.
For projects containing more than two hundred (200) acres, not more than two hundred (200) feet to one (1) inch.
b.
For projects containing fifty (50) to two hundred (200) acres, not more than one hundred (100) feet to one (1) inch.
c.
For projects containing more than ten (10) acres but less than fifty (50) acres, not more than fifty (50) feet to one (1) inch.
3.
Existing zoning and zoning district boundaries.
4.
The boundaries of the property involved, county or municipal boundaries, the general location of all existing easements, and property lines, existing streets, buildings, or waterways, major tree masses and other existing physical features in or adjoining the project. Individual trees required to be preserved or replaced shall be shown on the individual site plans.
5.
Topography of the project area with contour intervals of five (5) feet or less.
6.
The general location of sanitary and storm sewers, water mains, culverts, and other existing underground structures within the district or from which service will be provided to the district.
7.
Proposed changes in zoning, if any.
8.
The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, and outdoor lighting systems.
9.
General location(s) of all proposed buildings and structures, accessory and main, or major excavations, and the projected use category for each building.
10.
General location, height, and types of proposed fences, walls, screen plantings, berms, and landscaping. The required perimeter buffer shall be shown, including a typical section.
11.
A tabulation of total number of acres in the district, the gross floor area requested for the district, and the floor area planned for commercial use and for limited industrial use.
12.
Typical elevations, defining both the style(s) of architecture and materials to be used.
13.
Proposed sign program, including design and materials.
14.
The location of ponds, streams, and natural drainage swales, mapped dam break inundation zones, and one hundred-year flood plains, as well as all resource protection areas as defined under the Chesapeake Bay preservation requirements and slopes of twenty-five (25) percent or greater.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-151.- Purpose of the district.
The purpose of this district is to encourage large-scale business park or research park developments within the suburban service area as depicted on the conservation and phased suburban development plan in the county comprehensive plan as a means of creating a high-quality working environment, including walkability, landscaping, open spaces, and unified architectural themes, enabling the provision of employment opportunities closer to places of residence, thereby reducing traffic generation and travel times to and from work. The enhanced development standards specified herein are intended to provide for appropriate use of the land; to reduce the potential impact on adjoining residential communities; to protect unique and valuable landscape or natural features; to encourage preservation and more efficient use of open space; and to offer an opportunity for design flexibility and innovations which may result in greater protection of the health, safety, and welfare of the citizens of the community at large.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-152. - Permitted uses.
(a)
Permitted office, professional and other non-retail uses.
1.
Office, general business, governmental, medical or professional.
2.
Data processing centers and call centers.
3.
Laboratories, research, experimental or testing, but not testing combustion engines or explosives.
4.
Motion picture studio.
5.
Photographic processing or blueprinting.
6.
Printing and publishing.
7.
College or university.
8.
Business and professional schools and trade or vocational schools, but not involving combustion engines, heavy duty trucks, heavy equipment, construction machinery, or similar vehicles or equipment.
9.
Conference or training center.
10.
Performance arts center.
11.
Hospitals and clinics.
12.
Facilities and structures necessary for rendering utility service, including poles, wires, transformers, utility cabinets and pedestals, and the like for normal electrical power distribution or communication service, pipelines or conduits for electrical gas, sewer, or water service, and pipelines, conduits and transmission lines located within the suburban service area as depicted on the phased suburban development plan map in the county comprehensive plan and used to connect to the public water and sewer system owned by the county, but not including buildings, treatment plants, pumping or regulator stations, substations, and power transmission lines which are permitted as conditional uses.
13.
Telecommunications towers and related facilities, in accordance with the standards set forth in sections 26-282 through 26-292:
(a)
On properties that are located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, that do not exceed fifty (50) feet in height;
(b)
Otherwise, that do not exceed one hundred (100) feet in height.
(b)
Permitted retail-based uses.
1.
Financial institutions, including savings and loans, loan companies, and banks, including drive-in windows, as long as driveway space is provided off-street for vehicles waiting for service.
2.
Bakeries occupying not more than one thousand five hundred (1,500) square feet of floor area and provided all products produced on the premises shall be sold at retail on the premises.
3.
Personal service establishment.
4.
Catering or delicatessen business.
5.
Dry-cleaning, pressing, or laundry pickup stations where no cleaning, pressing, or laundering is conducted on the premises (floor area no greater than one thousand five hundred (1,500) square feet).
6.
Hospital or clinic for small animals, dogs, cats, birds, and the like, provided that such hospital or clinic and any treatment rooms, cages, pens, or kennels be maintained within a completely enclosed, soundproof building and that such hospital or clinic be operated in such a way as to produce no objectionable noise or odors outside its walls.
7.
Convenience store with less than five thousand (5,000) square feet of floor area, including gasoline pumps or drive-in window food sales.
8.
Parking lots, parking spaces, and parking areas.
9.
Printshop, with a floor area no greater than one thousand five hundred (1,500) square feet.
10.
Restaurants, but not drive-in restaurants.
11.
Shoe repairing shops occupying not more than two thousand five hundred (2,500) square feet of floor area.
12.
Shops for the sale, service, or repair of home appliances, office machines, electrical and television and radio equipment occupying not more than two thousand five hundred (2,500) square feet of floor area.
13.
Stores or shops for the conduct of retail business, including sale of accessories, beverages, drugs, food, furniture, garden supplies, groceries, hardware, hobby supplies, office supplies, paint, sporting goods, and stationery, and similar stores and shops, but not including any adult use.
14.
Studios for artists, photographers, teachers, sculptors, or musicians.
15.
Undertaking business or establishment or funeral homes.
16.
Flower shops and greenhouses incidental thereto.
17.
Hotel, motel, or motor lodge.
18.
Health or fitness center.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-152.1. - Permitted accessory uses.
1.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
2.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
(Ord. No. 23-14, § 14, 10-25-23)
Section 26-153. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Any conditional use listed in the OS, Office Service District, except those uses already permitted and any industrial uses.
2.
Telecommunications towers and related facilities that exceed one hundred forty (140) feet in height and temporary telecommunications towers and related facilities of any height, in accordance with the standards set forth in sections 26-282 through 26-292.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-154. - Special exceptions.
The following uses may be permitted as special exceptions:
Any special exception use listed in the B-1, Neighborhood Business District or the OS, Office Service District.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-155. - Minimum district area.
