For the purpose of this Ordinance, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this Ordinance, uses not specifically listed are prohibited.

(Ord. No. 12-08, § 3, 1-9-13)

No building or land shall hereafter be used, and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved, or structurally altered, unless in conformity with the regulations as set forth in this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record and in no case shall there be more than one main building on one zoning lot, unless otherwise provided in this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Except for camp cabins and summer cottages for seasonal occupancy, no lot shall be used in whole or in part for dwelling purposes, unless such lot abuts upon a street in accordance with the minimum street frontage requirements of this Ordinance. No lot or parcel of land abutting the terminus of a public street shall be deemed to comply with street frontage requirements unless such lot abuts on an approved permanent cul-de-sac.

(Ord. No. 12-08, § 3, 1-9-13)

The minimum yards, height limits, parking space, open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of the passage of these regulations or for any building hereafter erected shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Requirements for lot area per family do not apply to dormitories, fraternities, sororities, and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms or apartments.

(b)

Requirements for lot area per family do not apply to rental units in a hotel, motel, motor lodge or tourist home or rooms in a rooming, boarding or lodging house.

(c)

The provisions of this Ordinance which permit averaging of lot areas are intended to encourage an efficient and improved use of the land to provide good building sites by taking advantage of topography and minimizing grading or destruction of natural vegetation. An additional purpose in the R-C Rural Conservation District is to encourage permanent reservation of open spaces. Such averaging shall be permitted only in subdivisions where plats have been prepared by a registered land surveyor, approved by the Planning Commission and recorded in the office of the Clerk of Hanover County with appropriate deed restrictions regarding common open space. Such plats shall not be approved where the clear purpose of the design is to subvert the purposes of the district regulations by inclusion of large or unusable lots and no resubdivision or sale by any means shall be permitted which in any way creates a violation of this Ordinance.

(d)

No improved zoning lot shall hereafter be divided into two (2) or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale complies with all applicable regulations of the zoning district in which the property is located.

(e)

Whenever a lot abuts a public alley, one-half of the alley width may be considered as a portion of the required yard.

(f)

Where these regulations refer to side streets, the Administrator shall be guided by the pattern of development in the vicinity of the lot in question in determining which of the two (2) streets is the side street.

(g)

Every part of a required yard shall be open to the sky, except as authorized by this article, and except projections of sills, belt courses, window air conditioning units, chimneys, cornices, and ornamental features which may project, to a distance not to exceed twenty-four (24) inches, into a required yard.

(h)

More than one main building may be located upon a lot or tract in the following instances:

1.

Institutional buildings.

2.

Public or semipublic buildings.

3.

Multiple-family dwellings.

4.

Commercial or industrial buildings.

5.

Homes for the aged.

The provisions of this exception shall not be construed to allow the location or erection of any building or portion of a building outside of the buildable area of the lot.

(i)

In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for residential purposes, there may be more than one main building on the lot when such buildings are arranged around a court; provided, that said court between buildings that are parallel, or within forty-five (45) degrees of being parallel, shall have a minimum width of thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings and fifty (50) feet for buildings of three (3) stories or more and in no case, may such buildings be closer to each other than fifteen (15) feet.

(j)

Where a court is more than fifty (50) percent surrounded by a building, the minimum width of the court shall be at least thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings, and fifty (50) feet for three-story buildings.

(k)

Notwithstanding other provisions of this ordinance, no structure, building, sign, parking or loading area, tree or object of natural growth, or other improvement shall be made within seventy-five (75) feet of the center line of any airport taxiway included within and APO Overlay Airport Protection Overlay District.

(l)

Special regulations related to antennas:

1.

No antenna, including antennas for the reception of satellite broadcasts, shall be constructed within the required yard in any zoning district. Permission to locate an antenna within the required yards on any parcel may be granted as a special exception by the Board.

2.

Within the designated Suburban Development Overlay District, no such antenna shall be located within any part of the front or side yards. Permission to locate an antenna within any part of the front or side yards of a lot within the Suburban Development Overlay District may be granted as a special exception by the Board.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building. Unless otherwise provided, the right-of-way of any major thoroughfare, so designated on the Major Thoroughfare Plan, shall be assumed to extend forty (40) feet on each side of the center line of the existing right-of-way for the purpose of measuring front yards required by this ordinance.

(b)

On through lots, the required front yard shall be provided on each street.

(c)

There shall be a front yard of at least fifteen (15) feet on the side street of a corner lot in any district; provided, however, that the buildable width of a lot of record at the time of passage of this ordinance shall not be reduced to less than thirty (30) feet.

(d)

Open unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend to project into the front yard not more than six (6) feet.

(e)

Where the street frontage in a block, or within four hundred (400) feet of the lot in question, is partially built up, the minimum front yard for a new building shall be the average of the existing front yards on either side thereof in the same block with a variation of five (5) feet permitted; provided, however, that no front yard in a residential district shall be less than twenty (20) feet or need be more than seventy-five (75) feet. Where forty (40) percent or more of the street frontage is improved with buildings that have no front yard, no front yard shall be required for the remainder of the street frontage.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Open, unenclosed porches, platforms, or paved terraces, not covered by roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the required side setback not more than six (6) feet.

(b)

Where a building in a commercial district is subject to the height, area, and bulk requirements applicable to residential development under section 26-248(b), the side yard requirements for residential development shall be applied only to the lowest floor (and all floors above it) which contains more than twenty-five (25) percent of its area used for dwelling. All floors shall be subject to side yards required by these regulations for commercial buildings adjacent to residential districts.

(c)

For the purpose of the side yard regulations, a group of business or industrial buildings separated by common or party walls shall be considered as one (1) building occupying one (1) lot.

(d)

The minimum depth of side yards for schools, libraries, churches, community houses, and other public and semipublic buildings in residential districts shall be twenty-five (25) feet, except where a side yard is adjacent to a business or industrial district, in which case, the depth of the yard shall be as required in the district regulations for the district in which the building is located.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-12, § 12, 11-10-15)

Open, unenclosed porches, platforms, or paved terraces, not covered by roof or canopy and which do not extend above the level of the first floor of the building; open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers; and the ordinary projections of chimneys and flues may project into the required yard for a distance of not more than ten (10) feet, but only where the same are placed as not to obstruct light and ventilation.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Filling station pumps and pump islands may occupy the required yards; provided, however, that they are not less than fifteen (15) feet from street right-of-way lines.

(b)

Permitted accessory storage of a boat, boat trailer or camp trailer shall not be conducted in a front yard.

(Ord. No. 12-08, § 3, 1-9-13)

Except for buildings accessory to a farm, no accessory building shall be constructed upon a zoning lot for more than six (6) months prior to beginning construction of the main building and no accessory building shall be used for more than six (6) months unless the main building on the zoning lot is also being used or unless the main building is under construction. No accessory building, on a farm or otherwise, shall be used for dwelling except in accord with the specific provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Except as herein provided, no accessory building shall project beyond a required yard line along any street.

(b)

Accessory buildings which are not a part of the main building, although they may be connected by an open breezeway, may be constructed in a rear yard, provided such accessory building does not occupy more than thirty (30) percent of the area of the required rear yard and provided it is not located closer than five (5) feet to the rear lot line nor closer than three (3) feet to a side lot line.

(c)

When a lot is so located as to have contiguous boundaries with the rear lot lines of all adjoining lots, accessory structures may be placed anywhere on the lot; provided that no structure may be closer than five (5) feet to any lot line.

(d)

Accessory swimming pools, open and unenclosed, may occupy a required rear yard, provided the edge of water is not located closer than six (6) feet to a rear lot line or ten (10) feet to a side lot line. A walk space at least three (3) feet wide shall be provided between pool walls and protective fences or barrier walls.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-12, § 13, 11-10-15)

(a)

Subject to the following specific modifications, no structure may exceed the height limit provided under the applicable zoning district:

1.

Except within an APO Airport Protection Overlay District or within the Hanover County Airspace Map area, the height limitations of this Ordinance shall not apply to the following structures when such structures do not exceed a height of one hundred twenty-five (125) feet:

a.

Belfries.

b.

Chimneys.

c.

Church spires.

d.

Water towers and stand pipes.

e.

Conveyors.

f.

Cooling towers.

g.

Elevator bulkheads.

h.

Fire towers.

i.

Public monuments.

j.

Ornamental towers and spires.

k.

Radio and television towers, television antennas and support structures for home use, and amateur radio broadcasting and receiving antennas and support structures.

l.

Silos and grain driers.

m.

Smoke stacks.

n.

Stage towers or scenery lofts.

o.

Tanks.

2.

Prior to site plan review or building permit application, whichever occurs first, the owner of property on which construction of a new structure or the alteration of an existing structure where such construction or alteration

a.

Exceeds two hundred feet above ground level or is within 20,000 feet of the Hanover County Airport, and

b.

Exceeds a 100:1 surface slope from any point on the runway, must submit to the Administrator of the FAA, with a copy to the Department of Public Works, a request for an Obstruction Evaluation and Airport Airspace Analysis. Non-conforming structures located on the same property as a proposed structure or on another property shall not be considered when determining whether the construction or alteration of a structure would create a hazard for the Hanover County Airport for existing, future, or planned Airspaces. The request submitted to the Administrator of the FAA shall seek an evaluation of the proposed structure or alteration (1) with the nonconforming structure in place and (2) assuming that the nonconforming structure did not exist.

If the increase in height caused by the construction or alteration would create a hazard for the Hanover County Airport for existing, future or planned Airspaces, the construction or alteration shall not be permitted.

3.

Except as may be restricted within an APO Airport Protection Overlay District or within the Hanover Airspace Map area, public and semipublic or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet and churches and temples may be erected to a height not exceeding seventy-five (75) feet when the required side and rear yards are each increased by at least one (1) foot for each one (1) foot of additional building height above the height regulations for the district in which the building is located.

4.

Notwithstanding any other provisions of this Ordinance:

(a)

No place of public assembly, including but not limited to, schools, churches, hospitals, theaters, and assembly halls, shall be erected or otherwise located under an "approach surface" as defined by the FAA and within ten thousand (10,000) feet of the end of an airport runway. This provision shall only apply to airports included within an APO Airport Protection Overlay District.

(b)

For properties located within the Hanover County Airspace Map area, no structure may exceed the maximum height permitted in the applicable district regulations if the structure 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. Should the proposed structure or addition to an existing structure not create a hazard for the Hanover County Airport for existing, future or planned Airspaces, the height limitations of this Ordinance shall not apply to the structures listed in subsection (a)(1), above, when such structures do not exceed a height of one hundred twenty-five (125) feet.

(b)

Mixed uses; height, area and bulk requirements. Where more than twenty-five (25) percent of the total floor area of any building in a commercial district is used for dwelling purposes in a building which may also contain nonresidential uses, the minimum height, area, and bulk requirements for residential development applicable in the district in which such building is located shall apply, subject to the side yard modification for mixed uses contained in section. Where twenty-five (25) percent or less of the total floor area of such building is used for dwelling, the building shall be subject to the height, area, and bulk requirements applicable to nonresidential buildings in the district.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Unless otherwise provided for in this Ordinance, an ornamental wall or fence not more than four (4) feet in height is permitted in any front yard except as specified in subsection (c). Ornamental walls or fences not more than seven (7) feet in height are permitted in any side or rear yard. Columns or other structural supports that are attached to a wall or fence regulated by this section may be more than maximum permissible height of a wall or fence; provided, the column or other structural support in those instances shall not exceed the height of the wall or fence by more than one (1) foot.

(b)

Decorative columns that are not attached to a wall or fence, including columns that are placed on one or both sides of an entrance to a subdivision, and that are not more than five (5) feet in height are permitted in any front, side or rear yard. Such columns may also be permitted in any open or common space area if the location and height of the columns are approved as part of a rezoning.

(c)

No sign, fence, column, wall, hedge, planting, or other obstruction to vision, extending to a height in excess of three (3) feet above the established street grade, shall be erected, planted, or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at a point (1) twenty (20) feet distant from the intersection of the street lines, for residential uses, and (2) twenty-five (25) feet distant from the intersection of the street lines for non-residential uses.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

The regulations set forth in this section shall apply when:

(1)

A building or structure is erected on a property.

(2)

An existing building or structure is converted for a different use; provided, the provisions of this section shall not apply when the original building or structure is located within a shopping center and the shopping center satisfied the requirements of this section when approved.

(3)

An existing building or structure is structurally altered or enlarged, resulting in a cumulative increase in the required number of parking spaces of twenty (20) percent or more than previously approved.

(b)

Prior to completing any improvements described in subsection (a), the owner shall comply with the parking, access and loading requirements set forth in this section. Where greater standards are applicable as the result of district regulations, proffered conditions as part of a rezoning or conditions of approval for a conditional use permit or special exception, the more stringent requirements shall be applicable.

(c)

Modifications to design standards. Where provided, the Director is authorized to grant a modification from any provision contained in this section. The Director must make the following findings prior to the approval of any request:

(1)

the modification requested does not constitute a substantial deviation from the applicable standard;

(2)

the applicant has demonstrated strict application of the ordinance would produce undue hardship;

(3)

such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(4)

the authorization of the modification will not be of substantial detriment to adjacent properties and the character of the zoning district will not be changed by the granting of the modification; and

(5)

the granting of the exception will not endanger the public safety, or in any other respect impair the health, safety, and welfare of the public.

Applications shall be made on a form provided by the Director and shall be accompanied by a sketch plan or site plan of the proposed development and any other information supporting the request.

Prior to granting a modification, the Director shall require that the applicant give all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice.

The Director shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph.

(d)

Maintenanceof parking, access and loading areas: The property owner shall maintain, at its expense, all structural and non-structural facilities, features and landscaping including, but not limited to, surfaces, curbs, drainage facilities, striping, signage, parking blocks and bollards in a clean, orderly, and dust-free condition and in substantial conformity with the approved site plan.

(Ord. No. 12-08, § 3, 1-9-13)

Accessory parking spaces (including structural, under-structure, off-street and on-street, as permitted by district regulations) shall be provided as follows:

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 24-08, § 1, 8-28-24)

(a)

The parking requirements above are in addition to space for storage of trucks or other vehicles used in connection with any use.

(b)

Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

(c)

If more than one type of permitted use occupies a single structure or parcel, the total parking requirements shall be the sum of the requirements for each of the permitted uses unless shared parking or a reduction in parking is allowed under the provisions of this Ordinance.

(d)

When computing parking spaces based on gross floor area, areas within the footprint of a building which are used solely for parking spaces and associated driveways are not included as part of the floor area calculation used for determining required parking.

(e)

The parking spaces required by section 26-251 shall be located on the same zoning lot with the building or use served except where:

1.

the applicable zoning district regulations permit off-site parking spaces;

2.

the required parking spaces are provided within a shared parking area in accordance with section 26-253, below; or

3.

the required parking spaces are provided on a separate zoning lot in accordance with section 26-255, below.

(f)

The parking space requirements for a use not specifically listed in the chart shall be determined by the Director based on the characteristics of the proposed use, the number of residents or visitors, the minimum requirements for similar uses, and any other relevant characteristics. In making the determination, the Director may consider the recommendations of relevant parking studies as well as traffic generation figures, including information provided by the Institute of Traffic Engineers (both parking and traffic), peak parking demands, and other information.

(Ord. No. 12-08, § 3, 1-9-13)

Required parking areas for two or more uses, structures or parcels may be provided by the same parking area, used jointly, when the requirements of this section are satisfied. The following shall be provided at the time that the request for approval of shared parking is submitted:

1.

The types of uses, the parcel number and addresses of the uses, and the names and addresses of the owners or tenants of the properties that will use the shared parking area;

2.

Easements or other legal instruments which guarantee the perpetual right to the use of the property for parking and pedestrian access between the parking area and the use and which provide for the maintenance of parking areas, access drives, pedestrian walkways, landscaping and lighting. Any such easement shall be recorded prior to site plan approval;

3.

The number and location of required and proposed shared parking spaces and the type of every use served by the shared parking area;

4.

An analysis, based on information provided by the Institute of Traffic Engineers or an independent industry study, that:

a.

Identifies the peak hours of use for the uses involved;

b.

Demonstrates that the shared parking area is sufficient to handle peak parking demand for all affected uses; and

c.

Demonstrates that the use of shared parking will not impair pedestrian or vehicular access to the site or to parking spaces or the use on the site; and

5.

Evidence that the following design criteria has been satisfied:

(a)

The shared parking area shall be accessible by an improved pedestrian walkway.

(b)

If shared parking is to be provided on a separate zoning lot, the parking area shall comply with the provisions of section 26-255.

(c)

For shared parking areas that serve solely residential uses, the shared parking area shall be located on property zoned for residential uses. For all other parking areas, the shared parking area shall be located on property zoned for business or industrial uses.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

An applicant for site plan approval may request that the total number of required spaces be reduced except in R-4, R-5 and RM Districts. The applicant shall provide an analysis, based on information provided by the Institute of Traffic Engineers or an independent industry study, that:

(1)

Provides the number and location of required and proposed parking spaces and the type of every use served by the parking area;

(2)

Identifies the peak hours of use for the uses involved;

(3)

Demonstrates that the reduced parking area is sufficient to handle peak parking demand for all affected uses; and

(4)

Demonstrates that the reduction will not impair pedestrian or vehicular access to the site or to parking spaces or the use on the site.

