For the purposes of this chapter, the unincorporated areas of James City County, Virginia, are hereby divided into the following districts, as shown on the zoning map:

General Agricultural, A-1

Limited Residential, R-1

General Residential, R-2

Residential Planned Community, R-4

Multifamily Residential, R-5

Low-Density Residential, R-6

Rural Residential, R-8

Mixed Use, MU

Residential Planned Unit Development, PUD-R

Commercial Planned Unit Development, PUD-C

General Business, B-1

Limited Business, LB

Limited Business/Industrial, M-1

General Industrial, M-2

Limited Industrial, M-3

(Ord. No. 31A-88, § 20-25, 4-8-85; Ord. No. 31A-110, 9-12-88; Ord. No. 31A-122, 6-18-90; Ord. No. 31A-145, 7-6-92)

Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following or being at right angles to property lines, or the centerlines of streets, highways, alleys or railroad tracks, such property lines, centerlines, or lines at right angles to such property lines or centerlines shall be construed to be such boundaries, as the case may be.

(2)

Where a district boundary is indicated to follow a river, creek or branch or other body of water, such boundary shall be construed to follow the centerline at low water or at the limit of jurisdiction, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

(3)

If no distance, angle, curvature description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals which shall determine the boundary.

(Ord. No. 31A-88, § 20-26, 4-8-85)

Two or more principal residential uses may be located on a single lot; provided, however, that yard, area and other dimensional requirements of the zoning district in which the lot is located shall apply to each principal residential use as if the lot were subdivided to accommodate the principal residential uses on individual lots. The placement of two or more principal residential uses on a single lot shall be situated so as to permit the future subdivision of the lot in accordance with the zoning district in which the lot is located and the county's subdivision ordinance.

(Ord. No. 31A-88, § 20-27.6, 4-8-85)

(a)

Except where a public utility requires a special use permit, public utilities shall be allowed as a permitted use in each zoning district. Public utilities include poles, power lines, distribution transformers or substations, pipes, meters, telephone exchanges and other facilities necessary for the provision and maintenance of utilities, including water and sewer facilities, water storage facilities, pumping or regulator stations.

(b)

The height of public water storage facilities may exceed the height limits specified by a zoning district upon the issuance of a special use permit and a height waiver by the board of supervisors. The height waiver shall meet the requirements for a height waiver of the zoning district in which the public water storage facility is located.

(c)

The location of all utilities and utility easements shall be shown on the site plans, or subdivision plats, as appropriate. New utilities are to be placed underground except for required transformers, switching equipment, meter pedestals, telephone pedestals, outdoor lighting poles and meter and service connections attached to buildings. In consideration of voltage requirements, existing overhead service, existing tree cover and physical features of the site and the surrounding area, the planning commission may waive requirements for underground utilities upon a favorable recommendation of the development review committee. Waivers in subdivisions must comply with section 19-18 of the subdivision ordinance.

(Ord. No. 31A-88, § 20-27.8, 4-8-85; Ord. No. 31A-112, 2-6-89; Ord. No. 31A-216, 2-22-05)

Individual water wells and septic drainfields shall be generally permitted except where in conflict with chapter 19, chapter 24 or the James City Service Authority regulations.

(Ord. No. 31A-150, 4-5-93; Ord. No. 31A-153, 11-1-93)

The General Agricultural District, A-1, is intended for application to the rural areas of the county generally outside of the primary service area and where utilities and urban services generally do not exist and are not planned for the near future. The purpose of the district is to maintain a rural environment suitable for farming, forestry and low-density rural residence and at the same time to provide for certain recreational and public or semipublic and institutional uses which may require a spacious site and which, with proper conditions imposed, are compatible with rural surroundings. The district also serves to limit the scattering of commercial, industrial and urban residential uses into rural areas where such uses are not planned. The area regulations of the district are intended to provide a measure of flexibility in lot size and arrangement if coupled with a design review to ensure more careful use of the land.

(Ord. No. 31A-88, § 20-28, 4-8-85; Ord. No. 31A-114, 5-1-89)

Editor's note— Ord. No. 31A-296, adopted June 9, 2015, amended § 24-212 in its entirety to read as herein set out. Former § 24-212 pertained to use list. See the Code Comparative Table for complete derivation.

(Ord. No. 31A-312, 11-8-16; Ord. No. 31A-335, 8-8-17; Ord. No. 31A-348, 7-14-20)

Lots in a minor subdivision must adhere to the area requirements set forth in section 24-214. All other subdivisions shall have a maximum net density as specified below.

(a)

Parcels subject to section 24-214(a)(2) shall have a maximum net density of one unit per twenty acres.

(b)

Parcels subject to section 24-214(a)(2)(i) shall have a maximum net density of one unit per three acres.

(Ord. No. 31A-357, 5-9-23)

(a)

Minimum lot size. The minimum lot size, except as otherwise specified herein, shall be:

(1)

One acre for nonresidential uses;

(2)

Twenty acres for residential uses; however

i.

Parcels of 25 acres or less recorded or legally in existence as of January 1, 2022, shall be permitted to be subdivided for residential use so long as no lot size is less than three acres.

ii.

Parcels of less than six acres recorded or legally in existence prior to May 1, 1989, shall be permitted to be subdivided into two lots for single-family residential use so long as no lot size is less than two acres.

iii.

Upon issuance of a special use permit, family subdivisions as permitted in section 19-17 of the county subdivision ordinance may be approved with a lot size that is less than the minimum sizes specified in (a)(2) and (a)(2)(i), provided no lot is less than one acre.

iv.

Upon issuance of a special use permit, a cluster configuration subdivision may be approved with a minimum lot size of less than 20 acres; provided that the overall gross density of any cluster configuration subdivision does not exceed one dwelling unit per 20 acres, and also meets the requirements of section 24-222.

v.

Parcels of less than 20 acres recorded or legally in existence prior to October 11, 2022, may be used for residential purposes and shall be limited to one single-family residential use.

No lot created under the area requirements of this section after October 11, 2022, the date of adoption of this section, unless created pursuant to paragraphs (2)a, (2)b, (2)c or (2)d above, shall be used for any residential dwelling unless the lot size is 20 acres or more.

(Ord. No. 31A-88, § 20-30, 4-8-85; Ord. No. 31A-114, 5-1-89; Ord. No. 31A-165, 9-18-95; Ord. No. 31A-355, 10-11-22)

(a)

Structures, except those associated with intensive agricultural uses, shall be located a minimum of 50 feet from any street right-of-way which is 50 feet or greater in width. If the street right-of-way is less than 50 feet in width, structures shall be located a minimum of 75 feet from the centerline of the street; except that where the minimum lot area is three acres or more, the minimum setback shall be 75 feet from any street right-of-way which is 50 feet or greater in width and 100 feet from the centerline of any street right-of-way less than 50 feet in width. Devices for nutrient management plans, pens, and structures associated with intensive agricultural uses shall be 250 feet from any dwelling not owned by the operator of the use, all property lines not associated with the use, all public roads, and 1,000 feet from platted residential subdivisions, residentially zoned districts, areas designated for residential use on the comprehensive plan, schools, parks and playgrounds, recreation areas, public wells, water tanks and reservoirs.

(b)

All subdivisions platted and recorded prior to March 1, 1969, with building setback lines shown on their recorded plat will be allowed to adhere to these established setback lines.

(Ord. No. 31A-88, § 20-31, 4-8-85; Ord. No. 31A-114, 5-1-89; Ord. No. 31A-165, 9-18-95; Ord. No. 31A-169, 5-28-96; Ord. No. 31A-257, 11-22-11)

(a)

Lots of five acres or more shall have a minimum lot width at the setback line of 250 feet.

(b)

Lots of three acres or more but less than five acres shall have a minimum lot width at the setback line of 200 feet.

(c)

Lots of one acre or more but less than three acres shall have a minimum lot width at the setback line of 150 feet.

(d)

The minimum lot frontage abutting a public right-of-way shall be 25 feet.

(Ord. No. 31A-88, § 20-32, 4-8-85; Ord. No. 31A-114, 5-1-89)

(a)

Side. The minimum side yard for each main structure shall be 15 feet. The minimum side yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum side yard of 15 feet.

(b)

Rear. Each main structure shall have a rear yard of 35 feet or more. The minimum rear yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum rear yard of 15 feet.

(Ord. No. 31A-88, § 20-33, 4-8-85)

Structures may be erected up to two stories and shall not exceed 35 feet in height from grade, except that:

(1)

The height limit for buildings may be increased to 45 feet and to three stories; provided, that the two side yards for the building are increased to a minimum of 15 feet plus one foot for each additional foot of the building's height over 35 feet.

(2)

Church spires, belfries, cupolas, monuments, water towers, athletic field lighting, chimneys, flues, flagpoles, home television antennas, home radio aerials, silos and other structures normally associated with and accessory to farming operations may be erected to a total height of 60 feet from grade.

Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver for these structures to exceed 60 feet in height but not to exceed 100 feet, from grade to the top of the structure, upon finding that:

a.

Such structure will not obstruct light to adjacent property;

b.

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

c.

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

d.

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

e.

Such structure will not be contrary to the public health, safety and general welfare.

(3)

No accessory building which is within 15 feet of any lot line shall be more than one story high. All accessory buildings shall not be more than 45 feet in height; except that silos, barns and other structures normally associated with and accessory to farming operations are controlled by subsection (2) above and may exceed 45 feet in height.

(4)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-33, 4-8-85; Ord. No. 31A-114, 5-1-89; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-259, 1-10-12; Ord. No. 31A-312, 11-8-16)

(a)

For corner lots, the front of the lot shall be the shorter of the two sides fronting on streets.

(b)

No structures shall be located closer than 50 feet to the side street.

(c)

Each corner lot shall have a minimum width at the setback line of 150 feet or more.

(Ord. No. 31A-88, § 20-34, 4-8-85; Ord. No. 31A- 114, 5-1-89)

To assure an appearance and condition which is consistent with the purposes of the General Agricultural District, A-1, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-88, § 20-34.1, 4-8-85)

(a)

A ratio of one acre of open land per seven horses, eight dairy cattle, 13 slaughter or feeder cattle, 33 swine, or 130 sheep shall be provided for each agricultural operation; and

(b)

Twenty acres for intensive agriculture:

(1)

No more than 1,000 veal, cattle, horses or similar animals or 3,000 sheep, lambs, goats or similar animals or 7,500 swine or 50,000 turkeys or 100,000 chickens shall be confined at any one site.

(Ord. No. 31A-355, 10-11-22)

Upon issuance of a special use permit, a cluster configuration subdivision may be approved provided that all of the following conditions are met:

(1)

The overall net density of the subdivision shall not exceed one dwelling unit per twenty acres.

(2)

There shall be at least three residential lots in the subdivision.

(3)

No lot shall be less than one acre in area.

(4)

The subdivision shall only be for single-family detached dwellings.

(5)

All lots shall front on an approved public street created by the subdivision and no lot shall have direct access to a street not a part of the subdivision. This condition shall not apply to subdivisions of less than five lots.

(6)

Provision shall be made in subdivision plats and lot conveyances to ensure that lot purchasers have adequate notice regarding limitations on resubdivision of parcels and no resubdivision or sale by any means shall be permitted which would in any way create a violation of this chapter.

(7)

The general design standards of this section shall be complied with.

(8)

The subdivision design shall provide good building sites and at the same time make best use of topography and minimize grading and destruction of natural vegetation.

(9)

The subdivision design shall provide for protection of conservation areas as specified in the Comprehensive Plan or other sections of this chapter.

(10)

No more than 30 percent of any lot shall be located in a floodplain area as defined in this chapter; provided, however, that up to 50 percent of the area of any lot may be covered by the waters of a lake, pond or canal planned and approved as a part of and wholly within the subdivision.

(11)

Maintenance of any common open space shall be assigned to a homeowners' association or other approved entity.

(12)

Lots shall be arranged and building sites shall be designated so as to promote harmonious relationships with the environment and existing public streets and roads; and to this end, the design shall employ such techniques as may be appropriate to a particular case, including location of lots of various sizes, location of building sites with respect to project boundary lines, location of open space and buffer areas and maintenance of vegetation. Unless the subdivision is less than five lots, all structures shall be located a minimum of 150 feet from all roads existing prior to the platting of the subdivision.

(Ord. No. 31A-355, 10-11-22; Ord. No. 31A-357, 5-9-23)

(a)

Right-of-way buffer. Within any major subdivision approved under this division, there shall be planned and maintained buffers along all external existing and planned road rights-of-way, as follows:

(1)

The minimum right-of-way buffer on Wooded Community Character Corridors located outside the primary service area as defined in the comprehensive plan shall be 200 feet.

(2)

The right-of-way buffer shall be planted in accordance with section 24-96, General landscape area standards and shall also adhere to the Community Character Corridor Buffer Treatment Guidelines and Map.

(3)

Waiver provisions. The planning director may reduce the buffer depth requirements specified in (1) of this section for residential developments when:

(i)

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer; or

(ii)

The developer demonstrates that the development will be adequately screened and buffered from the road using berms and landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.

In no case shall the right-of-way buffer be reduced by a waiver provision to less than 100 feet. The planning director may also, in the event of granting a waiver, require additional landscaping as determined on a case-by-case basis.

(b)

Requirements for buffers. All required buffers shall be exclusive of lots, remain free of structures and parking, and remain undisturbed, except for additional plantings and selective clearing approved by the planning director or designee. Soil stockpiles and staging areas shall not be permitted within any buffer, except that temporary soil stockpiles may be allowed upon approval by the planning director under the following circumstances:

(1)

The buffer in which the temporary stockpile is to occur is non-wooded, defined as having no mature trees.

(2)

The stockpile shall not be visible from a Community Character Corridor or Community Character Area unless the soil stockpiling is needed for approved berming in that buffer.

(3)

Stockpiles shall not exceed 35 feet in height.

(4)

Stockpiles shall be temporary, with a time limit of six months.

(5)

Once the use of the temporary soil stockpiles is completed, the ground must be adequately prepared for planting and revegetated in a manner that meets or exceeds the amount and quality of vegetation on the site previously.

(6)

Stockpiling shall conform with any applicable requirements of the Virginia erosion and sediment control regulations, the Virginia erosion and sediment control handbook and county erosion and sediment control program policies.

(c)

Limitations on buffers. Structural BMPs such as wet and dry ponds shall not generally be permitted in the buffers, except that the planning director may approve them under the following circumstances:

(1)

The need is necessitated by site conditions rather than economic factors; and

(2)

The screening/buffering effect of the buffer has been retained by the design of the BMP and any degradation has been mitigated with additional plantings or berms as necessary.

(d)

Improvements allowable within buffers. An entrance road, community and directional signage, bicycle and/or pedestrian paths, and utility connections and drainage improvements shall be permitted within the buffer with approval of the planning director. Permitted utilities and constructed drainage conveyance systems shall cross the buffer at or near a perpendicular angle to the property line, with clearing kept to a minimum necessary to accommodate the utilities, except that minor improvements to natural drainage channels may be permitted at a different angle to the property line upon approval of the planning director.

(e)

Roads within buffers. Entrance roads through these buffers shall be built to the narrowest cross-section possible. Roads and open space shall be located and designed in a manner that minimizes views of structures within the development from the adjoining primary or secondary road as determined by the planning director.

(f)

Appeals. In the event the planning director disapproves the items specified in this section or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission. Any appeal shall be in writing and may be subject to fees as specified in article I of this chapter.

(Ord. No. 31A-360, 10-8-24)

The Limited Residential District, R-1, is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development is likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to limit activities of a commercial nature and to implement the policies and designations of the Comprehensive Plan applicable to low-density residential areas. To these ends, development is limited to low-density residential and generally permitted uses are limited to single-family dwellings, plus certain additional community-oriented uses that serve the residents of this district.

(Ord. No. 31A-88, § 20-42, 4-8-88; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12)

In the Limited Residential District, R-1, structures to be erected or land to be used, shall be for the following uses:

(Ord. No. 31A-88, § 20-43, 4-8-85; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-292, 6-10-14; Ord. No. 31A-293, 8-12-14; Ord. No. 31A-313, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-351, 9-8-20; Ord. No. 31A-357, 5-9-23)

(a)

All subdivisions shall have a maximum net density of one unit per acre, except for minor subdivision as defined in the county's subdivision ordinance. In these instances, the lots in a minor subdivision must still adhere to the area requirements set forth in section 24-255.

(b)

Upon application, the board of supervisors may grant a special use permit for subdivisions to have a maximum net density of more than one unit per acre, but of no more than two units per acre upon finding the developer has made assurances in a master plan, proffers, or other document approved by the county attorney, for at least two points as specified in the density bonus item options table in section 24-549 of this chapter.

(Ord. No. 31A-175, 3-25-97; Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12; Ord. No. 31A-357, 5-9-23)

Editor's note— Ord. No. 31A-357, adopted May 9, 2023, repealed § 24-234, which pertained to Density and derived from Ord. No. 31A-270, adopted Sept. 11, 2012.

(a)

Public water/sewage disposal. Lots served by public water and public sewage disposal systems shall have a minimum area of 15,000 square feet.

(b)

Public sewage disposal only. Lots served by a public sewage disposal system but not a public water distribution system shall have a minimum area of 17,500 square feet.

(c)

Public water distribution only. Lots served by a public water distribution system but not a public sewage disposal system shall have a minimum area of 20,000 square feet.

(d)

Individual water/sewage disposal. Lots served by individual water and sewage disposal systems shall have a minimum area of 30,000 square feet.

(e)

Applicability to certain lots. These minimum sizes shall not apply to lots of less than 15,000 square feet recorded or legally in existence prior to April 8, 1985.

(Ord. No. 31A-88, § 20-44, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-195, 5-25-99)

Structures shall be located a minimum of 35 feet from any street right-of-way which is 50 feet or greater in width. Where the street right-of-way is less than 50 feet in width, structures shall be located a minimum of 60 feet from the centerline of the street. This shall be known as the "setback line"; all subdivisions platted and recorded prior to March 1, 1969, with building setback lines shown on their recorded plat, shall be allowed to adhere to these established setback lines.

(Ord. No. 31A-88, § 20-45, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-195, 5-25-99)

(a)

Lots of up to and including 43,560 square feet shall have a minimum width at the setback line of 100 feet.

(b)

Lots of more than 43,560 square feet shall have a minimum width at the setback line of 150 feet.