(a)
The minimum area for a Business Park District shall be thirty (30) acres, although a district of less area may be considered if the land has unique topography or landscaping features, or is in an area which justifies application of the district to a smaller area.
(b)
For each of the designated uses, the following minimum areas shall apply:
1.
No less than twenty-five (25) percent of the gross acreage, or twenty (20) percent of the net developable area of the overall district, whichever is greater, shall be set aside as open space. This may include common open areas, plazas, areas improved for recreation, historic sites, and any buffers provided for the district. Active and passive recreation may be provided within the open space. For purposes of this ordinance, "net developable area" shall be defined as the total acreage of the site minus those areas in floodplains, Chesapeake Bay Protection Areas, wetlands, and slopes of twenty-five (25) percent or greater.
2.
No more than thirty (30) percent of the net developable area shall be used for retail-based development as described in subsection b of section 12B.2. When the uses listed in that section are mixed within other uses permitted by right, or with a conditional use permit or special exception, the area of development shall not be calculated as retail-based development.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-156. - Procedures; master plan required.
(a)
A master plan complying with the requirements specified in this article shall accompany an application for approval of a BP District. The Board, if it approves the request, may adopt conditions for the development of the Business Park District.
(b)
Once approved, any amendments to the BP District or to the master plan shall be in accordance with the procedures set forth in section 26-320. The master plan shall guide the general location of all features of the community, including land uses, open spaces, buffers, roads, public uses, and other features. Approved final plats and plans shall supersede the master plan.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-157. - Master plan; requirements.
The master plan shall be prepared by a licensed surveyor, engineer, architect, landscape architect, or planner. The scale shall be appropriate to permit the entire project to be represented on a sheet of paper no larger than thirty (30) inches by forty-eight (48) inches.
The master plan shall include the following:
1.
The proposed title of the project and the name of the engineer, architect, designer, or landscape architect, and the owner/developer.
2.
The northpoint, scale, and date. Plans for districts less than one hundred (100) acres shall be drawn at a scale of not less than one (1) inch to two hundred (200) feet, and shall include an area within one thousand (1,000) feet of the boundary of the proposed district. For proposed districts of one hundred (100) acres or more, the scale shall be not less than one (1) inch to four hundred (400) feet, and shall include the area within two thousand (2,000) feet of the proposed district. Within the boundaries of the project, a circle with a radius of one thousand two hundred (1,200) feet shall be inscribed around each area used for retail-based uses, with the centerpoint located at the center of the area used for retail-based uses. This depiction may be provided on a separate plan sheet.
3.
Zoning and zoning district boundaries, both existing and proposed.
4.
Vicinity sketch at a scale no greater than one (1) inch to two thousand (2,000) feet.
5.
Location of existing environmental, topographical, and historic resources including:
a.
Topography, at an interval of two (2) feet.
b.
Aquifer recharge areas, based on available published information (USGS maps or other sources approved by the county).
c.
The location of ponds, streams, and natural drainage swales, mapped dam break inundation zones, and one hundred-year flood plains, as well as all resource protection areas as defined under the Chesapeake Bay Preservation requirements and slopes of thirty-five (35) percent or greater.
d.
Location of all historic structures and resources including but not limited to those identified in the county historic site survey (including those on any contiguous tract), abandoned roads, cemeteries, and military earthworks. All features to be preserved shall be clearly noted on the plan.
e.
Other existing natural features on the property, including tree masses, wood lines, and a depiction of any proposed modifications to the feature.
6.
Proposed lot lines.
7.
Proposed square footage of commercial and institutional buildings.
8.
Designation of areas of common space, with a description of proposed improvements and landscaping where appropriate, and active and passive recreation areas.
9.
General location of proposed structures.
10.
A project design manual, to include descriptions, depictions, and typical drawings for the following:
a.
An overall project description establishing the intended community characteristics, design themes, and elements to be incorporated into the project, to include concepts related to bulk and scale, physical relationships, and material composition.
b.
Proposed typical elevations for all structures, as well as the following typical details:
i.
Facade materials, including the use of color(s);
ii.
Building height, length, and depth;
iii.
Roof lines and materials;
iv.
Eave design details (including columns and railings);
v.
Door, entryway, and trim design details (including loading bay doors); and
vi.
Window, trim, and shutter design details.
c.
Landscape details, including plant materials to be used throughout the project, typical planting details and location(s), amenities, including street furniture, light fixtures, recreational improvements, and all other hardscape for the following areas:
i.
External buffers along major thoroughfares, and where proposed along common external boundaries;
ii.
Internal buffers;
iii.
Internal roads;
iv.
Common and public areas; and
v.
Parking lots.
d.
Neighborhood design characteristics including:
i.
Internal road functional classifications
ii.
Typical road section plans for each functional classification, to include both plan and cross section views
iii.
Proposed setback lines for each type of road as described in "i" above (if applicable)
iv.
Proposed build-to lines for each type of road as described in "i" above (if applicable)
v.
Typical streetscape design for each classification of road or neighborhood.
e.
Pedestrian system, including type(s) of paving or impervious surface to be used.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-158. - Relationship of final plans and final plats to master plan.
Following the establishment of a Business Park District and approval by the Board of a master plan, a subdivision plat or site plan may be submitted for any section of the district shown on the master plan. The plats or site plans shall be reviewed by the planning commission in accordance with the procedures set forth in this Ordinance. All plats and site plans shall be in substantial conformity with the approved master plan. Where land is to be subdivided within the district, the plats shall comply with the requirements specified in the Subdivision Ordinance. Where land is not to be subdivided, the plans shall comply with the requirements of division 2 of article 6.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-159. - Development standards.
The following standards shall apply to all Business Park Districts:
1.
All BP Districts shall be developed with public utilities.
2.
Recreation areas, when proposed for inclusion in the district, shall be designated on the master plan. When improved with playground equipment, playing fields, tennis courts, swimming pools, or other recreational facilities, such improvements shall be detailed on the plan. All improvements shall be constructed prior to issuance of any certificate of occupancy within the area of the project served by the recreation area, or shall be bonded as a subdivision improvement. The recreational areas and facilities shall be owned and maintained by either the developer or the owners' association.
3.
Parking shall be provided as specified in division 4 of article 5. Within the project, on-street parking shall be permitted and shall be counted toward satisfaction of the required parking. All congregate parking areas within the district shall be developed and landscaped in conformance with the standards specified in section 26-192.