(b)

The Director shall consider the request in accordance with the procedures set forth in section 26-250(c).

(c)

After considering the request, the Director may reduce the total number of required spaces as warranted, up to the maximum shown in the following table:

(Ord. No. 12-08, § 3, 1-9-13)

(a)

An applicant for site plan may request that required parking be allowed on a separate zoning lot. The applicant shall provide the following at the time of the request:

(1)

Recorded easements or other legal instruments which guarantee the perpetual right to the use of the property for parking and pedestrian access between the parking area and the use and which provide for the maintenance of parking areas, access drives, pedestrian walkways, landscaping and lighting; and

(2)

Evidence that the following design criteria has been satisfied:

a.

For parking areas on a separate zoning lot that serve solely residential uses, the parking area shall be located on property zoned for residential uses. For all other parking areas, the parking area shall be located on property zoned in a Business District or Industrial District;

b.

The parking area shall be located no farther than one thousand (1,000) feet from a principal building entrance, as designated by the applicant on the site plan;

c.

The parking area shall comply with the district regulations for the property on which it is located;

d.

The parking area shall be accessible by a public sidewalk or other improved pedestrian pathway from the off-site parking to the primary on-site parking area;

e.

The distance from the parking area to the use shall be measured from the farthest parking space to a building entrance, following a pedestrian walkway;

f.

Pedestrian access shall be lighted in accordance with the requirements of division 6 of article 5; provided, pedestrian pathways located within the public right-of-way shall conform to VDOT standards and specifications; and

g.

The use of the parking area, including pedestrian access to and from the use, will not impair pedestrian or vehicular access to the site, to parking spaces or to other uses on the property or the separate zoning lot.

(b)

The Director shall consider the request in accordance with the procedures set forth in section 26-250(c).

(Ord. No. 12-08, § 3, 1-9-13)

(a)

The following provisions shall apply to all parking spaces:

(b)

Additional standards for parallel parking spaces. Parallel parking spaces shall be designed as follows:

(1)

For off-street parallel parking spaces, including those on private roads and interior drives:

a.

The spaces shall be provided in a parking bay, located outside the right-of-way, and shall be marked by painted lines or other means to indicate individual spaces.

b.

The spaces shall be located between islands and there shall be no more than eight (8) parallel parking spaces between islands;

c.

Parallel parking islands shall be landscaped in accordance with section 26-192;

d.

The spaces shall not be located within the functional area or the sight distance triangle of an intersection, entrance or exit and shall not obstruct vehicular or pedestrian travel;

e.

Shall be designed so that vehicles can safely enter and exit the site and enter and exit the flow of traffic on-site; and

f.

The parking area shall be accessible by a public sidewalk or other improved pedestrian walkway.

(2)

Where on-street parking spaces are permitted by district regulations, all parallel parking spaces shall meet VDOT standards and specifications.

(c)

Pedestrian Walkways. The following standards shall apply to pedestrian walkways used to provide access between parking lots and buildings or to provide access between properties:

(1)

Walkway surfaces shall be constructed with concrete, asphalt, brick or masonry pavers, or other durable surface that provides a firm, stable, slip-resistant surface.

(2)

Pedestrian walkways shall be designed and constructed in accordance with the following:

a.

Where there are existing uses on the property or adjacent properties, the walkways shall be designed and constructed to interconnect with exiting pedestrian circulation systems, and

b.

Where adjacent properties have not yet been improved, the walkways shall be designed to permit interconnection with the walkways on the property.

(d)

Drainage: Parking facilities shall be designed to minimize standing water and prevent damage to abutting property, pedestrian walkways, and public and private streets. Parking facilities shall be surfaced with erosion-resistant materials in accordance with applicable county specifications.

(e)

Parking setback: Parking areas may be located in any required yard, but shall be separated from walkways, sidewalks, streets, or alleys by a wall, fence, curbing, or other approved protective device, or by a landscaped distance of at least five (5) feet so that vehicles cannot protrude over a property line or impede drainage.

(f)

Marking: The following standards shall apply to marking for parking spaces:

(1)

For off-street parking spaces

a.

The spaces shall be marked by painted lines, curbs, wheel stops, bumper blocks, or other means to indicate individual spaces.

b.

Signs or markers shall be used as necessary to ensure efficient traffic operation on the lot.

c.

Curbs, wheel stops, bumper blocks, or other approved means shall be used when parking spaces angled other than zero degrees (0°) and ninety degrees (90°) are provided to prevent vehicles from entering a one-way access drive from the wrong direction or to prevent vehicles from encroaching into a landscaped areas.

(2)

For on-street parking, where permitted, marking for parking spaces shall conform to VDOT standards and specifications.

(g)

Dead-end aisles: The following standards shall apply to dead-end aisles:

(1)

All dead-end aisles providing access to parking spaces shall provide an area for a vehicle to turn around at the terminus of the drive.

(2)

The area described in subsection (g)(1) shall

a.

Be at least nine (9) feet in width and eighteen (18) feet in length,

b.

Have a turning well or functional equivalent, and

c.

Be marked by painted lines or signs to prohibit the use of such spaces for parking, loading or vehicle standing.

(h)

Screening: When off-street parking areas for ten (10) or more vehicles are located closer than fifty (50) feet to a lot in a residential district, or to any lot upon which there is a dwelling as a permitted use under these regulations, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous, visual screen shall be provided between the parking area and the said lot in a residential district or upon which there is a dwelling in accordance with the following:

(1)

The screen shall have a minimum height of six (6) feet,

(2)

The screen shall extend a minimum of fifty (50) feet beyond the point where such parking is located or to the property line, whichever is closer.

(3)

The screen shall consist of a compact evergreen hedge or foliage screening or an ornamental wall or fence. If a fence is used to satisfy this requirement, the height shall be reduced to 4' at the front setback line.

The provision of landscaping under this subsection shall not be used to satisfy any additional landscaping requirements under section 26-192.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Single-family detached dwellings: driveways located on individual lots shall be designed to prevent parked vehicles from encroaching into any pedestrian path, sidewalks, public right-of-way, or existing private easements.

(b)

Single-family attached or multi-family dwelling: access shall comply with the applicable district regulations.

(c)

The following standards shall apply to all nonresidential uses:

(1)

Entrances and exits: The location and design of all entrances and exits shall facilitate safe and efficient pedestrian and vehicular circulation.

(2)

Interior drives that do not contain parking or loading spaces: No interior drive shall be less than twelve (12) feet wide for one-way traffic, nor less than eighteen (18) feet wide for two-way traffic.

(3)

Interior drives that contain parking or loading spaces: Interior drives shall be designed in accordance with the following criteria:

Note: the maximum aisle width may be increased if necessary to comply with applicable federal or state law.

(4)

Lots fronting on a publicly-maintained cul-de-sac or service road may have one point of access for every 200 feet of frontage.

(5)

Lots, other than those fronting on a publicly-maintained cul-de-sac or service road, shall have no more than one point of access to the public road for every 300 feet of frontage. This standard shall apply to each frontage for any lot with more than one public road frontage.

(6)

Legal lots of record at the time of adoption of this section which have less than 300 feet of frontage shall be permitted one access, located as far from existing points of access as possible, unless access is otherwise restricted through requirements created by this Ordinance or the Subdivision Ordinance.

(7)

Each freestanding use planned as part of another project, such as a mixed use or shopping center development, shall have access only from within the project; except that access to or from a public road may be provided by means of a shared private access drive if it is deemed to comply with the intent of section 26-315. This standard shall also apply to nonresidential sites leased or conveyed from the property or properties proposed for development.

(8)

Each lot within a nonresidential development shall have access to a public road by means of frontage on a public road or by a private access drive. The following shall be required for use of a private access drive:

(a)

Any such private access drive shall be contained within a recorded cross-access easement, the wording for which shall be approved by the Director, for its entire length from the affected lot to a public road. Such easements shall be sufficient in size to permit construction of a paved private access drive with a minimum pavement width of twenty-two (22) feet and including any appurtenant drainage, utility, or other feature required to provide safe and adequate public access and to permit maintenance of such features.

(b)

Plats and deeds for private access drive, public utility, and drainage easements shall be approved by the directors of planning, public utilities, and public works, respectively, prior to recordation of the plats, and prior to site plan approval for the project to be served by the private access drive.

(c)

Design features shall be provided on the site plan to ensure that vehicles shall not have access to a private access drive directly from a parking space. These features may include traditional curb and gutter systems (or alternative equivalents), landscaped islands, or other such features which are compatible with the overall development and approved by the Director or his designee.

(d)

In Business Districts and the O-S and MX Districts, use of a private access drive shall require that all parking, driveway, and loading areas be paved.

(9)

The standards contained in this section shall not apply to

(a)

telecommunications towers and related facilities,

(b)

utility cabinets and pedestals, and

(c)

facilities and structures necessary for rendering public utility and public works service (including, but not limited to, buildings, generating or treatment plants, pumping or regulator stations and substations, and drainage and stormwater facilities) that are not manned on a regular basis. For these uses, the minimum width of the aisle or access drive shall be twelve (12) feet; provided, if there exists alternative access to the tower, utility cabinet and pedestal, building, plant or station which can be used by emergency vehicles, the minimum width of the aisle or access drive shall be ten (10) feet.

(Ord. No. 12-08, § 3, 1-9-13)

The design of stacking lanes shall be as follows:

1.

Stacking lanes shall not impede on-site or off-site traffic movements or movements into and out of parking spaces

2.

Stacking lanes shall be separated from other interior drives or aisles by a raised or painted median, and shall be marked so as to be easily observed from a vehicle.

3.

No stacking lane shall be placed directly behind any parking row or otherwise configured to impede the required drive aisle width.

4.

The first stacking space shall a minimum of eight-and-one-half (8.5) feet wide and eighteen (18) feet long; all other stacking spaces shall be a minimum of nine (9) feet wide and eighteen (18) feet long.

5.

The length of stacking lanes shall be measured from the front of the space adjacent to the drive-through window, food delivery window, teller window, automatic teller machine (ATM), fuel pump, or similar use which it serves.

6.

Stacking lanes shall be designed to accommodate the minimum number of stacking spaces required for the specified uses as follows:

(Ord. No. 12-08, § 3, 1-9-13)

Loading spaces shall be provided as follows:

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Loading spaces shall not be used for the sale, repair, dismantling, or servicing of vehicles, equipment, materials, or supplies.

(b)

Mixed uses in one building. Where a building is used for more than one use, the number of required loading spaces shall be the greater of

(1)

The sum of the number of loading spaces calculated for each use within the building, and

(2)

The number of loading spaces required as if the entire building were used by the use having the highest number of required loading spaces. When there are mixed uses in one building, the Director shall determine the location of required loading spaces.

(c)

All required loading spaces shall be located on the same zoning lot with the building or use served or within a shared parking area established under the provisions of this Code.

(Ord. No. 12-08, § 3, 1-9-13)

An applicant for site plan approval may request that the total number of required spaces be reduced. The applicant shall provide an analysis, based on information provided by the Institute of Traffic Engineers or an independent industry study, that:

1.

Provides the number and location of required and proposed loading spaces and the type of every use served by the loading area;

2.

Identifies the peak hours of use for the uses involved;

3.

Demonstrates that the reduced loading area is sufficient to handle peak loading demand for all affected uses.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

All loading spaces shall be designed to provide reasonable access to the uses served. No loading space shall be located so that it obstructs access to or from a business, impedes the flow of pedestrian or vehicular traffic, or obstructs an emergency ingress/egress or a fire lane. Required loading spaces shall be shown on the site plan and clearly delineated on-site with both striping and appropriate signage.

(b)

Loading spaces shall be categorized as either a (i) service space, or (ii) a full size loading space. The type of space provided shall be determined by the type of use of the property, the type of typical delivery vehicles, frequency of deliveries, and timing of deliveries, and shall be determined at the time of site plan approval.

(c)

Minimum size:

(1)

Service Spaces shall have a minimum width of twelve (12) feet and a minimum length of twenty-five (25) feet.

(2)

Full Size Loading Spaces shall have, a minimum width of twelve (12) feet and a minimum length of forty-five (45) feet,

(3)

For service and loading spaces located within a building, a vertical clearance of at least fourteen and five-tenths (14.5) feet shall be provided.

(d)

Drainage: All loading spaces shall comply with County drainage standards and requirements.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

When screening is required through specific district regulations or through supplemental regulations contained in this ordinance, the following minimum standards shall apply:

1.

Where a "continuous visual screen" or "screening" is specified, such screen may be comprised of either plant materials or structural materials, such as masonry or wood fencing.

2.

Where a "masonry wall," "ornamental wall," or "fence" is specified, such structure shall be at least six (6) feet in height and shall be so constructed as to provide a permanent, year-round visual barrier from surrounding properties. Chain link, wire mesh, or similar fence materials may only be used in industrial districts and only when additional acceptable material is also used in such a manner as to provide the required visual barrier. Materials may be slats inserted into the wire fabric or boards attached directly to the frame to form the required visual barrier. Acceptable material shall be redwood, cedar, or other woods which have been pressure-treated, or 9-gauge polyethylene tubular slats in wood tones (slats shall have a minimum density of .951).

3.

Where a "hedge," "compact evergreen hedge," "foliage" or "screen planting" is specified, such planting shall be acceptable evergreen shrubs, trees or plants planted in accordance with standards specified below. If plant material dies within an existing vegetative screen installed prior to the effective date of this ordinance, replacement trees or shrubs may be installed under the original standards or the new guidelines and tree list.

(b)

Planting standards.

1.

All screening shall comprise of evergreen plants, including broadleaf evergreens. Plants shall be at least six (6) feet in height at time of planting, or if using smaller plants (minimum height three (3) feet) they may be installed on a berm so that the combination of the berm and plant equals a height six (6) feet.

2.

Plantings shall be staggered to achieve the required visual screen. If the distance to be screened exceeds fifty (50) feet in length, at least two different types of evergreens shall be used. If using plants with different spacing requirements, the plants may be planted, as an example, with the back row at ten (10) feet on center and the front row at eight (8) feet on center. Examples of acceptable evergreen species and plant spacing to fulfill this requirement are as follows:

The following trees shall be planted at ten (10) feet on center with the rows six (6) feet apart (staggered, triangular spacing):

The following evergreen trees shall be planted at eight (8) feet on center with the rows six (6) feet apart (staggered, triangular spacing):

The following evergreen shrubs shall be planted four (4) feet on center with triangular spacing:

(Ord. No. 12-08, § 3, 1-9-13)

(a)

When a commercial site is located on a designated major thoroughfare, at least fifteen (15) feet shall be maintained along the road frontage as a buffer. When a site has frontage on Route 360, 301, 1, 33, 54, or 30, the buffer shall be increased to twenty-five (25) feet. The following standards shall apply to buffers required by this section:

1.

The buffer shall be measured from the front property line.

2.

No parking area or structure, except for permitted signage, shall be located within the buffer.

3.

The buffer shall be landscaped with

a.

at least one deciduous tree, at least two (2) inches in caliper measured six (6) inches from the ground when planted, with branching no closer than five (5) feet to the ground, or one evergreen tree, at least six (6) feet in height when planted, for each fifty (50) feet of lineal frontage;

b.

at least one shrub, at least eighteen (18) inches in spread when planted, for each thirty (30) feet of lineal frontage, planted and maintained at twenty-four (24) inches in height or lower; and

c.

other ground cover reasonably dispersed throughout the buffer.

4.

No required plantings shall be placed within the required sight distance triangle on site.

5.

When the buffer includes undulating berms, the berms shall have a minimum height of three (3) feet and a gradient of no more than 3:1. No berms shall be located within the sight distance triangle at each entrance to the site. Where such berms are provided, there shall be a fifty-percent reduction in the number of required trees within the thoroughfare buffer, with such credit being calculated at the rate of two hundred (200) square feet of canopy per tree as shown in the Hanover County tree canopy chart; shrubbery shall be provided according to the requirement specified above.

(b)

Outside speakers. Outside speakers used in conjunction with any establishment shall not be audible beyond the property line of the establishment.

(Ord. No. 12-08, § 3, 1-9-13)

Minimum standards for trees and shrubs used in buffers:

Tree and Shrub Sizing Table:

1.

Sizes at maturity and any other matters related to whether a tree or shrub meets the requirements of this section shall be determined by reference to the American Horticultural Society, the Virginia Landscape and Nursery Association, or other industry-recognized standards applicable to Hardiness Zone 7.

2.

Evergreen trees and shrubs must be of varieties that do not lose their lower branching structure as the trees and shrubs mature.

3.

All newly installed landscaping shall be placed in mulched and stabilized planting beds of groups of three or more. In all other areas, ground cover shall be provided.

4.

For buffers in which more than twenty (20) trees are required, no individual species shall exceed thirty percent (30%) of the total number of plants required within the buffer.

5.

After submission of a preliminary site plan, the applicant shall set up an appointment with the Planning Department for an inspection of the proposed material to be saved.

a.

Plant materials that are to be saved and used to meet the buffer requirements shall be clearly delineated on the landscape plan and marked in the field prior to the Planning Department's inspection.

b.

A tree protection plan certified by a Landscape Architect, Certified Horticulturist or ISA Certified Arborist must be provided to the Planning Department prior to site plan approval.

c.

Tree protection measures shall be installed, inspected and certified by a Landscape Architect, Certified Horticulturist or ISA Certified Arborist prior to land disturbance.

6.