(Ord. No. 31A-88, § 20-46, 4-8-85; Ord. No. 31A-195, 5-25-99)

(a)

Side. The minimum side yard for each main structure shall be 15 feet. The minimum side yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum side yard of 15 feet.

(b)

Rear. Each main structure shall have a minimum rear yard of 35 feet. The minimum rear yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum rear yard of 15 feet.

(Ord. No. 31A-88, § 20-47, 4-8-85; Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12)

(a)

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

(b)

No structure shall be located closer than 35 feet to the side street.

(c)

Each corner lot shall have a minimum width at the setback line of 125 feet.

(Ord. No. 31A-88, § 20-49, 4-8-85; Ord. No. 31A-195, 5-25-99)

Buildings may be erected up to two stories and shall not exceed 35 feet in height from grade, except that:

(1)

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

(2)

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

(3)

Church spires, belfries, cupolas, monuments, water towers, athletic field lighting, chimneys, flues, flagpoles, home television antennae and home radio aerials may be erected to a total height of 60 feet from grade. Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver for these structures to exceed 60 feet in height but not to exceed 100 feet from grade to the top of the structure upon finding that:

a.

Such structure will not obstruct light to adjacent property;

b.

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

c.

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

d.

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

e.

Such structure will not be contrary to the public health, safety and general welfare.

(4)

No accessory building which is within 15 feet of any lot line shall be more than one story high. All accessory buildings shall be less than the main building in height; provided, however, the height of an accessory building may exceed the height of the main building if the grade of the lot is such that the elevation of the main building exceeds the elevation of the accessory building. The elevation of the main building and the accessory building shall be measured from the level of the curb or the established curb grade opposite the middle of the main building. In no case shall an accessory building be more than 35 feet in height.

(5)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-48, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-195, 5-25-99; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-270, 9-11-12; Ord. No. 31A-313, 11-8-16)

To assure an appearance and condition which is consistent with the purposes of the Limited Residential District, R-1, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-88, § 20-49.1, 4-8-85; Ord. No. 31A-195, 5-25-99)

(a)

Within every subdivision consisting of 50 or more lots, there shall be planned and set aside permanently an amount of open space to be maintained exclusively for conservation and recreation purposes.

(1)

Non-developable areas outside of private lots shall be maintained as open space and should be protected through a conservation easement dedicated to the county or other legal entity approved by the county attorney.

(2)

In addition, ten percent of the developable area shall also be set aside as open space. The developable area open space may include, but is not limited to:

a.

Areas on site necessary to meet county policies pertaining to natural resources, archaeology, and parks and recreation;

b.

Areas on site used to achieve density bonus points in accordance with section 24-233(b);

c.

The following areas, up to the percent specified:

1.

Required right-of-way and perimeter buffers cannot exceed 50 percent of the developable open space required, and

2.

Stormwater management facilities cannot exceed 20 percent of the developable open space required (this limitation applies to structural best management practices such as wet and dry ponds, but does not apply to bioretention or other low impact design measures).

(3)

For the purposes of meeting the developable open space requirements, open space area may not include:

a.

Area on any individual private lots or yards, with the exception of easements for streetscapes; or

b.

Land within public road rights-of-way and utility or drainage easements.

(4)

For the purpose of meeting the developable area open space requirements, open space shall be arranged on the site in a manner that is suitable in its size, shape, and location for the conservation and recreational uses intended, with adequate access for all residents. At a minimum, the open space shall adhere to the following standards:

(Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12; Ord. No. 31A-291, 8-13-13)

A homeowners association shall be established in accordance with Chapter 19 of the county code. The homeowners association documents shall set forth the nature (recreation or conservation) and location of the open space(s) in the manner described on the master plan, either through illustration or through incorporation by reference of the development's master plan and/or plan of development. The documents shall generally describe the use and maintenance standards necessary to adhere to the nature of the open space(s) as shown on the development's master plan and/or plan of development.

(Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12)

To assure an appearance and condition which is consistent with the purpose of the Limited Residential District, R-1, structural BMPs serving the properties within the district shall comply with the landscaping regulations in article II, division 4 of this chapter.

(Ord. No. 31A-195, 5-25-99)

(a)

Right-of-way buffer. Within any major subdivision approved under this division, there shall be planned and maintained buffers along all external existing and planned arterial road rights-of-way, as follows:

(1)

The minimum right-of-way buffer on Community Character Corridor roads as defined in the Comprehensive Plan shall be 150 feet, except when the average lot depth of the parent parcel is less than 600 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(2)

The minimum right-of-way buffer on all non-Community Character Corridor roads shall be 75 feet, except when the average lot depth of the parent parcel is less than 300 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(3)

The right-of-way buffer shall be planted in accordance with section 24-96, General landscape area standards. Buffers along Community Character Corridor roads shall also adhere to the Community Character Corridor Buffer Treatment Guidelines and Map.

(b)

Perimeter buffers. Within any major subdivision approved under this division, there shall be planned and maintained a perimeter buffer along the perimeter property lines of the development, except for areas adjacent to road rights-of-way. The minimum perimeter buffer shall be 35 feet. Landscaping guidelines for perimeter buffers shall follow the requirements in section 24-96 of this chapter.

(c)

Waiver provisions. In instances where properties have more than a 300-foot average depth and are located along a Community Character Corridor, or in all instances of perimeter buffers, the planning director may reduce the buffer depth requirements specified in (a) and (b) of this section for residential developments when:

(1)

The development is less than five acres and a majority of the development=s units are dedicated to affordable and workforce housing; or

(2)

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer; or

(3)

The developer demonstrates that the development will be adequately screened and buffered from the road using berms and landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.

In no case shall the right-of-way buffer be reduced by a waiver provision to less than 75 feet. The perimeter buffer shall not be reduced by a waiver provision to less than 20 feet. The planning director may also, in the event of granting a waiver, require additional landscaping as determined on a case by case basis.

(d)

Modifications to the landscape requirements. The planning director may modify, permit substitutions, or permit transfer of required landscaping in accordance with the provisions set forth in article II, division 4 of this chapter.

(e)

Requirements for buffers. All required buffers shall be exclusive of lots, remain free of structures and parking, and remain undisturbed, except for additional plantings and selective clearing approved by the planning director or his designee. Soil stockpiles and staging areas shall not be permitted within any buffer, except that temporary soil stockpiles may be allowed upon approval by the planning director under the following circumstances:

(1)

The buffer in which the temporary stockpile is to occur is nonwooded, defined as having no mature trees.

(2)

The stockpile shall not be visible from a Community Character Corridor or Community Character Area, unless the soil stockpiling is needed for approved berming in that buffer.

(3)

Stockpiles shall not exceed 35 feet in height.

(4)

Stockpiles shall be temporary, with a time limit of six months.

(5)

Once the use of the temporary soil stockpiles is completed, the ground must be adequately prepared for planting and revegetated in a manner that meets or exceeds the amount and quality of vegetation on the site previously.

(6)

Stockpiling shall conform with any applicable requirements of the Virginia erosion and sediment control regulations, the Virginia erosion and sediment control handbook and county erosion and sediment control program policies.

(f)

Limitations on buffers. Structural BMPs such as wet and dry ponds shall not generally be permitted in the buffers, except that the planning director may approve them under the following circumstances:

(1)

The need is necessitated by site conditions rather than economic factors; and

(2)

The screening/buffering effect of the buffer has been retained by the design of the BMP and any degradation has been mitigated with additional plantings or berms as necessary.

(g)

Improvements allowable within buffers. An entrance road, community and directional signage, bicycle and/or pedestrian paths, and utility connections and drainage improvements shall be permitted within the buffer with approval of the planning director. Permitted utilities and constructed drainage conveyance systems shall cross the buffer at or near a perpendicular angle to the property line, with clearing kept to a minimum necessary to accommodate the utilities, except that minor improvements to natural drainage channels may be permitted at a different angle to the property line upon approval of the planning director.

(h)

Roads within buffers. Entrance roads through these buffers shall be built to the narrowest cross-section possible. Roads and open space shall be located and designed in a manner that minimizes views of structures within the development from the adjoining primary or secondary road as determined by the planning director.

(i)

Appeals. In the event the planning director disapproves the items specified in (c), (d), (e), (f), (g), and (h) in this section or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission. Any appeal shall be in writing and may be subject to fees as specified in article I of this chapter.

(Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12; Ord. No. 31A-278, 11-27-12)

Pedestrian accommodations shall be provided in accordance with section 24-35.

(Ord. No. 31A-270, 9-11-12)

The General Residential District, R-2, is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development is likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage the clustering of residential developments to maximize shared and purposeful open space, to protect the natural environment and to promote a sense of community, to limit activities of a commercial nature and to implement the policies and designations of the Comprehensive Plan applicable to low-density residential areas. To these ends, development is limited to low-density residential and permitted uses are limited to dwellings designed to be occupied by one family or more than one family under certain conditions plus certain additional community-oriented uses that serve the residents of the district.

(Ord. No. 31A-88, § 20-50, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12)

In the General Residential District, R-2, structures to be erected or land to be used, shall be for the following uses:

(Ord. No. 31A-88, § 20-51, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-148, 1-4-93; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-293, 8-12-14; Ord. No. 31A-295, 9-9-14; Ord. No. 31A-314, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-351, 9-8-20; Ord. No. 31A-357, 5-9-23)

(a)

All subdivisions shall have a maximum net density of one unit per acre, except for minor subdivisions as defined in Chapter 19 of the county code. In these instances, the lots in a minor subdivision must still adhere to the area requirements set forth in section 24-255.

(b)

Upon application, the board of supervisors may grant a special use permit for subdivisions to have a maximum net density of more than one unit per acre, but of no more than two units per acre upon finding the developer has made assurances in a master plan, proffers, or other document approved by the county attorney, for at least two points as specified in the density bonus item options table in section 24-549 of this chapter.

(Ord. No. 31A-138, 2-18-92; Ord. No. 31A-139, 5-4-92; Ord. No. 31A-175, 3-25-97; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12; Ord. No. 31A-357, 5-9-23)

Editor's note— Ord. No. 31A-357, adopted May 9, 2023, repealed § 24-254, which pertained to Density and derived from Ord. No. 31A-271, adopted Sept. 11, 2012.

(a)

Public water/sewage disposal. Lots served by public water and public sewage disposal systems shall have a minimum area of 10,000 square feet.

(b)

Public sewage disposal only. Lots served by a public sewage disposal system but not a public water distribution system shall have a minimum area of 12,000 square feet.

(c)

Public water distribution only. Lots served by a public water distribution system but not a public sewage disposal system shall have a minimum area of 20,000 square feet.

(d)

Individual water/sewage disposal. Lots served by individual water and sewage disposal system shall have a minimum area of 30,000 square feet.

(e)

Applicability to certain lots. These minimum sizes shall not apply to lots of less than 12,000 square feet recorded or legally in existence prior to April 8, 1985.

(Ord. No. 31A-88, § 20-52, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99)

Structures shall be located a minimum of 25 feet from any street right-of-way which is 50 feet or greater in width. Where the street right-of-way is less than 50 feet in width, structures shall be located a minimum of 50 feet from the centerline of the street. This shall be known as the "setback line"; all subdivisions platted and recorded prior to March 1, 1969, with building setback lines shown on their recorded plat, shall be allowed to adhere to these established setback lines. Off-street parking shall not be permitted within the required setbacks, except that parking spaces for single-family and multifamily up to two units may be located within the required setback.

(Ord. No. 31A-88, § 20-53, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12)

(a)

Lots of less than 20,000 square feet shall have a minimum width at the setback line of 75 feet.

(b)

Lots of 20,000 square feet to 43,560 square feet shall have a minimum width at the setback line of 100 feet.

(c)

Lots of more than 43,560 square feet shall have a minimum width at the setback line of 150 feet.

(Ord. No. 31A-88, § 20-54, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99)

(a)

Side. The minimum side yard for each main structure shall be ten feet. The minimum side yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum side yard of ten feet.

(b)

Rear. Each main structure shall have a minimum rear yard of 35 feet. The minimum rear yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum rear yard of ten feet.

(Ord. No. 31A-88, § 20-55, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12)

(a)

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

(b)

No structures shall be located closer than 25 feet to the side street.

(c)

Each corner lot shall have a minimum width at the setback line of 100 feet.

(Ord. No. 31A-88, § 20-57, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99)

(a)

Lots intended for multifamily up to two units shall be:

(1)

Served by a public water system;

(2)

Served by a public sewer system;

(3)

Required to have a minimum lot size of 15,000 square feet.

(4)

Required to meet all other requirements of this district.

(b)

In addition to the above requirements, when each dwelling unit is on an individual lot, each individual lot shall:

(1)

Have a minimum lot size of 7,500 square feet;

(2)

Have a minimum lot width of 40 feet; and

(3)

Have no minimum side yard requirement on the common side lot line.

(c)

Upon application, the board of supervisors may grant a waiver from the public sewer connection requirement referenced above upon finding:

(1)

The development site is a single lot recorded or legally in existence prior to the date of adoption of this section; and

(2)

The state health department has approved the location and adequacy of the proposed septic drainfields; and

(3)

The proposed multifamily units are located in the primary service area and are in accord with the James City Service Authority Regulations Governing Utility Service.

(Ord. No. 31A-88, § 20-55.1, 4-8-85; Ord. No. 31A-90, 10-7-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-140, 5-4-92; Ord. No. 31A-271, 9-11-12)

Buildings may be erected up to two stories and shall not exceed 35 feet in height from grade, except that:

(1)

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

(2)

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

(3)

Church spires, belfries, cupolas, monuments, water towers, athletic field lighting, chimneys, flues, flagpoles, home television antennas and home radio aerials may be erected to a total height of 60 feet from grade. Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver for these structures to exceed 60 feet in height but not to exceed 100 feet, from grade to the top of the structure upon finding that:

a.

Such structure will not obstruct light to adjacent property;

b.

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

c.

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

d.

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

e.

Such structure will not be contrary to the public health, safety and general welfare.

(4)

No accessory building which is within ten feet of any lot line shall be more than one story high. All accessory buildings shall be less than the main building in height; provided, however, the height of an accessory building may exceed the height of the main building if the grade of the lot is such that the elevation of the main building exceeds the elevation of the accessory building. The elevation of the main building and the accessory building shall be measured from the level of the curb or the established curb grade opposite the middle of the main building. In no case shall an accessory building be more than 35 feet in height.

(5)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-56, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-271, 9-11-12; Ord. No. 31A-314, 11-8-16)

To assure an appearance and condition which is consistent with the purpose of the General Residential District, R-2, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-88, § 20-57.1, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99)

(a)

Within every subdivision consisting of 50 or more lots, there shall be planned and set aside permanently an amount of open space to be maintained exclusively for conservation and recreation purposes.

(1)

Non-developable areas outside of private lots shall be maintained as open space and should be protected through a conservation easement dedicated to the county or other legal entity approved by the county attorney.

(2)

In addition, ten percent of the developable area shall also be set aside as open space. The developable area open space may include, but is not limited to:

a.

Areas on site necessary to meet county policies pertaining to natural resources, archaeology, and parks and recreation;

b.

Areas on site used to achieve density bonus points in accordance with section 24-253(b);

c.

The following areas, up to the percent specified:

1.

Required right-of-way and perimeter buffers cannot exceed 50 percent of the developable open space required, and

2.

Stormwater management facilities cannot exceed 20 percent of the developable open space required (this limitation applies to structural best management practices such as wet and dry ponds, but does not apply to bioretention or other low impact design measures).

(3)

For the purposes of meeting the developable open space requirements, open space area may not include:

a.

Area on any individual private lots or yards, with the exception of easements for streetscapes, or

b.

Land within public road rights-of-way and utility or drainage easements.

(4)

For the purpose of meeting the developable area open space requirements, open space shall be arranged on the site in a manner that is suitable in its size, shape, and location for the conservation and recreational uses intended, with adequate access for all residents. At a minimum, the open space shall adhere to the following standards:

(Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12; Ord. No. 31A-291, 8-13-13)

A homeowners association shall be established in accordance with Chapter 19 of the county code. The homeowners association documents shall set forth the nature (recreation or conservation) and location of the open space(s) in the manner described on the master plan, either through illustration or through incorporation by reference of the development's master plan and/or plan of development. The documents shall generally describe the use and maintenance standards necessary to adhere to the nature of the open space(s) as shown on the development's master plan and/or plan of development.

(Ord. No. 31A-196, 5-25-99; Ord. No 31A-271, 9-11-12)

To assure an appearance and condition which is consistent with the purpose of the General Residential District, R-2, structural BMPs serving the properties within the district shall comply with the landscaping regulations in article II, division 4 of this chapter.

(Ord. No. 31A-196, 5-25-99)

(a)

Right-of-way buffer. Within any major subdivision approved under this division, there shall be planned and maintained buffers along all external existing and planned arterial road rights-of-way, as follows:

(1)

The minimum right-of-way buffer on Community Character Corridor roads as defined in the Comprehensive Plan shall be 150 feet, except when the average lot depth of the parent parcel is less than 600 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(2)

The minimum right-of-way buffer on all non-Community Character Corridor roads shall be 75 feet, except when the average lot depth of the parent parcel is less than 300 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(3)

The right-of-way buffer shall be planted in accordance with section 24-96, General landscape area standards. Buffers along Community Character Corridor roads shall also adhere to the Community Character Corridor Buffer Treatment Guidelines and Map.

(b)

Perimeter buffers. Within any major subdivision approved under this division, there shall be planned and maintained a perimeter buffer along the perimeter property lines of the development, except for areas adjacent to road rights-of-way. The minimum perimeter buffer shall be 35 feet. Landscaping guidelines for perimeter buffers shall follow the requirements in section 24-96 of this chapter.

(c)

Waiver provisions. In instances where properties have more than a 300-foot average depth and are located along a Community Character Corridor, or in all instances of perimeter buffers, the planning director may reduce the buffer depth requirements specified in (a) and (b) of this section for residential developments when:

(1)

The development is less than five acres and a majority of the development=s units are dedicated to affordable and workforce housing; or

(2)

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer; or

(3)

The developer demonstrates that the development will be adequately screened and buffered from the road using berms and landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.

In no case shall the right-of-way buffer be reduced by a waiver provision to less than 75 feet. The perimeter buffer shall not be reduced by a waiver provision to less than 20 feet. The planning director may also, in the event of granting a waiver, require additional landscaping as determined on a case by case basis.

(d)

Modifications to the landscape requirements. The planning director may modify, permit substitutions, or permit transfer of required landscaping in accordance with the provisions set forth in article II, division 4 of this chapter.