4.
Streets within the district may be public or private. The design for all private streets shall be included as part of the master plan and reviewed at the time of district approval. Curb and gutter shall be used throughout the development.
5.
Streetlights, when provided, shall not exceed a height of twenty-five (25) feet. All lights shall conform to the provisions of Division 6 of article 5: Site lighting requirements.
6.
Thoroughfare buffers shall be provided along existing major thoroughfares along the external boundary of the project, and along any proposed major thoroughfares within the project, as shown on the thoroughfare plan map. The buffer shall be no less than fifty (50) feet in width. Landscaping shall be provided as specified in section 26-264. Along the boundary of the district, there shall be a minimum natural buffer of one hundred (100) feet. If a berm is provided within the buffer, the width may be reduced to fifty (50) feet. When the buffer is reduced, it shall be landscaped as specified in section 26-264. Where pedestrian pathways are incorporated into the buffer, they shall be located within the first ten (10) feet of the buffer measured from the project side. Within a buffer being left in its natural state, only that vegetation necessary to establish the pedestrian path shall be removed. When the buffer includes a berm, the pedestrian path shall be located on the project side of the berm.
7.
To the extent possible, existing features which would enhance the value of the district, including trees, watercourses, historical sites, and similar assets, shall be preserved.
8.
Design standards for signs and light fixtures within the district shall be approved by the Board at the time of district approval.
9.
Open space shall be reasonably dispersed throughout the site, and, where possible, shall be connected by a pedestrian circulation system, including sidewalks. Open space areas shall be designed and located so as to provide public accessibility, emphasize inter-relationships between uses within the project, and create visual connections between spaces. They shall also contain features and amenities which encourage safe and continued public use, such as bandstands, pavilions, gazebos, benches, tables, and playgrounds. Uses are encouraged to be located to face squares, plazas, public areas, parks, and open space areas. Open spaces areas shall incorporate all lands deducted from the gross acreage to determine net acreage (floodplains, Chesapeake Bay Protection Areas, wetlands, and slopes of twenty-five (25) percent or greater). The open space shall be reasonably contiguous and avoid fragmentation so that areas of open space are not divided into numerous small parcels located in various parts of the development. The open space shall generally abut existing or potential open space land on adjacent parcels, and shall be designed as part of any existing or proposed larger contiguous and integrated greenway systems.
10.
No structure shall be located closer than one hundred (100) feet to the boundary of the district. Within the district, there shall be no minimum lot areas nor minimum lot front, rear, or side yard requirements except as approved as part of the master plan for the district or except as specified above.
11.
Structures may be constructed to a height of four stories or fifty (50) feet, although no structure shall be constructed on the premises to penetrate a plane of thirty (30) degrees extending from the boundary of the district.
12.
No use shall have direct access to any road outside of the district.
13.
No outside storage of equipment, materials, or supplies shall be permitted within the district, except that an outdoor trash receptacle may be used as long as it is enclosed within an area which is completely screened from view and which is architecturally compatible with the buildings on site. Vehicles used in conjunction with a permitted use in the district may be stored within a parking area designed for such use, but the parking area shall be landscaped in accordance with the standards of section 26-192, or shall be screened in accordance with the provisions of section 26-263. Chain link, wire mesh, and similar fencing materials shall not be permitted in this district.
14.
All utility lines shall be constructed underground.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-160. - Covenants required.
The developer shall submit draft restrictive covenants as part of the application for BP zoning. The required covenants shall apply to each tract within the project, shall run with the land, and shall be recorded prior to site plan or subdivision approval throughout the district. The covenants shall contain, at a minimum, the following provisions:
1.
The covenants shall establish an organization or other legal entity for the perpetual ownership and maintenance of all common areas and facilities within the district.
2.
The covenants shall establish an architectural control committee which shall be empowered to review and approve all proposed buildings and other structures, including signs, within the district to ensure conformity with the architectural standards established at the time of approval of the district by the Board.
3.
The covenants may be amended subsequent to approval of the district, but changes shall be submitted to the planning department. All required elements specified herein shall be retained.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-161.- Purpose of the district.
The purpose of this district is to provide sufficient space in appropriate locations for certain types of business and manufacturing, relatively free from offense, in modern landscaped buildings, to make available more attractive locations for these businesses and industries, and to provide opportunities for employment closer to places of residence with corresponding reduction of travel time from home and work. Certain commercial uses are permitted, primarily for service to employees in the district. Typical development in the district would be that which is commonly known as an "industrial park." In order to preserve the land for industry and to avoid conflicts between industry and residences, future residential uses are restricted.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-162. - Special conditions.
The uses permitted in this district shall be subject to the following special conditions:
1.
All uses shall be conducted within a completely enclosed building with no open storage of raw, in process, or finish material and supplies or waste material, except as specifically provided for in the district regulations or as may be permitted outside of the SDO Suburban Development Overlay as special exceptions by the Board. Finished or semi-finished products manufactured on the premises may be stored in the open if screened from the street by landscaping, fences, walls, or berms.
2.
All main plant buildings shall be of permanent and durable construction and limited to thirty-five (35) feet in height, unless otherwise approved by the Board.
3.
Adequate parking and loading space shall be provided off-street for all employees and traffic to the building; if necessary, in excess of the minimum requirements set forth in division 4 of article 5.
4.
Loading operations shall be conducted at the side or rear of buildings. Service drives or other areas shall be provided for off-street loading, and in such a way that in the process of loading or unloading, no truck will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation.
5.
The front yard shall include a landscaped buffer at least twenty-five (25) feet in depth measured from the front property line or the future right-of-way line shown on the adopted major thoroughfare plan, whichever is greater. The buffer shall be landscaped with at least one (1) deciduous tree, two (2) inches in caliper measured two (2) feet from the ground when planted, and one (1) evergreen tree, at least six (6) feet in height when planted, for each fifty (50) feet of lineal frontage; at least one (1) shrub, at least eighteen (18) inches in spread when planted, for each thirty (30) feet of lineal frontage; and other ground cover reasonably dispersed throughout the yard. The landscaping shall be maintained in a neat and attractive condition.
6.
No parking shall be permitted within the required landscaped buffer. No storage of material or products shall be permitted in the required front yard.
7.