The number of required trees and shrubs for buffers may be reduced fifteen percent (15%) when all the trees or shrubs used to satisfy a listed requirement are native or drought-resistant. In order to qualify as a native or drought-resistant plant, the applicant must provide the following information with the site plan:

a.

Documentation that the species is classified as drought-resistant in Hardiness Zone 7 or native to Virginia by the American Horticultural Society, the Virginia Department of Conservation and Recreation, or other industry-recognized standard;

b.

Evidence that the conditions on the site are suitable for the cultural requirements of the species, including the current and future size of the tree or shrubs and the water and light requirements of the tree or shrub; and

c.

Documentation that the species is not listed on the Virginia Department of Conservation and Recreation Invasive Species list.

(Ord. No. 12-08, § 3, 1-9-13)

When an M-1, M-2, or M-3 district adjoins an AR- or R-zoned district, or when an M-1, M-2, or M-3 district adjoins an A-1-zoned property on which there is a residence within two hundred (200) feet of the common property line, a buffer shall be provided in accordance with 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 26-264.

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; Ord. 15-01, § 3, 3-11-15)

This division shall govern site lighting regulations for all uses not classified as single-family residential or agricultural uses.

(Ord. No. 12-08, § 3, 1-9-13)

For the purposes of this division, the following terms are hereby defined:

Cutoff lighting: An outdoor lighting fixture that emits no more than two and one-half (2.5) percent of its light above ninety (90) degrees and ten (10) percent above eighty (80) degrees from horizontal.

Full cutoff lighting: An outdoor lighting fixture that emits zero (0) percent of its light above ninety (90) degrees and no more than five (5) percent above eighty (80) degrees from horizontal.

Gas mantle: The mesh or similar flame covering which serves as the light emitting component in a gas lamp.

Glare: The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.

IESNA: Illuminating Engineering Society of North America.

Light trespass: Light falling where it is not wanted or needed, typically across property boundaries.

Light uniformity ratio: The ratio of the average illumination over an entire contiguous area (measured at ground level) divided by the minimum value anywhere in the area (measured at ground level). Readings to determine this ratio shall be taken at locations as specified in section 26-269.

Lightingfixture: The complete lighting assembly, not including the support assembly. Such devices shall include, but are not limited to lights used for:

1.

Parking lot lighting;

2.

Buildings and structures;

3.

Recreational areas;

4.

Landscape lighting; and

5.

Building overhangs and open canopies.

Lumen: Unit of luminous flux; used to measure the amount of light emitted by lamps.

Sky glow: Brightening of the sky caused by outdoor lighting and natural atmospheric and celestial factors.

Uplighting: Lighting that is projected above the horizontal.

(Ord. No. 12-08, § 3, 1-9-13)

Except as otherwise provided herein, lighting on properties shall be subject to the following requirements:

1.

Downward directional full cutoff lighting shall be used for all free-standing or building mounted lights on site.

2.

Light intensity shall not exceed 0.5 foot-candles above background levels, measured at ground level at any property line; provided, that light levels at property lines that are immediately adjacent to business or industrial zoned property shall be exempt from this requirement.

3.

Site plans for any commercial or industrial use that operates during any hour of darkness shall include the following:

a.

A lighting plan for the entire site that is to be developed, which shall include a photometric plan, light fixture specifications, and fixture mounting detail;

b.

Foot-candle plots arranged in a uniform ten-foot by ten-foot grid pattern over the site; and

c.

Average and minimum foot-candles and the light uniformity ratio for contiguous lighted areas of the site. The light uniformity ratio shall be calculated for that delineated area that provides lighting for parking, driveway, and pedestrian areas.

4.

Light sources shall be shielded from direct view from adjoining residential districts or from any public rights-of way.

5.

Site lighting shall be reduced to that level necessary for security during those hours that business is not being conducted on the site. This level shall allow lighting sufficient to safely illuminate areas of building ingress and egress, areas located between building entrances and parking spaces nearest to those entrances while employees are on-site, and other areas of high security importance such as "drop-boxes." Light levels in these areas may vary from those provided during hours of operation; provided, the light levels shall not exceed those emitted during hours of operation and the overall light level of the site shall be reduced from the level during hours of operation.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Adequate lighting shall be provided for all off-street parking spaces that are used during hours of darkness. At the time such lighting is installed, a minimum of seven-tenths (0.7) foot-candles shall be achieved in all areas of parking lots, driveways and pedestrian access to and through parking areas. After installation, the owner shall adequately maintain or replace the lighting system in order to maintain a minimum of one-half (0.5) foot-candles and a light uniformity ratio of 5:1 or lower in these areas.

(b)

Lighting of vehicular entrances from public rights-of-way may exceed one-half (0.5) foot-candles at ground level at a property line along the public right-of-way if the free-standing lighting structures and fixtures are located at approved vehicular entrances, the lighting meets all other requirements for parking lot lighting, the light structure and fixture are located on the property which the entrance serves, the lighting utilizes a downward directional full cutoff fixture, and the lighting does not produce distractive glare in the public right-of-way.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Building Mounted Lighting. Low-mounted (i.e., below the roof line) building lighting that is decorative or ornamental in nature shall not require shielding or a downward directional orientation of the light source (lamp) if such lamp emits less than 1800 lumens, utilizes a frosted bulb or diffuse globe, and is oriented on the site so as not to create a distractive glare on any adjacent public right-of-way or any residential or noncommercial use. For the purposes of this section, building lighting that is decorative or ornamental in nature shall not include security, directional, sign or marquee-style lighting. The maximum number of lamps per building side shall be determined by dividing the length of the building side (measured in feet) by 20. (see Illustration 4). All other building mounted lighting shall satisfy the general lighting requirements set forth in Section 26-269.

(b)

Recreational and Sports Facilities Lighting.

(1)

Shielding. Where the Director determines that full cutoff fixtures cannot practically be used to provide adequate light to recreational and sports facilities, the following outdoor light fixtures may be permitted:

a.

Fixtures with internal or external glare control louvers that are installed so as to minimize uplight and off-site light trespass; and

b.

Fixtures that are installed and maintained with aiming angles that minimize the light emitted by each fixture which projects above the horizontal.

(2)

Light trespass. Recreational and sports facilities lighting shall be installed so as to limit off-site spill to the extent possible consistent with the illumination constraints of the design, and shall be subject to the provisions of Section 26-269 except in the following instances:

a.

For recreational or sports facilities without lights which are in existence at the time of the adoption of these regulations, the light intensity for new lights shall not exceed three-quarters (0.75) foot-candles measured at ten (10) feet beyond the property line of any adjacent non-residential property and 0.5 foot-candles at ten (10) feet beyond the property line of any adjacent residential or agricultural property, as measured at ground level.

b.

For existing recreational or sports facilities at which light fixtures had been lawfully installed prior to adoption of these regulations, such light fixtures may be maintained pursuant to the requirements in effect at the time of installation.

c.

The operator of an existing recreational and sports facility which is seeking to install additional lighting may request a Special Exception to permit light intensity greater than that set forth in this subsection.

(c)

Building facades. Uplighting of building facades is permitted and cutoff fixtures, as defined by the IESNA, shall not be required so long as shielded and directional fixtures are used (see Illustrations 6, 7). All such fixtures must be installed and aimed so as to minimize glare, sky glow and light trespass, and the light source must be aimed so that the light beam is not directed above the top of the building facade.

(d)

Gas lamp lighting. Gas lamp lighting shall be subject to the following regulations:

1.

The general lighting requirements set forth in section 26-269 shall apply, except that:

a.

Full cutoff or cutoff fixtures shall not be required; and

b.

Gas mantles shall not be required to be shielded from direct view from adjoining residential districts or from any public rights-of way.

2.

Fixtures shall have opaque tops to reduce sky glow.

3.

No more than four (4) gas mantles shall be installed on a single pole or fixture. Gas lamp fixtures shall not exceed the following light outputs:

Single mantle: 680 lumens

Double mantle: 1360 lumens

Triple mantle: 2040 lumens

Quad mantle: 2720 lumens

4.

Gas lamp lighting may not be used for required parking lot lighting.

5.

The total height of free standing gas lamp lighting shall not exceed 12 feet to the level of the mantle and 12.5 feet to the top of the fixture.

(e)

The lighting of flags of the United States and the Commonwealth of Virginia is exempt from the provisions of this section.

(f)

Security lighting required by federal or state law or regulation shall be exempt from the requirements of this section.

(Ord. No. 12-08, § 3, 1-9-13)

For the purpose of this division, certain terms and words pertaining to signs are hereby defined. The general rules of construction contained in article 1 are applicable to these definitions.

Accessory sign: A sign relating only to uses of the premises on which the sign is located, or products sold on the premises on which the sign is located, or indicating the name or address of a building or occupants or management of a building on the premises where the sign is located.

Banner: A sign, made of cloth, plastic or other flexible material on which words, letters, figures, colors, designs, or symbols are inscribed or affixed for the purposes of advertisement, identification, display, or direction and which is suspended for display, either with or without a frame, typically from buildings or poles. A banner shall be considered a 'decorative banner' if it contains no advertising or commercial images and either (a) solely identifies the project, development or subdivision within which the banner is posted or (b) is used for holidays or seasonal activities. Banners that display advertising or commercial images or which do not meet the criteria of a 'decorative banner' shall be considered an 'advertising banner.' Governmental flags or symbolic flags of religious, charitable, public or nonprofit organizations shall not be considered banners.

Constructionsign: A freestanding sign erected during the construction of a project, with information including, but not limited to, the name of the project, architect, developer, engineer, builder, or leasing agent, the development schedule, and the address or telephone number for information. Such signs shall be removed at the time of issuance of a permanent sign permit or the first occupancy permit, whichever is applicable.

Detachedsign: A sign not attached to or painted on a building, but which is affixed to the ground. A sign attached to a fence or to a wall which is not a part of a building (such as a decorative or retaining wall) shall be considered a detached sign.

Directionalsign: A small detached sign located on the premises and directing motorists to access drives, parking areas, or occupants of the premises, or giving information pertaining to operation or use of equipment or machinery on the premises. Such signs may include the use of logotypes.

Double-facedsign: A sign with two (2) parallel or nearly parallel faces, back to back, and located not more than twenty-four (24) inches from each other. Flashingsign: An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any sign which revolves or moves, whether illuminated or not, shall be considered a flashing sign, except for signs which display time, temperature, or date, and electronically controlled message centers.

Flat sign or wall sign: Any sign attached to, and erected parallel to the face of, or erected or painted on the outside wall of a building or structure and supported throughout its length by such wall or structure and not extending more than eighteen (18) inches from the wall. For the purpose of this section, "wall area" shall include flat structural surfaces such as canopy faces, but shall not include fences, retaining walls, decorative walls, light or telephone poles, or other surfaces which are part of the principal use. For the purpose of this section, "wall area" shall include flat structural surfaces such as canopy faces and parapets which project above the flat roof of a building, but shall not include fences, retaining walls, decorative walls, light or telephone poles, or other surfaces which are part of the principal use.

General advertising sign: Any sign which is not an accessory sign or which is not specifically limited to a special purpose by these regulations.

Ground sign: A detached sign, supported by one or more uprights, braces, columns, or pylons, in or upon the ground, where the support is not an integral part of the sign.

Illuminated sign: Any sign designed to give forth artificial light or designed to reflect light from one or more sources of artificial light erected for the purpose of providing light for the sign.

Indirectly illuminated sign: A sign which does not produce artificial light from within itself but which is opaque and backlighted or illuminated by spotlights or floodlights not a part of or attached to the sign itself, or a sign of translucent nontransparent material illuminated from within but with no exposed or exterior bulbs, tubes or other light source.

Marquee sign: Any sign attached to or hung from a marquee. For the purpose of this article, a marquee is a covered structure projecting from and supported by the building with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against weather.

Menu board or price board: A permanently mounted sign displaying the menu of a drive-through restaurant or the prices of a drive-through-oriented business, such as a car wash. Menu/price boards shall be considered wall signs and shall be located so as not to be generally visible from any adjoining roadway.

Monument sign: A detached sign, limited to no more than the maximum permitted height, where the supporting structure forms an integral part of the sign displayed thereon.

Portable sign: A sign which is not permanently affixed to the ground, to a building, or to some other immobile structure and is designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes. "Portable sign" includes, but is not limited to, signs with attached wheels, sandwich boards, gas or hot or cold air filled balloons, and inflatables.

Projecting sign: A sign which is attached to and projects more than eighteen (18) inches from the face of a wall of a building. The term projecting sign includes a marquee sign.

Real estate sign: A temporary freestanding sign larger than six (6) square feet in area, erected on a commercial or industrial zoned parcel, advertising the availability of the property on which the sign is located for sale or lease. Such signs shall not exceed thirty-two (32) square feet in area nor eight (8) feet in height, shall not be illuminated, and shall be placed no closer than twenty-five (25) feet from the property line. The signs shall be maintained in good condition and shall be erected for a period not to exceed six (6) months. Extensions of the time period for display may be granted upon reapplication.

Roof sign: A sign attached to, or supported by, the roof structure of a building, or which is erected above the eave line of a structure. Any part of a building designed to appear as a roof including, but not limited to, the use of (a) metal, (b) asphalt, cedar, terra cotta or other shingles, or (c) synthetic materials that are similar in appearance, shall be considered a roof structure for the purposes of this definition.

Sign: An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land, which is visible from an adjoining property or from a right-of-way, and which directs attention to a product, place, activity, person, institution, or business. For the purposes of this section, a "sign" shall not include outdoor displays that

1.

are constructed by or for educational or philanthropic institutions, including museums, art galleries and libraries,

2.

do not convey advertising or commercial material, and

3.

are not connected with any business operating on site.

Sign area: That area within a continuous perimeter consisting of the smallest circle, square, rectangle, triangle, or combination thereof, including the outer extremities of all letters, figures, characters, and delineations, or within a perimeter including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, shall not be included in a computation of sign area unless it forms an integral part of the display. For signs with two faces, one side shall be included in a computation of sign area; for signs with three or more faces, the total area shall not exceed twice the permitted sign area. The area of a cylindrical sign shall be computed by multiplying one-half of the circumference by the height of the sign.

Sign height: The vertical distance from the street grade or the ground elevation where the sign is located, whichever is greater, to the highest point of the sign.

(Ord. No. 12-08, § 3, 1-9-13)

The following regulations apply generally to all signs and are in addition to the regulations contained elsewhere in this ordinance:

1.

No sign, unless herein excepted, shall be erected, constructed, posted, painted, altered, maintained, or relocated, except as provided in this article and in these regulations, until a permit has been issued by the zoning administrator. Before any permit is issued, an application especially provided by the zoning administrator shall be filed, together with three (3) sets of drawings or specifications (one of which is to be returned to the applicant) as may be necessary to fully advise and acquaint the zoning administrator with the location, construction, materials, manner of illuminating or securing or fastening, and number of signs applied for, and the wording of the sign or advertisement to be carried on the sign. All signs which are electrically illuminated shall require a separate electrical permit and inspection.

2.

All signs shall be erected on or before the expiration of thirty (30) days from the date of issuance of the permit; otherwise, the permit shall become null and void and a new permit shall be required.

3.

Each sign requiring a permit shall be clearly marked with the permit number and name of the person or firm placing the sign on the premises.

4.

Fees for sign permits shall be in accordance with the schedule adopted by ordinance, a copy of which is maintained in the office of the zoning administrator.

5.

Structural and safety features and electrical systems shall be in accordance with the requirements of the applicable codes and ordinances. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this ordinance and applicable technical codes.

6.

The following signs are exempted from the provisions of these regulations and may be erected or constructed without a permit provided (i) the sign is erected or constructed in accordance with the structural and safety requirements of the building code, (ii) the sign shall not be placed in the right-of-way or within the sight distance triangle at a road intersection, (iii) the sign does not obstruct vehicular or pedestrian travel, and (iv) the sign does not obstruct the view of the number for a building assigned pursuant to the property numbering and street naming system from the public or private street or access area on which the property is located:

a.

Official traffic signs or sign structures and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency, and temporary signs indicating danger.

b.

Changing of the copy on a bulletin board, poster board, display encasement, or marquee.

c.

Temporary nonilluminated signs, not more than six (6) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate, and located on the premises, one (1) such sign for each street frontage, provided such signs advertising real estate for sale, rent, or lease must be removed within seven (7) days of the property being sold, rented or leased.

d.

Temporary nonilluminated signs, not more than six (6) square feet in area, located on a property at an intersection, directing the public to houses for sale, provided that:

i.

Such signs may only be placed with the written permission of the owner of the property, if the owner of the sign is not also the owner of the property on which the sign is being placed, and such writing shall be presented to the county immediately upon request;

ii.

Only one such sign is permitted for each street frontage; and

iii.

Such signs may be placed no earlier than 3:30 p.m. on Friday afternoon and removed no later than 7:00 p.m. on the immediately following Sunday evening.

e.

Temporary nonilluminated signs not more than twenty (20) square feet in area, erected in connection with new construction work and displayed on the premises during such time as the actual construction work is in progress, one (1) such sign for each street frontage.

f.

Nonilluminated signs, not exceeding ten (10) square feet in area with letters not exceeding one (1) foot in height, painted, stamped, perforated, or stitched on the surface area of an awning, canopy, roller curtain, or umbrella.

g.

Nonilluminated signs warning trespassers or announcing property as posted.

h.