(e)

Requirements for buffers. All required buffers shall be exclusive of lots, remain free of structures and parking, and remain undisturbed, except for additional plantings and selective clearing approved by the planning director or his designee. Soil stockpiles and staging areas shall not be permitted within any buffer, except that temporary soil stockpiles may be allowed upon approval by the planning director under the following circumstances:

(1)

The buffer in which the temporary stockpile is to occur is non-wooded, defined as having no mature trees.

(2)

The stockpile shall not be visible from a Community Character Corridor or Community Character Area, unless the soil stockpiling is needed for approved berming in that buffer.

(3)

Stockpiles shall not exceed 35 feet in height.

(4)

Stockpiles shall be temporary, with a time limit of six months.

(5)

Once the use of the temporary soil stockpiles is completed, the ground must be adequately prepared for planting and revegetated in a manner that meets or exceeds the amount and quality of vegetation on the site previously.

(6)

Stockpiling shall conform with any applicable requirements of the Virginia erosion and sediment control regulations, the Virginia erosion and sediment control handbook and county erosion and sediment control program policies.

(f)

Limitations on buffers. Structural BMPs such as wet and dry ponds shall not generally be permitted in the buffers, except that the planning director may approve them under the following circumstances:

(1)

The need is necessitated by site conditions rather than economic factors; and

(2)

The screening/buffering effect of the buffer has been retained by the design of the BMP and any degradation has been mitigated with additional plantings or berms as necessary.

(g)

Improvements allowable within buffers. An entrance road, community and directional signage, bicycle and/or pedestrian paths, and utility connections and drainage improvements shall be permitted within the buffer with approval of the planning director. Permitted utilities and constructed drainage conveyance systems shall cross the buffer at or near a perpendicular angle to the property line, with clearing kept to a minimum necessary to accommodate the utilities, except that minor improvements to natural drainage channels may be permitted at a different angle to the property line upon approval of the planning director.

(h)

Roads within buffers. Entrance roads through these buffers shall be built to the narrowest cross-section possible. Roads and open space shall be located and designed in a manner that minimizes views of structures within the development from the adjoining primary or secondary road as determined by the planning director.

(i)

Appeals. In the event the planning director disapproves the items specified in (c), (d), (e), (f), (g), and (h) in this section or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission. Any appeal shall be in writing and may be subject to fees as specified in article I of this chapter.

(Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12; Ord. No. 31A-278, 11-27-12)

Pedestrian accommodations shall be provided in accordance with section 24-35.

(Ord. No. 31A-271, 9-11-12)

The purpose of the residential redevelopment district is to encourage the replacement or reuse of existing buildings or previously developed sites to accommodate new residential development that provides benefits to the county, but would be difficult to achieve with other zoning districts. The principal uses and development form should preserve or improve the desirable and viable characteristics of the previous use and the adjacent parcels. The desired result is improved function and appearance of the same use or introduction of a use or uses compatible and/or complementary to the surrounding developed areas.

All parcels to be zoned residential redevelopment should conform to the residential redevelopment policy.

(Ord. No. 31A-272, 9-11-12)

A Residential Redevelopment District, R-3, is permitted in areas designated Low Density Residential by the Comprehensive Plan. The minimum site size is five acres.

(Ord. No. 31A-272, 9-11-12)

In the Residential Redevelopment District, R-3, structures to be erected or land to be used shall be for one or more of the following uses:

(Ord. No. 31A-272, 9-11-12; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-293, 8-12-14; Ord. No. 31A-315, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-351, 9-8-20)

(a)

Right-of-way buffer. Within any residential redevelopment district approved under this division, there shall be planned and maintained buffers along all external existing and planned arterial road rights-of-way, as follows:

(1)

The minimum right-of-way buffer on community character corridor roads as defined in the Comprehensive Plan shall be 150 feet, except when the average lot depth of the parent parcel is less than 600 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(2)

The minimum right-of-way buffer on all non-community character corridor roads shall be 75 feet, except when the average lot depth of the parent parcel is less than 300 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(3)

The right-of-way buffer shall be planted in accordance with section 24-96, General landscape area standards. Buffers along Community Character Corridor roads shall also adhere to the Community Character Corridor Buffer Treatment Guidelines and Map.

(b)

Perimeter buffers. Within any residential redevelopment district approved under this division, there shall be a perimeter buffer along the perimeter property lines of the development except for areas adjacent to road rights-of way. Existing buffers up to 75 feet shall be preserved in their entirety. In those instances where the existing buffer is greater than 75 feet, the minimum buffer shall be 75 feet. In all other circumstances the minimum buffer shall be 20 feet. The buffer shall be left in its natural undisturbed state and/or planted with additional or new landscape trees, shrubs, and other vegetative cover as determined by the planning director such that the setback serves to minimize the visual intrusion and other negative impacts of new development or redevelopment on adjacent development, consistent with article II, division 4 of this chapter.

(c)

Buffer modifications; criteria for determination. Reduction of the width or waiver of the buffers specified in subsections (a) and (b) above may be approved by the planning director for a residential redevelopment district. Reductions may be approved upon the applicant's demonstration that the proposed buffer, by substitution of technique or design, will achieve results which clearly satisfy the overall purposes and intent of the buffer requirement of this section and the intent of article II, division 4 of this chapter; shall have no additional adverse impact on adjacent properties or public areas; and will not result in detrimental impacts to the orderly development or character of the area, the environment, sound engineering or planning practice, or the goals, objectives, strategies and policies of the comprehensive plan.

In addition, a request for a buffer reduction or waiver must meet one or more of the following criteria:

(1)

The request is for the purpose of integrating proposed residential redevelopment with adjacent development;

(2)

The requested buffer width substantially preserves, enhances, integrates and complements existing trees and topography;

(3)

The request is due to unusual size, topography, shape or location of the property, location of existing structures, or other unusual conditions, excluding the proprietary interests of the developer;

(d)

Requests for modifications. Requests for modifications pursuant to subsection (c) above shall be filed in writing with the planning director and shall identify the reasons for such requests together with the proposed alternative.

(e)

Uses prohibited. Buffers shall not be used for streets or for parking except for entrances and driveways which may penetrate the buffer.

(f)

Appeals. In the event the planning director disapproves the items specified in (c) or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee who shall forward a recommendation to the planning commission.

(Ord. No. 31A-272, 9-11-12)

There are no minimum lot width or area requirements.

(Ord. No. 31A-272, 9-11-12)

(a)

Front. There is no front setback requirement.

(b)

Side. The minimum side yard shall be five feet.

(c)

Rear. The minimum rear yard shall be 20 feet.

(d)

The rear and side yards may be reduced to zero feet with the approval of the planning director, provided that easements or covenants establish the rights of two abutting properties where main buildings are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's building for purposes of essential maintenance and service. The minimum distance between any two buildings within residential redevelopment shall be governed by the Virginia Uniform Statewide Building Code.

(Ord. No. 31A-272, 9-11-12)

Editor's note— Ord. No. 31A-357, adopted May 9, 2023, repealed § 24-273.6, which pertained to density and derived from Ord. No. 31A-272, adopted Sept. 11, 2012.

No project shall have a net density (including bonuses) of more than four units per acre. In order to achieve the densities listed below, the developer shall make assurances in a master plan, proffers, or other document approved by the county attorney, for the density bonus items.

(Ord. No. 31A-272, 9-11-12; Ord. No. 31A-278, 11-27-12; Ord. No. 31A-357, 5-9-23)

(a)

Water and sewer. All structures and uses within a residential redevelopment district shall be served by publicly owned and operated water and sewer systems.

(b)

Parking. Off-street parking facilities shall be provided in accordance with the off-street parking requirements of article II, division 2 of this chapter.

(c)

Signage. All signs within a residential redevelopment district shall comply with article II, division 3 of this chapter.

(d)

Streets. All dedicated public streets shown on the development plan shall meet the design and construction requirements of the Virginia Department of Transportation's standards or the requirements of the county subdivision ordinance, regulations, whichever is greater. Such public streets shall be coordinated consistent with the major transportation network thoroughfare plan shown in the comprehensive plan. Private streets may be permitted in accordance with the provisions of section 24-62 of this chapter.

(e)

Pedestrian accommodations. Pedestrian accommodations shall be provided in accordance with section 24-35 of this chapter.

(f)

Outdoor lighting. Outdoor lighting shall generally be provided as required by article II, division 7 of this chapter and the county subdivision ordinance.

(g)

Signs. Outdoor signs shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-272, 9-11-12)

Within every residential redevelopment project consisting of 50 or more lots, there shall be planned and set aside permanently open space to be maintained exclusively for conservation and recreation purposes.

(a)

Non-developable areas outside of private lots shall be maintained as open space and should be protected though a conservation easement dedicated to the county or other legal entity approved by the county attorney.

(b)

In addition, ten percent of the developable area shall also be set aside as open space. The developable area open space may include, but is not limited to:

(1)

Areas on site necessary to meet county policies pertaining to natural resources, archaeology, and parks and recreation;

(2)

Areas on site used to achieve density bonus points in accordance with section 24-273.7;

(3)

The following areas, up to the percent specified:

a.

Required right-of-way and perimeter buffers cannot exceed 50 percent of the developable open space required, and

b.

Stormwater management facilities cannot exceed 20 percent of the developable open space required (this limitation applies to structural best management practices such as wet and dry ponds, but does not apply to bioretention or other low impact design measures).

(c)

For the purpose of meeting the developable open space requirements specified in (b), open space area may not include:

(1)

Area on any individual private lots, or in the case of condominiums, within fifteen feet of the units, with the exception of easements for streetscapes, or

(2)

Land within public road rights-of-way and utility or drainage easements.

(d)

In meeting the developable area open space requirements specified in (b), open space shall be arranged on the site in a manner that is suitable in its size, shape, and location for the conservation and recreational uses intended, with adequate access for all residents. At a minimum, the open space shall adhere to the following standards:

(e)

The requirements found in (b)—(d) in this section may be waived by the planning director if an equivalent amount of qualifying off-site open space is already in existence. To qualify for the waiver, the off-site open space must meet the following criteria:

(1)

The off-site open space will remain as open space for the foreseeable future, such as open space located in a public park or at a public school.

(2)

The open space is within 1,800 feet of 60 percent of the residential redevelopment district units, as measured by the shortest pedestrian route between the units and open space.

(3)

A pedestrian connection between the district and the open space is already in existence or assurances are made on the master plan, proffers or other document approved by the county attorney that one shall be provided.

(Ord. No. 31A-272, 9-11-12)

Residential redevelopments shall have a homeowners association established in accordance with Chapter 19 of the county code. An alternative organization may be established, as long as the alternative is acceptable to the zoning administrator and county attorney; demonstrates appropriate ownership of open space identified on the approved master plan; and demonstrates appropriate maintenance or preservation of the open space, consistent with the approved master plan.

(Ord. No. 31A-272, 9-11-12)

Buildings may be erected up to two stories and shall not exceed 35 feet in height from grade, except that:

(a)

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

(b)

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

(c)

Church spires, belfries, cupolas, monuments, water towers, athletic field lighting, chimneys, flues, flagpoles, home television antennas and home radio aerials may be erected to a total height of 60 feet from grade. Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver for these structures to exceed 60 feet in height but not to exceed 100 feet, from grade to the top of the structure upon finding that:

(1)

Such structure will not obstruct light to adjacent property;

(2)

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

(3)

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

(4)

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

(5)

Such structure will not be contrary to the public health, safety and general welfare.

(d)

No accessory building which is within ten feet of any lot line shall be more than one story high. All accessory buildings shall be less than the main building in height; provided, however, the height of an accessory building may exceed the height of the main building if the grade of the lot is such that the elevation of the main building exceeds the elevation of the accessory building. The elevation of the main building and the accessory building shall be measured from the level of the curb or the established curb grade opposite the middle of the main building. In no case shall an accessory building be more than 35 feet in height.

(e)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-272, 9-11-12; Ord. No. 31A-315, 11-8-16)

This district is intended to permit development, in accordance with a master plan, of large, cluster-type communities in a manner that will protect and preserve the natural resources, trees, watersheds, contours and topographic features of the land, protect and enhance the natural scenic beauty and permit the greatest amount of recreational facilities by leaving large areas permanently open. Within such communities, the location of all improvements shall permit a variety of housing accommodations in an orderly relationship to one another with the greatest amount of open area, the least disturbance to natural features and to implement the policies and designations of the Comprehensive Plan. A planned residential district may include a variety of residential accommodations and light commercial activity, but no industrial development is permitted.

(Ord. No. 31A-88, § 20-66, 4-8-85; Ord. No. 31A-142, 5-4-92)

For purposes of this article, a residential planned community shall be a large, planned development consisting of 400 acres or more under a single ownership or control. The residential planned community is predominated by residential land uses and open space, but also contains such uses as recreation centers, fire stations, schools and retail establishments which make the residential planned community largely self-sufficient. An important feature of the residential planned community is its emphasis on site planning and the retention of large, open areas.

(Ord. No. 31A-88, § 20-66.1, 4-8-85; Ord. No. 31A-142, 5-4-92)

(a)

Generally. The applicant shall submit documents in accordance with section 24-23 to the planning director prior to any rezoning or special use permit application consideration by the planning commission.

The purpose of the master plan and community impact statement is to set an overall population and development ceiling for the planned community, to determine off-site impacts of the development and to identify the general arrangement of internal land uses.

(b)

Master plan. The master plan shall be prepared by a licensed surveyor, engineer, architect, landscape architect or planner. It shall include:

(1)

The approximate boundaries of each section, land use or density, a general circulation plan with an indication of whether streets are to be public or private, and the approximate location of recreation areas, sidewalks and other pedestrian access ways, common open space areas, public facilities and areas proposed for dedication to public use within the project. Each residential section of the master plan shall be designated according to the following categories:

The above designation shall be the highest and densest use to which such land may be put without amending the master plan. However, where the planning director finds the project does not vary the basic concept or character of the planned community and where it does not exceed the maximum density permitted under section 24-279, the planning director may approve final plans for projects with lower densities or a lower category of uses than those shown on the master plan without amending the master plan. Common open space shall be located in a usable way and located to enhance the living environment of the residential planned community. Generally this shall mean that the common open space shall be distributed throughout the community and not aggregated in large areas that provide little or no benefit to the individual uses or the community at large.

(2)

As marginal data it shall contain a table which shows, for each section or area of different uses, the use, approximate phasing, maximum number of dwelling units and density for residential areas, square feet of floor space for commercial areas, and their acreage.

(3)

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

(4)

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

(Ord. No. 31A-88, § 20-67, 4-8-85; Ord. No. 31A-89, 9-9-85; Ord. No. 31A-118, 2-5-90; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-273, 9-11-12)

(a)

Additional land area may be added to an existing residential planned community if it is adjacent and forms a logical addition to the existing residential planned community and if it is under the same ownership or control.

(b)

The procedure for an addition shall be the same as if an original application were filed and all of the requirements of this article shall apply, except the minimum acreage requirement of 400 acres.

(Ord. No. 31A-88, § 20-75, 4-8-85; Ord. No. 31A-142, 5-4-92)

(a)

The net density of the total area of the planned residential community shall not exceed two dwelling units per acre.

(Ord. No. 31A-88, § 20-76, 4-8-85; Ord. No. 31A-102, 6-1-87; Ord. No. 31A-113, 4-3-89; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-273, 9-11-12; Ord. No. 31A-357, 5-9-23)

The master plan shall designate the proposed dwelling unit densities within each residential area shown, according to the following categories:

Units for sale in condominium may be in any of the dwelling types listed above and the maximum net density shall be determined by the dwelling type.

(Ord. No. 31A-88, § 20-77, 4-8-85; Ord. No. 31A-89, 9-9-85; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-273, 9-11-12; Ord. No. 31A-357, 5-9-23)

(a)

At least 40 percent of the total acreage of the residential planned community shall be designated as open space. Such open space may include parks, lakes, walkways, trails, playground and recreation facilities, sports facilities, nonresidential clubhouse grounds, and rights-of-way and surface easements for drainage and other utilities over areas not within the lines of any residential lot. Golf courses may also be counted as open space for the purpose of meeting this requirement to a maximum of 60 percent of the required open space.

(b)

The required open space shall contain recreation open space in the amount of one acre or more per 350 dwelling units. For the purposes of this section, recreational open space shall mean parks, playgrounds, swimming pools, tennis courts or other similar recreational facilities serving residents of the approved planned community.

(Ord. No. 31A-88, § 20-77.1, 4-8-85; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-273, 9-11-12)

In the residential planned community district, R-4, structures to be erected or land to be used shall be for one or more of the following uses:

All uses are subject to the limitations hereinafter provided.

(Ord. No. 31A-88, § 20-78, 4-8-85; Ord. No. 31A-89, 9-9-85; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-265, 4-10-12; Ord. No. 31A-273, 9-11-12; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-293, 8-12-14; Ord. No. 31A-316, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-351, 9-8-20; Ord. No. 31A-354, 12-14-21; Ord. No. 31A-359, 5-9-23)

(a)

Commercial uses shall be located in well-designed commercial areas of the residential planned community and shall be shown on the master plan and on pertinent final plans.

(b)

Not more than 20 percent of the total area shall be devoted to commercial uses in the residential planned community and such commercial uses are to be limited to the areas designated on the master plan and on pertinent final plans.

(c)

Uses in a residential planned community shall be permissible only in the general location shown on the approved master plan as previously set forth.

(Ord. No. 31A-88, § 20-79, 4-8-85; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-273, 9-11-12)

(a)

All development within the R-4 District shall be served by publicly owned and operated water and sewer systems.

(b)

Extensions and expansions of public utilities to serve the development shall be governed by the regulations and policies governing service of the appropriate public agency.

(c)

Recreational maintenance facilities, maintenance facilities, temporary sales offices, temporary construction offices and accessory structures may be permitted to temporarily operate on individual well and septic systems provided the following is met:

(1)

The structure shall not be within the minimum connection distance for public utilities as determined by the James City Service Authority;

(2)

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

(3)

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

(4)

The structure shall connect to public water within five years from the date of final site plan approval and shall be guaranteed by appropriate surety, letter of credit, cash escrow or other form of guarantee approved by the county attorney and the director of building safety and permits. The structure shall connect to public utilities within 30 days of the date that such facilities are constructed within the minimum connection distance for public utilities as determined by the James City Service Authority; and

(5)

No more than one structure served by an individual well and septic system shall be permitted at one time within a planned community.