All fencing shall be of uniform and durable character, shall be of masonry, wood, wrought iron, chain link, or similar material, and shall be properly maintained. No fences of wire, plastic, or vinyl shall be permitted.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-01, § 1, 3-11-15)
Section 26-163. - Permitted uses.
A building or land shall be used only for the following purposes:
1.
Any use permitted in the B-1 Neighborhood Business District, except for greenhouses and nurseries for growing plants, trees, and shrubs.
2.
The manufacturing, compounding, processing, packaging or treatment of the following:
(a)
Apparel.
(b)
Bakery products.
(c)
Bicycles and children's vehicles.
(d)
Blinds and shades.
(e)
Carpets and rugs.
(f)
Containers, boxes, baskets, or products of similar nature, but not plastic products.
(g)
Cosmetics.
(h)
Electrical lighting equipment.
(i)
Electronic and computer products.
(j)
Fabricated sheet metal products.
(k)
Fasteners, buttons, needles and pins.
(l)
Fiber and filament, artificial.
(m)
Fiber, fabric.
(n)
Food and beverages (blending, bottling, canning, manufacturing, packaging, or processing), but not distilling of beverages, slaughtering of animals, or processing or bulk storage of grain or feeds for animals.
(o)
Furniture, cabinets and related products.
(p)
Household appliances and small electrical equipment.
(q)
Jewelry and silverware.
(r)
Mattresses.
(s)
Medical equipment and supplies.
(t)
Musical instruments.
(u)
Office supplies, except paper manufacturing.
(v)
Perfumes.
(w)
Pharmaceuticals and medicines.
(x)
Soap (compounding only).
(y)
Sporting and athletic goods.
(z)
Textile and fabric finishing.
(aa)
Textile furnishings.
(bb)
Tools and dies.
(cc)
Toys, games and dolls.
(dd)
Vitreous enameled metal products.
3.
Agriculture and forestry, as permitted in the A-1 agricultural district.
4.
Data processing, ISPs, search portals and related services.
5.
Drafting services.
6.
Dwellings for resident watchmen and caretakers employed on the premises.
7.
Fitness center (not recreational facility).
8.
Machine shops.
9.
Motion picture and sound recording industries.
10.
Nursery for growing or propagation of plants, trees, and shrubs.
11.
The permanent placement or removal of clean earth fill, including all related excavation and filling activities, provided:
(a)
If the placement or removal is done in connection with the development of a property and the clean earth fill is being relocated on the same property, such placement or removal shall be permitted when it is done in furtherance of an approved site plan or construction plan.
(b)
If the placement or removal is done in connection with the development of another property and the clean earth fill is either being transported to or from the property, such placement or removal shall be permitted when the source and destination of the clean earth fill are properly permitted with the applicable state and local regulatory authorities.
(c)
If the placement of fill is not being done in furtherance of an approved site plan or construction plan and the average depth of clean earth fill being added is greater than one (1) foot, the property owner shall record a plat, approved by the director of public works, showing the locations where the fill has been placed. This plat shall be recorded in the office of the clerk of the circuit court of the county, within thirty (30) days of the conclusion of the placement or filling activities on the property.
12.
Photographic processing or blueprinting.
13.
Printing and publishing.
14.
Railroad spur tracks.
15.
Research and testing in the physical, engineering and life sciences (but not testing of combustion engines or explosives).
16.
Self-storage warehouse facility, in accordance with the standards of section 26-297.
17.
Sports and recreational instruction (indoor).
18.
Telecommunications towers and related facilities, but not towers:
(a)
Greater than fifty (50) feet in height, on properties that are located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, and
(b)
Greater than one hundred feet (100') in height on all other properties.
19.
Warehousing, storage, wholesaling, and distribution with a gross warehouse area less than seventy-five thousand (75,000) square feet in a single structure, or less than one hundred thousand (100,000) aggregate square feet in multiple structures shown on a single site plan. Such use shall be developed in accordance with the standards of Section 26-297.1.
20.
Wineries (not including vineyards).
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-10, § 6, 4-24-24)
Section 26-164. - Permitted accessory uses.
1.
For those B-1 Neighborhood Business District uses permitted above, any permitted accessory use that is permitted under the B-1 Neighborhood Business District regulations is allowed.
2.
Accessory uses as follows, on a farm of ten (10) acres or more:
(a)
Accessory structures for sale or processing of farm products raised on the premises.
(b)
Accessory open or enclosed storage of farm materials, products, or equipment.
(c)
Accessory farm buildings, including barns, stables, sheds, tool rooms, shops, bins, tanks, and silos.
(d)
Dwellings for persons permanently employed on the premises.
3.
The location of office or construction trailers for a period not to exceed one (1) year.
4.
Promotional events, in accordance with the following:
a.
A permit is issued by the Director. All requests for promotional event permits shall be submitted at least five (5) business days before the promotional event. The application for a promotional event permit shall describe the activities planned and shall contain a sketch plan showing the location of existing structures, parking areas, vehicle entrances and exits, and pedestrian walkways, and the proposed location of the promotional event activities.
b.
A promotional event permit may be issued for a period not to exceed three (3) consecutive days.
c.
Promotional events involving the outdoor display of goods and merchandise shall be conducted within an area immediately adjacent to the place where such items are customarily sold.
d.
No required off-street parking space, area used for vehicular ingress or egress, access drive or loading area shall be utilized for such display or activity.
e.
A promotional event permit shall not authorize yard sales, flea markets, or other display or sale of used merchandise other than that normally sold by the business holding the promotional event.
f.
Promotional events may only occur during the normal business hours of operation on the property.
g.
If a private sidewalk or pedestrian way in front of the building is used for the display of merchandise or for any activity related to the promotional event, a minimum width of four feet must remain unobstructed for pedestrian use.
All other promotional events shall be considered "promotional activities."
5.
Parking garages, accessory to permitted uses.
6.
Storage of goods used in or produced by permitted commercial and industrial uses or related activities, subject to applicable district regulations.
7.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the Director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-263, unless visually obstructed by existing vegetation or other structures on site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
8.
Tier 1 battery energy storage systems.
9.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
10.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
11.
Solar energy facility, supplementary, roof-mounted, in accordance with the standards of section 26-292.7.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-05, § 7, 7-23-14; Ord. No. 22-08, § 13, 11-9-22; Ord. No. 23-14, § 15, 10-25-23)
Section 26-165. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Any conditional use permitted in the A-1, Agricultural District or the B-1, Neighborhood Business District.