Temporary nonilluminated portable signs, not exceeding six (6) square feet in area, in a business or industrial district, one (1) for each street frontage.

i.

Sign on a truck, bus or other vehicle, while in use in the course of normal business. This section should not be interpreted to permit parking for display purposes of a vehicle to which signs are attached in a district where such signs are not permitted.

j.

Temporary nonilluminated or indirectly illuminated signs giving notice of public, semipublic or civic events, including public meetings, provided that such signs must be removed within seven (7) days of such event taking place.

k.

Directional signs, in accordance with applicable zoning district regulations as specified in this ordinance.

l.

Temporary, non-illuminated signs, not exceeding six (6) square feet in area, placed on a farm along the cultivated fields advertising the seed used for the agricultural products currently being cultivated on the premises.

m

Signs displaying non-commercial messages not otherwise regulated by this section, provided that any such sign:

i.

Shall not be illuminated;

ii.

Is erected or constructed by the owner of the property on which it is displayed or with the owner's permission;

iii.

Does not contain language or images that are obscene or defamatory.

For the purposes of this subsection, a "sign displaying noncommercial messages" means any sign not used to advertise the sale of goods and products including, but not limited to, "yard sales," the provision of services, or other commercial activity.

7.

The zoning administrator, upon application, shall issue temporary permits for the following signs and displays for a maximum of sixty (60) days during one (1) calendar year, comprising no more than four (4) periods, when the sign area does not exceed the maximum allowable area for a detached sign in the district in which it is located.

a.

Signs advertising a special civic or cultural event, such as a fair or exposition, play, concert or meeting, sponsored by a governmental or charitable organization.

b.

Special decorative displays used for holidays, public demonstrations, or promotion for nonpartisan civic purposes.

c.

Special sales promotion displays in a district where such sales are permitted, including displays incidental to the opening of a new business.

8.

The following signs are prohibited:

a.

Flashing signs.

b.

Portable signs, except as specified herein.

c.

Roof signs.

d.

Pennants, advertising banners, streamers, and all other fluttering, spinning, or similar type signs, except as specified herein.

e.

Signs which display intermittent lights resembling or seeming to resemble the flashing lights customarily associated with danger or such as are customarily used by police, fire, or ambulance vehicles or for navigation purposes.

f.

Signs so located and so illuminated as to provide a background of colored lights blending with traffic signal lights to the extent of confusing a motorist when viewed from normal approaching position of a vehicle at a distance of twenty-five (25) to three hundred (300) feet.

g.

Signs attached to trees, utility poles, or any other unapproved supporting structure.

h.

Inflatable signs or inflated objects used as signs.

i.

Signs containing language or images that are obscene or defamatory

9.

No sign which is not an integral part of the building design shall be fastened to and supported by or on the roof of a building and no projecting sign shall extend over or above the roof line or parapet wall of a building.

10.

Applications for unusual signs or displays which give rise to questions of interpretation of these regulations may be referred by the zoning administrator to the Board for the purpose of interpretation by the board and recommendation for action on the application by the zoning administrator. If, in the opinion of the board, the application is not adequately covered by these regulations, the board may authorize an appropriate amendment to this ordinance.

11.

Any request for a variation in the permitted height, area, location, or number of signs in any district may be granted as a special exception by the Board. An exception may be granted if the Board makes the following findings:

a.

That an exception would not unreasonably affect nor inhibit the movement of traffic on surrounding roads;

b.

That the proposed design and location of the signs(s) are compatible with existing signs and sign locations on surrounding properties;

c.

That the granting of the exception will not adversely affect the use of adjacent and neighboring property;

d.

That the granting of the exception will neither reduce, nor affect the placement of, required landscaping on-site and will not result in unsafe traffic patterns on site; and

e.

That the granting of the exception will not endanger the public safety, nor in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the county.

12.

Externally and internally illuminated accessory signs shall be turned off between 11:00 p.m. and sunrise, unless advertising a business located on the premises which is then open to the public, in which case the signs may remain lighted during business hours or unless the sign is located within one thousand (1,000) feet of the interstate highway right-of-way and oriented to be viewed from the interstate.

13.

The external illumination of signs shall be permitted subject to the following requirements:

a.

All fixtures shall be arranged and installed so that the light source is shielded from view from public rights-of-way and from non-commercial and non-industrial districts;

b.

Cutoff fixtures shall be used, except where the sign is illuminated by uplighting;

c.

Shielded and directional fixtures shall be used;

d.

Light fixtures shall be installed and aimed so as to minimize glare, sky glow and light trespass; and

e.

The light source shall be aimed so that the light beam is not directed above the top of the sign fascia, and the sign fascia and light source shall be designed and configured so that direct or reflected light shall not produce distractive glare in the public right-of-way.

14.

Permitted signs for a legal nonconforming business, commercial, or industrial use in a residential district shall consist of monument signs, including those on decorations posts, no larger than thirty (30) square feet in area and no greater than six (6) feet in height.

15.

Except as otherwise specifically provided in these regulations, all signs shall be subject to the provisions of section 26-10, governing nonconforming uses. In addition, the following provisions shall apply to nonconforming signs:

a.

Nonconforming signs located within commercial and industrial zoning districts may have the sign face replaced without change to its nonconforming status, as long as the new face replaces exactly the old face currently in use. No alteration shall be made to the existing sign structure, including any change to the size, shape, or lighting of the face, unless the sign is brought into compliance with the provisions of this ordinance.

b.

Any commercial or industrial use which ceases operations shall be required to remove all on- and off-premises signs associated with the business within six (6) months of closing.

16.

Except as otherwise provided, only one (1) attached sign of each permitted type shall be allowed, in accordance with applicable regulations, for each street frontage, for each permitted use on the premises. However, only one (1) detached sign shall be permitted for each street frontage, for each lot, regardless of the number of permitted uses located thereon. Where three (3) or fewer uses are located on the same lot, the permitted sign area may be increased by twenty (20) percent each for the second and third use, and the sign area shall be divided among the uses. One (1) such structure may be placed along each street frontage.

Where four (4) or more uses are located on the same lot, or where four (4) or more uses are located within the same structure spanning contiguous lots, the total allowable sign area shall be as specified herein for multiple use sites, and shall be limited to one (1) sign per frontage, which may include a register of uses.

For the purpose of this regulation, sign "types" are detached (ground or monument), flat (wall), projecting, marquee and special purpose signs specifically listed in the district regulations.

17.

Except as otherwise provided, no detached sign shall exceed a height of ten (10) feet.

18.

Signs of permitted types and sign may be placed on walls of buildings other than the front except on side or rear walls facing and within one hundred (100) feet of a residential district.

19.

No sign shall be erected or placed where any portion or part thereof projects across a property line.

20.

If a building has frontage on two (2) or more streets, each side of the building is to be separately considered for the purpose of determining compliance with the provisions of this Ordinance. Area allowances for signs may be utilized only on the side of the building from which they are calculated.

21.

No sign may be built, placed, or located within the sight distance triangle at each entrance or road intersection.

22.

No signs shall be attached to trees, utility poles, or any other unapproved supporting structure.

23.

The owner or tenant of the premises and the owner or erector of the sign shall be held responsible for any violation of these regulations. Where a sign has been erected in accordance with these regulations, the sign company shall be relieved of further responsibility under these regulations after final approval of the sign by the zoning administrator.

24.

Electronically controlled message centers may be included as part of a sign but shall be limited to no more than fifty percent (50%) of the area of the sign face. No flashing or scrolling text shall be used, and no message shall be displayed for an interval of less than thirty (30) seconds.

25.

All signs shall be maintained in good condition and appearance, including the exposed backs of all signs visible to the public, which shall be suitably finished. After due notice has been given as provided below, the zoning administrator may cause to be removed any sign which shows gross neglect or becomes dilapidated.

26.

The zoning administrator shall remove or cause to be removed any sign erected or maintained in conflict with these regulations if the owner or lessee of either the site or the sign fails to correct the violation within thirty (30) days after receiving written notice of violation from the zoning administrator. Removal of a sign by the zoning administrator shall not affect any proceedings instituted prior to removal of such sign.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

The following signs are permitted in the A-1, AR-2, AR-1, RC, AR-6, RS, R-1, R-2, R-3, R-4, R-5, and RM Zoning Districts, and those portions of an MX District that are used solely for residential uses:

1.

A name plate or directional sign, limited in area to two (2) square feet, to identify the owner or occupant of a dwelling or building or a permitted home occupation.

2.

"No trespassing" or "No Hunting" signs, without limitations on number or placement, limited in area to two (2) square feet each.

3.

A sign, limited in area to twenty (20) square feet, neatly constructed and maintained, advertising products raised on the premises.

4.

A sign, limited in area to ten (10) square feet, for identification of a farm or estate, or a sign, limited in area to twenty (20) square feet, for a subdivision or its occupants, with one (1) sign being permitted for each entrance. When two (2) single face signs are placed on either side of an entrance to a subdivision, each sign may comprise up to twenty (20) square feet.

5.

A sign for a church bulletin board or identification of permitted public and semipublic uses, recreational uses, or clubs. The sign shall conform to the size and location regulations contained in section 26-276(e), below.

6.

A temporary sign, erected in connection with new construction work and displayed on the premises only during such time as the actual construction work is in progress, limited to thirty-two (32) square feet.

7.

Signs, other than those permitted by subsection 22 (d), below, at locations on or off the premises, limited to the direction of the traveling public, truck deliveries, and employees to a subdivision or community, a construction site or excavation, airport, or other center of employment or visitor center or recreational facility, limited in area to six (6) square feet.

(b)

Except as provided in subsection (c),, in the RM, R-3, R-4, and R-5 Zoning Districts a sign, limited in area to ten (10) square feet, giving the name or address or management of a multiple-family dwelling or group of multiple-family dwellings shall be permitted in addition to those limited in subsection (a). If such sign is placed on a marquee, awning, or canopy, the height of letters shall not exceed one (1) foot.

(c)

In the RM District within which a manufactured home community is located, a sign, limited in area to thirty-two (32) square feet, giving the name or address of management of a manufactured home community shall be permitted in addition to those listed in subsections (a) and (b).

(d)

Within a development in the RC, RS or RM Zoning Districts, the following internal directional signs shall also be permitted:

1.

Temporary sales signs directing the public to houses or lots for sale within a development (or section of a development), in accordance with the following:

a.

Signs at the entrance to the development.

i.

One sales sign shall be permitted at each entrance to the development; and

ii.

An entrance sales sign shall be removed when building permits have been issued for 95% of the lots within the development.

b.

Internal sales signs.

i.

One sign shall be permitted at each intersection of two through cross roads within the development; and

ii.

An internal sales sign shall be removed when building permits have been issued for 95% of the lots (a) within the section or subdivision advertised or (b) within the section or subdivision in which the sign is located, whichever occurs first.

c.

The area of any temporary sales sign permitted by this subsection shall not exceed six feet by ten feet, and the area of the sign face shall not exceed four feet by eight feet.

d.

Temporary sales signs permitted by this subsection shall be located within common open space owned by a homeowners' association.

e.

Temporary sales signs shall not be lighted in any way.

2.

Permanent internal directional signs directing the public to residential sections, amenities, or improvements within the development shall be permitted in accordance with the following:

a.

The area of the sign face shall not exceed four feet by four feet;

b.

All internal directional signs shall be located on common open space or within an easement as shown on conceptual plan and recorded subdivision plat;

c.

Such signs shall be owned and maintained by the owners' association; and

d.

Permanent internal directional signs shall not be lighted in any way.

For purposes of this subsection, a development shall be a recorded subdivision, or multiple recorded subdivisions, that are developed and marketed as a single community.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

In the B-O, Business Office District:

(1)

Flat (wall) signs:

a.

There shall be a limit of one (1) sign per wall facing a street;

b.

Sign area shall not exceed ten (10) percent of the area of a wall that fronts on a street;

c.

No sign shall be larger than fifty (50) square feet.

(2)

Construction signs:

a.

There shall be a limit of one (1) construction sign per frontage;

b.

The maximum area of a construction sign shall twenty (20) square feet plus one (1) square foot per five (5) feet of lot frontage over one hundred (100) feet, up to a maximum of thirty-two (32) square feet.

(3)

Decorative banners, provided:

a.

Such banner does not exceed forty (40) square feet in area;

b.

No more than one (1) decorative banner shall be permitted per every two hundred fifty (250) feet of public road frontage within the development. Where the property contains less than two hundred fifty (250) feet of road frontage, only one (1) such banner shall be permitted.

(b)

In the B-1, Neighborhood Business District:

(1)

Flat (wall) signs:

a.

There shall be no limit on the number of wall signs;

b.

Sign area shall not exceed ten (10) percent of the area of a wall;

c.

No sign shall be larger than sixty (60) square feet.

d.

Illuminated signs inside show windows and within five (5) feet of such windows shall be included in the computation of sign area; and, in addition, shall be limited to ten (10) percent of the total glass area of the window in which they are placed.

e.

Outdoor menu or price boards shall be limited to no more than thirty-two (32) square feet of area.

(2)

Projecting signs (if there are no marquee or detached signs):

a.

There shall be a limit of one (1) per business on the premises;

b.

No sign shall be larger than ten (10) square feet.

(3)

Marquee signs (if there are no projecting signs):

a.

There shall be a limit of two (2) per each business on the premises;

b.

No sign shall be larger than three (3) square feet.

(4)

Temporary, nonilluminated paper signs in show windows, limited to twenty (20) percent of the glass area of the window in which they are placed.

(5)

Construction signs:

a.

There shall be a limit of one sign per frontage;

b.

The maximum area of a sign shall be thirty-two (32) square feet plus one (1) square foot per five (5) feet of lot frontage over one hundred (100) feet, up to a maximum of seventy-five (75) square feet.

(6)

Decorative banners, provided:

a.

Such banner does not exceed forty (40) square feet in area;

b.

No more than one (1) decorative banner shall be permitted per every two hundred fifty (250) feet of public road frontage within the development. Where the property contains less than two hundred fifty (250) feet of road frontage, only one (1) such banner shall be permitted.

(c)

In the B-2, Community Business District: Signs are permitted as specified in subsection (b), with the following exceptions:

(1)

Flat (wall) signs: As specified in subsection (b), except no sign shall be larger than two hundred (200) square feet.

(2)

Property signs: As specified in subsection (b), except signs are limited in size to thirty-two (32) square feet.

(3)

Marquee signs: As specified in subsection (b), except signs are limited in size to five (5) square feet.

(4)

Construction signs:

a.

There shall be a limit of one sign per frontage;

b.

The maximum area of a sign shall be fifty (50) square feet plus one square foot per five (5) feet of lot frontage over one hundred (100) feet, up to a maximum of one hundred (100) square feet.

(5)

General advertising signs, flat or detached, may be permitted as special exceptions by the Board, subject to the general sign regulations specified herein, in addition to but of no larger area than permitted for flat or detached signs in the district regulations, in accordance with procedures set out in this Ordinance.

(d)

In the B-3, General Business District and BP Business Park District: Signs are permitted as specified in subsection (b), with the following exceptions:

(1)

Flat (wall) signs: As specified in subsection (b), except no sign shall be larger than three hundred (300) square feet.

(2)

Projecting signs: As specified in subsection (b), except signs are limited in size to sixty (60) square feet.

(3)

Marquee signs: As specified in subsection (b), except signs are limited in size to ten (10) square feet.

(4)

Construction signs:

a.

There shall be a limit of one sign per frontage;

b.

The maximum area of a sign shall be seventy-five (75) square feet plus one square foot per five (5) feet of lot frontage over one hundred (100) feet, up to a maximum of one hundred fifty (150) square feet.

(5)

General advertising signs, flat or detached, may be permitted as special exceptions by the Board, subject to the general sign regulations specified herein, in addition to but of no larger area than permitted for flat or detached signs in the district regulations, in accordance with procedures set out in this Ordinance.

(e)

In the OS, Office/Service District:

(1)

Flat (wall) signs:

a.

There shall be a limit of two (2) signs per building, identifying the building or the name of the principal tenant,

b.

The maximum area of a sign shall be fifty (50) square feet.

c.

In lieu of the two (2) signs, an individual wall sign may be provided to each tenant provided the tenant has direct exterior access and no one (1) sign shall exceed twenty (20) square feet.

(2)

Directional signs:

a.

There shall be no limit on the number of signs;

b.

The maximum area of each sign shall be three (3) square feet.

(3)

Signs, in accordance with the provisions specified below for multiple use site, identifying the project. Where there is frontage on more than one (1) street, two (2) signs are permitted if the signs are at least one hundred fifty (150) feet apart, but the aggregate total area for the two (2) signs shall not exceed one hundred fifty (150) percent of the permitted sign area for one (1) sign. In no case shall either sign area exceed one hundred (100) square feet for a ground sign nor one hundred twenty-five (125) square feet for a monument sign.

(4)

Construction signs:

a.

There shall be a limit of one (1) sign per frontage;

b.

The maximum area of a sign shall be fifty (50) square feet plus one (1) square foot per five (5) feet of lot frontage over one hundred (100) feet, up to a maximum of one hundred (100) square feet.

(f)

Mixed Use District business requirements:

In those portions of an MX District that are used solely for business uses and those portions where residential uses are mixed with business uses, all signs shall conform to the regulations that are applicable in the B-3, General Business District.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 18-02, § 1, 3-28-18)

(a)

In the M-1, Limited Industrial District:

(1)

Flat (wall) signs:

a.