(Ord. No. 31A-88, § 20-80.1, 4-8-85; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-216, 2-22-05; Ord. No. 31A-249, 7-26-11; Ord. No. 31A-273, 9-11-12)

(a)

All dedicated public streets shown on the development plan shall meet the design and construction requirements of the Virginia Department of Transportation's standards or the county subdivision ordinance, whichever is more stringent. Such public streets shall be coordinated with the major transportation network shown in the Comprehensive Plan.

(b)

Private streets may be permitted in accordance with the provisions of section 24-62.

(Ord. No. 31A-88, § 20-80.2, 4-8-85; Ord. No. 31A-105, 2-22-88; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-249, 7-26-11; Ord. No. 31A-255, 11-22-11; Ord. No. 31A-273, 9-11-12)

To assure an appearance and condition which is consistent with the purposes of the Residential Planned Community District, R-4, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter, except that unique signing systems may be approved by the planning commission and the board of supervisors where such sign systems contribute significantly to the character of the residential planned community. However, in no case shall the sign's square foot size exceed the maximum allowed in article II, division 3 of this chapter. Home occupation signs shall not be permitted in the residential planned community district.

(Ord. No. 31A-88, § 20-80.4, 4-8-85; Ord. No. 31A-112, 2-6-89; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-273, 9-11-12)

Structures may be erected up to 60 feet in height from grade to the top Structures may be erected up to 60 feet in height from grade to the top of the structure, including all penthouse, electrical, plumbing, elevator, water tank, athletic field lighting or other accessory functions, which are part of the structure. A structure in excess of 60 feet in height but not in excess of 100 feet, from grade to the top of the structure, including all penthouse, electrical, plumbing, elevator, water tank or other accessory functions may be erected only upon the granting of a height limitation waiver by the board of supervisors. Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

a.

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

b.

Such structure will not obstruct light from adjacent property;

c.

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

d.

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

e.

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

f.

Such structure will not be contrary to the public health, safety and general welfare.

(Ord. No. 31A-89, 9-9-85; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-273, 9-11-12; Ord. No. 31A-316, 11-8-16)

(a)

Easements and covenants shall clearly establish the rights of two abutting properties where main buildings are to be constructed on or within five feet of a property line. Such easements/covenants shall establish the rights of each affected owner to gain access to each owner's building for purposes of essential maintenance and service.

(b)

Lot sizes and setback lines shall be shown on final plans.

(Ord. No. 31A-291, 8-13-13)

The Multifamily Residential District, R-5, is composed of moderate to high-density residential areas and other such areas where similar development is likely to occur. It is the purpose of this district to provide for a harmonious and orderly relationship between multifamily residential uses and lower-density residential uses or nonresidential uses. A further purpose is to require that development within this district be adequately served by public facilities, that adequate open space and recreational areas be provided for the use of residents and for buffering of adjoining property and to implement the policies and designations of the Comprehensive Plan.

(Ord. No. 31A-88, § 20-80.5, 4-8-85; Ord. No. 31A-142, 5-4-92)

In the Multifamily Residential District, R-5, structures to be erected or land to be used shall be for the following uses:

(Ord. No. 31A-88, § 20-80.6, 4-8-85; Ord. No. 31A-102, 6-1-87; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-148, 1-4-93; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-208, 8-13-02; Ord. No. 31A-274, 9-11-12; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-317, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-351, 9-8-20)

The minimum site size for a multifamily district shall be three acres.

(Ord. No. 31A-88, § 20-80.7, 4-8-85; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-274, 9-11-12)

(a)

No project shall have a net density (including bonuses) of more than 12 units per acre.

(b)

The number of units which may be constructed shall be determined by the net density of the site and the use proposed as follows:

(c)

Density bonuses. In order to encourage attractive architectural and site designs which are harmonious with adjoining property, to encourage the preservation of open space within and around higher density development, to encourage preservation and restoration of historic sites and to encourage developers to go beyond the minimum standards of the zoning ordinance, the board of supervisors may approve density bonuses as specified in the density bonus item options table in section 24-549 of this chapter. Density bonuses shall not exceed a maximum of an additional 20 percent above the net density that would otherwise be permitted and in no case shall exceed 12 units per acre, in accordance with the following:

(d)

Subdivision in order to circumvent provisions prohibited. Property shall not be subdivided to circumvent this section and project phases shall be considered one development.

(Ord. No. 31A-88, § 20-80.11, 4-8-85; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-274, 9-11-12; Ord. No. 31A-357, 5-9-23)

Editor's note— Ord. No. 31A-357, adopted May 9, 2023, repealed § 24-308, which pertained to Density and derived from Ord. No. 31A-274, adopted Sept. 11, 2012.

Any subdivision of land within Multifamily Residential District, R-5, shall comply with the subdivision ordinance of the county.

(Ord. No. 31A-88, § 20-80.12, 4-8-85; Ord. No. 31A-274, 9-11-12)

(a)

Sewer and water. All dwelling units within the Multifamily Residential District, R-5, shall be served by publicly owned and operated sewer and water systems.

(b)

Open space. There shall be planned and set aside permanently an amount of open space to be maintained exclusively for conservation and recreation purposes.

(1)

Non-developable areas shall be maintained as open space and shall not be included on any private lot, and should be protected though a conservation easement dedicated to the county or other legal entity approved by the county attorney.

(2)

In addition, ten percent of the developable area shall also be set aside as open space. The developable area open space may include, but is not limited to:

a.

Areas on site necessary to meet county policies pertaining to natural resources, archaeology, and parks and recreation;

b.

Areas on site used to achieve density bonus points in accordance with section 24-307;

c.

The following areas, up to the percent specified:

1.

Required right-of-way and perimeter buffers cannot exceed 50 percent of the developable open space required, and

2.

Stormwater management facilities cannot exceed 20 percent of the developable open space required (this limitation applies to structural best management practices such as wet and dry ponds, but does not apply to bioretention or other low impact design measures).

(3)

For the purpose of meeting the developable open space requirements, open space area may not include:

a.

Area on any individual private lots, with the exception of easements for streetscapes, or

b.

Land within public road rights-of-way and utility or drainage easements.

(4)

Open space shall be arranged on the site in a manner that is suitable in its size, shape, and location for the conservation and recreational uses intended, with adequate access for all residents and served with adequate facilities for such purpose. Existing features which would enhance the residential environment or the county as a whole such as trees, watercourses, historic spots and similar features shall be preserved to the maximum extent possible.

(c)

Recreation. A playground area or areas with playground equipment shall be provided by the developer. Such areas shall be centrally located and total at least one-half acre for every 50 dwelling units; provided, that the total shall not exceed ten percent of the gross area of the site. For multifamily projects with less than 50 dwelling units, the recreation areas shall total ten percent of the gross acreage of the site. The developer shall provide and install playground equipment specified on the site plan prior to the issuance of any certificates of occupancy. Recreation areas and facilities may be deeded to a residents' association.

(d)

Parking. Off-street parking facilities shall be provided in accordance with article II, division 2 of this chapter.

(e)

Streets. All dedicated public streets shown on the development plan shall meet the design and construction requirements of the Virginia Department of Transportation's standards or the county subdivision ordinance, whichever is more stringent. Such public streets shall be coordinated with the major transportation network shown in the Comprehensive Plan. Private streets may be permitted in accordance with the provisions of section 24-62. The traffic generated by a Multifamily Residential District, R-5, shall not exceed the capacity of adjoining thoroughfares. The daily traffic shall be determined by multiplying the number of proposed dwelling units by the appropriate trip generation rate as listed in the latest edition of a book entitled Trip Generation published by the Institute of Transportation Engineers and compared to the existing traffic and road capacity as determined by the highway engineer.

(f)

Outdoor lighting. Outdoor lighting shall be provided, as required by article II, division 7 of this chapter and the county subdivision ordinance. No lighting fixture on pedestrian or bicycle paths or parking lots shall exceed a height of 15 feet.

(g)

Structure height. Structures may be erected up to 35 feet in height from grade to the top of the structure, including all church spires, belfries, cupolas, monuments, penthouse, electrical, plumbing, elevator, athletic field lighting, water tank or other accessory functions which are part of the structure. A structure in excess of 35 feet in height from grade to the top of the structure, including all church spires, belfries, cupolas, monuments, penthouse, electrical, plumbing, elevator, athletic field lighting, water tank or other accessory functions may be erected only upon the granting of a height limitation waiver by the board of supervisors. Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(1)

Such structure will not obstruct light from adjacent property;

(2)

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

(3)

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

(4)

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

(5)

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

(h)

Maximum number of units and facade variety. A maximum of ten multifamily dwelling units shall be included in one structure. The facade of multifamily dwelling within a group shall be changed by variation in the depth of front yards, building materials and/or design so that no more than two abutting units shall be of like appearance.

(i)

Minimum distances. The distance between two main structures on a single lot shall be a minimum of the height of the taller structure. Accessory structures shall be a minimum of ten feet from any other structure.

(j)

Maintenance of common open space, recreation facilities, etc. The maintenance of common open space, recreation facilities, sidewalks, parking, private streets and other privately owned but common facilities serving the project shall be guaranteed by the developer, project owner or a properly established homeowners' association.

(k)

Signs. To assure an appearance and condition which is consistent with the purposes of this district, outdoor signs shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-88, § 20-80.13, 4-8-85; Ord. No. 31A-89, 9-9-85; Ord. No. 31A-91, 12-2-85; Ord. No. 31A-100, 4-6-87; Ord. No. 31A-105, 2-22-88; Ord. No. 31A-118, 2-5-90; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-142, 5-4-92; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-249, 7-26-11; Ord. No. 31A-255, 11-22-11; Ord. No. 31A-274, 9-11-12; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-317, 11-8-16)

(a)

Right-of-way buffer. Within any development approved under this division, there shall be planned and maintained buffers along all external existing and planned arterial road rights-of-way, as follows:

(1)

The minimum right-of-way buffer on community character corridor roads as defined in the comprehensive plan shall be 150 feet, except when the average lot depth of the parent parcel is less than 600 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(2)

The minimum right-of-way buffer on all non-community character corridor roads shall be 75 feet, except when the average lot depth of the parent parcel is less than 300 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(3)

The right-of-way buffer shall be planted in accordance with Section 24-96, General landscape area standards. Buffers along community character corridor roads shall also adhere to the Community Character Corridor Buffer Treatment Guidelines and Map.

(b)

Perimeter buffers. Within any development approved under this division, there shall be planned and maintained a perimeter buffer along the perimeter property lines of the development, except for areas adjacent to road rights-of-way. The minimum perimeter buffer shall be as specified in the following table:

Landscaping guidelines for perimeter buffers shall follow the requirements in section 24-96 of this chapter.

(c)

Waiver provisions. In instances where properties have more than a 300-foot average depth and are located along a community character corridor, or in all instances of perimeter buffers, the planning director may reduce the buffer depth requirements of this section for residential developments when:

(1)

The development is less than five acres and a majority of the development's units are dedicated to affordable and workforce housing; or

(2)

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer; or

(3)

The developer demonstrates that the development will be adequately screened and buffered from the road using berms and landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.

In no case shall the right-of-way buffer be reduced by a waiver provision to less than 75 feet. The perimeter buffer shall not be reduced by a waiver provision to less than 20 feet. The planning director may also, in the event of granting a waiver, require additional landscaping as determined on a case by case basis.

(d)

Modifications to the landscape requirements. The planning director may modify, permit substitutions, or permit transfer of required landscaping in accordance with the provisions set forth in article II, division 4 of this chapter.

(e)

Requirements for buffers. All required buffers shall be exclusive of lots, remain free of structures and parking, and remain undisturbed, except for additional plantings and selective clearing approved by the planning director or his designee. Soil stockpiles and staging areas shall not be permitted within any buffer, except that temporary soil stockpiles may be allowed upon approval by the planning director under the following circumstances:

(1)

The buffer in which the temporary stockpile is to occur is non-wooded, defined as having no mature trees.

(2)

The stockpile shall not be visible from a community character corridor or community character area, unless the soil stockpiling is needed for approved berming in that buffer.

(3)

Stockpiles shall not exceed 35 feet in height.

(4)

Stockpiles shall be temporary, with a time limit of six months.

(5)

Once the use of the temporary soil stockpiles is completed, the ground must be adequately prepared for planting and revegetated in a manner that meets or exceeds the amount and quality of vegetation on the site previously.

(6)

Stockpiling shall conform with any applicable requirements of the Virginia erosion and sediment control regulations, the Virginia erosion and sediment control handbook and county erosion and sediment control program policies.

(f)

Limitations on buffers. Structural BMPs such as wet and dry ponds shall not generally be permitted in the buffers, except that the planning director may approve them under the following circumstances:

(1)

The need is necessitated by site conditions rather than economic factors; and

(2)

The screening/buffering effect of the buffer has been retained by the design of the BMP and any degradation has been mitigated with additional plantings or berms as necessary.

(g)

Improvements allowable within buffers. An entrance road, community and directional signage, bicycle and/or pedestrian paths, and utility connections and drainage improvements shall be permitted within the buffer with approval of the planning director. Permitted utilities and constructed drainage conveyance systems shall cross the buffer at or near a perpendicular angle to the property line, with clearing kept to a minimum necessary to accommodate the utilities, except that minor improvements to natural drainage channels may be permitted at a different angle to the property line upon approval of the planning director.

(h)

Roads within buffers. Entrance roads through these buffers shall be built to the narrowest cross-section possible. Roads and open space shall be located and designed in a manner that minimizes views of structures within the development from the adjoining primary or secondary road as determined by the planning director.

(i)

Setback and yard requirements. There shall be no minimum lot size or minimum front, side or rear setback or yard requirements for any lot within a R-5 district other than as specified in the approved final plans.

(j)

Appeals. In the event the planning director disapproves the items specified in (c), (d), (e), (f), (g), and (h) in this section or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission. Any appeal shall be in writing and may be subject to fees as specified in article I of this chapter.

(k)

Relation to article II, division 4. Any development approved under this division shall adhere to the buffer and setback requirements listed above. Where these requirements are more stringent than those found in article II, division 4 of this chapter, these requirements shall supersede them.

(Ord. No. 31A-274, 9-11-12; Ord. No. 31A-278, 11-27-12)

Pedestrian accommodations shall be provided in accordance with section 24-35 of this chapter.

(Ord. No. 31A-274, 9-11-12)

The Low-Density Residential District, R-6, is composed of those portions of the county where a quiet, low-density residential character has already been established and where limited agricultural operations function concurrently with low-density residential uses. This district is established for the purposes of stabilizing and protecting the existing low-density residential character from encroachment by nonresidential or higher density uses, ensuring that limited farming and livestock operations will function harmoniously with residential uses, ensuring that future development will be of similar character and protecting watersheds, waterways and natural resources.

(Ord. No. 31A-88, § 20-80.16, 4-8-85; Ord. No. 31A-122, 6-18-90)

In the Low-Density Residential, R-6, structures to be erected or land to be used shall be for the following uses:

Accessory apartments, attached, in accordance with section 24-32.

Accessory buildings or structures as defined.

Agriculture, including land and buildings for accessory uses, such as forestry, farming, the raising of livestock, excluding hogs, and other agricultural pursuits.

Boat docks.

Communications facilities (public or private) in compliance with article II, division 6 of this chapter.

Community recreation facilities, including parks, playgrounds, clubhouses, boating facilities, swimming pools, ball fields, tennis courts and other similar recreation facilities.

Home occupations as defined.

Horse or pony farms (including the raising and keeping of horses), riding stables or horse show areas.

Houses of worship.

Off-street parking, as required by section 24-54.

Preserves, conservation areas or hunting clubs.

Retail shops associated with community recreation facilities.

Schools, libraries and fire stations.

Single-family dwellings.

Timbering in accordance with section 24-43.

Water impoundments, new or expansion of, less than 50 acres and with dam heights of less than 25 feet.

(Ord. No. 31A-88, § 20-80.17, 4-8-85; Ord. No. 31A-122, 6-18-90; Ord. No. 31A-148, 1-4-93; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-259, 1-10-12; Ord. No. 31A-293, 8-12-14; Ord. No. 31A-318, 11-8-16; Ord. No. 31A-348, 7-14-20)

In the Low-Density Residential, R-6, buildings to be erected or land to be used for the following or similar uses shall be permitted only after the issuance of a special use permit by the board of supervisors:

Accessory apartments, detached, in accordance with section 24-32.

Adult day care centers.

Cemeteries and memorial parks.

Communications facilities (public or private) in compliance with article II, division 6 of this chapter.

Day care and child care centers.

Electrical generation facilities (public or private), electrical substations with a capacity of 5,000 kilovolt amperes or more and electrical transmission lines capable of transmitting 69 kilovolts or more.

Golf courses, county clubs.

Home care facilities.

Railroad facilities including tracks, bridges, switching yards and stations. However, spur lines, which are to serve and are accessory to existing or proposed development adjacent to existing railroad right-of-ways and track and safety improvements in existing railroad right-of-ways, are permitted generally and shall not require a special use permit.

Rental of rooms to a maximum of three rooms.

Telephone exchanges and telephone switching stations.

Transmission pipelines (public or private), including pumping stations and accessory storage, for natural gas, propane gas, petroleum products, chemicals, slurry coal and any other gases, liquids or solids. However, extensions or private connections to existing pipelines, which are intended to serve an individual residential or commercial customer and which are accessory to existing or proposed development, are permitted generally and shall not require a special use permit.

Water facilities (public or private), and sewer facilities (public), including, but not limited to, treatment plants, pumping stations, storage facilities and transmission mains, wells and associated equipment such as pumps to be owned and operated by political jurisdictions. However, private connections to existing mains, with no additional connections to be made to the line, which are intended to serve an individual residential or commercial customer and which are accessory to existing or proposed development, and distribution lines and local facilities within a subdivision or development, including pump stations, are permitted generally and shall not require a special use permit.

Water impoundments, new or expansion of, of 50 acres or more or with dam heights of 25 feet or more.

(Ord. No. 31A-88, § 20-80.17.1, 4-8-85; Ord. No. 31A-122, 6-18-90; Ord. No. 31A-131, 6-3-91; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-148, 1-4-93; Ord. No. 31A-153, 11-1-93; Ord. No. 31A-208, 8-13-02; Ord. No. 31A-259, 1-10-12; Ord. No. 31A-293, 8-12-14; Ord. No. 31A-318, 11-8-16; Ord. No. 31A-348, 7-14-20)

(a)

The minimum lot area shall be 43,560 square feet.