2.
Auditorium or lecture hall and recreation facilities primarily for employees in the district.
3.
Greenhouses, commercial, wholesale or retail.
4.
Parking garages, commercial or public.
5.
Sports and recreational instruction (outdoor).
6.
Tier 2 battery energy storage systems.
7.
Solar energy facility, supplementary, ground-mounted, in accordance with the standards of section 26-292.7.
8.
Warehousing, storage, wholesaling, and distribution with a gross warehouse area of seventy-five thousand (75,000) square feet or greater, or one hundred thousand (100,000) or greater aggregate square feet in multiple structures shown on a single site plan. Such use shall be developed in accordance with the standards of section 26-297.1.
9.
Recreational Substances, retail stores, in accordance with the standards of section 26-292.8.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 22-08, § 14, 11-9-22; Ord. No. 23-14, § 16, 10-25-23; Ord. No. 23-10, § 7, 4-24-24; Ord. No. 25-02, § 4, 5-28-25; Ord. No. 25-11, § 5, 8-27-25)
Section 26-166. - Special exceptions.
(1)
Any special exception permitted in the A-1, agricultural district, other than a bed and breakfast, not otherwise permitted in this district may be permitted as a special exception if approved by the Board.
(2)
Uses permitted as special exceptions outside of the SDO Suburban Development Overlay District. The following uses may be permitted as special exceptions outside of the SDO Suburban Development Overlay District if approved by the Board:
a.
Agricultural or farm implements, manufacture, sale, storage, or repair.
b.
Fertilizer storage in bags or bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building, but not manufacture or processing.
c.
Flour and feed milling, processing, and packaging.
d.
Grain storage.
e.
Lumber and other building material, storage and sales, open or enclosed, but not manufacture, steel fabricating or junk storage.
f.
Outdoor storage of goods or materials used in or produced by permitted commercial and industrial uses or related activities, subject to applicable district regulations.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 25-02, § 5, 5-28-25)
Section 26-167. - Other uses not specifically listed.
Other uses not specifically listed: A proposed use that is substantially similar to a use that is a permitted use, a permitted accessory use, a conditional use, or a use permitted as a special exception in this zoning district may be permitted if the Director determines, after considering the proposed use's operating characteristics and impact on the neighboring properties, roads and community, that:
1.
The proposed use is not likely to create any more danger to health and safety in surrounding areas than the listed use; and
2.
The proposed use will not create any more offensive noise, vibration, dust, emissions, heat, smoke, odor, glare, and other objectionable influences than the listed use and will not have a greater traffic or parking impact than the listed use.
If the Director determines that the proposed use may be permitted, the regulations applicable to the use listed in the district regulations shall apply to the proposed use.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-168. - Lot size requirements.
Notes:
1.
Averaging lot area is permitted only in subdivisions of two (2) or more lots.
2.
Lot width is measured at the building line.
3.
Minimum street frontage is one hundred (100) feet.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-169. - Yard requirements.
Notes:
1.
Side and rear yards required only adjacent to a residential district.
2.
The front yard setback shall be measured from the future right-of-way line as shown on the major thoroughfare plan.
3.
Loading platforms for rail service may extend into a required side or rear yard.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-01, § 2, 3-11-15)
Section 26-170. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right:
(i)
On properties located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, shall not exceed fifty (50) feet;
(ii)
On all other properties, shall not exceed one hundred (100) feet.
b.
Permitted with a special exception: shall not exceed one hundred forty (140) feet.
c.
Permitted with a conditional use permit: may exceed one hundred forty (140) feet.
2.
All structures not specifically exempted in section 26-248 shall not exceed a height of two and one-half (2.5) stories or thirty-five (35) feet, whichever is less.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-171.- Purpose of the district.
The purpose of this district is to provide for a wide variety of light manufacturing, fabricating, processing, wholesale distributing, and warehousing uses appropriately located for access by major thoroughfares or railroads. Commercial uses and open storage of materials are permitted but new residential development is excluded.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-172. - Permitted uses.
A building or land shall be used only for the following purposes:
1.
Any use permitted in the B-0, business office district, B-1, neighborhood business district, or the M-1, limited industrial district.
2.
The manufacturing, compounding, processing, packaging or treatment of the following:
(a)
Containers, boxes, baskets or products of similar nature made from metal, fiber or plastic products.
(b)
Converted paper products.
(c)
Disinfectants, or related industrial or household chemical compounds (blending only).
(d)
Fabricated ornamental iron products and other fabricated metal products (not structural), including firearms.
(e)
Flour and feed (milling, processing, and packaging only).
(f)
Heating, ventilating, cooking and refrigeration supplies and appliances.
(g)
Industrial electrical equipment.
(h)
Ice, including dry ice.
(i)
Ink (mixing only).
(j)
Leather and allied products, but not tanning operations.
(k)
Machinery.
(l)
Paperboard boxes.
(m)
Plastics and rubber products.
(n)
Plating, electrolytic process.
(o)
Plumbing supplies.
(p)
Pottery and figurines or similar ceramic products and kilns (fired by electricity or gas only).
(q)
Signs.
(r)
Tobacco and tobacco products (including wholesale and distribution).
(s)
Vegetable oil.
(t)
Veneer, plywood and engineered wood products.
(u)
Wood containers and pallets.
3.
Agricultural or farm implements, manufacture, display, sale, storage or repair where display and storage are accessory to the principal use.
4.
Aluminum extrusion, rolling, fabrication and forming, foundry products (electrical only).
5.
Animal hospital.
6.
Automobile, tractor, truck, bus, motorcycle body and fender repair.
7.
Automobile, tractor, truck, bus, motorcycle radiator repair and cleaning.
8.
Automobile, tractor, truck, bus, motorcycle repair, general.
9.
Automobile, tractor, truck, bus, motorcycle tire retreading, recapping and vulcanizing.
10.
Automobile, tractor, truck, bus, motorcycle transmission repair service.
11.
Blacksmith shop.
12.
Boat and boat trailer sales, both new and used, where storage, display, and repair are accessory to the principal use.
13.
Brewery.
14.
Carpet and rug cleaning.
15.
Coal and wood yards, coke storage and sales.