There shall be a limit of one (1) sign per street frontage or one (1) sign per industrial building of more than twenty thousand (20,000) square feet of floor area.

b.

The maximum area of a sign shall be two hundred (200) square feet.

(2)

Directional signs:

a.

There shall be no limit on the number of signs;

b.

The maximum area of each sign shall be ten (10) square feet.

(3)

Construction signs:

a.

There shall be a limit of one (1) sign per frontage;

b.

The maximum area of the sign shall be fifty (50) square feet plus one (1) square foot per five (5) feet of lot frontage over one hundred (100) feet, up to a maximum of one hundred (100) square feet.

(4)

Any sign permitted in the A-1, Agricultural District.

(5)

A sign limited in area to thirty (30) square feet and limited in height to fifteen (15) feet, giving the name or address or management of an industrial subdivision.

(b)

In the M-2, Light Industrial District:

(1)

Flat (wall) signs: General advertising or otherwise, no limit on number or area.

(2)

Projecting signs (if no marquee or detached signs):

a.

There shall be a limit of one (1) sign per business on the premises;

b.

The maximum size of a sign shall be limited in size to sixty (60) square feet.

(3)

Marquee signs (if no projecting signs):

a.

There shall be a limit of two (2) signs per each business;

b.

No sign shall be larger than ten (10) square feet.

(4)

Directional signs: No limit on size; no limit on number.

(5)

Temporary, nonilluminated paper signs in show windows; limited to twenty (20) percent of the glass area of the window in which they are placed.

(6)

Construction signs:

a.

There shall be a limit of one (1) sign per frontage;

b.

The maximum area of a sign shall be seventy-five (75) square feet plus one (1) square foot per five (5) feet of lot frontage over one hundred (100) feet, up to a maximum of one hundred (100) square feet.

(7)

General advertising signs (detached) may be permitted as special exceptions by the Board in accordance with the procedures set out in this Ordinance, subject to the general sign regulations specified herein. There is no limit on size.

(c)

In the M-3, Heavy Industrial District: Signs are permitted as specified in subsection(b), M-2 District, with the following exceptions:

(1)

Projections signs: As specified in subsection (b), except signs are limited in size to thirty-two (32) square feet.

(2)

Marquee signs: As specified in subsection (b), except signs are limited in size to five (5) square feet.

(3)

Construction signs:

a.

There shall be a limit of one (1) sign per frontage;

b.

The maximum area of a sign shall be seventy-five (75) square feet plus one square foot per five (5) feet of lot frontage over one hundred (100) feet, up to a maximum of one hundred fifty (150) square feet.

General advertising signs (detached), as special exceptions, as specified in subsection ().

(d)

Mixed Use District industrial requirements:

In those portions of the district that are used solely for limited industrial uses and those portions where residential uses or commercial uses are mixed with limited industrial uses, all signs shall conform to the regulations that are applicable in the M-1 Limited Industrial District.

(e)

Business/Industrial/Office-Service District requirements (detached and directional signs):

(1)

For all permitted uses in the Business (B), Office/Service (OS), and Industrial (M) Districts, the following standards for detached signs shall apply:

a.

Detached Sign Standards - Single Use Sites

(ground signs: G - monument signs: M)

b.

Detached Sign Standards - Multiple Use Sites

(ground signs: G - monument signs: M)

c.

Monument signs shall be limited to one-half of the permitted height for ground signs. When monument signs are used on a site, the permitted detached sign area may be increased by twenty-five (25) percent. The area of sign face to support structure shall not exceed a ratio of 2:1.

d.

Sites which have frontage on designated scenic roads, as shown on the adopted major thoroughfare plan map, shall be permitted to erect monument signs only, with a height limit of six (6) feet to the top of the sign face, and eight (8) feet for the support structure. Such signs shall not be internally lighted with a full plastics face, but shall be limited to the use of translucent lettering or logotypes placed on opaque backgrounds. No exposed lighting (neon or fluorescent tubing) shall be used.

e.

No sign erected within two hundred (200) feet of a residential district shall use exposed lighting (neon or fluorescent tubing). Such signs shall not be internally lighted with a full plastic face, but shall be limited to the use of translucent lettering or logotypes placed on opaque backgrounds. These provisions shall not apply when the residential district is located across the public right-of-way from the commercial or industrial site.

f.

Detached signs shall be erected at least one hundred (100) feet apart unless otherwise specified in this section. Where application of this standard would preclude the erection of any detached sign on a legal lot of record, one (1) detached sign may be erected at a point approximately equally distant from existing signs located in either direction as long as all other requirements of this section are met.

(2)

For all permitted uses in the business (B) and industrial (M) districts, directional signs shall be permitted without limit to number, and shall be no larger than four (4) square feet per sign except as otherwise specified in this section.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

When theaters are included in shopping centers, an additional sign for the use of the theater in advertising its attractions may be permitted for each lot frontage. The sign shall not exceed one hundred (100) square feet in area.

(b)

Signs, other than those regulated by subsection (f), below, that are erected to be visible from Interstate highways may be permitted as special exceptions in accordance with the following standards:

1.

The subject property shall be contiguous with the Interstate highway right-of-way or with the right-of-way of a frontage road along the Interstate.

2.

The signage shall be for identification of a national, regional, or statewide corporate headquarters or distribution facility, or for a unique facility such as King's Dominion.

3.

There shall be no more than one detached sign per such frontage.

4.

In general, no sign shall exceed the following sizes:

(a)

For a facility with less than two hundred fifty thousand (250,000) square feet of floor area: One hundred (100) square feet.

(b)

For a facility with more than two hundred fifty thousand (250,000) square feet but less than five hundred thousand (500,000) square feet of floor area: Two hundred (200) square feet.

(c)

For a facility with more than five hundred thousand (500,000) square feet but less than seven hundred fifty thousand (750,000) square feet of floor area: Three hundred (300) square feet.

(d)

For a facility with more than seven hundred fifty thousand (750,000) square feet but less than one million (1,000,000) square feet of floor area: Four hundred (400) square feet.

(e)

For a facility with more than one million (1,000,000) square feet of floor area: Five hundred (500) square feet

Sign area shall be as defined in section 26-272.

5.

Signs shall be designed to be harmonious with the surrounding neighborhood and with the facility located on the subject property. Materials to be used for the sign shall be approved by the Board.

6.

The placement of the sign shall incorporate appropriate landscaping.

7.

If the sign is externally lighted, the light source shall not be visible from the Interstate highway or any other public roadway, and the light shall be directed downward.

8.

The height of the sign shall be appropriate to the height of the facility located on-site and to the surrounding topography, but in no case shall any sign height exceed forty (40) feet.

(c)

Within designated historic districts, sign faces may be suspended below other sign faces provided that (1) the total area of all connected sign faces shall not exceed the permitted area for signs in the underlying zoning district; and (2) all such signs shall not be lighted. The design, color, and location(s) of hanging signs shall be reviewed and approved by the architectural review board prior to issuance of any sign permit.

(d)

Within the RS, RM, R-1, R-2, R-3, R-4, and R-5 Zoning Districts, decorative banners may be permitted as special exceptions in accordance with the restrictions set forth in section 26-275.

(e)

A conditional use permit may be issued for freestanding signs (hereinafter "destination commerce signs") that are adjacent to and intended to be viewed from Interstate highways and are located within areas designated as Destination Commerce on the General Land Use Plan in the Hanover County Comprehensive Plan, in accordance with the following:

1.

The number of destination commerce signs that may be permitted within a development located within an area designated as Destination Commerce shall be as follows:

(a)

Two signs, when a minimum separation of 3,000 feet between signs within the same development can be provided;

(b)

In all other instances, only one sign may be permitted within the development.

2.

For the purposes of this subsection, a "destination commerce sign" shall not include the base or the supporting structure of the sign.

3.

A conditional use permit pursuant to this subsection may only be issued where the development is larger than 100 acres. The development may consist of a single parcel or multiple parcels within a single unified development. Eligible sites shall have no less than 1,500 feet of interstate frontage.

4.

The signage shall be for the identification of businesses within the area designated for Destination Commerce on the Hanover County General Land Use Plan.

5.

The regulations regarding the height, area and location of a sign provided for elsewhere in this section may be modified provided:

(a)

The destination commerce sign does not create a hazard for the Hanover County Airport for existing, future or planned Airspaces. In determining whether a sign creates such a hazard, the Director may consult with the Federal Aviation Administration and the Virginia Department of Aviation;

(b)

The destination commerce sign is not placed within the sight distance triangle at a road intersection, does not obstruct vehicular or pedestrian travel, and does not violate any federal, state or industry safety and design standards for signs; and

(c)

The destination commerce sign is erected or constructed in accordance with the structural and safety requirements of the building code.

(d)

The maximum height of the destination commerce sign shall not exceed 125 feet, including any support structures.

6.

The base of the destination commerce sign shall conform to the following:

(a)

The base shall be designed so that the destination commerce sign is a monument sign;

(b)

The area of the base of the sign shall be at least 20% of the sign area, but may not exceed 100% of the sign area;

(c)

Advertising is permitted on the base of the sign, provided:

i.

the advertising is limited to the name of the project and a single tenant, and

ii.

the area of the advertising on the base does not exceed 500 square feet or 50% of the area of the base, whichever is less; and

(d)

All equipment such as mechanical fans and compressors and external electrical switchgear and meters, shall be installed completely within the base of the sign or shall be screened from view from public rights-of-way, adjoining properties, and parking areas.

7.

At the time of application, the applicant shall submit

(a)

color elevations of the sign and all supporting equipment, which shall include scale drawings and color representations of how the sign will appear from the interstate highway, adjacent properties, adjacent public or private roads (if any) and parking lots and other public areas located within the development, and

(b)

a screening and landscaping plan.

The screening and landscaping plan shall contain typical landscape details, including materials used and species of shrubs, trees and plants and shall indicate the location where these materials will be installed.

8.

The minimum setback from properties adjoining the project (other than the interstate highway) for a destination commerce sign approved pursuant to this section shall be equal to the height of the sign.

9.

Any destination commerce sign approved pursuant to this section shall also comply with the following requirements:

(a)

Lighting for the sign shall comply with the provisions of Division 6 of article 5.

(b)

No more than two variable message panels shall be incorporated into a single sign, and each panel shall generally be placed back-to-back to allow the message to be displayed for bi-directional traffic.

(c)

When Light Emitting Diode (LED), Liquid Crystal Display (LCD), or video display message panels are used, the light emitted by the display shall not exceed 5,000 nits during daylight hours and 500 nits during nighttime hours, and the diode pitch shall not exceed 25 millimeters.

(d)

Messages incorporated into changeable message boards:

i.

Shall not be changed more frequently than the amount of time that is equal to the sight distance on the interstate highway to the sign (in feet) divided by the posted speed limit of the interstate highway (in feet per second); provided, the message shall not be changed more frequently than once every ten seconds.

ii.

Shall not be sequenced on the same message board, a message board on the other side of the sign, or any other sign located on or off the property.

iii.

Shall be presented so that, between messages, the message board shall either go to black or immediately transition to next the message.

iv.

Shall not incorporate any dissolve, wipe, or other graphic effect.

v.

Shall be static and shall not involve the use of visual or special effects, full or partial motion video, or similar effects.

vii.

Shall not utilize any sound, whether amplified from the sign itself or transmitted from the site to be heard by those traveling on or off the premises.

viii.

Shall not incorporate any technology that allows those seeing the sign to interact with the message displayed on the sign.

ix.

Shall be designed so that the message board goes to black if a malfunction occurs.

x.

Shall be equipped with sensors and dimmers to ensure that the light output of the sign complies with the light limits set forth in this section or any light limit established as a condition of approval.

xi.

Shall display identical messages when a sign is equipped with two message boards on opposite sides of the sign.

(e)

The maximum splay for back-to-back panels shall be twenty-five (25) degrees.

10.

The issuance of a conditional use permit pursuant to this subsection shall not preclude the erection or construction of other signs on the property otherwise allowed under the general sign regulations contained in this section; provided, if a site or development contains a sign permitted pursuant to subsection (25)(c) of this section prior to a request for a destination commerce sign, a conditional use permit allowing one destination commerce sign may be approved so long as the existing sign and the destination commerce sign comply with the spacing and other requirements of this subsection.

11.

A conditional use permit shall not be granted for a sign that is proposed to be constructed pursuant to this subsection:

(a)

Within 3,000 feet of another sign permitted by this subsection that is located in another development, when the signs are located on the same side of an interstate highway; and

(b)

Within 1500 feet of another sign permitted by this subsection, when the signs are located on opposite sides of an interstate highway.

12.

A conditional use permit may only be granted if the Board makes the following findings:

(a)

The design of the sign does not create a visual distraction or hazard to motor vehicles traveling along the public right-of-way or within roads, driveways, and parking lots located within the development;

(b)

The design of the sign is architecturally compatible with the project;

(c)

Materials used for the construction of the design are in keeping with the materials used throughout the project; and

(d)

The sign is designed to minimize glare onto the public right-of-way and adjoining properties.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

The flags of the United States of America and the Commonwealth of Virginia shall be exempt from this Ordinance.

(b)

Flags of other nations, flags of other political subdivisions of the United States, flags of bona fide civic, charitable, fraternal, and welfare organizations, and flags of corporations may be displayed without a permit, provided that such flags are displayed in accordance with applicable flag codes and the following standards:

(1)

The height of a flagpole shall be no more than one hundred thirty-three (133) percent of the height of the principal structure on site, but in no case shall the height exceed seventy-five (75) feet. If more than one (1) pole is erected, the second and subsequent poles shall be limited to a height no more than ninety (90) percent of the first pole. No more than four (4) poles shall be erected on one (1) site.

(2)

Only one (1) flag shall be displayed on a pole at any time.

(3)

When only one (1) pole is erected, it shall only be used to display the flag of the United States. When two (2) or more poles are erected, the taller of the poles shall be to the right and shall be used to display the flag of the United States. The flag of the United States shall always be displayed at the highest point of the group. No flags shall be displayed without also displaying the flag of the United States.

(4)

No flag shall have a length more than twenty-five (25) percent of the height it is flown from the ground. Only flags which have heights between fifty (50) percent and one hundred (100) percent of their lengths shall be flown. Flags of governments recognized by the United States which do not meet this criterion shall be permitted to be flown. No flag displayed will have an area greater than ninety (90) percent of the flag of the United States also being displayed unless it is the flag of another sovereign nation, in which case the flags shall be approximately equal in size.

(5)

Corporate flags may only display the name and logotype, or an acronym and logotype, of a company. Mottoes, slogans, and other copy are not permitted. Corporate flags shall only be flown simultaneously with the flag of the United States.

(6)

No flag which is badly tattered, soiled, or faded shall be displayed.

(7)

Flags displayed after dark shall be lighted, with the light source arranged and installed so as to direct the light downward. No source shall be directly visible from an adjoining public thoroughfare.

This section shall not apply to decorative flags displayed on residences.

(c)

During nationally recognized holiday periods, or during a special civic event, or during special promotions in districts where such are permitted, including the opening of new businesses or the closing of existing businesses, pennants, advertising banners, streamers and other fluttering, spinning, or similar type advertising devices pertaining to said periods or events may be displayed by temporary permit as provided above in this section.

(Ord. No. 12-08, § 3, 1-9-13)

Except for vehicle and equipment storage in conjunction with a construction or service contractor's business office, home occupations shall conform to the standards specified below:

1.

The home occupation use shall be limited to the hours between 7 a.m. and 9 p.m., Monday through Saturday.

2.

There shall be no outside storage of materials used in the business, unless screened in accordance with the standards of Section 26-263.

3.

There shall be no exterior indication that the building is being utilized for any purpose other than that of a dwelling, except for signage as specified below.

4.

There shall be parking provided as follows: One space per nonresident employee and one space per two hundred (200) square feet of floor area devoted to the office, personal service, retail sales businesses, or home craft uses, or one space per student for instructional uses. Such business spaces shall be in addition to the required residential parking spaces on site.

5.

All parking provided as part of the home occupation shall be located in the side or rear yard only and shall be no closer than ten (10) feet from any property line.

6.

There shall be no more than one nonilluminated sign permitted, limited to no more than two (2) square feet, advertising the home occupation.

7.

There shall be no work done on the premises which produces noise in excess of the limits specified in the Noise Ordinance for the zoning district in which the home occupation is located.

8.

There shall be no work done on the premises which produces vibration, glare, fumes, odors, dust, or electrical interference with the radios, televisions, or other electronic equipment of surrounding property owners.

9.

Home craft businesses shall be permitted for the creation or assembly of such crafts on-site only. Sales of such crafts shall occur off-site or pursuant to a special exception permit for operation of a Home Craft Shop.

10.

Home retail sales businesses shall be permitted as special exceptions. Repair and demonstration of products sold may be approved as part of the exception granted by the Board.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 18-05, § 1, 4-25-18; Ord. No. 25-02, § 8, 5-28-25)

Accessory housing units shall conform to the following standards:

(a)

Standards applicable to all accessory housing units:

1.

Only one (1) accessory housing unit shall be permitted on a zoning lot.

2.

Any external access for the accessory housing unit shall be located in a side or rear yard.

3.

No accessory housing unit shall comprise more than twenty-five (25) percent of the living area of the main building. "Living area" shall be defined as finished floor area of the main building including finished basements but not including attics or attached garage space.

4.