(b)

This requirement shall not apply to lots of less than 43,560 square feet recorded or legally in existence prior to April 8, 1985, the date of adoption of the section. Such lots of less than 43,560 square feet used for residential purposes shall be limited to one single-family residential use.

(Ord. No, 31A-88, § 20-80.18, 4-8-85)

(a)

Structures shall be a minimum of 35 feet from any street the right-of-way of which is 50 feet or greater in width or 60 feet from the centerline on any street right-of-way less than 50 feet in width, except that accessory structures, such as sheds, feed pens, stables, kennels, or barns, used in livestock operations shall be located at least 80 feet from any adjoining street, road or property line. Grazing and pasture areas may extend to the property line, but shall be fenced from adjoining property.

(b)

If a lot has frontage on more than one street, structures shall be located behind all setback lines.

(Ord. No. 31A-88, § 20-80.19, 4-8-85)

The minimum lot width for the permitted uses shall be 150 feet at the setback line.

(Ord. No. 31A-88, § 20-80.20, 4-8-85)

(a)

Side. The minimum side yard shall be 15 feet for each main structure. Except for that indicated in section 24-331, the minimum side yard for accessory structures shall be five feet; however, the minimum side yard for accessory buildings exceeding one story shall be 15 feet.

(b)

Rear. Each main structure shall have a minimum rear yard setback of 35 feet. Except for that indicated in section 24-331, the minimum rear yard for accessory structures shall be five feet; however, the minimum rear yard for accessory, buildings exceeding one story shall be 15 feet.

(Ord. No. 31A-88, § 20-80.21, 4-8-85)

(a)

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

(b)

No structure shall be located closer than 35 feet to the side street.

(c)

Each corner lot shall have a minimum width at the setback line of 150 feet.

(Ord. No. 31A-88, § 20-80.22, 4-8-85)

Buildings may be erected up to two stories and shall not exceed 35 feet in height from grade, except that:

(1)

The height limit for dwellings may be increased to 45 feet and to three stories; provided, that the two side yards for the dwelling are increased to a minimum of 15 feet plus one foot for each additional foot of the building's height over 35 feet.

(2)

Church spires, belfries, cupolas, monuments, water towers, athletic field lighting, chimneys, flues, flagpoles, home television antennas, home radio aerials, silos and other structures normally associated with and accessory to farming operations may be erected to a total height of 60 feet from grade. Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver for these structures to exceed 60 feet in height but not to exceed 100 feet, from grade to the top of the structure upon finding that:

a.

Such structure will not obstruct light to adjacent property;

b.

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

c.

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

d.

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

e.

Such structure will not be contrary to the public health, safety and general welfare.

(3)

No accessory building which is within 15 feet of any lot line shall be more than one story high. All accessory buildings shall be less than the main building in height; provided, however, the height of an accessory building may exceed the height of the main building if the grade of the lot is such that the elevation of the main building exceeds the elevation of the accessory building. The elevation of the main building and accessory building shall be measured from the level of the curb or the established curb grade opposite the middle of the main building. In no case shall an accessory building be more than 35 feet in height, except that silos, barns and other structures normally associated with and accessory to farming operations are controlled by subsection (2) above and may exceed the height of the main structure and may exceed 35 feet in height.

(4)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-80.23, 4-8-85; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-259, 1-10-12; Ord. No. 31A-318, 11-8-16)

To assure an appearance and condition which is consistent with the purposes of the Low-Density Residential District, R-6, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II of this chapter.

(Ord. No. 31A-88, § 24-80.24, 4-8-85; Ord. No. 31A-122, 6-18-90)

Lots in a minor subdivision must adhere to the area requirements set forth in section 24-330. All other subdivisions shall have a maximum net density of one unit per acre.

(Ord. No. 31A-357, 5-9-23)

Generally, the Rural Residential District, R-8, is intended for application to rural areas of the county which remain inside the primary service area where utilities and urban services are planned but not yet fully available and where urban development may be expected in the near future. The district may also be applied to certain outlying areas where residences exist at similar densities or may be appropriate in view of housing needs. The district is intended to maintain a rural environment suitable for farming, forestry and low-density rural residence, together with certain recreational and public or semipublic and institutional uses, until such time as an orderly expansion of urban development is appropriate.

(Ord. No. 31A-88, § 20-35, 4-8-85; Ord. No. 31A-114, 5-1-89; Ord. No. 31A-122, 6-18-90)

In the Rural Residential District, R-8, structures to be erected or land to be used shall be for the following uses:

(Ord. No. 31A-88, § 20-36, 4-8-85; Ord. No. 31A-99, 10-6-86; Ord. No. 31A-114, 5-1-89; Ord. No. 31A-122, 6-18-90; Ord. No. 31A-131, 6-3-91; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-202, 12-21-99; Ord. No. 31A-259, 1-10-12; Ord. No. 31A-293, 8-12-14; Ord. No. 31A-319, 11-8-16; Ord. No. 31A-336, 8-8-17; Ord. No. 31A-348, 7-14-20)

Editor's note— Ord. No. 31A-336 adopted August 8, 2017, repealed § 24-349. Former § 24-349 pertained to uses permitted by special use permit only and derived from Ord. No. 31A-88, adopted April 8, 1985; Ord. No. 31A-104, adopted October 5, 1987; Ord. No. 31A-110, adopted September 12 1988; Ord. No. 31A-114, adopted May 1, 1989; Ord. No. 31A-122, adopted June 18, 1990; Ord. No. 31A-131, adopted June 3, 1991; Ord. No. 31A-145, adopted July 6, 1992; Ord. No. 31A-153, adopted November 1, 1993; Ord. No. 31A-176, adopted May 26, 1998; Ord. No. 31A-202, adopted December 21, 1999; Ord. No. 31A-208, adopted August 13, 2002; Ord. No. 31A-220, adopted October 11, 2005; Ord. No. 31A-242, adopted July 14, 2009; Ord. No. 31A-259, adopted January 10, 2012; Ord. No. 31A-293, adopted August 12, 2004; Ord. No. 31A-319, adopted November 8, 2016.

(a)

Minimum lot size. The minimum lot size, unless otherwise specified herein, shall be 20 acres.

(b)

For parcels of 25 acres or less recorded or legally in existence as of January 1, 2022, the minimum lot size shall be three acres.

(Ord. No. 31A-88, § 20-37, 4-8-85; Ord. No. 31A-99, 10-6-86; Ord. No. 31A-202, 12-21-99; Ord. No. 31A-356, 10-11-22)

Structures shall be located a minimum of 35 feet from any street right-of-way which is 50 feet or greater in width. Where the street right-of-way is less than 50 feet in width, structures shall be located a minimum of 60 feet from the centerline of the street. This shall be known as the "setback line," except that the following shall apply:

(1)

Where 40 percent or more of frontage on one side of street within the same block is improved with buildings, no building shall project beyond the average front yard so established.

(2)

No building shall be required to have a front yard greater than that of one of two existing buildings on the immediately adjoining lots on each side, whichever is the farthest removed from the street.

(3)

All subdivisions platted and recorded prior to March 1, 1969, with building setback lines shown on their recorded plat, will be allowed to adhere to these established setback lines.

(Ord. No. 31A-88, § 20-38, 4-8-85; Ord. No. 31A-202, 12-21-99)

(a)

Lots of up to 43,560 square feet shall have a minimum width at the setback line of 100 feet.

(b)

Lots of 43,560 square feet or more shall have a minimum width at the setback line of 150 feet.

(Ord. No. 31A-88, § 20-39, 4-8-85)

(a)

Side. The minimum side yard for each main structure shall be 15 feet. The minimum side yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum side yard of 15 feet.

(b)

Rear. Each main structure shall have a rear yard of 35 feet or more. The minimum rear yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum rear yard of 15 feet.

(Ord. No. 31A-88, § 20-40, 4-8-85)

Structures may be erected up to two stories and shall not exceed 35 feet in height from grade, except that:

(1)

The height limit for buildings may be increased to 45 feet and to three stories; provided, that the two side yards for the building are increased to a minimum of 15 feet plus one foot for each additional foot of the building's height over 35 feet.

(2)

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

(3)

Church spires, belfries, cupolas, monuments, water towers, athletic field lighting, chimneys, flues, flagpoles, home television antennas, home radio aerials, silos and other structures normally associated with and accessory to farming operations may be erected to a total height of 60 feet from grade. Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver for these structures to exceed 60 feet in height but not to exceed 100 feet, from grade to the top of the structure upon finding that:

a.

Such structure will not obstruct light to adjacent property;

b.

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

c.

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

d.

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

e.

Such structure will not be contrary to the public health, safety and general welfare.

(4)

No accessory building which is within 15 feet of any lot line shall be more than one story high. All accessory buildings shall be less than the main building in height; provided, however, the height of an accessory building may exceed the height of the main building if the grade of the lot is such that the elevation of the main building exceeds the elevation of the accessory building. The elevation of the main building and accessory building shall be measured from the level of the curb or the established curb grade opposite the middle of the main building. In no case shall an accessory building be more than 45 feet in height; except that silos, barns and other structures normally associated with and accessory to farming operations are controlled by subsection (3) above and may exceed the height of the main structure and may exceed 45 feet in height.

(5)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-40.1, 4-8-85; Ord. No. 31A-114, 5-1-89; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-215, 2-22-05; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-259, 1-10-12; Ord. No. 31A-319, 11-8-16)

(a)

For corner lots, the front of the lot shall be the shorter of the two sides fronting on streets.

(b)

No structures shall be located closer than 35 feet to the side street.

(c)

Each corner lot shall have a minimum width at the setback line of 125 feet or more.

(Ord. No. 31A-88, § 20-41, 4-8-85)

To assure an appearance and condition which is consistent with the purposes of the Rural Residential District, R-8, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-88, § 20-41.1, 4-8-85; Ord. No. 31A-122, 6-18-90)

To assure an appearance and condition which is consistent with the purpose of the Rural Residential District, R-8, structural BMPs serving the properties within the district shall comply with the landscaping regulations in article II, division 4 of this chapter.

(Ord. No. 31A-202, 12-21-99)

(a)

Right-of-way buffer. Within any major subdivision approved under this article, there shall be planned and maintained buffers along all external existing and planned arterial road rights-of-way, as follows:

(1)

The minimum right-of-way buffer on Community Character Corridor roads as defined in the Comprehensive Plan shall be 150 feet, except when the average lot depth of the parent parcel is less than 600 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(2)

The minimum right-of-way buffer on all non-Community Character Corridor roads shall be 75 feet, except when the average lot depth of the parent parcel is less than 300 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(3)

If the buffer is non-wooded as defined for the purpose of this article as having no mature trees, then a minimum of two trees per 400 square feet of area shall be planted with a minimum 50 percent of said trees being evergreen. Otherwise, the buffer shall remain undisturbed or supplemented with additional plantings to achieve the planting ratio stated above.

(b)

Perimeter buffers. Within any major subdivision approved under this article, there shall be planned and maintained a perimeter buffer along the perimeter property lines of the development, except for areas adjacent to road rights-of-way. The minimum perimeter buffer shall be 35 feet. Landscaping guidelines for perimeter buffers shall follow the requirements in section 24-94(a) of this chapter.

(c)

Waiver provisions. In instances where properties have more than a 300-foot average depth and are located along a Community Character Corridor, or in all instances of perimeter buffers, the planning commission may reduce the buffer depth requirements of this section for residential developments when:

(1)

The development is less than five acres and a majority of the development=s units are dedicated to affordable housing; or

(2)

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer; or

(3)

The developer demonstrates that the development will be adequately screened and buffered from the road using berms and landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.

In no case shall the right-of-way buffer be reduced by a waiver provision to less than 75 feet. The perimeter buffer shall not be reduced by a waiver provision to less than 20 feet. The planning commission may also, in the event of granting a waiver, require additional landscaping as determined on a case by case basis.

(d)

Modifications to the landscape requirements. The planning commission may modify, permit substitutions, or permit transfer of required landscaping in accordance with the provisions set forth in article II, division 4 of this chapter.

(e)

Requirements for buffers. All required buffers shall be exclusive of lots, remain free of structures and parking, and remain undisturbed, except for additional plantings and selective clearing approved by the director of planning or his designee. Soil stockpiles and staging areas shall not be permitted within any buffer, except that temporary soil stockpiles may be allowed upon approval by the planning commission under the following circumstances:

(1)

The buffer in which the temporary stockpile is to occur is nonwooded, defined as having no mature trees.

(2)

The stockpile should not be visible from a Community Character Corridor or Community Character Area, unless the soil stockpiling is needed for approved berming in that buffer.

(3)

Stockpiles shall not exceed 35 feet in height.

(4)

Stockpiles shall be temporary, with a time limit of six months.

(5)

Once the use of the temporary soil stockpiles is completed, the ground must be adequately prepared for planting and revegetated in a manner that meets or exceeds the amount and quality of vegetation on the site previously.

(f)

Limitations on stormwater management facilities within buffers. Wet ponds, dry detention basins, and other structural BMPs shall not generally be permitted in the buffers, except that the planning commission may approve them under the following circumstances:

(1)

The need is necessitated by site conditions rather than economic factors; and

(2)

The screening/buffering effect of the buffer has been retained by the design of the BMP and any degradation has been mitigated with additional plantings or berms as necessary.

(g)

Improvements allowed within buffers. An entrance road, community and directional signage, bicycle and/or pedestrian paths, and utility connections and drainage improvements shall be permitted within the buffer with approval of the planning commission. Permitted utilities and constructed drainage conveyance systems shall cross the buffer at or near a perpendicular angle to the property line, with clearing kept to a minimum necessary to accommodate the utilities, except that minor improvements to natural drainage channels may be permitted at different angle to the property line upon the recommendation of the environmental director and the approval of the planning commission.

(h)

Roads within buffers. Entrance roads through these buffers shall be built to the narrowest cross-section possible. Roads and open space shall be located and designed in a manner that minimizes views of structures within the development from the adjoining primary or secondary road as determined by the planning commission.

(Ord. No. 31A-202, 12-21-99)

The Limited Business District, LB, is intended to provide opportunities for a limited range of office, retail and service establishments of small to moderate size, with well-landscaped parking areas and an appropriate amount of perimeter and right-of-way landscape buffering when located adjacent to residentially zoned or Comprehensive Plan Land Use Map designated residential or agricultural property. The district is characterized by the absence of nuisance factors such as constant heavy trucking and excessive noise, dust, light and odor. This classification is appropriate where proximity to residential areas, existing land uses, traffic patterns and other factors make it desirable to maintain a commercial character which is less intense than permitted in the General Business District, B-1. To enhance the character of the district and to improve its compatibility with low-density surroundings, limitations on building height and size are imposed, and special requirements are imposed on areas designated Neighborhood Commercial or Low-Density Residential on the Comprehensive Plan.

(Ord. No. 31A-88, § 20-LB.1, 4-8-85; Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

Reference Section 24-11 for special use permit requirements for certain commercial uses and exemptions.

In the Limited Business District, LB, all buildings or structures to be erected or land to be used shall be for one or more of the following uses:

(Ord. No. 31A-88, § 20-LB.2, 4-8-85; Ord. No. 31A-95, 4-7-86; Ord. No. 31A-121, 5-21-90; Ord. No. 31A-143, 5-4-92; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-174, 1-28-97; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-187, 3-23-99; Ord. No. 31A-244, 2-9-10; Ord. No. 31A-261, 1-10-12; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-320, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-354, 12-14-21; Ord. No. 31A-359, 5-9-23; Ord. No. 31A-363, 7-8-25)

The Comprehensive Plan defines Neighborhood Commercial areas as limited business activity areas located within the primary service area, serving residents of the surrounding neighborhoods in the immediate area, and having only a limited impact on nearby development. Neighborhood Commercial development shall be compatible with surrounding development in terms of scale, building design, materials and color. The Comprehensive Plan specifies that within Low-Density Residential areas, non-residential uses should not alter, but rather, complement the residential character of the low-density residential area in which they are located. For non-residential uses in Low-Density Residential areas, measures shall be provided to protect nearby residential uses and the character of the surrounding area. The requirements of this section shall apply to areas within the Limited Business District, LB, that are designated Neighborhood Commercial or Low-Density Residential on the Comprehensive Plan as determined by the planning director.

(a)

Permitted uses. For areas within the Limited Business District, LB, that are designated Neighborhood Commercial or Low-Density Residential on the Comprehensive Plan, buildings to be erected or land to be used shall be for one or more of the uses as permitted in section 24-368.

(b)

Uses permitted with a special use permit only. For areas within the Limited Business District, LB, that are designated Neighborhood Commercial or Low-Density Residential on the Comprehensive Plan, buildings to be erected or land to be used shall be for one or more of the uses permitted in section 24-368 only after the issuance of a special use permit by the board of supervisors. A special use permit application shall demonstrate to the planning director substantial conformance to the county's Neighborhood Commercial Development Standards policy.

(c)

Design standards. Development within areas designated Neighborhood Commercial or Low-Density Residential on the Comprehensive Plan shall demonstrate to the planning director substantial consistency with the following provisions:

(1)

Large work area doors or open bays shall be screened from external roadways by fencing or landscaping or oriented on the sides or rear of the proposed building.

(2)

Heating, ventilating and air conditioning equipment, duct work, air compressors, and other fixed operating machinery shall be screened from adjoining property and the street right-of-way with fencing, landscaping, parapet walls or other types of roof top screens up to four feet above the roof line, if such equipment is located upon the roof. Large trash receptacles, dumpsters, utility meters, above ground tanks, satellite dishes, antennas, etc. shall be similarly screened.

(3)

If used, fences in front of buildings on the site shall be decorative in appearance, as determined by the planning director, and shall be landscaped in accordance with article II, division 4.

(4)

Signs shall generally have no more than three colors. Generally, pastel colors shall not be used. Free-standing signs shall be of a ground-mounted monument type and shall not be larger than 32 square feet, not erected to a height greater than eight feet and shall employ ground mounted lighting concealed by landscaping in accordance with article II, division 4.

(5)

Site landscaping, in accordance with article II, division 4, shall be reviewed and approved by the planning director and shall be consistent with the natural landscape and character of the surrounding properties. A unified landscape design shall be provided, including street trees.

(6)

Compliance with the provisions of this subsection shall be evidenced by the submission to the planning director of a site plan, in accordance with the requirements of section 24-145, site plan submittal requirements.