16.
Coating, engraving, and allied activities.
17.
Commercial and industrial machinery and equipment sales, rental and leasing.
18.
Commercial landscaping operation.
19.
Construction equipment sales, rental or leasing.
20.
Vehicle and equipment storage if located in an industrial park established by subdivision construction plan or plat approved prior to May 28, 2025.
21.
Craft brewery.
22.
Dry cleaning plants.
23.
Exterminating establishment.
24.
Fertilizer storage in bags or bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building, but not manufacture or processing.
25.
Furniture refinishing.
26.
Grain storage.
27.
Greenhouses, commercial, wholesale or retail.
28.
Industrial gases (storage, transfer and distribution only; provided that such storage occurs in tanks no larger than five thousand (5,000) gallons and does not exceed twenty thousand (20,000) gallons per lot).
29.
Industrial vocational training school, including internal combustion engines.
30.
Insecticides and fungicides (blending only).
31.
Kennels, boarding or otherwise.
32.
Laundry and linen services.
33.
Lumber and other building material, storage and sales, open or enclosed, but not manufacture, steel fabricating or junk storage.
34.
Lumber yards.
35.
Millwork.
36.
Poultry packing and slaughtering (wholesale).
37.
Product finishing (enameling, lacquering, etc.).
38.
Railroad switching yard, primarily for railroad service in the district, team tracks and spur tracks.
39.
Recreational vehicle sales and rentals, both new and used, where storage, display, and repair are accessory to the principal use.
40.
Tire sales and service.
41.
Transportation equipment manufacturing, except locomotive and railroad car building and repair.
42.
Truck sales and repairs, including body or fender repairs.
43.
Water well drilling services.
44.
Welding or soldering shops.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 14-12, § 6, 12-10-14; Ord. No. 23-11, § 3, 10-25-23; Ord. No. 23-10, § 8, 4-24-24; Ord. No. 25-02, § 6, 5-28-25)
Section 26-173. - Permitted accessory uses.
1.
For those B-O Business Office District, B-1 Neighborhood Business District and M-1 Limited Industrial District uses permitted above, any permitted accessory use that is permitted under the corresponding district regulations is allowed.
2.
The location of office or construction trailers for a period not to exceed one (1) year.
3.
Parking garages, accessory to permitted uses.
4.
Promotional events, in accordance with the following:
a.
A permit is issued by the Director. All requests for promotional event permits shall be submitted at least five (5) business days before the promotional event. The application for a promotional event permit shall describe the activities planned and shall contain a sketch plan showing the location of existing structures, parking areas, vehicle entrances and exits, and pedestrian walkways, and the proposed location of the promotional event activities.
b.
A promotional event permit may be issued for a period not to exceed three (3) consecutive days.
c.
Promotional events involving the outdoor display of goods and merchandise shall be conducted within an area immediately adjacent to the place where such items are customarily sold.
d.
No required off-street parking space, area used for vehicular ingress or egress, access drive or loading area shall be utilized for such display or activity.
e.
A promotional event permit shall not authorize yard sales, flea markets, or other display or sale of used merchandise other than that normally sold by the business holding the promotional event.
f.
Promotional events may only occur during the normal business hours of operation on the property.
g.
If a private sidewalk or pedestrian way in front of the building is used for the display of merchandise or for any activity related to the promotional event, a minimum width of four feet must remain unobstructed for pedestrian use.
All other promotional events shall be considered "promotional activities."
5.
Storage of goods or materials used in or produced by permitted commercial and industrial uses or related activities, subject to applicable district regulations.
6.
Telecommunications arrays, located on an existing structure provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the Director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-263, unless visually obstructed by existing vegetation or other structures on site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
7.
Tier 1 battery energy storage systems.
8.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
9.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
10.
Solar energy facility, supplementary, roof-mounted, in accordance with the standards of section 26-292.7.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-05, § 8, 7-23-14; Ord. No. 22-08, § 15, 11-9-22; Ord. No. 23-14, § 17, 10-25-23)
Section 26-174. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Any conditional use permitted in the A-1, Agricultural District or the B-1, Neighborhood Business District.
2.
Carwash or vehicle washing facility, automatic or otherwise.
3.
Parking garages, commercial or public.
4.
Private power generation plants, producing electricity for other users.
5.
Propane storage and distribution.
6.
Sports and recreational instruction (outdoor).
7.
Stable or riding academy.
8.
Storage, transfer and distribution of industrial gases, where such gases are stored in tanks in excess of five thousand (5,000) gallons, or where the total storage of such gases on a lot exceeds twenty thousand (20,000) gallons.
9.
Theaters, including drive-in theaters.
10.
Truck stops.
11.
Wholesale motor vehicle auction.
12.
Tier 2 battery energy storage systems.
13.
Solar Energy Facility, Supplementary, ground-mounted, in accordance with the standards of section 26-292.7.
14.
Vehicle and equipment storage.
15.
Truck terminal.
16.
Warehousing, storage, wholesaling, and distribution with a gross warehouse area of seventy-five thousand (75,000) square feet or greater, or one hundred thousand (100,000) or greater aggregate square feet in multiple structures shown on a single site plan. Such use shall be developed in accordance with the standards of section 26-297.1.
17.
Recreational Substances, retail stores, in accordance with the standards of section 26-292.8.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 22-08, § 16, 11-9-22; Ord. No. 23-14, § 18, 10-25-23; Ord. No. 23-10, § 9, 4-24-24; Ord. No. 25-11, § 6, 8-27-25)
Section 26-175. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Any special exception permitted in the A-1, Agricultural District and not included in the list of permitted uses for the M-2 District except for bed and breakfasts.
2.
Roof structures placed over fuel pumps at filling stations, when such structures are constructed within the required front yard setback.
3.
A fence more than four (4) feet high in a required front yard, where such fence is necessary for the protection of the property of a permitted use.
4.
Sale, display, and storage of used automobiles as accessory to an automobile repair business that was in operation on the same zoning lot on January 1, 2020.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 20-12, § 1, 8-28-20)
Section 26-176. - Other uses not specifically listed.
Other uses not specifically listed: A proposed use that is substantially similar to a use that is a permitted use, a permitted accessory use, a conditional use, or a use permitted as a special exception in this zoning district may be permitted if the Director determines, after considering the proposed use's operating characteristics and impact on the neighboring properties, roads and community, that:
1.