Two (2) off-street parking spaces shall be provided for the accessory housing unit in addition to the spaces provided for the principal residence.

5.

No more than two (2) bedrooms shall be provided in any accessory housing unit.

6.

The owner(s) of the property must reside on the property where the accessory housing unit is located.

7.

At no time may a detached accessory housing unit be used as a short-term rental without appropriate zoning approvals.

8.

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 a special exception, or the extension of a permit or special exception, pursuant to this section.

(b)

Standards applicable to accessory housing units that will be occupied by a family member of the owner of the subject property (other than for use in cases of a medical hardship):

1.

The duration of a special exception for an accessory housing unit under this subsection shall be for a period not to exceed three (3) years, subject to renewal by the board for subsequent periods, not to exceed three (3) years.

2.

Upon the expiration of the special exception, the accessory housing unit may no longer be occupied on a permanent basis; however, it may be occupied as a "guest house" in accordance with the applicable district regulations.

(c)

Standards for the use of accessory housing units as temporary living quarters in the case of medical hardships:

1.

The owner of the property shall provide a verified statement by a medical practitioner stating the following:

a.

That a particular individual requires continuous care by another person for health reasons, and

b.

A verified statement that use of the accessory housing unit is necessary to provide such care.

2.

The duration of a permit or special exception issued under this subsection shall not exceed two (2) years. Extensions may be granted for periods not to exceed two (2) years, 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 or special exception;

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.

3.

The occupant of the accessory housing unit approved pursuant to the provisions of this section may be either the person needing care or the person providing care.

4.

Upon expiration of the permit or special exception, the accessory housing unit shall no longer be occupied on a permanent basis; however, it may be occupied as a "guest house" in accordance with the applicable district regulations.

(d)

Should the owner wish to convert the use of the accessory housing unit from one (1) permitted by subsection (b) to one (1) permitted by subsection (c), or vice versa, such conversion shall require an amendment to the special exception.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-06, § 7, 5-24-23; Ord. No. 25-10, § 6, 8-27-25)

(a)

For properties zoned A-1, RC, AR-6, RS, RM, AR-1, AR-2, R-1, R-2, or R-3, or zoned R-4, or MX and used for single-family residential use, one temporary family health care structure is permitted on a lot as an accessory use provided:

1.

The temporary family health care structure is used by a caregiver in providing care for a mentally or physically impaired person;

2.

The temporary family health care structure is located on property owned or occupied by the caregiver as his residence;

3.

The temporary family health care structure complies with all setback requirements that apply to the primary structure;

4.

The caregiver has obtained a permit for the temporary family health care structure, as set forth in subsection B;

5.

The temporary family health care structure is connected to all water, sewer, and electric utilities that serve the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health; and

6.

There is no signage advertising or otherwise promoting the existence of the structure either on the exterior of the temporary family health care structure or elsewhere on the property.

(b)

Before a temporary family health care structure can be placed on a property, the caregiver must obtain a permit for such structure. The Director shall issue a permit allowing for such use if the following evidence is provided by the caregiver that:

1.

The property on which the temporary family health care structure is to be located is the caregiver's primary residence;

2.

The person to be cared for meets the requirements set forth in the definition of "mentally or physically impaired person," below; and

3.

The proposed temporary family health care structure will comply with the provisions of this section.

(c)

The permit issued by the Director pursuant to this section shall be valid for one year and may be renewed annually. The permit shall be renewed only if the caregiver provides evidence that the requirements set forth above continue to be satisfied. The temporary family health care structure shall be removed within 30 days of the date that the mentally or physically impaired person no longer receives care on the property or when the mentally or physically impaired person no longer needs the assistance described in this section.

(d)

The Director may inspect the property, at reasonable times convenient to the caregiver, in connection with the issuance or renewal of a permit issued pursuant to this section.

(e)

The Director may revoke the permit granted pursuant to this subsection if the permit holder violates any provision of this section.

(f)

For purposes of this section:

1.

"Caregiver" means an adult who provides care for a mentally or physically impaired person within the commonwealth. The caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom he is caring.

2.

"Mentally or physically impaired person" means a person who is a resident of the commonwealth and who requires assistance with two or more activities of daily living, as defined in section 63.2-2200 of the Code of Virginia, as certified in a writing provided by a physician licensed by the commonwealth.

3.

"Temporary family health care structure" means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that

a.

Is primarily assembled at a location other than its site of installation,

b.

Is limited to one occupant who shall be the mentally or physically impaired person,

c.

Has no more than 300 gross square feet, and

d.

Complies with applicable provisions of the Industrialized Building Safety Law and the Uniform Statewide Building Code as set forth in the Code of Virginia. Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Telecommunications towers shall be constructed with a galvanized steel finish or similar material and shall, to the extent practicable, use materials, colors and textures so as to reduce visual obtrusiveness.

(b)

Satellite dish and microwave dish antennas attached to telecommunications towers shall not exceed six (6) feet in diameter and shall be of a neutral, non-reflective color with no logos.

(c)

Whenever practicable, telecommunications towers shall include features that will camouflage the telecommunications tower so as to blend in with the natural setting and the built environment. Camouflaging includes, but is not limited to, design and construction so that the telecommunications tower appears to be a flag pole, silo or other agricultural building, or other landscape feature.

(d)

Prior to the use of a telecommunications tower or related facility, the owner of the tower or facility shall have obtained approval of the structural integrity by a registered professional engineer licensed in the state and a copy of such report shall be filed at the time of site plan review.

(e)

All telecommunications towers and related facilities shall be located, designed and operated in a manner that meets all requirements of the Federal Communications Commission and the Federal Aviation Administration and does not create a hazard for the Hanover County Airport for existing, future or planned Airspaces.

(Ord. No. 12-08, § 3, 1-9-13)

The following lighting requirements shall be in addition to any site lighting requirements set forth in division 6 of article 5:

1.

Telecommunications towers and facilities that are otherwise permitted by right 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.

2.

Telecommunications towers and related facilities that are allowed as a special exception or with a conditional use permit may be permitted if lighting beacons or other safety devices are required; however, if lighting is required, the owner of the telecommunications tower or related facility shall submit a lighting plan at the time of site plan review which shall include the available lighting alternatives. As part of site plan approval, the County shall approve the design that would cause the least disturbance to the surrounding views and have the least impact on neighboring properties.

(Ord. No. 12-08, § 3, 1-9-13)

All telecommunications facilities shall meet the setback requirements for principal structures on a property.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 18-10, § 1, 12-12-18)

No advertising of any type may be placed on a telecommunications tower or related facility, except that a sign shall be required displaying the name, registration number, and emergency contact number of the tower owner. The sign shall not exceed four square feet in size and shall be located on the security fence or other approved location.

(Ord. No. 12-08, § 3, 1-9-13)

All related facilities shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. At the time of site plan review, the owner of the property or the tower shall submit specifications on the security for the telecommunications tower or related facility, which shall demonstrate measures to ensure that:

1.

All antennas, towers and other supporting structures, including guy wires, are inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or run into; and

2.

Transmitters and telecommunications control points are installed such that they are readily accessible only to persons authorized to operate or service them.

(Ord. No. 12-08, § 3, 1-9-13)

All equipment and facilities related to a telecommunications tower shall be screened in accordance with section 26-263. Screening shall not be required if the equipment and facilities are located within an enclosed structure or are visually obstructed from the public right-of-way or from neighboring properties by existing vegetation or other structures on site. An applicant who proposes to use existing vegetation to screen the equipment and facilities shall record an easement providing that the vegetation shall remain. At the time of site plan review, the owner shall submit a landscaping plan showing existing vegetation and a screening plan for the equipment and facilities. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Any telecommunications tower or related facility found to be defective or unsafe shall be repaired to meet federal, state, and local safety standards or removed within six (6) months at the expense of the owner of the property or the telecommunications tower or related facility.

(b)

Any telecommunications tower or related facility that is not operated for a continuous period of eighteen (18) months shall be considered abandoned, and the owner of the telecommunications facility or related structure shall remove the tower or facility within ninety (90) days of receipt of notice from the county that the tower or facility must be removed. Removal includes the removal of the antennas, telecommunications towers and related facilities, fence footers, underground cables and support buildings. Any buildings and foundations may remain with the approval of the owner of the property on which the telecommunications tower or related facility is located.

(c)

If there are two (2) or more users of a single telecommunications tower or related facility, then this provision shall not become effective until all users cease using the telecommunications tower or related facility.

(Ord. No. 12-08, § 3, 1-9-13)

An application for a special exception or conditional use permit to allow the construction of a telecommunications tower or related facility shall be accompanied by a report containing the information set forth in this section. The report shall be signed and certified by a licensed professional engineer registered in the commonwealth. The report shall include the following:

1.

On the submitted proposed conceptual plan:

a.

Site topography and topography within a four hundred (400) foot radius of the proposed tower; and

b.

A scaled elevation view, including tree line heights.

2.

Design standards for the proposed telecommunications tower and related facility, with particular reference to design characteristics that have the effect of reducing or eliminating the visual impact from neighboring properties and rights-of-way.

3.

Photographs from the site showing adjoining properties and other relevant views and simulated photographic image of the proposed telecommunications tower and related facility from neighboring properties and rights-of-way.

4.

Name, address and phone number of the person preparing the report.

5.

Location of the nearest existing off-site residential structure.

6.

Location, size and height of all structures on the property which is the subject of the application.

7.

Type, locations and dimensions of all proposed and existing landscaping, and fencing.

8.

The design of the telecommunications tower or related facility, including the specific type of support structure that will be used and the design, type, location, size, height and configuration of all existing and proposed antennas and other equipment.

9.

A copy of the FCC license applicable for the use of telecommunications towers or related facilities.

10.

Certification that a topographic study and analysis and an environmental impact analysis have been conducted and that the site is adequate to ensure the stability of the proposed telecommunications tower or related facility. The environmental impact analysis shall identify all historic structures or sites that may be impacted by the proposed telecommunications tower or related facility and shall include an assessment of the impact that the proposed telecommunications tower or related facility will have on agricultural and forestal resources and wildlife habitats.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 18-10, § 2, 12-12-18)

(a)

Prior to the construction of any telecommunications tower or related facility, a site plan shall be prepared and submitted for review and approval in accordance with the requirements of division 2 of article 6; the site plan shall provide adequate information to demonstrate that the proposed telecommunications tower or related facility complies with all requirements of this section.

(b)

An obstruction survey shall be submitted within thirty (30) days of completion of the telecommunications tower or related facility; if the telecommunications tower or related facility is in operation prior to the expiration of that thirty-day period, the survey shall be submitted on the day that operation begins. The obstruction survey must meet the Accuracy Code '2C' as defined in Appendix 2 of FAA Order 8260.19C CHG 3 dated July 14, 2003, or the latest change.

(Ord. No. 12-08, § 3, 1-9-13)

Telecommunications transmissions from any telecommunications tower or related facility shall not interfere with the emergency public safety communications system operated by the county or any communications system operated by the federal, state or county government.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

The owner of property on which a telecommunications tower or other facility or the operator of the telecommunications tower or related facility shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage:

(b)

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the commonwealth.

(c)

The insurance policies shall provide that the insurance company is required to furnish the County with at least thirty (30) days prior written notice in advance of the cancellation of the insurance.

(d)

Renewal or replacement policies or certificates shall be delivered to the county at least fifteen (15) days before the expiration of the insurance that such policies are to renew or replace.

(e)

Prior to construction of a permitted telecommunications tower or related facility, the owner of the property on which the telecommunications tower or facility is located or the operator of the telecommunications tower or related facility shall deliver to the county a copy of each of the policies or certificates representing the insurance as required in subsection (a), above.

(Ord. No. 12-08, § 3, 1-9-13)

As used in this article, the following terms shall have the meanings indicated:

Battery(ies): A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this article, batteries utilized in consumer products are excluded from these requirements.

Battery energy storage system: One (1) or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 battery energy storage system as follows:

a.

Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to six hundred (600) kWh for on-site use only and, if in a room or enclosed area, consist of only a single energy storage system technology.

b.

Tier 2 battery energy storage systems have an aggregate energy capacity greater than six hundred (600) kWh or are comprised of more than one (1) storage battery technology in a room or enclosed area.

Cell: The basic electrochemical unit, characterized by an anode and cathode, used to receive, store, and deliver electrical energy.

Dedicated-use building: A building that is built for the primary intention of housing battery energy storage system equipment, as defined in the latest adopted editions of the Virginia Uniform Statewide Building Code ("Uniform Code") and the International Building Code, and complies with the following:

1)

The building's only use is battery energy storage, energy generation, and other electrical grid-related operations.

2)

No other occupancy types are permitted in the building.

3)

Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.

4)

Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, provided the following:

a)

The areas do not occupy more than ten (10) percent of the building area of the story in which they are located.

b)

A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.

Energy Code: The Virginia Energy Conservation Code, as amended.

Uniform Code: The Virginia Uniform Statewide Building Code adopted pursuant to § 36-98 of the Code of Virginia, as amended.

(Ord. No. 22-08, § 1, 11-9-22)

A.

All Tier 2 battery energy storage system installations shall comply with site plan requirements in accordance with section 26-319.

B.

All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that (1) contain or are otherwise associated with a battery energy storage system and (2) are subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Code of the County of Hanover.

(Ord. No. 22-08, § 1, 11-9-22)

(a)

Tier 1 battery energy storage systems. Tier 1 battery energy storage systems shall be permitted in all zoning districts, as accessory to a permitted use. Setbacks shall be determined by Article 5, Section 2 of the Zoning Ordinance.

(b)

Tier 2 battery energy storage systems. Tier 2 battery energy storage systems are permitted through the issuance of a Conditional Use Permit by the Board of Supervisors within the A-1, M-1, M-2, and M-3 zoning districts. All applications for Conditional Use Permits shall address at a minimum the following items:

1.

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

2.

Signage. No advertising of any type may be placed on a battery energy storage system or related facility, except that a sign shall be required displaying the name, registration number, and emergency contact number of the facility owner. The sign shall not exceed four (4) square feet in size and shall be located on the security fence or other approved location.

3.

Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes. Any exterior lighting shall comply with Article 5, Division 6 of the Zoning Ordinance.

4.

Noise. Noise shall be regulated by Chapter 16 of the Hanover County Code.

5.

Decommissioning.

i.

Decommissioning plan. The applicant shall submit a decommissioning plan prior to site plan approval to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:

1.

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

2.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

3.

The anticipated life of the battery energy storage system;

4.

The estimated decommissioning costs and how said estimate was determined;

5.

The method of ensuring that funds will be available for decommissioning and restoration;

6.

The method by which the decommissioning cost will be kept current;

7.

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

8.

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

ii.

Decommissioning fund. The owner and/or operator of the energy storage system shall provide surety in the form of a letter of credit, cash bond, or corporate surety for the removal of the battery energy storage system, in an amount to be determined by Hanover County, for the period of the life of the facility. All costs of the financial security shall be borne by the owner and/or operator.

(Ord. No. 22-08, § 1, 11-9-22)

(a)

Setbacks. Tier 2 battery energy storage systems shall comply with the setback requirements of the underlying zoning district for principal structures.

(b)

Height. Tier 2 battery energy storage systems shall comply with the building height limitations for principal structures of the underlying zoning district.

(Ord. No. 22-08, § 1, 11-9-22)

Principal solar energy facilities must conform to the following standards:

1.

Buffers: For photovoltaic panels, substations, and other equipment associated with the production and distribution of electricity (other than poles and wires) the following minimum buffers are required:

a.

One hundred fifty (150) feet from any property line or road. No panels, cabinets, or other associated equipment, exclusive of utility poles, wires, cables, and access roads, shall be located closer than twenty-five (25) feet from the buffer.

b.

One hundred (100) feet from RPA wetlands, rivers, streams or other environmentally sensitive features and fifty (50) feet from any wetland not associated with an RPA. No panels, cabinets, or other associated equipment; exclusive of utility poles, wires, cables, and access roads, shall be located closer than ten (10) feet from the buffer.

2.

Stormwater management: Stormwater management facilities shall not be located within the required buffer.

3.

Tree protection plan: A tree protection plan certified by a Landscape Architect, Certified Horticulturist, or ISA Certified Arborist must be provided with the site plan. Prior to land disturbance, all tree protection measures shall be installed by the property owner and inspected by a representative of the Planning Department.

4.

Landscaping: Buffers shall be landscaped in accordance with the standards set forth in this subsection, depending upon the type and density of existing trees and shrubs. Existing healthy vegetation may be used to meet these requirements. The preservation of existing trees and shrubs within required buffers shall be maximized to the extent practicable. Improvements within the buffer shall be limited to those required to provide access, utilities, and drainage, and shall be installed generally perpendicular to the buffer to reduce impacts to the buffer. Unless otherwise specified, references to the size of required trees and the characteristics of required trees and shrubs are in accordance with section 26-265. Shrub sizes are as follows: small shrubs are those that do not exceed four (4) feet at maturity without pruning, medium shrubs are those that reach four (4) to eight (8) feet at maturity without pruning, and large shrubs are those that reach greater than eight (8) feet at maturity. Maturity for shrubs is seven (7) years of age.

a.