(d)

Building coverage limits. For areas within the Limited Business District, LB, that are designated Neighborhood Commercial or Low-Density Residential on the Comprehensive Plan, a special use permit issued in accordance with section 24-9 shall be required for any building that exceeds a 5,000 square foot building footprint. A special use permit application shall demonstrate to the planning director substantial conformance to the county's Neighborhood Commercial Development Standards policy.

(e)

Appeals. In the event the planning director disapproves plans submitted under the provisions of this section or recommends conditions or modifications which are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee who shall forward a recommendation to the planning commission.

(Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

No area requirements.

(Ord. No. 31A-88, § 20-LB.4, 4-8-85; Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

Structures shall be located 50 feet or more from any street right-of-way which is 50 feet or greater in width. Where the street right-of-way is less than 50 feet in width, structures shall be located 75 feet or more from the centerline of the street.

Setbacks may be reduced to 25 feet from any street right-of-way which is 50 feet or greater in width or 50 feet from the centerline of the street where the street right-of-way is less than 50 feet in width with approval of the planning director. In the event the planning director disapproves plans of this section or recommends conditions or modifications which are unacceptable to the applicant, the applicant may appeal the decision to the development review committee who shall forward a recommendation to the planning commission.

A site shall not be considered for a setback reduction if it is located on a planned road that is designated for widening improvements. A planned road includes any road or similar transportation facility as designated on the Comprehensive Plan, Six-Year Primary or Secondary Road Plan, Peninsula Area Transportation Plan or any road plan adopted by the board of supervisors. The planning director will consider a setback reduction only if the setback reduction will achieve results which clearly satisfy the overall purposes and intent of section 24-86 (Landscaping and Tree Preservation Requirements); if the setbacks do not negatively impact adjacent property owners; and if one or more of the following criteria are met:

(a)

The site is located on a Community Character Corridor or is designated a Community Character Area on the Comprehensive Plan Land Use Map, and proposed setbacks will better complement the design standards of the Community Character Corridor.

(b)

The adjacent properties have setbacks that are non-conforming with this section, and the proposed setbacks will better complement the established setbacks of adjacent properties, where such setbacks help achieve the goals and objectives of the Comprehensive Plan.

(c)

The applicant has offered extraordinary site design which better meets the Development Standards of the Comprehensive Plan.

Appeals. In the event the planning director disapproves plans of this section or recommends conditions or modifications which are unacceptable to the applicant, the applicant may appeal the decision to the development review committee who shall forward a recommendation to the planning commission.

(Ord. No. 31A-88, § 20-LB.5, 4-8-85; Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

(a)

The minimum side yard shall be 20 feet for each main structure. The minimum rear yard shall be 20 feet.

(b)

All accessory structures shall be located at least ten feet from any side lot line.

(c)

The minimum side yard shall be increased to 35 feet if the side yard adjoins property in a residential district or an agricultural district that is designated for residential use, on the Comprehensive Plan. The minimum rear yard shall be increased to 35 feet if the rear yard adjoins property in a residential district or an agricultural district that is designated for residential use on the Comprehensive Plan. The minimum side yard shall be increased to 50 feet if the property is designated Neighborhood Commercial or Low-Density Residential on the Comprehensive Plan and the side yard adjoins property in a residential district or an agricultural district that is designated for residential use on the Comprehensive Plan. The minimum rear yard shall be increased to 50 feet if the property is designated Neighborhood Commercial or Low-Density Residential on the Comprehensive Plan and the rear yard adjoins property in a residential district or an agricultural district that is designated for residential use on the Comprehensive Plan. The minimum side and rear yards for any section of a structure in excess of 35 feet in height shall be increased one foot for each two feet of height in excess of 35 feet.

(Ord. No. 31A-88, § 20-LB.6, 4-8-85; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

The following may be eligible for a waiver from any part of section 24-372:

The subdivision of commercial property on which commercial units for sale, for sale in condominium, or for lease are:

(a)

Constructed as part of a multiunit structure in which the units share common walls, or as part of a multiple-structure commercial development; and

(b)

The entire development has been planned and designed as a comprehensive coordinated unit under a single master plan which has been legislatively approved by the board of supervisors.

In these instances, the planning director may grant, at his discretion, a waiver from any part of section 24-372 upon finding:

(1)

The overall complex or structure, if considered as a single unit, meets all of the requirements of section 24-372; and

(2)

Adequate parking is provided as per the requirements of this chapter, and where determined necessary by the planning commission, adequate easements or other agreements are recorded to guarantee access and maintenance of the parking areas and other common areas; and

(3)

Adequate provisions are made to assure compliance with article II, division 3 of this chapter, and where determined necessary by the planning commission, adequate easements or agreements are recorded to allow grouping of signs on one standard, placement of signs in common areas or other appropriate arrangements made necessary because of the reduced yard area of the individual units; and

(4)

The complex or structure is adequately designed and serviced from the standpoint of safety, and the county fire chief certifies that the fire safety equipment to be installed is adequately designed and the county building official certifies the complex is designed to conform to the BOCA Code, so as to offer adequate protection to life and property.

Appeals. In the event the planning director disapproves plans of this section or recommends conditions or modifications which are unacceptable to the applicant, the applicant may appeal the decision to the development review committee who shall forward a recommendation to the planning commission.

(Ord. No. 31A-88, § 20-LB.7, 4-8-85; Ord. No. 31A-89, 9-9-85; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

(a)

Structures may be erected up to 35 feet in height from grade to the top of the structure, including all penthouse, electrical, plumbing, elevator, water tank or other accessory functions which are part of or on top of the structure. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(b)

Church spires, belfries, cupolas, athletic field lighting, chimneys, flues, monuments and flagpoles may be erected to a total height of 60 feet from grade. Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver for these structures to exceed 60 feet in height but not to exceed 100 feet, from grade to the top of the structure upon finding that:

(1)

Such structure will not obstruct light to adjacent property;

(2)

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

(3)

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

(4)

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

(5)

Such structure will not be contrary to the public health, safety and general welfare.

(c)

All accessory structures shall be lower in height than the main structure.

(d)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-LB.9, 4-8-85; Ord. No. 31A-143, 5-4-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-187, 3-23-99; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-261, 1-10-12; Ord. No. 31A-320, 11-8-16)

Building coverage shall not exceed 30 percent of the total lot area. The floor area ratio shall not exceed 40 percent of the total lot area.

(Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

To assure an appearance and condition which is consistent with the purposes of the Limited Business District, LB, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-88, § 20-LB.10, 4-8-85; Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

The outdoor storage of materials, supplies and goods for sale shall be prohibited in the Limited Business District, LB.

(Ord. No. 31A-88, § 20-LB.11, 4-8-85; Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

All buildings or groups of buildings erected, altered or restored within the district shall be subject to site plan review in accordance with article III of this chapter.

(Ord. No. 31A-88, § 20-LB.12, 4-8-85; Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

Sidewalks shall be required for all projects requiring site plan review in accordance with section 24-35.

(Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

To assure an appearance and condition which is consistent with the purposes of the Limited Business District, LB, landscaping on the properties within the district shall comply with article II, division 4 of this chapter.

(Ord. No. 31A-187, 3-23-99; Ord. No. 31A-261, 1-10-12)

Generally, the General Business District, B-1, covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy truck traffic other than stocking and delivery of light retail goods or by any factors other than occasioned by incidental light and noise commonly associated with the congregation of people and passenger vehicles.

(Ord. No. 31A-88, § 20-81, 4-8-85; Ord. No. 31A-262, 1-10-12)

Reference section 24-11 for special use permit requirements for certain commercial uses and exemptions.

In the General Business District, B-1, structures to be erected or land to be used, shall be for one or more of the following uses:

(Ord. No. 31A-88, § 20-82, 4-8-85; Ord. No. 31A-96, 4-7-86; Ord. No. 31A-102, 6-1-87; Ord. No. 31A-121, 5-21-90; Ord. No. 31A-143, 5-4-92; Ord. No. 31A -145, 7-6-92; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-174, 1-28-97; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-180, 9-8-98; Ord. No. 31A-236, 8-12-08; Ord. No. 31A-244, 2-9-10; Ord. No. 31A-262, 1-10-12; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-298, 6-9-15; Ord. No. 31A-321, 11-8-16; Ord. No. 31A-332, 12-13-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-354, 12-14-21; Ord. No. 31A-359, 5-9-23; Ord. No. 31A-363, 7-8-25)

No area requirements.

(Ord. No. 31A-88, § 20-83, 4-8-85; Ord. No. 31A-262, 1-10-12)

Structures shall be located 50 feet or more from any street right-of-way which is 50 feet or greater in width. Where the street right-of-way is less than 50 feet in width, structures shall be located 75 feet or more from the centerline of the street.

(1)

Setbacks may be reduced to 25 feet from any street right-of-way which is 50 feet or greater in width or 50 feet from the centerline of the street where the street right-of-way is less than 50 feet in width with approval of the planning director.

A site shall not be considered for a setback reduction if it is located on a planned road that is designated for widening improvements. A planned road includes any road or similar transportation facility as designated on the Comprehensive Plan, Six-Year Primary or Secondary Road Plan, Peninsula Area Transportation Plan or any road plan adopted by the board of supervisors. The planning director will consider a setback reduction only if the setback reduction will achieve results which clearly satisfy the overall purposes and intent of article II, division 4 of this chapter (Landscaping and Tree Preservation Requirements); if the setbacks do not negatively impact adjacent property owners; and if one or more of the following criteria are met:

(a)

The site is located on a Community Character Corridor or is designated a Community Character Area on the Comprehensive Plan Land Use Map, and proposed setbacks will better complement the design standards of the Community Character Corridor.

(b)

The adjacent properties have setbacks that are non-conforming with this section, and the proposed setbacks will better complement the established setbacks of adjacent properties, where such setbacks help achieve the goals and objectives of the Comprehensive Plan.

(c)

The applicant has offered site design which meets or exceeds the Development Standards of the Comprehensive Plan.

(2)

In areas where the board of supervisors has adopted specific design guidelines that call for reduction of setbacks in excess of those permitted in sub-section (1), the planning director can approve reductions upon finding substantial conformance with recommendations from the guidelines and compliance with the criteria from sub-section (1) above.

(3)

Appeals. In the event the planning director disapproves plans submitted under the provisions of this section or recommends conditions or modifications which are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee who shall forward a recommendation to the planning commission.

(Ord. No. 31A-88, § 20-84, 4-8-85; Ord. No. 31A-180, 9-8-98; Ord. No. 31A-241, 6-9-09; Ord. No. 31A-262, 1-10-12; Ord. No. 31A-291, 8-13-13)

(a)

Buildings shall be located 20 feet or more from side or rear property lines. However, the minimum side yard shall be 50 feet if the side yard adjoins property in a residential district or an agricultural district that is designated for residential use on the Comprehensive Plan. The minimum rear yard shall be 50 feet if the rear yard adjoins property in a residential district or an agricultural district that is designated for residential use on the Comprehensive Plan. The minimum side and rear yards shall be increased an additional one foot for each one foot of building height in excess of 35 feet.

(b)

All accessory structures shall be located at least ten feet from any side or rear lot line.

(Ord. No. 31A-88, § 20-84.1, 4-8-85; Ord. No. 31A-100, 4-6-87; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-180, 9-8-98; Ord. No. 31A-262, 1-10-12)

The following may be eligible for a waiver from any part of section 24-393:

The subdivision of commercial property on which commercial units for sale, for sale in condominium, or for lease are both:

(a)

Constructed as part of a multiunit structure in which the units share common walls, or as part of a multiple-structure commercial development; and

(b)

The entire development has been planned and designed as a comprehensive coordinated unit under a single master plan which has been legislatively approved by the board of supervisors.

In these instances, the planning director may grant, at his discretion, a waiver from any part of section 24-393 upon finding:

(1)

The overall complex or structure, if considered as a single unit, meets all of the requirements of section 24-393;

(2)

Adequate parking is provided as per the requirements of this chapter and, where determined necessary by the planning commission, adequate easements or other agreements are recorded to guarantee access and maintenance of the parking areas and other common areas;

(3)

Adequate provisions are made to assure compliance with article II, division 3 of this chapter and, where determined necessary by the planning commission, adequate easements, or agreements are recorded to allow grouping of signs on one standard, placement of signs in common areas or other appropriate arrangements made necessary because of the reduced yard area of the individual units; and

(4)

The complex or structure is adequately designed and serviced from the standpoint of safety, and that the county fire chief certifies that the fire safety equipment to be installed is adequately designed and the county building official certifies the complex is designed to conform to the BOCA Code, so as to offer adequate protection to life and property.

(5)

Appeals. In the event the planning director disapproves plans submitted under the provisions of this section or recommends conditions or modifications which are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee who shall forward a recommendation to the planning commission.

(Ord. No. 31A-88, § 20-84.2, 4-8-85; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-180, 9-8-98; Ord. No. 31A-262, 1-10-12)

Structures may be erected up to 60 feet in height from grade to the top of the structure, including all church spires, belfries, cupolas, athletic field lighting, monuments, flagpoles, penthouse, electrical, plumbing, elevator, water tank or other accessory functions which are part of or on top of the structure, in accord with the following criteria:

(1)

A structure in excess of 60 feet in height but not in excess of 100 feet from grade to the top of the structure, including all church spires, belfries, cupolas, athletic field lighting, monuments, flagpoles, penthouse, electrical, plumbing, elevator, water tank or other accessory functions which are part of or on top of the structure may be erected only upon the granting of a height limitation waiver by the board of supervisors. Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver upon finding that:

a.

The regulations of section 24-397 regarding building coverage, floor area ratio and open space are met;

b.

Such structure will not obstruct light from adjacent property;

c.

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

d.

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

e.

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

f.

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

(2)

Parapet walls may be up to four feet above the height of the building on which the walls rest.

(3)

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

(4)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-86, 4-8-85; Ord. No. 31A-89, 9-9-85; Ord. No. 31A-143, 5-4-92; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-180, 9-8-98; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-262, 1-10-12; Ord. No. 31A-321, 11-8-16)

Building coverage shall not exceed 30 percent of the total lot area and the floor area ratio shall not exceed 60 percent.

(Ord. No. 31A-180, 9-8-98; Ord. No. 31A-262, 1-10-12)

(a)

To assure an appearance and condition which is consistent with the purposes of the General Business District, B-1, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(b)

Off-street parking and off-street loading shall be provided as required in article II, division 2 of this chapter.

(Ord. No. 31A-88, § 20-86.1, 4-8-85; Ord. No. 31A-180, 9-8-98; Ord. No. 31A-262, 1-10-12; Ord. No. 31A-291, 8-13-13)

All buildings or complexes of buildings erected, altered or restored within the district shall be subject to site plan review in accordance with article III of this chapter.

(Ord. No. 31A-88, § 204-86.3, 4-8-85; Ord. No. 31A-180, 9-8-98; Ord. No. 31A-262, 1-10-12; Ord. No. 31A-291, 8-13-13)

Sidewalks shall be required for all projects requiring site plan review in accordance with section 24-35.

(Ord. No. 31A-180, 9-8-98; Ord. No. 31A-262, 1-10-12)

To assure an appearance and condition which is consistent with the purposes of the General Business District, B-1, landscaping on the properties within the district shall comply with article II, division 4 of this chapter.

(Ord. No. 31A-180, 9-8-98; Ord. No. 31A-262, 1-10-12)

The primary purpose of the Limited Business/Industrial District, M-1, is to establish an area where the principal use of land is for limited business/industrial operations which are not ordinarily compatible with adjacent residential development. The specific intent of this district is to accomplish the following:

(1)

Encourage the use of land for limited business and industrial purposes;

(2)

Prohibit residential developments on land reserved for limited business and industrial uses;

(3)

Permit certain commercial and office uses in a manner which is compatible with limited business and industrial uses; and

(4)

Establish minimum requirements to protect the health, safety and welfare of the citizens of James City County from the effects or impacts commonly associated with the development of limited business and industrial uses.

(Ord. No. 31A-88, § 20-87, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-263, 1-10-12)

Reference section 24-11 for special use permit requirements for certain commercial uses and exemptions.

In the Limited Business/Industrial District, M-1, buildings to be erected or land to be used shall be for one or more of the following or similar uses:

(Ord. No. 31A-88, § 20-88, 4-8-85; Ord. No. 31A-110, 9-12-88; Ord. No. 31A-128, 12-3-90; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-146, 8-3-92; Ord. No. 31A-150, 4-5-93; Ord. No. 31A-152, 8-16-93; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-177, 8-18-98; Ord. No. 31A-208, 8-13-02; Ord. No. 31A-214, 8-10-04; Ord. No. 31A-236, 8-12-08; Ord. No. 31A-263, 1-10-12; Ord. No. 31A-287, 4-9-13; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-298, 6-9-15; Ord. No. 31A-322, 11-8-16; Ord. No. 31A-323, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-354, 12-14-21; Ord. No. 31A-359, 5-9-23; Ord. No. 31A-363, 7-8-25; Ord. No. 31A-364, 9-9-25)

Any commercial or industrial operation or storage conducted in whole or in part out-of-doors shall meet the requirements of section 24-98(c).

(Ord. No. 31A-144, 6-1-92; Ord. No. 31A-263, 1-10-12)

(a)

Minimum lot size shall be 10,000 square feet.

(b)

Minimum width of lots shall be 75 feet at the setback line.

(Ord. No. 31A-88, §§ 20-89, 204-89.1, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-263, 1-10-12)

(a)

Structures shall be located 50 feet or more from any street right-of-way which is 50 feet or greater in width. Where the street right-of-way is less than 50 feet in width, structures shall be located 75 feet or more from the center line of the street. The minimum setback of any portion of a structure which is in excess of 35 feet in height shall be increased one foot for each two feet of the structure's height in excess of 35 feet.

(b)

The minimum setback shall also be increased to a minimum of 75 feet from any street with a right-of-way 50 feet or greater in width and 100 feet from any street with a right-of-way of less than 50 feet of width when the property immediately across the street is zoned residential. The minimum setback of any portion of a structure across the street from property zoned residential which is in excess of 35 feet in height shall be increased one foot for each two feet of the structure's height in excess of 35 feet.

(c)

Setbacks for commercial uses may be reduced to 25 feet from any street right-of-way which is 50 feet or greater in width or 50 feet from the centerline of the street where the street right-of-way is less than 50 feet in width with approval of the planning director.