The proposed use is not likely to create any more danger to health and safety in surrounding areas than the listed use; and
2.
The proposed use will not create any more offensive noise, vibration, dust, emissions, heat, smoke, odor, glare, and other objectionable influences than the listed use and will not have a greater traffic or parking impact than the listed use.
If the Director determines that the proposed use may be permitted, the regulations applicable to the use listed in the district regulations shall apply to the proposed use.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-177. - Lot size requirements.
All uses: None except as may be required by the health official to meet sanitary standards.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-178. - Yard requirements.
Notes:
1.
Side and rear yards required only adjacent to a residential district.
2.
The front yard setback shall be measured from the future right-of-way line as shown in the major thoroughfare plan.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-179. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right:
(i)
On properties located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, shall not exceed fifty (50) feet;
(ii)
On all other properties, shall not exceed one hundred (100) feet.
b.
Permitted with a special exception: shall not exceed one hundred forty (140) feet.
c.
Permitted with a conditional use permit: may exceed one hundred forty (140) feet.
2.
All structures not specifically exempted in section 26-248 shall not exceed a height of three (3) stories or forty-five (45) feet, whichever is less.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-180.- Purpose of the district.
The purpose of this district is to provide for a variety of industrial operations, but to restrict or prohibit those industries which have characteristics likely to produce serious adverse effects within or beyond the limits of the district. Certain potentially hazardous industries are permitted only after public hearings and review to assure protection of the public interest and surrounding property and persons. It is the intention of the district to preserve the land in the district for industrial use and to exclude new residential or commercial development except for certain specified uses deemed appropriate adjuncts to industrial operations.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-181. - Permitted uses.
A building or land shall be used only for the following uses:
1.
Any use permitted in the M-2 light industrial district.
2.
The manufacturing, compounding, processing, packaging, fabrication or treatment of the following:
(a)
Abrasive wheels, stones, paper, cloth, and related products.
(b)
Adhesives, but not glue or size manufacture.
(c)
Alcohol, industrial.
(d)
Animal fats and oils (refining and blending).
(e)
Asphalt or asphalt products, or central asphalt mixing and batching.
(f)
Bleaching products.
(g)
Brick, firebrick, and clay products (except coal fired).
(h)
Candles, including wax or tallow manufacture.
(i)
Cement, lime, gypsum, or plaster of Paris.
(j)
Ceramic wall and floor tiles.
(k)
Cider and vinegar.
(l)
Cleaning and polishing preparations, dressings and blackings.
(m)
Concrete products or central mixing and proportioning plant.
(n)
Cotton ginning.
(o)
Cotton wadding and linter.
(p)
Cottonseed oil, refining.
(q)
Dye and dyestuffs.
(r)
Film, photographic.
(s)
Fish curing or smoking, fish oils and meal.
(t)
Flour plant, pneumatic drop and forging hammering.
(u)
Galvanizing or plating (hot dip).
(v)
Glass and glass products.
(w)
Industrial gases.
(x)
Inks, from primary raw materials (including colors and pigments).
(y)
Jute, hemp and sisal products.
(z)
Leather and hide tanning and finishing.
(aa)
Linoleum and other hard-surface floor coverings (except wood).
(bb)
Manufactured homes.
(cc)
Matches.
(dd)
Meat or fish product manufacturing, including slaughtering or preparation for packaging.
(ee)
Monuments and architectural stone.
(ff)
Plastic material and synthetic resins (processing only).
(gg)
Pulp, paper and paperboard.
(hh)
Reconstituted wood products.
(ii)
Soap products.
(jj)
Starch.
(kk)
Stone products.
(ll)
Structural iron and steel products.
(mm)
Textile bleaching.
(nn)
Wall board and plaster, building, insulation, and composition flooring.
(oo)
Wire rope and cable.
(pp)
Wood preservation.
(qq)
Wood trusses.
3.
Acetylene, generation and storage.
4.
Distillery (alcoholic and alcoholic spirits (nonindustrial).
5.
Engine testing (internal combustion engines), but not jet engines or rockets.
6.
Mulch processing facility, subject to the following:
a.
The minimum lot area shall be five (5) acres;
b.
No machinery or equipment related to the facility shall be operated between the hours of 7:00 p.m. and 7:00 a.m.;
c.
No such facility shall be located within 250 feet of an existing off-site residential structure; and
d.
No support structure shall exceed 5,000 square feet in area.
7.
Research and development in the physical, engineering and life sciences (not testing of explosives).
8.
Parking garages, commercial or public.
9.
Private clubs.
10.
Propane Storage and distribution.
11.
Railroad car and locomotive building and repair.
12.
Railroad switching and classification yards, repair and cleaning shops, round houses, powers houses, interlocking towers, and fueling, sanding, and watering stations.
13.
Refractories (other than coal fired).
14.
Sand and gravel storage and distribution, but not crushing or grinding.
15.
Sawmills and planing mills.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 14-12, § 7, 12-10-14)
Section 26-182. - Permitted accessory uses.
1.
For those M-2 light industrial district uses permitted above (which includes, by reference, certain uses permitted in the B-O business office district, B-1 neighborhood district and M-1 limited industrial districts), any permitted accessory use that is permitted under the corresponding district regulations is allowed.
2.
The location of office or construction trailers for a period not to exceed one (1) year.
3.
Parking garages, accessory to permitted uses.
4.
Promotional events, in accordance with the following:
a.
A permit is issued by the Director. All requests for promotional event permits shall be submitted at least five (5) business days before the promotional event. The application for a promotional event permit shall describe the activities planned and shall contain a sketch plan showing the location of existing structures, parking areas, vehicle entrances and exits, and pedestrian walkways, and the proposed location of the promotional event activities.
b.
A promotional event permit may be issued for a period not to exceed three (3) consecutive days.
c.
Promotional events involving the outdoor display of goods and merchandise shall be conducted within an area immediately adjacent to the place where such items are customarily sold.
d.
No required off-street parking space, area used for vehicular ingress or egress, access drive or loading area shall be utilized for such display or activity.
e.
A promotional event permit shall not authorize yard sales, flea markets, or other display or sale of used merchandise other than that normally sold by the business holding the promotional event.
f.
Promotional events may only occur during the normal business hours of operation on the property.
g.