Forested buffer planting standards: Forested buffers may be used to satisfy the buffer landscaping standards, provided the following conditions are met:

(1)

The buffer area is covered with at least seventy-five (75) percent of naturally-established vegetation;

(2)

The existing plant material is mature and in healthy condition;

(3)

The existing plant material consists of a mix of evergreen and deciduous trees which satisfy the following:

(a)

Existing deciduous trees having a minimum four (4) inch caliper measured two (2) feet from the ground;

(b)

Evergreen trees that are a minimum of ten (10) feet in height; and

(c)

Hardy shrubs that are a minimum of two (2) feet in height and width with a full growth habit;

(4)

Any existing trees which are used to satisfy this requirement must have the entirety of their canopies located within the buffer area; and

(5)

There is an established understory of small trees and shrubs, both evergreen and deciduous, to provide significant buffering at the lower forested area.

b.

Supplemental planting standards: Buffers which do not meet the requirements of subsection 4.a. of this section must conform to the following standards:

(1)

Forested buffers with no understory as required in subsection 4.a.(5) of this section must be improved as follows:

(a)

Three (3) small deciduous understory trees per one hundred (100) feet of buffer length;

(b)

Three (3) small evergreen trees per one hundred (100) feet of buffer length;

(c)

Five (5) large shrubs per one hundred (100) feet of buffer length; and

(d)

Ten (10) small to medium shrubs per one hundred (100) feet of buffer length.

(2)

Forested buffers with no evergreen tree component as required in subsection 4.a.(3) of this section must be improved to have the following, located along the inside or outside buffer line in a staggered pattern:

(a)

Four (4) large evergreen trees per one hundred (100) feet of buffer length; and

(b)

Six (6) small evergreen trees per one hundred (100) feet of buffer length.

(3)

Forested buffers with no deciduous tree component as required in subsection 4.a.(3) of this section do not represent an established mature buffer. Forested areas with only evergreen trees are considered pioneer growth and will need to meet the full buffer supplementation requirements outlined in this section. Existing evergreen trees can be used to meet the requirements related to evergreen trees.

(4)

Where existing buffers do not comply with subsection 4.a.(3) of this section due to immature, inadequate or unhealthy existing vegetation, the property owner shall plant a staggered pattern and placement in accordance with the following standards:

(a)

Plantings may be clustered within the buffer as long as there are no vegetative gaps of ten (10) or more linear feet or the existing stand of trees have no branches or understory growth lower than six (6) feet from the ground.

(b)

Clusters to be of no more than fifty (50) feet in width consisting of

i.

Two (2) large deciduous trees;

ii.

Four (4) small deciduous trees;

iii.

Six (6) large evergreen trees;

iv.

Eight (8) small evergreen trees;

v.

Seven (7) large shrubs; and

vi.

Fifteen (15) small to medium shrubs.

c.

Surety for landscaping: Prior to the approval of a plan of development, surety shall be provided for any landscaping plantings or improvements proposed for buffers or screening. Such surety must be sufficient to replace all landscaping plantings that must be replaced. Planning Department staff will inspect the property one (1) year after installation to determine if the landscaping plantings are healthy or need to be replaced.

d.

Landscape maintenance: The landscape plan submitted by the property owner must include a landscape maintenance schedule; this plan shall provide information as to how the property owner will ensure planted materials remain viable. The landscape maintenance plan shall include a schedule and the measures to be taken for the regular trimming and mowing of the site.

e.

Site stabilization: Pollinator and other ecologically friendly and beneficial ground covers that promote wildlife habitats and forage are required to be planted and maintained within the facility including, but not limited to, the ground below and surrounding the solar arrays.

5.

Height limitations: No building, structures, solar panel arrays or other equipment utilized on-site may exceed twenty (20) feet in height above finished grade. This restriction shall not apply to electric utility poles. Security fencing shall be limited to eight (8) feet in height.

6.

Access: Access to the property shall meet the requirements established by the Virginia Department of Transportation for entrance location and design, and those identified by Hanover County Fire - EMS as needed to ensure adequate emergency response. In no case shall aisle widths be less than twenty (20) feet.

7.

Underground utilities: All new transmission and distribution lines shall be placed underground except:

a.

Those lines which are solely the subject of the State Corporation Commission jurisdiction or otherwise required by the Commission.

b.

Where necessary to connect to the existing utility lines.

c.

When an exception is granted by the Director of Planning during the site plan review process. In order for an exception under this subsection to be granted, the applicant must demonstrate that placing the lines underground will create environmental harm, such as the disturbance of Chesapeake Bay Resource Protection Areas, or the placement of underground lines is not feasible due to topographical or other site conditions. Financial considerations do not constitute sufficient grounds for the Director to grant an exception.

8.

Security fencing: Security fencing and gates shall be provided and shall be designed and located in accordance with the following:

a.

All security fencing shall be located on the inner edge of the buffer (the edge furthest from the property line) when possible.

b.

Maximum height for fencing shall be eight (8) feet.

c.

Fencing shall include wildlife friendly design features, where the Director of Planning deems them appropriate.

9.

Lighting: Where required, site lighting shall meet the requirements of Article 5, Division 6, Lighting Requirements of the Hanover County Zoning Ordinance with regard to off-site light trespass. All fixtures shall utilize full cut off shielding. Lighting shall be reduced during nighttime hours to the minimum level necessary to maintain safety.

10.

Land disturbance and inspection: Land disturbance activity shall be limited to no more than one hundred (100) acres at a time, unless a greater amount is permitted at the time of site plan review by the Director of Planning.

11.

Phasing: Solar facility applications shall include a phasing plan if the project is to be phased.

12.

Decommissioning: All applications for Solar facilities shall be accompanied by a comprehensive decommissioning plan, as required by the Hanover County Solar and Energy Storage Policy. The decommission plan must include provisions addressing the following:

a.

The removal of all materials and equipment including, but not limited to, cabling and wiring, both above and below ground.

b.

The restoration of the property to its predevelopment condition including, but not limited to:

(1)

Soil remediation, including de-compaction, to ensure agricultural soils are able to support crops or pastureland.

(2)

Reforestation of areas where tree clearing has occurred.

c.

An estimate of the gross cost for the complete removal of the solar facility and all associated infrastructure, the cost of soil remediation, and the cost of reforestation.

(1)

The cost estimate shall not include anticipated or contracted for credits for the resale or salvage of the equipment and materials.

(2)

Cost estimates shall be itemized by decommissioning task.

d.

The means by which the solar provider shall reimburse the county for an independent review and analysis of the cost estimate by a professional engineer.

e.

Financial surety to Hanover County in an amount sufficient to undertake decommissioning activities should the owner default in its decommissioning responsibilities. The surety shall continue in effect during the operation of the solar facility and until the time when the county certifies that decommissioning activities have been satisfactorily completed.

f.

The decommissioning cost estimate shall be updated every five (5) years and adjusted for inflation. The value of the surety shall be increased to an amount equal to the inflation-adjusted cost estimate.

g.

Decommissioning shall commence within six (6) months after the facility ceases to produce any electricity for the distribution system to which it was connected. The site shall be maintained in accordance with the required landscaping maintenance plan as long as the facility is producing any electricity.

13.

Size:

a.

Utility scale facilities may be no greater than one thousand (1,000) acres.

(Ord. No. 23-14, § 21, 10-25-23)

The following shall apply to all accessory solar energy facilities:

1.

For roof-mounted facilities: The facility shall not extend more than twelve (12) inches above the roof surface at maximum tilt and shall not extend further than twelve (12) inches from the outside wall of the building. Solar shingles are considered to be the roof and are not subject to this requirement. A special exception is required for the height of the solar panels to exceed twelve (12) inches above the roof surface or twelve (12) inches from the outside wall. In no case shall the height of the solar panels exceed the maximum building height permitted in the applicable zoning district.

2.

For ground-mounted facilities:

a.

Height limits. No equipment, including panels, may extend more than twelve (12) feet in height above finished grade of the ground.

b.

Setbacks. Panels and other equipment must meet building setbacks of the district regulations for the property.

c.

Screening. Screening, consisting of a staggered double row of evergreen trees planted eight (8) feet on center, is required. The screening shall be installed in such a way as to block the view of the panels and other equipment from public and private roadways and adjoining properties.

(Ord. No. 23-14, § 22, 10-25-23)

The following standards shall apply to supplementary solar energy facilities:

1.

Maximum wattage (for off-site distribution): Two (2) megawatts.

2.

Size.

a.

The aggregate area used for the installation and operation of a supplementary solar energy facility shall not exceed ten (10) percent of the property on which the facility is located; provided, where rooftops of buildings containing a permitted use are used to house components of the facility, the aggregate area may be increased by the square footage of those buildings.

b.

Where multiple supplemental solar energy facilities are on adjoining properties, or are interconnected in any way, and the total area of combined facilities exceeds ten (10) acres, they will be considered a single principal solar energy facility and must comply with all standards and regulations applicable to principal solar energy facilities.

(Ord. No. 23-14, § 23, 10-25-23)

Unless modified or otherwise conditioned by the board of supervisors at the time of zoning approval, Recreational Substances, retail stores, shall be subject to the following standards:

1.

Any retail store must be located at least one (1) mile from the property line of any public or private school (pre-K through Grade 12);

2.

Any retail store must be located at least one-half (½) mile from the property line of any county or town park;

3.

Any retail store must be located at least two thousand (2,000) linear feet from the property line of an existing Recreational Substances, retail store; and

4.

The permissible hours of operation for any retail store shall be limited to 9:00 a.m. to 8:00 p.m.

5.

In addition to the lighting requirements set forth in sections 26-267 through 26-671, lighting for any retail store shall conform to the following:

(a)

In no case shall any exterior lighting impair the vision of motorists, whether on the public right-of-way or within parking areas; and

(b)

All interior lighting shall be designed to prevent the light source or high levels of light from being visible from a public right-of-way or adjacent properties. The use of neon, LED rope lighting, or similar lighting is prohibited.

(Ord. No. 25-11, § 7, 8-27-25)

It shall be unlawful for a property owner to:

1.

Store trash on any property zoned A-1, AR-6, RC, RS, RM, AR-1, AR-2, R-1, R-2, R-3, R-4, R-5, or R-6, or on any property zoned PUD or MX and used for residential purposes, unless:

a.

such trash is stored in tightly covered, leakproof containers or otherwise shielded from view so that such trash is not visible by someone standing at ground level from outside the property until the trash is transported to a solid waste disposal facility, taken from the premises by refuse removers, or otherwise disposed of as permitted by law, or

b.

on a property zoned A-1 or AR-6, the property owner maintains a sanitary landfill or trash collection site as authorized pursuant to a conditional use permit.

The provisions of this subsection shall not apply to any sanitary landfill or trash collection site owned or operated by the County.

2.

Maintain or operate a junkyard, including an automobile graveyard, on his property; provided, however, that a property owner may maintain a junkyard in an M-3 District as authorized pursuant to a conditional use permit.

(Ord. No. 12-08, § 3, 1-9-13)

The following provisions shall apply to the operation of a sanitary landfill or trash collection site:

1.

Access to the site shall not be by means of a minor residential street. An all-weather access road, negotiable by loaded collection vehicles, shall be provided to the entrance of the landfill area. An all-weather road to the unloading area shall also be provided.

2.

A durable fence shall prohibit the general public from entering the site when the gates are closed. Gates and locks must be provided at each entrance, a sign shall be posted, identifying the site and giving notice that only authorized persons are permitted on the site.

3.

An equipment shelter suitable to accommodate the equipment and other necessary service supplies shall be provided.

4.

A portable fence shall be placed near the unloading area to catch all blowing paper or other debris and material. This fence shall be checked and cleaned daily.

5.

Additions of garbage and refuse shall be spread evenly by repeated passages of landfill equipment. Each layer shall be compacted thoroughly to a depth not greater than approximately two (2) feet.

6.

Total depth of fill shall not exceed eighty (80) feet. Daily cover shall be six (6) inches, at least, of suitable soil, thoroughly compacted. Final cover shall be at least two (2) feet of compacted soil to be placed within one week of completion of fill.

7.

No burning of garbage and refuse shall be permitted on the site.

8.

Scavenging operations shall not be permitted to interfere with the operation of the landfill; all salvage material must be removed or covered by the end of each working day.

9.

Dust control measures shall be applied when necessary.

10.

Adequate vector control measures shall be continuously exercised.

(Ord. No. 12-08, § 3, 1-9-13)

The following provisions shall apply to the operation of a cemetery:

1.

May include a crematorium provided such building is located at least two hundred (200) feet from the boundaries of the cemetery.

2.

The minimum area of the cemetery shall be ten (10) acres unless accessory to a church or limited to use by a family.

(Ord. No. 12-08, § 3, 1-9-13)

Unless otherwise provided in district regulations or in a condition of approval for a conditional use permit, the following provisions shall apply to excavation and filling activities:

1.

No material may be brought onto the site from elsewhere for processing, mixing or similar purposes.

2.

The excavating, extraction or filling operation shall be controlled to offer reasonable protection to surrounding properties and the neighborhood, particularly as regards use of any residential streets for access to the site.

3.

The location of the excavation, extraction, or filling with respect to property lines, the depth of excavation or filling and relation to the water table or flood criteria, and the slope of the sides of the excavation shall be controlled to prevent erosion and siltation or a continuing unsightly, hazardous, or wasteful condition of the land.

(Ord. No. 12-08, § 3, 1-9-13)

The following provisions shall apply to the operation of self-storage warehouses:

1.

Parking requirements shall be based on the number of storage units provided and the square footage of the office area. These requirements are additive and the spaces shall be located near the office at the rate of one (1) space per four hundred (400) square feet of office area (minimum two (2) spaces) plus one (1) space per fifty (50) storage units or fraction (minimum two (2) spaces).

2.

Space shall be provided near the door to each storage unit, or near the access door for storage units inside a multi-story building, sufficient for a car or truck to unload. Within the project, aisles which have units (doors) on both sides shall be a minimum of thirty (30) feet wide (two (2) ten-foot parking lanes; one (1) ten-foot travel lane); for aisles with units (doors) on one (1) side only, the aisle shall be a minimum of twenty-five (25) feet wide (one (1) ten-foot parking lane; one (1) fifteen-foot travel lane).

3.

The storage building shall be limited to three (3) stories (forty-five (45) feet) in height. Elevations for all proposed structures shall be provided with the application.

4.

All storage buildings shall face the center of the property. All circulation on-site shall be designed to be internal; no aisles shall be placed between a building and a property line unless only one (1) building is proposed on site.

5.

The property shall be screened according to county standards around the perimeter of the property with either a fence or plantings. The front need not be screened, but landscaping shall be required as follows: per each twenty (20) linear feet of perimeter of the storage building, one (1) tree and two (2) shrubs shall be planted.

6.

All on-site lighting shall comply with the requirements of division 6 of article 5.

7.

A site plan shall be required regardless of square footage or location.

8.

Activity on-site other than storage of customers' goods and wares shall be prohibited.

9.

All storage shall be in compliance with the restrictions specified in the county fire code.

10.

Conversion of any self-storage facilities to any other uses shall require review for zoning compliance, including the issuance of a new certificate of occupancy.

(Ord. No. 12-08, § 3, 1-9-13)

1.

The following site design regulations shall apply to warehousing, storage, wholesaling, and distribution uses where such uses are permitted by right:

a.

Buffers: Buffers shall be required on the boundary of the property (i) adjacent to property zoned for residential use and located within the Suburban Service Area, or (ii) adjacent to public or private roads. All required buffers shall be planted in accordance with the Industrial Buffer standards of Section 26-266.

b.

Access: Driveways or rights-of-way, either public or private, serving the warehousing, storage, wholesaling, or distribution use shall comply with the following:

i.

Have direct access to a Major Thoroughfare as identified on the Major Thoroughfare plan; and

ii.

Be located no closer than five-hundred (500) feet from a public or private right-of-way serving a residential subdivision within the Suburban Service Area.

c.

Setbacks: Setbacks shall be established in accordance with the following:

i.

Public rights-of-way: one hundred fifty (150) feet.

ii.

Adjacent parcels zoned for agricultural or residential use: three hundred (300) feet.

d.

Warehousing, storage, wholesaling, and distribution uses that cannot or do not meet the requirements of (a) through (c) of this subsection may be allowed with a conditional use permit. Conditions may be imposed to ensure that impacts are adequately addressed in a manner consistent with the requirements of this section.

2.

Where warehousing, storage, wholesaling, and distribution uses are permitted as a conditional use, site design regulations will be established in the conditional use permit.

3.

The provisions of this section shall not apply to warehousing, storage, wholesaling and distribution uses which:

a.

Are in existence on April 24, 2024 and otherwise in compliance with the provisions of the Zoning Ordinance; provided, any expansion of an existing use shall be subject to the provisions of this section and the requirement, if applicable, that a conditional use permit be obtained;

b.

Are the subject of a site plan that was filed on or before April 24, 2024; or

c.

Are shown on a conceptual plan approved by the Board or within a condition of approval imposed or accepted by the Board prior to April 24, 2024.

(Ord. No. 23-10, § 11, 4-24-24)

Livestock auction markets operating as a conditional use within the A-1 District shall comply with the following requirements:

1.

That stock pens and main buildings are located at least three hundred (300) feet from any street or highway and at least one thousand (1,000) feet from any residence existing at the time of application.

2.

That adequate off-street parking and off-street loading space is provided for customers and employees.

(Ord. No. 12-08, § 3, 1-9-13)

Notwithstanding any district regulations to the contrary, the keeping of chickens on lots with single-family detached homes within the RS, R-1, R-2, and R-3 districts shall be permitted as an accessory use so long as the following conditions are satisfied:

1.