A site shall not be considered for a setback reduction if it is located on a planned road that is designated for widening improvements. A planned road includes any road or similar transportation facility as designated on the Comprehensive Plan, Six-Year Primary or Secondary Road Plan, Peninsula Area Transportation Plan or any road plan adopted by the board of supervisors. The planning director will consider a setback reduction only if the setback reduction will achieve results which clearly satisfy the overall purposes and intent of section 24-86 (Landscaping and Tree Preservation Requirements); if the setbacks do not negatively impact adjacent property owners; and if one or more of the following criteria are met:

(1)

The site is located on a Community Character Corridor or is designated a Community Character Area on the Comprehensive Plan Land Use Map, and proposed setbacks will better complement the design standards of the Community Character Corridor.

(2)

The adjacent properties have setbacks that are non-conforming with this section, and the proposed setbacks will better complement the established setbacks of adjacent properties, where such setbacks help achieve the goals and objectives of the Comprehensive Plan.

(3)

The applicant has offered site design which meets or exceeds the Development Standards of the Comprehensive Plan.

(d)

In areas where the board of supervisors has adopted specific design guidelines that call for reduction of setbacks in excess of those permitted in subsection (c), the planning director can approve reductions upon finding substantial conformance with recommendations from the guidelines and compliance with the criteria from subsection (c) above.

(e)

Appeals. In the event the planning director disapproves plans submitted under the provisions of this section or recommends conditions or modifications which are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee who shall forward a recommendation to the planning commission.

(Ord. No. 31A-88, § 20-90, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-241, 6-9-09; Ord. No. 31A-263, 1-10-12)

(a)

Structures shall be located 20 feet or more from side or rear property lines. The side and rear yards for any section of a structure in excess of 35 feet in height shall be increased one foot for each two feet of height in excess of 35 feet.

(b)

The minimum side yard shall be increased to 75 feet if the side yard adjoins property in a residential district, or an agricultural district that is designated for residential use on the Comprehensive Plan. The minimum rear yard shall be increased to 75 feet if the rear yard adjoins property in a residential district or an agricultural district that is designated for residential use on the Comprehensive Plan. The minimum side and rear yards for any section of a structure in excess of 35 feet in height shall be increased one foot for each two feet of height in excess of 35 feet.

(c)

Accessory structures may be located within the required side or rear yards upon approval of the planning director; provided, however, that no structure shall be located within ten feet of any property line.

(d)

Appeals. In the event the planning director disapproves plans submitted under the provisions of this section or recommends conditions or modifications which are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee who shall forward a recommendation to the planning commission.

(Ord. No. 31A-88, § 20-90.1, 4-8-85; Ord. No. 31A-100, 4-6-87; Ord. No. 31A-112, 2-6-89; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-177, 8-18-98; Ord. No. 31A-263, 1-10-12)

The following may be eligible for a waiver from any part of section 24-413 through 24-415:

The subdivision of business/industrial property on which business and industrial units for sale, for sale in condominium, or for lease are both:

(a)

Constructed as part of a multiunit structure in which the units share common walls or as part of a multiple-structure commercial development; and

(b)

The entire development has been planned and designed as a comprehensive coordinated unit under a single master plan which has been legislatively approved by the board of supervisors.

In these instances, the planning director may grant, at his discretion, a waiver from any part of section 24-413 through 24-415 upon finding:

(1)

The overall complex or structure, if considered as a single unit, meets all of the requirements of section 24-413 through 24-415;

(2)

Adequate parking is provided as per the requirements of this chapter. The planning director also may require recordation of adequate easements or other agreements to guarantee access and maintenance of the parking areas and other common areas;

(3)

Adequate provisions are made to assure compliance with the requirements of this chapter with regards to signs. The planning commission also may require the recordation of adequate easements or agreements to allow grouping of signs on one standard sign, placement of signs in common areas or other appropriate arrangements made necessary as a result of the reduced frontage or yard area of the individual units; and

(4)

The complex or structure is adequately designed and serviced from the standpoint of safety. The county fire chief finds that the fire safety equipment to be installed is adequately designed, and the county building official finds that the complex is designed to conform to the Uniform Statewide Building Code, so as to offer adequate protection to life and property.

(5)

Appeals. In the event the planning director disapproves plans submitted under the provisions of this section or recommends conditions or modifications which are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee who shall forward a recommendation to the planning commission.

(Ord. No. 31A-88, § 20-90.3, 4-8-85; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-177, 8-18-98; Ord. No. 31A-263, 1-10-12)

(a)

Structures may be erected up to 60 feet in height from grade to the top of the structure. Structures in excess of 60 feet in height from grade to the top of the structure may be erected only upon the granting of a height limitation waiver by the board of supervisors.

(b)

Water towers, church spires, belfries, cupolas, monuments, chimneys, flues, flagpoles, mechanical penthouse, electrical, plumbing, elevator, parapet walls or other accessory mechanical functions which are part of or on top of a main structure shall be considered part of the structure.

(c)

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

(1)

Additional setbacks have been provided as required by section 24-414 and section 24-415; however, the board of supervisors may waive additional setbacks in excess of 60 feet;

(2)

Such structure will not obstruct light from adjacent property;

(3)

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

(4)

Such structure will not impair property values in the area;

(5)

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

(6)

Such structure will not be contrary to the public health, safety and general welfare.

(d)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-91, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-263, 1-10-12; Ord. No. 31A-323, 11-8-16)

(a)

To assure an appearance and condition which is consistent with the purposes of the Limited Business/Industrial District, M-1, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(b)

Off-street parking and off-street loading shall be provided as required in article II, division 2 of this chapter.

(Ord. No. 31A-88, § 20-93, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-263, 1-10-12; Ord. No. 31A-291, 8-13-13)

(a)

Unless otherwise specified in this district, all development in the Limited Business/Industrial District, M-1, shall be served by public water and sewer.

(b)

The location of all utilities and utility easements shall be shown on the site plans and be approved as per article III, Site Plan, of this chapter.

(Ord. No. 31A-88, § 20-92, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-156, 5-16-94; Ord. No. 31A-263, 1-10-12)

All structures or complexes of structures erected, altered or restored within the district shall be subject to Site Plan Review in accordance with article III of this chapter.

(Ord. No. 31A-88, § 20-94, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-263, 1-10-12)

To assure an appearance and condition which is consistent with the purposes of the Limited Business/Industrial District, M-1, landscaping on the properties within the district shall comply with article II, division 4 of this chapter.

(Ord. No. 31A-263, 1-10-12)

The primary purpose of the General Industrial District, M-2, is to establish an area where the principal use of land is for industrial operations which are not compatible with residential or commercial service establishments. The specific intent of this district is to accomplish the following:

(1)

Encourage the use of land for industrial purposes;

(2)

Prohibit residential and commercial service developments on land reserved for industrial uses; and

(3)

Establish minimum requirements to protect the health, safety and welfare of the citizens of James City County from the effects of the development of industrial uses.

(Ord. No. 31A-88, § 20-95, 4-8-85; Ord. No. 31A-144, 6-1-92)

Reference section 24-11 for special use permit requirements for certain commercial uses and exemptions.

In the General Industrial District, M-2, buildings to be erected or land to be used shall be for one or more of the following or similar uses:

(Ord. No. 31A-88, § 20-96, 4-8-85; Ord. No. 31A-110, 9-12-88; Ord. No. 31A-128, 12-3-90; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-146, 8-3-92; Ord. No. 31A-150, 4-5-93; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-177, 8-18-98; Ord. No. 31A-214, 8-10-04; Ord. No. 31A-229, 9-25-07; Ord. No. 31A-236, 8-12-08; Ord. No. 31A-264, 1-10-12; Ord. No. 31A-287, 4-9-13; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-324, 11-8-16; Ord. No. 31A-353, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-354, 12-14-21; Ord. No. 31A-364, 9-9-25)

Any commercial or industrial operation or storage conducted in whole or in part out-of-doors, shall meet the requirements of section 24-98(c) of this chapter.

(Ord. No. 31A-144, 6-1-92; Ord. No. 31A-264, 1-10-12)

(a)

Minimum lot size shall be 10,000 square feet.

(b)

Minimum width of lots shall be 75 feet at the setback line.

(No. 31A-88, §§ 20-97, 20-98, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-264, 1-10-12)

(a)

Structures shall be located 50 feet or more from any street right-of-way which is 50 feet or greater in width. Where the street right-of-way is less than 50 feet in width, structures shall be located 75 feet or more from the center line of the street. The minimum setback of any portion of a structure which is in excess of 35 feet in height shall be increased one foot for each three feet of the structure's height in excess of 35 feet.

(b)

The minimum setback shall also be increased to a minimum of 75 feet from any street with a right-of-way 50 feet or greater in width and 100 feet from any street with a right-of-way of less than 50 feet of width when the property immediately across the street is zoned residential. The minimum setback of any portion of a structure across the street from property zoned residential which is in excess of 35 feet in height shall be increased one foot for each two feet of the structure's height in excess of 35 feet.

(Ord. No. 31A-88, § 20-98.1, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-264, 1-10-12)

(a)

Structures shall be located 20 feet or more from side or rear property lines. The side and rear yards for any section of a structure in excess of 35 feet in height shall be increased one foot for each three feet of height in excess of 35 feet.

(b)

The minimum side yard shall be increased to 75 feet if the side yard adjoins property in a residential district, or an agricultural district that is designated for residential use on the Comprehensive Plan. The minimum rear yard shall be increased to 75 feet if the rear yard adjoins property in a residential district or an agricultural district that is designated for residential use on the Comprehensive Plan. The minimum side and rear yards for any section of a structure in excess of 35 feet in height shall be increased one foot for each two feet of height in excess of 35 feet.

(c)

Accessory structures may be located within the required side or rear yards upon approval of the planning director; provided, however, that no structure shall be located within ten feet of any property line.

(Ord. No. 31A-88, § 20-98.2, 4-8-85; Ord. No. 31A-100, 4-6-87; Ord. No. 31A-112, 2-6-89; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-177, 8-18-98; Ord. No. 31A-264, 1-10-12)

The following may be eligible for a waiver from any part of section 24-438 through 24-440:

The subdivision of business/industrial property on which business and industrial units for sale, for sale in condominium or for lease are both:

(a)

Constructed as part of a multiunit structure in which the units share common walls or as part of a multiple-structure commercial development; and

(b)

The entire development has been planned and designed as a comprehensive coordinated unit under a single master plan.

In these instances, the planning director may grant, at his discretion, a waiver from any part of section 24-438 through 24-440 upon finding:

(1)

The overall complex or structure, if considered as a single unit, meets all of the requirements of sections 24-438 through 24-440;

(2)

Adequate parking is provided as per the requirements of this chapter. The planning director also may require recordation of adequate easements or other agreements to guarantee access and maintenance of the parking areas and other common areas;

(3)

Adequate provisions are made to assure compliance with the requirements of this chapter with regards to signs. The planning director also may require the recordation of adequate easements or agreements to allow grouping of signs on one standard sign, placement of signs in common areas or other appropriate arrangements made necessary as a result of the reduced frontage or yard area of the individual units; and

(4)

The complex or structure is adequately designed and serviced from the standpoint of safety. The county fire chief finds that the fire safety equipment to be installed is adequately designed, and the county building official finds that the complex is designed to conform to the Uniform Statewide Building Code, so as to offer adequate protection to life and property.

(5)

Appeals. In the event the planning director disapproves plans submitted under the provisions of this section or recommends conditions or modifications which are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee who shall forward a recommendation to the planning commission.

(Ord. No. 31A-88, § 20-98.4, 4-8-85; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-177, 8-18-98; Ord. No. 31A-264, 1-10-12)

(a)

Structures may be erected up to 60 feet in height from grade to the top of the structure. Structures in excess of 60 feet in height from grade to the top of the structure may be erected only upon the granting of a height limitation waiver by the board of supervisors.

(b)

Water towers, chimneys, flues, flagpoles, mechanical penthouse, electrical, plumbing, elevator, parapet walls or other accessory mechanical functions which are part of or on top of a main structure shall be considered part of the structure.

(c)

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

(1)

Additional setbacks have been provided as required by section 24-439 and section 24-440; however, the board of supervisors may waive additional setbacks in excess of 60 feet;

(2)

Such structure will not obstruct light from adjacent property;

(3)

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

(4)

Such structure will not impair property values in the area;

(5)

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

(6)

Such structure will not be contrary to the public health, safety and general welfare.

(d)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-99, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-264, 1-10-12; Ord. No. 31A-324, 11-8-16)

(a)

To assure an appearance and condition which is consistent with the purposes of the General Industrial District, M-2, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(b)

Off-street parking and off-street loading shall be provided as required in article II, division 2 of this chapter.

(Ord. No. 31A-88, § 20-100, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-264, 1-10-12; Ord. No. 31A-291, 8-13-13)

All development in the General Industrial District, M-2, shall be served by public water and sewer unless this requirement is waived in accordance with section 24-447. The location of all utilities and utility easements shall be shown on the site plans and be approved as per article III, Site Plan, of this chapter.

(Ord. No. 31A-88, § 20-100.1, 4-8-85; Ord. No. 31A-111, 1-9-89; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-264, 1-10-12)

(a)

The board of supervisors may waive the public water and sewer service requirement specified by section 24-446 upon finding:

(1)

The development is located in the primary service area as designated by the land use element of the Comprehensive Plan;

(2)

The development is located in an area not planned for extension of public water or sewer service as part of the adopted master water or sewer plan; and

(3)

The development causes no adverse impact on the water resources of the county.

(b)

A condition of such waiver shall be that the development shall connect to public water and sewer at such time that the board of supervisors determines utilities are available.

(c)

The board of supervisors may attach additional conditions to any such waiver.

(Ord. No. 31A-111, 1-9-89; Ord. No. 31A-264, 1-10-12)

All structures or complexes of structures erected, altered or restored within the district shall be subject to Site Plan Review in accordance with article III of this chapter.

(Ord. No. 31A-88, § 20-101, 4-8-85; Ord. No. 31A-144, 6-1-92; Ord. No. 31A-264, 1-10-12)

To assure an appearance and condition which is consistent with the purposes of the General Industrial District, M-2, landscaping on the properties within the district shall comply with article II, division 4 of this chapter.

(Ord. No. 31A-264, 1-10-12)

The primary purpose of the Research and Technology District, RT, is to establish an area where the principal use of land is for research and technology operations which are not ordinarily compatible with residential and retail business development. The specific intent of this district is to accomplish the following:

(1)

Encourage the use of land for research and technology purposes;

(2)

Encourage large-scale, master-planned developments in a campus or park-like setting;

(3)

Prohibit residential and retail business developments on land reserved for research and technology uses; and

(4)

Establish minimum requirements to protect the health, safety and welfare of the citizens of James City County from the effects of the development of research and technology uses.

(Ord. No. 31A-144, 6-1-92; Ord. No. 31A-181, 9-8-98)

In the Research and Technology District, RT, buildings to be erected or land to be used shall be for one or more of the following or similar uses:

(Ord. No. 31A-144, 6-1-92; Ord. No. 31A-146, 8-3-92; Ord. No. 31A-150, 4-5-93; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-181, 9-8-98; Ord. No. 31A-259, 1-10-12; Ord. No. 31A-285, 12-11-12; Ord. No. 31A-325, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-354, 12-14-21)

Any research or technology operation or storage conducted in whole or in part out-of-doors shall meet the requirements of section 24-98.

(Ord. No. 31A-144, 6-1-92; Ord. No. 31A-181, 9-8-98; Ord. No. 31A-285, 12-11-12)

The applicant shall submit documents in accordance with section 24-23 to the planning director prior to any rezoning or special use permit application consideration by the planning commission.

(Ord. No. 31A-181, 9-8-98; Ord. No. 31A-285, 12-11-12)

(a)

Report of the planning director. The planning director may refer copies of the master plan to other local public officials for their comments, and the planning director shall prepare a report with recommendations regarding the application. A copy of the report shall be sent to the applicant. When all materials necessary for application are complete and the application is deemed ready for planning commission review, the application, master plan, and report of the planning director shall be placed on the agenda of the planning commission at its next regularly scheduled meeting.

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

(1)

Evaluation of the proposed uses at the site in relation to the county's Comprehensive Plan.

(2)

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

(3)

Impact of the proposal on surrounding property and the environment.

(4)

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

(b)

Consideration by the planning commission and board of supervisors. The procedures for public hearing and consideration by the planning commission and board of supervisors shall be as set forth in section 24-13.

(c)

Guarantees. The director of building safety and permits shall not issue any certificate of occupancy until the applicant has guaranteed the completion of public improvements, including, but not limited to, public roads, public water and sewer facilities, shown on the development plan by providing either a letter of credit, certified check, cash escrow, cash payment or other surety, approved by the county attorney.

(Ord. No. 31A-181, 9-8-98; Ord. No. 31A-249, 7-26-11; Ord. No. 31A-285, 12-11-12)

Research and technology districts shall be located on a single parcel of land, or separate but contiguous parcels, which shall total not less than twenty-five acres.

(Ord. No. 31A-181, 9-8-98; Ord. No. 31A-285, 12-11-12)

(a)

Water and sewer. All structures and uses within a research and technology district shall be served by publicly owned and operated water and sewer systems.

(b)

Parking. Off-street parking facilities shall be provided in accordance with the off-street parking requirements of article II, division 2 of this chapter.

(c)

Street. All dedicated public streets shown on the development plan shall meet the design and construction requirements of the Virginia Department of Transportation's standards or the county subdivision ordinance, whichever is more stringent. Such public streets shall be coordinated with the major transportation network shown in the Comprehensive Plan. Private streets may be permitted upon the approval of the board of supervisors in accordance with the provisions of section 24-62.

(d)

Fire hydrants. Fire hydrants shall be at locations and of types approved by the service authority manager and county fire chief.

(e)

Outdoor lighting. Outdoor lighting shall be provided, as required by article II, division 7 of this chapter and the county subdivision ordinance.

(f)

Natural features and amenities. Existing features such as specimen trees, wildlife habitats, watercourses, historical sites, and similar irreplaceable assets shall be preserved to the maximum extent possible.

(g)

Landscaping. All landscaping and tree preservation shall be undertaken in accordance with article II, division 4 of this chapter and Chapter 23 of the county's Chesapeake Bay Preservation ordinance.