If a private sidewalk or pedestrian way in front of the building is used for the display of merchandise or for any activity related to the promotional event, a minimum width of four feet must remain unobstructed for pedestrian use.
All other promotional events shall be considered "promotional activities."
5.
Sale, display, and storage of used automobiles which have been repaired or assembled on the same zoning lot. All such display or storage shall be within a completely enclosed building.
6.
Storage of goods or material used in or produced by permitted commercial and industrial uses or related activities, subject to applicable district regulations.
7.
Telecommunications arrays, located on an existing structure, provided the following requirements are met:
a.
The existing structure shall be in compliance with all currently applicable regulations.
b.
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less; provided, for properties located within the Hanover County Airspace Map area, no such increase may be permitted if the increase in height creates a hazard for the Hanover County Airport for existing, future or planned airspaces. In determining whether a proposed structure or addition to an existing structure creates such a hazard, the Director may consult with the Federal Aviation Administration and the Virginia Department of Aviation.
c.
The arrays shall not cause any interference with, or adverse impact on, the county's communications system.
d.
Any equipment cabinets or structures placed on the ground to serve the array(s) shall be screened in accordance with section 26-263, unless visually obstructed by existing vegetation or other structures on site.
e.
The arrays shall not be permitted if lighting, beacons, or other safety devices are required by the Federal Communications Commission, the Federal Aviation Administration, or any other governing agency.
8.
Tier 1 battery energy storage systems.
9.
Solar energy facility, accessory, ground-mounted, in accordance with the standards of section 26-292.6.
10.
Solar energy facility, accessory, roof-mounted, in accordance with the standards of section 26-292.6.
11.
Solar energy facility, supplementary, roof-mounted, in accordance with the standards of section 26-292.7.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-05, § 9, 7-23-14; Ord. No. 22-08, § 17, 11-9-22; Ord. No. 23-14, § 19, 10-25-23)
Section 26-183. - Conditional uses.
The following uses may be permitted as conditional uses:
1.
Any conditional use permitted in the A-1, Agricultural District or the B-1 Neighborhood Business District.
2.
The manufacturing, compounding, processing, packaging, fabrication or treatment of the following:
(a)
Asbestos products or abatement services.
(b)
Chemical and allied products.
(c)
Disinfectants or related industrial or household chemical compounds.
(d)
Explosives, including ammunition and fireworks, and explosive storage.
(e)
Insecticides and fungicides.
(f)
Paint and coating.
(g)
Pesticide, fertilizer, and other agricultural chemicals.
(h)
Petroleum and coal products.
(i)
Primary metals.
(j)
Rendering and meat byproduct processing.
3.
Atomic laboratories.
4.
Automobile wrecking yard.
5.
Car wash or vehicle washing facility, automatic or otherwise.
6.
Incinerator, industrial or public.
7.
Junkyards, open or enclosed storage of junk.
8.
Materials recovery facilities.
9.
Petroleum storage.
10.
Private power generation plants, producing electricity for other users.
11.
Radioactive waste handling.
12.
Steam generation plants producing steam for others.
13.
Storage of dead animals, offal, garbage and waste products.
14.
Stockyard.
15.
Stone crushing and grinding.
16.
Testing of j et engines and rockets.
17.
Truck stops.
18.
Tier 2 battery energy storage systems.
19.
Solar Energy Facility, Supplementary, ground-mounted, in accordance with the standards of section 26-292.7.
20.
Truck terminal.
21.
Warehousing, storage, wholesaling, and distribution with a gross warehouse area of seventy-five thousand (75,000) square feet or greater, or one hundred thousand (100,000) or greater aggregate square feet in multiple structures shown on a single site plan. Such use shall be developed in accordance with the standards of Section 26-297.1.
22.
Vehicle and equipment storage.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 22-08, § 18, 11-9-22; Ord. No. 23-14, § 20, 10-25-23; Ord. No. 23-10, § 10, 4-24-24; Ord. No. 25-02, § 7, 5-28-25)
Section 26-184. - Special exceptions.
The following uses may be permitted as special exceptions:
1.
Any special exception permitted in the A-1, Agricultural District and not included in the list of permitted uses for the M-3 district except for bed and breakfasts.
2.
Roof structures placed over fuel pumps at filling stations, when such structures are constructed within the required front yard setback.
3.
A fence more than four (4) feet high in a required front yard, where such fence is necessary for the protection of the property of a permitted use.
4.
Sale, display, and storage of used automobiles as accessory to an automobile repair business that was in operation on the same zoning lot on January 1, 2020.
(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 20-12, § 2, 8-28-20)
Section 26-185. - Other uses not specifically listed.
Other uses not specifically listed: A proposed use that is substantially similar to a use that is a permitted use, a permitted accessory use, a conditional use, or a use permitted as a special exception in this zoning district may be permitted if the Director determines, after considering the proposed use's operating characteristics and impact on the neighboring properties, roads and community, that:
1.
The proposed use is not likely to create any more danger to health and safety in surrounding areas than the listed use; and
2.
The proposed use will not create any more offensive noise, vibration, dust, emissions, heat, smoke, odor, glare, and other objectionable influences than the listed use and will not have a greater traffic or parking impact than the listed use.
If the Director determines that the proposed use may be permitted, the regulations applicable to the use listed in the district regulations shall apply to the proposed use.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-186. - Lot size requirements.
All uses: None except as may be required by the health official to meet sanitary standards.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-187. - Yard requirements.
Notes:
1.
Side and rear yards required only adjacent to a residential district.
2.
The front yard setback shall be measured from the future right-of-way line as shown in the major thoroughfare plan.
(Ord. No. 12-08, § 3, 1-9-13)
Section 26-188. - Height restrictions.
The following height restrictions shall apply in this district:
1.
Telecommunications towers and related facilities:
a.
Permitted by right:
(i)
On properties located within the "FAA Part 77 Area" as depicted on the public works facilities plan in the county comprehensive plan, shall not exceed fifty (50) feet;
(ii)
On all other properties, shall not exceed one hundred (100) feet.
b.
Permitted with a special exception: shall not exceed one hundred forty (140) feet.
c.
Permitted with a conditional use permit: may exceed one hundred forty (140) feet.
2.
All structures not specifically exempted in Section 26-248 shall not exceed a height of fifty (50) feet.
(Ord. No. 12-08, § 3, 1-9-13)