There shall no more than six (6) female chickens (hens) kept on the property. No male chickens (roosters) are permitted.

2.

All chickens shall be kept within an enclosure on the property. This enclosure shall:

a.

Contain a coop to house the chickens;

b.

Be constructed entirely within the rear yard of the property; and

c.

Be a minimum of fifteen (15) feet from all side and rear lot lines.

3.

All areas associated with the keeping of chickens shall be cleaned and made free of waste on a regular basis. Waste associated with the use shall be disposed of in an appropriate waste disposal container that is periodically removed from the site.

4.

The property owner shall employ a means of eliminating any odor problems and propagation of insects related to the use.

(Ord. No. 16-02, § 1, 5-11-16)

Notwithstanding any district regulations to the contrary, the keeping of bees in the RS, R-1, R-2, and R-3 districts shall be permitted as an accessory use so long as the following conditions are satisfied:

1.

There shall no more than two (2) production colonies and one (1) nucleus colony kept on the property. For the purposes of this section:

a.

"Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one (1) queen and at times many drones, including brood, combs, honey and the receptacle inhabited by the bees; and

b.

"Nucleus colony" means a smaller hive, often in a smaller box, consisting of bees in all stages of development, as well as food, a laying queen, and enough workers to cover from three (3) to five (5) combs.

2.

All colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.

3.

The hive shall be maintained in accordance with the following requirements:

a.

The hive and all related materials may only be located within the rear yard of the property;

b.

The hive shall be a minimum of fifteen (15) feet from all side and rear lot lines; and

c.

The hive shall be surrounded by a flyway barrier at least six (6) feet in height consisting of a solid wall or fence, or dense evergreen foliage barrier that is parallel to the property line and extends ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines.

4.

The property owner shall ensure that a convenient source of water located on the property is available to the bees at all times during the year so that the bees will not congregate at swimming pools, pet watering bowls, bird baths or other off-site water sources where they may cause human, bird or domestic pet contact.

5.

All areas associated with the keeping of bees shall be cleaned and made free of waste on a regular basis. All equipment used in the keeping of bees on the property shall be located within the enclosure or otherwise shielded from view.

6.

The property owner shall conspicuously post a sign warning individuals of the presence of bees. This sign shall include the property owner's name and a telephone number at which the property owner can be reached in case of emergency.

(Ord. No. 16-03, § 1, 5-11-16)

Private, non-profit or commercially operated swimming or tennis clubs shall comply with the following requirements:

1.

Outdoor facilities shall be limited to those for games and outdoor uses such as swimming pool, shuffleboard, croquet or tennis courts. Indoor facilities and uses may include swimming pools, saunas, whirlpools, health and exercise facilities, racquetball and handball courts, accessory sale of equipment and supplies (pro shop), accessory sale of food for consumption on the premises, accessory office uses, lockers and shower facilities and accessory meeting rooms. Games and building locations shall not be located within fifty (50) feet of the side lot lines or rear lot line provided that such setback may be reduced to twenty-five (25) feet for those required yards in which a buffer of natural vegetation is provided.

2.

Appropriate fencing and screening from abutting property of all outdoor activity areas shall be required. If parking areas are outside this fencing, then appropriate screening of at least four (4) feet in height shall be constructed around parking areas to protect adjoining property from headlights. The Board may require the applicant to file with the zoning administrator a performance bond during the period of construction, reconstruction, or alteration, such bond to be in an amount determined by the county engineer to be sufficient to insure completion of landscaping and parking plans as submitted.

3.

Any pumps and filters which are located above ground shall be at least fifty (50) feet from abutting properties and shall be screened from view by such abutting properties.

4.

Outdoor dispensing of food, beverages, and candy shall be from coin-operated machines only, unless otherwise approved.

5.

All lights shall be shielded to reflect or direct light away from adjoining property.

6.

Parking shall be provided in accordance with 26-251. The parking layout and surfacing shall be approved by the zoning administrator.

(Ord. No. 12-08, § 3, 1-9-13)

The following requirements shall apply to any property used as a bed and breakfast:

1.

The use of the property for a bed and breakfast shall be accessory to the use of the property as a single-family dwelling.

2.

The subject property must be the principal residence of the owner. The owner-occupant shall be the record owner of no less than fifty (50) percent interest of the subject property.

3.

The minimum lot size shall be two (2) acres. The structure shall have at least two thousand five hundred (2,500) square feet of finished floor area, exclusive of accessory buildings or garages.

4.

Off-street parking shall be provided at the rate of one parking space for each bedroom within the building, in addition to the spaces required for the single-family dwelling unit.

5.

The maximum stay for any occupants of the bed and breakfast other than the owner and family shall be fourteen (14) days.

6.

The structure shall remain a residential structure.

7.

There shall be no more than two (2) persons, other than family members in residence, employed in the bed and breakfast.

8.

One detached sign no larger than two (2) square feet in area shall be permitted on the premises to advertise the bed and breakfast. In addition, one wall sign no larger than two (2) square feet in area shall be permitted. Such signs may be indirectly illuminated.

(Ord. No. 12-08, § 3, 1-9-13)

The following requirements shall apply to any property used as a short-term rental:

1.

Short-term rental, owner-occupied:

(a)

Principal residence and ownership required. Only a dwelling that is occupied by the property owner for at least 185 days per year may be offered for short-term rental. Prior to offering any property as a short-term rental, the property owner must (1) certify, on a form provided by the Planning Director, that the property owner occupies the property for at least one hundred eighty-five (185) days per year and (2) provide documentation of principal residence in the form of a driver's license, voter registration card, pay stub, IRS W-2 form, or bank statement. For purposes of this section, ownership includes, among other forms, a dwelling (1) held by a person alone or in conjunction with his spouse as tenant or tenants for life or joint lives, (2) held in a revocable inter vivos trust over which a person or a person and his spouse hold the power of revocation, or (3) held in an irrevocable trust under which a person alone or in conjunction with his spouse possesses a life estate or an estate for joint lives or enjoys a continuing right of use or support. However, ownership does not include a dwelling held under a leasehold or term of years unless the property owner has granted permission for its use as a short-term rental; provided, any individual who is a lessee or sublessee may only have one (1) short-term rental within the County.

(b)

Parking spaces. One (1) off-street parking space must be provided for each guestroom, in addition to those parking spaces required for the principal dwelling. All guests of short-term rentals must park in a driveway or other area designed and constructed for parking.

(c)

Resolution of issues and complaints. The property owner must respond to and resolve issues and complaints that arise in connection with the stay at any time. Prior to offering the property as a short-term rental, the property owner must provide, on a form provided by the planning director, the name and contact information of an adult who will be available at all times when the property is occupied as a short-term rental. The designated adult must respond, either in person at the property or by phone, within 60 minutes whenever necessary to resolve issues and complaints arising in connection with the short-term rental.

(d)

Limit on number of occupants. The occupancy of any property during a short-term rental may not exceed a number equal to twice the number of bedrooms in the dwelling but in no case shall exceed the occupancy allowed by the septic system permit, if applicable, or ten (10) occupants total.

(e)

Limitation on additional uses. No property owner may offer as a short-term rental any property that is also used for a family day home, group home, assisted living facility, massage therapy, or taxi or other carrier service. No property owner may offer, allow, or provide a short-term rental for any other commercial use not customarily incidental to a one-family dwelling, including, without limitation, commercial use for parties, banquets, weddings, receptions, meetings, filming, or advertising activities.

(f)

Prohibition against renting to minors. No property owner may provide a short-term rental unless at least one (1) of the short-term renters is eighteen (18) years of age or older.

(g)

Hours of check-in and check-out. The property owner may not offer check-in or check-out services to short-term renters between the hours of 11:00 p.m. and 7:00 a.m.

(h)

Provision of smoke detectors and other safety equipment. The property owner of any property offered for short-term rental must provide and maintain in good working order every smoke detector, carbon monoxide detector, fire extinguisher, and any other safety equipment required to be in the short-term rental by the Building Code or other applicable law. No property owner may obstruct any emergency egress required by law.

(i)

Posting of information required. The property owner must conspicuously post the following information in any property offered for short-term rental:

(1)

The property address;

(2)

The name and contact information of the property owner and, if applicable, the adult designated pursuant to subsection (c) above;

(3)

Detailed instructions for emergency shut-off of gas, electricity, and water, including the locations of gas and water valves and circuit breakers;

(4)

Recycling and trash collection schedules; and

(5)

The Hanover County Noise Ordinance.

(j)

Limitation on pets. At no time shall there be more pets on the property than permitted by chapter 4 of the Hanover County Code.

(k)

Record of rentals. The property owner must keep an accurate and complete record of each short-term rental for two (2) years from the ending date of the rental and provide those records to the planning director for inspection upon the director's request. The record of each rental must show, at a minimum, the beginning and ending dates of each rental and the number of persons occupying the dwelling.

(l)

Limit on short-term rentals. Only one (1) short-term rental, owner-occupied, is permitted per GPIN or parcel.

(m)

Prohibition against renting to undocumented immigrants. No property owner may knowingly provide a short-term rental to a foreign-born person who does not have a legal right to be in the United States or who is staying longer than their visa permits.

2.

Short-term rental, non-owner-occupied, and short-term rental, accessory detached:

(a)

Parking spaces. One (1) off-street parking space must be provided for each guestroom. All guests of short-term rentals must park in a driveway or other area designed and constructed for parking.

(b)

Resolution of issues and complaints. The property owner must respond to and resolve issues and complaints that arise in connection with the stay at any time. Prior to offering the property as a short-term rental, the property owner must provide, on a form provided by the planning director, the name and contact information of an adult who will be available at all times when the property is occupied as a short-term rental. The designated adult must respond, either in person at the property or by phone, within sixty (60) minutes whenever necessary to resolve issues and complaints arising in connection with the short-term rental.

(c)

Limit on number of occupants. The occupancy of any property during a short-term rental may not exceed a number equal to twice the number of bedrooms in the structure, but in no case shall exceed the occupancy allowed by the septic system permit, if applicable, or ten (10) occupants total.

(d)

Limitation on additional uses. No property owner may offer as a short-term rental any property that is also used for a family day home, group home, assisted living facility, massage therapy, or taxi or other carrier service. No property owner may offer, allow, or provide a short-term rental for any other commercial use not customarily incidental to a one-family dwelling, including, without limitation, commercial use for parties, banquets, weddings, receptions, meetings, filming, or advertising activities.

(e)

Prohibition against renting to minors. No property owner may provide a short-term rental unless at least one (1) of the short-term renters is eighteen (18) years of age or older.

(f)

Hours of check-in and check-out. The property owner may not offer check-in or check-out services to short-term renters between the hours of 11:00 p.m. and 7:00 a.m.

(g)

Provision of smoke detectors and other safety equipment. The property owner of any property offered for short-term rental must provide and maintain in good working order every smoke detector, carbon monoxide detector, fire extinguisher, and other safety equipment required to be in the short-term rental by the Building Code or other applicable law. No property owner may obstruct any emergency egress required by law.

(h)

Posting of information required. The property owner must conspicuously post the following information in any property offered for short-term rental:

(1)

The property address;

(2)

The name and contact information of the property owner and, if applicable, the adult designated pursuant to subsection (b) above;

(3)

Detailed instructions for emergency shut-off of gas, electricity, and water, including the locations of gas and water valves and circuit breakers;

(4)

Recycling and trash collection schedules; and

(5)

The Hanover County noise ordinance.

(i)

Limitation on pets. At no time shall there be more pets on the property than permitted by chapter 4 of the Hanover County Code.

(j)

Record of rentals. The property owner must keep an accurate and complete record of each short-term rental for two (2) years from the ending date of the rental and provide those records to the planning director for inspection upon the director's request. The record of each rental must show, at a minimum, the beginning and ending dates of each rental and the number of persons occupying the dwelling.

(k)

Registry.

(1)

As used in this section, "Operator" means the proprietor of any dwelling, lodging, or sleeping accommodations offered as a short-term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity.

(2)

All operators must register annually with the planning department by paying the registration fee established by the board and completing a registration form providing the following information:

(i)

The complete name of the operator,

(ii)

The address of each property in the locality offered for short-term rental by the operator, and

(iii)

An attestation that the property owner has granted permission for use of such property as a short-term rental if the operator is a lessee or sublessee.

(3)

No person is required to register pursuant to this subsection if such person is

(i)

Licensed by the Real Estate Board or is a property owner who is represented by a real estate licensee;

(ii)

Registered pursuant to the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.);

(iii)

Licensed or registered with the Department of Health, related to the provision of room or space for lodging; or

(iv)

Licensed or registered with the locality, related to the rental or management of real property, including licensed real estate professionals, hotels, motels, campgrounds, and bed and breakfast establishments.

(4)

Any operator who fails to register as required by this subsection is subject to a civil penalty not to exceed five hundred dollars ($500.00) per violation. Unless and until such operator pays the penalty and registers such property, the operator may not continue to offer such property for short-term rental. Upon repeated violations of this subsection as it relates to a specific property, an operator may be prohibited from registering and offering that property for short-term rental. Violations for failure to register as provided for in this section shall be in lieu of any violations provided for elsewhere in the Zoning Ordinance.

(5)

An operator may be prohibited from offering a specific property for short-term rental in the locality upon multiple violations on more than three (3) occasions of applicable state and local laws, ordinances, and regulations, as they relate to the short-term rental.

(l)

Limit on short-term rentals. Only one (1) short-term rental is permitted per GPIN or parcel.

(m)

Prohibition against renting to undocumented immigrants. No property owner may knowingly provide a short-term rental to a foreign-born person who does not have a legal right to be in the United States or who is staying longer than their visa permits.

(Ord. No. 24-09, § 10, 1-22-25; Ord. No. 25-10, § 7, 8-27-25)

The following requirements shall apply to any property containing a secondary kitchen:

1.

The secondary kitchen shall be located on the same level as the residential kitchen.

2.

The secondary kitchen shall not create a separate living area or second dwelling unit.

3.

The secondary kitchen shall not be served by a separate electric meter or a separate water meter.

4.

The property owner shall not place any physical barriers in the area of the kitchen which may prevent movement from the area where the kitchen is located to other rooms in the house.

(Ord. No. 25-12, § 6, 8-27-25)

(a)

Intent. It is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to residential neighborhoods, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse effects.

(b)

Definitions. For the purposes of this section, the following definitions shall be applicable:

Adult book store: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, and other media (such as films, video tapes, video cassettes or video discs) which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" (as defined below) or "specified anatomical areas" (as defined below) or an establishment with a segment or section devoted to the sale or display of such material.

Adult theater: An enclosed building or outdoor facility used for presenting live performances or recorded material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" (as defined below) or "specified anatomical areas" (as defined below), for observation by patrons therein, and including any so-called "peep show" or individual motion picture machines or similar viewing devices.

Adult use: Any adult book store, adult theater, or massage parlor/health club as defined herein.

Massage parlor/health club: Any place, establishment or institution which is operated for the purpose of providing one or more of the following services at such establishment or on a house-call basis: Physical massage of the body of another; steam bath; hot box; electrical, mechanical or chemical magnetic bath and stimulation exercises. Excluded are the following: Hospitals, nursing homes, medical clinics, offices or quarters of duly licensed physicians, chiropractors, osteopaths or facilities operated by federal, state or county agencies, or barbershops and beauty parlors.

Specified anatomical areas:

1.

Less than completely and opaquely covered:

a.

Human genitals, pubic region,

b.

Buttock, and

c.

Female breast below a point immediately above the top of the areola; and

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities:

1.

Human genitals in a stage of sexual stimulation or arousal.

2.

Acts of human masturbation, sexual intercourse or sodomy.

3.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(c)

Location and extent:

(1)

Except as in (4) below, no such permit shall authorize such use or structure less than five hundred (500) feet from any residential district boundary.

(2)

Except as in (4) below, all off-street parking spaces serving such uses shall be located at least three hundred (300) feet from the nearest residential district boundary.

(3)

Except as in (4) below no more than two (2) such uses shall be located within one thousand (1,000) feet of each other.

(4)

The Board may waive the locational provisions in (a), (b) and (c) above under certain circumstances if the following findings are made:

a.

That the proposed use will not be contrary to the public interest or be injurious to nearby properties, and that the spirit and intent of this Ordinance will be observed;

b.

That the establishment of an adult use in the area will not conflict with any adopted objectives, plans, or programs for the area;

c.

That the establishment of an adult use will not be contrary or detrimental to any program of neighborhood conservation or renewal in adjacent residential areas; and

d.

That all applicable regulations of the ordinance and special conditions attached to the use permit will be observed.

(d)

Signs: Signs intended to be read from any public way shall be limited to not more than two (2), with total surface area not exceeding forty (40) square feet for each adjoining major street. Such signs shall refer only to use conducted on the premises, and shall either be mounted flat against the wall of the building or shall extend outward from the wall of the building not to exceed five (5) feet and not overhanging the public right-of-way. In no case shall such signs be mounted other than on the major street side of a building, or be so located as to be visible from windows of adjoining residences in the residential district, or extend above the lower line of the roof or the top of any parapet wall. The content of signs shall be limited to alphanumeric characters and simple symbols and may not include pictures, silhouettes, or other representations of a human body or part thereof. The specific content, shape, size, and location of any proposed sign shall be included in the required preliminary site plan and must be specifically approved by the Board prior to the issuance of a sign permit.

(Ord. No. 12-08, § 3, 1-9-13)