(Ord. No. 31A-181, 9-8-98; Ord. No. 31A-249, 7-26-11; Ord. No. 31A-285, 12-11-12)

(a)

Development within the research and technology districts shall provide usable open space area to create a park-like setting. The amount of open space shall be not less than ten percent of the developable area of the site, and where possible shall be continuous open space. Nondevelopable area shall not be counted towards meeting the open space requirement. For the purposes of this article, open space shall not include any landscape area in parking lots or adjacent to structures. The requirements of this section shall supplement the requirements of the county's Chesapeake Bay Preservation ordinance, article II, division 4 of this chapter (Landscaping and tree preservation requirements) and other county requirements relating to open space. For the purposes of this article, open space may include, but is not limited to:

(1)

Perpetual easement(s) of no less than 50 feet in width dedicated to James City County or another group approved by the county adjoining any road designated as a community character corridor on the Comprehensive Plan which shall be left in a natural, undisturbed state.

(2)

Buffer area(s) of no less than 50 feet around a Resources Management Area wetland as measured from the landward edge of the wetland.

(3)

Preservation of any archaeological site, any landmark registered in the Virginia Landmarks Register, the National Register of Historic Places or National Historic Site register.

(4)

Preservation of any developable area onsite that is set aside to meet the county's natural resource policy where preservation of such area is not required by other local, state or federal law.

(5)

Bikeways, bike paths, hiking trails, greenways or other similar amenity, excluding sidewalks.

(6)

Public or private picnic areas, parks, plazas or other gathering areas.

Open space area shall be protected by easements, maintenance agreements and/or other assurances, satisfactory to the county attorney, that set forth the provisions made for the permanent care and maintenance of such property.

(Ord. No. 31A-181, 9-8-98; Ord. No. 31A-285, 12-11-12)

(a)

Required perimeter setback from research and technology districts. For uses permitted in research and technology districts, the following setbacks are required and shall be left in a natural undisturbed state:

(1)

A minimum landscaped setback of 100 feet shall be maintained from the right-of-way of any existing or planned public roads which abut the site; and

(2)

A minimum landscaped setback of 50 feet shall be maintained from all property lines adjoining a different zoning district. Where uses permitted in the research and technology district adjoin an existing residentially zoned district or an A-1 District that is designated low-density residential or rural lands on the Comprehensive Plan, the minimum landscaped setback shall be increased to 100 feet.

(b)

Lesser perimeter setback requirements for research and technology districts; criteria for determination. The planning director may recommend approval of a reduction in the perimeter setback as specified in section 24-468 (a) (2) only if the following criteria are met:

(1)

The proposed setback, by substitution of technique or design, will achieve results which clearly satisfy the overall purposes and intent of the setback requirements of this section and the intent of article II, division 4 of this chapter (Landscaping and tree preservation requirements);

(2)

The proposed setback shall have no additional adverse impact on adjacent properties or public areas;

(3)

The proposed setback will not result in detrimental impacts to the orderly development or character of the area, the environment, sound engineering or planning practice, or the goals, objectives, strategies and policies of the Comprehensive Plan; and

(4)

The setback serves to minimize the visual intrusion and other negative impacts of new development or redevelopment on adjacent development.

(c)

Location of structures. Structures shall be located 50 feet or more from any street right-of-way which is 50 feet or greater in width. Where the street right-of-way is less than 50 feet in width, structures shall be located 75 feet or more from the center line of the street. The minimum setback of any portion of a structure which is in excess of 35 feet in height shall be increased one foot for each two feet of the structure's height in excess of 35 feet.

(d)

Lesser setback requirements for research and technology area internal to research and technology districts; criteria for determination. The planning director may recommend approval of a setback of less than 50 feet as specified in section 24-468 (c) above, for those areas of a research and technology district that are internal to a research and technology district. A setback reduction may be eligible for review by the planning director only if the following criteria are met:

(1)

The proposed setback, by substitution of technique or design, will achieve results which clearly satisfy the overall purposes and intent of the setback requirement of this section and the intent of article II, division 4 of this chapter (Landscaping and tree preservation requirements);

(2)

The proposed setback shall have no additional adverse impact on adjacent properties or public areas; and

(3)

The proposed setback will not result in detrimental impacts to the orderly development or character of the area, the environment, sound engineering or planning practice, or the goals, objectives, strategies and policies of the Comprehensive Plan.

The planning director may recommend approval of a reduction to section 24-468 (c) upon finding that one or more of the following criteria are met:

(i)

The proposed setback meets the intent of the master plan and is in keeping with the overall character of development that encourages open space; or

(ii)

The proposed setback is for the purpose of integrating proposed research and technology development with adjacent development; or

(iii)

The proposed setback substantially preserves, enhances, integrates and complements existing trees and topography; or

(iv)

The proposed setback is due to unusual size, topography, shape or location of the property, or other unusual conditions, excluding the proprietary interests of the developer.

(e)

Requests for modifications. Requests for modifications to the setbacks as specified in sections 24-468 (a) and (c) shall be filed in writing with the planning director and shall identify the reasons for such requests together with the proposed alternative. The planning director shall approve, deny or conditionally approve the request and shall include a written statement certifying that one or more of the above criteria are met. In the event the planning director denies the request or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission.

(f)

No minimum lot size or yard requirements. Except for required setbacks as stated in this section, there shall be no minimum lot size nor minimum side or rear yard requirements for any lot within a research and technology district other than as specified in approved development plans.

(g)

Uses prohibited. Landscape setbacks shall not be used for streets or for parking except for entrances and driveways which may cross the setback at a perpendicular or near perpendicular angle as possible.

(Ord. No. 31A-144, 6-1-92; Ord. No. 31A-181, 9-8-98; Ord. No. 31A-285, 12-11-12)

(a)

Structures may be erected up to 60 feet in height from grade to the top of the structure. Structures in excess of 60 feet in height from grade to the top of the structure may be erected only upon the granting of a height limitation waiver by the board of supervisors.

(b)

Water towers, chimneys, flues, flagpoles, mechanical penthouse, electrical, plumbing, elevator, parapet walls or other accessory mechanical functions which are part of or on top of a main structure, shall be considered part of the structure.

(c)

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

(1)

Additional setbacks have been provided as required by section 24-468(c); however, the board may waive additional setbacks in excess of 60 feet;

(2)

Such structure will not obstruct light from adjacent property;

(3)

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

(4)

Such structures will not impair property values in the area;

(5)

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

(6)

Such structures will not be contrary to the public health, safety and general welfare.

(d)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-144, 6-1-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-181, 9-8-98; Ord. No. 31A-285, 12-11-12; Ord. No. 31A-325, 11-8-16)

To assure an appearance and condition which is consistent with the purposes of the Research and Technology District, RT, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-144, 6-1-92; Ord. No. 31A-181, 9-8-98; Ord. No. 31A-285, 12-11-12)

All structures or complexes of structures erected, altered or restored within the district shall be subject to site plan review in accordance with article III of this chapter.

(Ord. No. 31A-144, 6-1-92; Ord. No. 31A-181, 9-8-98; Ord. No. 31A-285, 12-11-12)

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

(Ord. No. 31A-88, § 20-139, 4-8-85)

Planned unit development districts shall be categorized as either residential (PUD-R) or commercial (PUD-C), and upon approval of the master plan by the board of supervisors, this designation shall be the zoning district of the parcel.

(Ord. No. 31A-88, § 20-140, 4-8-85)

(a)

Required documents. The applicant shall submit documents in accordance with section 24-23 to the planning director prior to any rezoning or special use permit application consideration by the planning commission.

(Ord. No. 31A-88, § 20-141, 4-8-85; Ord. No. 31A-89, 9-9-85; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-193, 5-25-99; Ord. No. 31A-275, 9-11-12)

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

(Ord. No. 31A-275, 9-11-12)

Planned unit development districts shall be located on a single parcel of land or separate but adjacent parcels which are under one ownership or control and which shall total five acres or more.

(Ord. No. 31A-88, § 20-143, 4-8-85; Ord. No. 31A-275, 9-11-12)

(a)

The net density of the planned unit development shall not exceed the maximum density suggested by the Comprehensive Plan and in no case shall exceed four dwelling units per acre. The maximum densities of dwelling units per acre which may be constructed in any area designation are:

(b)

In addition to the base net density standards from section 24-487 (a), a density bonus can be achieved with the provision of options as detailed below. In order to achieve the densities listed below, the developer shall make assurances in a master plan, proffers, or other documents approved by the county attorney for the density bonus items.

(Ord. No. 31A-88, § 20-143.1, 4-8-85; Ord. No. 31A-89, 9-9-85; Ord. No. 31A-102, 6-1-87; Ord. No. 31A-113, 4-3-89; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-275, 9-11-12; Ord. No. 31A-278, 11-27-12; Ord. No. 31A-357, 5-9-23)

(a)

Thirty-five percent of the gross area of any planned unit development district shall be retained in open space. This may include common open areas, perimeter open space, buffers between various uses or densities, public open space, recreation areas, easements, areas of steep slopes or slopes exceeding 25 percent gradient, low lying areas, resource protection areas or historic sites or other features which will enhance the value of the site, reduce adverse impacts and otherwise be an asset to the community. For the purposes of this article, the term "open space" shall exclude open space in the private yards of individual dwelling units.

(b)

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

(Ord. No. 31A-88, § 20-145, 4-8-85; Ord. No. 31A-275, 9-11-12)

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

(Ord. No. 31A-88, § 20-147, 4-8-85; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-193, 5-25-99; Ord. No. 31A-275, 9-11-12)

(a)

Structures may be erected up to 60 feet in height from grade to the top of the structure, including all church spires, belfries, cupolas, athletic field lighting, monuments, flagpoles, penthouse, electrical, plumbing, elevator, water tank or other accessory functions which are part of the structure.

(b)

A structure in excess of 60 feet in height but not in excess of 100 feet from grade to the top of the structure, including all church spires, belfries, cupolas, athletic field lighting, monuments, flagpoles, penthouse, electrical, plumbing, elevator, water tank or other accessory functions may be erected only upon the granting of a height limitation waiver by the board of supervisors.

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

(1)

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

(2)

Such structure will not obstruct light from adjacent property;

(3)

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

(4)

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

(5)

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

(6)

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

(c)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-148, 4-8-85; Ord. No. 31A-89, 9-9-85; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-275, 9-11-12; Ord. No. 31A-327, 11-8-16)

(a)

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

(1)

The structure or use shall not be within the minimum connection distance for public utilities as determined by the James City Service Authority;

(2)

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

(3)

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

(4)

The structure shall connect to public water within five years from the date of final site plan approval and shall be guaranteed by appropriate surety, letter of credit, cash escrow or other form of guarantee approved by the county attorney and the planning director. The structure shall connect to public utilities within 30 days of the date that such facilities are constructed within the minimum connection distance for public utilities as determined by the James City Service Authority; and

(5)

No more than one structure served by an individual well and septic system shall be permitted at one time within a planned unit development.

(b)

Recreation areas. Areas on the master plan designated as A (single-family detached), B (multi-family dwellings containing up to four dwelling units), C (multi-family dwellings containing more than four dwelling units) or D (apartments) shall be provided with a recreation area or areas. The developer shall provide and install playground equipment, playfields, tennis courts or other recreation facilities prior to the issuance of certificates of occupancy. Such facilities shall be owned and maintained by the developer or a residents' association.

(c)

Parking. Off-street parking facilities shall be provided in accordance with the off-street parking requirements of article II, division 2 of this chapter.

(d)

Streets. All dedicated public streets shown on the development plan shall meet the design and construction requirements of the Virginia Department of Transportation's standards or the county subdivision ordinance, whichever is more stringent. Such public streets shall be coordinated with the major transportation network shown in the Comprehensive Plan. Private streets may be permitted upon the approval of the board of supervisors in accordance with the provisions of section 24-62.

(e)

Pedestrian accommodation. Pedestrian accommodations shall be provided in accordance with section 24-35.

(f)

Outdoor lighting. Outdoor lighting shall generally be provided, as required by article II, division 7 of this chapter and the county subdivision ordinance. No lighting fixture shall exceed a height of 15 feet within residential areas of a planned unit development district nor 30 feet in commercial or industrial areas.

(g)

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

(h)

Signs. To assure an appearance and condition which is consistent with the purposes of the planned unit development district, outdoor signs or the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter, except that unique signing systems may be approved by the planning director where such sign systems contribute significantly to the character of the planned community. However, in no case shall the sign's square foot size exceed the maximum allowed in article II, division 3 of this chapter.

(Ord. No. 31A-88, § 20-149, 4-8-85; Ord. No. 31A-105, 2-22-88; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-161, 5-1-95; Ord. No. 31A-193, 5-25-99; Ord. No. 31A-249, 7-26-11; Ord. No. 31A-255, 11-22-11; Ord. No. 31A-275, 9-11-12; Ord. No. 31A-291, 8-13-13)

(a)

Peripheral buffers. Any Planned Unit Development, PUD, district approved under this article, shall adhere to the following buffer requirements:

(1)

Residential.

a.

Perimeter buffers. For residential uses a minimum landscape buffer of 50 feet shall be maintained from all property lines adjoining a different zoning district which abut the site. Where attached structures in a PUD-R District adjoin an existing R-1, R-2, R-3 or R-6 District, or an A-1 or R-8 District that is designated low-density residential or rural lands on the Comprehensive Plan, the minimum buffer shall be 75 feet.

b.

Right-of-way buffers. For residential uses, there shall be planned and maintained buffers along all external existing and planned arterial road rights-of-way, as follows:

1.

The minimum right-of-way buffer on external community character corridor roads as defined in the comprehensive plan shall be 150 feet, except when the average lot depth of the parent parcel is less than 600 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

2.

The minimum right-of-way buffer on all external non-community character corridor roads shall be 75 feet, except when the average lot depth of the parent parcel is less than 300 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

3.

The buffer shall be planted in accordance with section 24-96, General landscape area standards. Buffers along community character corridor roads shall also adhere to the Community Character Corridor Buffer Designation Map and Buffer Treatment Guidelines.

c.

Waiver provisions. In instances where properties have more than a 300-foot average depth and are located along a community character corridor, the planning director may reduce the buffer depth requirements specified in (1) a and b of this section for residential developments when:

1.

The development is less than five acres and a majority of the development's units are dedicated to affordable and workforce housing; or

2.

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer; or

3.

The developer demonstrates that the development will be adequately screened and buffered from the road using berms and landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.

In no case shall the right-of-way buffer be reduced by a waiver provision to less than 75 feet. The planning director may also, in the event of granting a waiver, require additional landscaping as determined on a case by case basis.

d.

Modifications to the landscape requirements. The planning director may modify, permit substitutions, or permit transfer of required landscaping in accordance with the provisions set forth in article II, division 4 of this chapter.

e.

Requirements for buffers. All required buffers shall be exclusive of lots, remain free of structures and parking, and remain undisturbed, except for additional plantings and selective clearing approved by the planning director or his designee. Soil stockpiles and staging areas shall not be permitted within any buffer, except that temporary soil stockpiles may be allowed upon approval by the planning director under the following circumstances:

1.

The buffer in which the temporary stockpile is to occur is nonwooded, defined as having no mature trees.

2.

The stockpile shall not be visible from a Community Character Corridor or Community Character Area, unless the soil stockpiling is needed for approved berming in that buffer.

3.

Stockpiles shall not exceed 35 feet in height.

4.

Stockpiles shall be temporary, with a time limit of six months.

5.

Once the use of the temporary soil stockpiles is completed, the ground must be adequately prepared for planting and revegetated in a manner that meets or exceeds the amount and quality of vegetation on the site previously.

6.

Stockpiling shall conform with any applicable requirements of the Virginia erosion and sediment control regulations, the Virginia erosion and sediment control handbook and county erosion and sediment control program policies.

f.

Limitations on buffers. Structural BMPs such as wet and dry ponds shall not generally be permitted in the buffers, except that the planning director may approve them under the following circumstances:

1.

The need is necessitated by site conditions rather than economic factors; and

2.

The screening/buffering effect of the buffer has been retained by the design of the BMP and any degradation has been mitigated with additional plantings or berms as necessary.

g.

Improvements allowable within buffers. An entrance road, community and directional signage, bicycle and/or pedestrian paths, and utility connections and drainage improvements shall be permitted within the buffer with approval of the planning director. Permitted utilities and constructed drainage conveyance systems shall cross the buffer at or near a perpendicular angle to the property line, with clearing kept to a minimum necessary to accommodate the utilities, except that minor improvements to natural drainage channels may be permitted at a different angle to the property line upon the recommendation of the director of engineering and resource protection and the approval of the planning director.

h.

Roads within buffers. Entrance roads through these buffers shall be built to the narrowest cross-section possible. Roads and open space shall be located and designed in a manner that minimizes the views of structures within the development from the adjoining primary or secondary road as determined by the planning director.

i.

Appeals. In the event the planning director disapproves the items specified in (c), (d), (e), (f), (g), and (h) above or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission.

(2)

Commercial. For commercial uses a minimum landscape buffer of 75 feet shall be maintained from all property lines adjoining a different zoning district which abut the site and/or existing or planned public roads or properties that are peripheral to the planned unit development district.

(3)

Industrial, public or institutional uses. For industrial, public or institutional uses a minimum landscaped buffer of 100 feet shall be maintained from all property lines adjoining a different zoning district which abut the site and/or existing or planned public roads or properties that are peripheral to the planned unit development district. Where industrial structures adjoin an existing residentially zoned district or an A-1 district that is designated low-density residential or rural lands on the Comprehensive Plan, the minimum landscaped buffer shall be increased to 125 feet.

(b)

Waiver Provisions. In instances where adjoining properties are zoned for commercial or industrial uses, and are designated general business, limited industrial, or general industrial on the comprehensive plan, the planning director may reduce the buffer depth requirements specified in (a)(2) and (a)(3) of this section for developments when:

1.

The zoning and comprehensive plan designation of adjoining properties are compatible with the proposed uses of the PUD development; and

2.

The developer demonstrates that the development will be adequately screened and buffered from the adjacent property using berms and/or landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.; or

3.

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer.

(c)

Appeals. In the event the planning director disapproves the items specified in 1(c), (d), (e), (f), (g), (h), and (b) above or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission.

(d)

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

(e)

Yard regulations. Except for buffers specified in section 24-492 (a) and (b) above, there shall be no minimum lot size nor minimum front, side or rear yard requirements for any lot within a planned unit development district other than as specified in approved final plans.

(f)

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

(Ord. No. 31A-88, § 20-150, 4-8-85; Ord. No. 31A-123, 7-2-90; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-193, 5-25-99; Ord. No. 31A-275, 9-11-12; Ord. No. 31A-278, 11-27-12)

(a)

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