(A)

For protection against traffic hazards, no planting, sign, structure, or other impediment to visibility greater than 3 ft. in height shall be erected, placed, allowed to grow, or maintained within a visibility triangle on any corner lot.

(B)

The apex of the triangle shall be at the intersection of the Department of Transportation or other designated right-of-way lines (extended in the case of rounded corners), the sides being 20 ft. in length along the right-of-way lines, and the base of the triangle running through the lot.

Figure VIII-1. Visibility Clearance

(A)

The purpose of this Division is to:

(1)

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

(2)

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

(3)

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

(4)

Ensure security for persons and property.

(A)

General. Unless exempted by (B), below, the standards of this Division shall apply to:

(1)

All commercial zoning districts, industrial zoning districts, the R-3 Multifamily Dwelling District, the M-U Mixed-Use District, R-C Resort Community District, and on any property located within any zoning district that is used for non-residential purposes through a permitted use or a Special Exception.

(2)

To the maximum extent practicable, redevelopment of an existing structure, building, parking lot, or use when it is expanded, enlarged, or otherwise increased in intensity equivalent to or beyond 50% of its existing state.

(B)

Exemptions. The following are exempted from the exterior lighting standards of this Article:

(1)

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

(2)

Lighting for single- and two-family residential development.

(3)

Lighting exempt under State or Federal law;

(4)

Lighting for public monuments and statuary;

(5)

Lighting that is required under the Uniform Statewide Building Code;

(6)

Construction lighting, provided the lighting is temporary and discontinued upon completion of the construction activity each day;

(7)

Emergency, or holiday decorative or festive lighting, provided such lighting does not create unsafe glare on street rights-of-way;

(8)

Temporary lighting for circuses, fairs, carnivals, theatrical, and other performance areas, provided such lighting is turned off not more than 1 hour after the last performance/event of the day and discontinued upon completion of the final performance/event;

(9)

Security lighting, provided it is directed downward, does not glare onto adjacent property, and is controlled and activated by motion sensor devices for a duration of 15 minutes or less, unless it can be demonstrated otherwise that there is a need for constant security lighting;

(10)

A flagpole may be illuminated by one upward aimed fully shielded spotlight light fixture which shall not exceed three thousand five hundred (3,500) lumens (fifty (50) watts metal halide). The light fixture shall be placed as close to the base of the flagpole as reasonably possible.

(11)

Architectural lighting of 40 watts incandescent or less;

(12)

Field lighting for an outdoor athletic facility, provided such lighting is directed and falls within the primary playing area and is turned off at the end of the sports event;

(13)

FAA-mandated lighting associated with a utility tower or airport; and,

(14)

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

(C)

Conformance with all Applicable Codes. All outdoor lighting shall be installed in accordance with the provisions of this Ordinance, applicable Electrical and Energy Codes, and applicable sections of the Building Code.

(D)

Time of Review. Review for compliance with the standards of this Division shall occur as part of the review of an application for a Site Plan, Planned Development, Zoning Permit, Special Exception, or Variance.

(E)

Signs. Lighting for signage shall be governed by the standards set forth in Division 5, Signs, of this Article.

(A)

Hours of Illumination. Public/civic/recreational uses, commercial uses, and industrial uses (as identified in Article VI, Use Matrix) that are adjacent to existing residential development or residential zoning districts shall extinguish all exterior lighting, except lighting necessary for security or emergency purposes, within 1 hour after closing and shall not turn on such lights until within 1 hour of opening.

(1)

For the purposes of this subsection, lighting necessary for security or emergency purposes shall be construed to mean the minimum amount of exterior lighting necessary to illuminate possible points of entry or exit into a structure, to illuminate exterior walkways and parking areas, or to illuminate outdoor storage areas. Lighting activated by motion sensor devices is encouraged for these purposes.

(B)

Uniformity. Outdoor luminaires shall be of uniform style for each project site and conform to the design of the project.

(C)

Shielding. Each outdoor luminaire subject to these outdoor lighting requirements shall be dark sky compliant with a full cutoff luminaire and aimed and controlled such that directed light is directed inward to the property and confined to the object intended to be illuminated. Directional control shields shall be used when necessary to limit stray light and prevent glare to adjacent properties and vehicular public rights-of-way.

(D)

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

(E)

Type. Low-pressure sodium vapor (LPS), high-pressure sodium vapor (HPS), or light emitting diode (LED) lights shall be the required type of exterior site lighting.

(F)

Maximum Illumination Levels. All lighting visible from outside, except for street lighting and pedestrian area lighting, must be designed and located so that the maximum illumination at any lot line abutting an agricultural district, residential district, dwelling, or any public right-of-way, does not exceed 0.5 footcandles.

(G)

Canopy Lighting. Light fixtures under any gasoline canopy or other structural canopy shall be recessed into the canopy ceiling with a flat lens to prevent glare.

(H)

Height. Any pole-mounted exterior lighting shall not exceed a height of 30 ft. in Industrial districts and 20 ft. in all other districts.

Figure VIII-2. Lighting Examples

(A)

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

(B)

Modifications shall only be approved by the Administrator if the applicant proves the burden and provides evidence to the above.

(A)

The purpose of this Division is to establish standards for landscape architecture, site design, site buffering, and landscape screening. With the intent of preserving and promoting the health, safety, and general welfare of the County, this Division is intended to:

(1)

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

(2)

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

(3)

Enhance erosion control;

(4)

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

(5)

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

(6)

Ensure the safety, security, and privacy of properties.

(A)

General. The requirements of this Division shall apply to new construction, developments, or redevelopments in all zoning districts requiring an approved Site Plan, Special Exception Permit, or Zoning Permit specified by the Ordinance.

(B)

Exemptions. The following are exempted from the landscaping and screening standards of this Article:

(1)

Agricultural uses as identified in Article VI, Use Matrix, of this Ordinance; and

(2)

Single- and two-family development on individual lots (not part of a Major Subdivision, Planned Development, or Cluster Development)

(C)

Timing of Review. Review for compliance with the standards of this Division shall occur as part of the review of an application for a Site Plan, Planned Development, Zoning Permit, Special Exception, or Variance.

(A)

Landscape Plan Required. A Landscaping Plan shall be required for all new construction, developments, or redevelopments in all zoning districts requiring an approved Site Plan, Special Exception Permit, or Zoning Permit specified by the Ordinance. The Landscaping Plan shall:

(1)

Be prepared and/or certified by a certified professional or firm qualified to create such a plan; provided, however, that in the case of a single lot disturbing less than 2,500 sq. ft., the landscaping plan may be prepared by the property owner.

(2)

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

(B)

Landscape Plan Contents. The landscape plan shall include:

(1)

Location, species, size, height, and number of proposed plantings;

(2)

Planting specifications or installation details with consideration of the appropriateness of plants and locations for the specific characteristics of the site and the purpose for installation;

(3)

Information about the general location, composition, and extent of existing vegetation (plants, trees, shrubs, etc.) to be retained during construction, as well as protection measures to be implemented during construction;

(i)

The information shall include the successional stage of the vegetation, a list of the primary tree species, a list of the prominent non-native invasive species, and a statement regarding the general age, health, and condition of the vegetation.

(4)

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

(5)

Designation of required setbacks, yards, and screening areas;

(6)

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

(7)

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

(C)

Landscape Plan Bond. After a Landscape Plan has been approved, and before any planting or disturbance can occur, the developer shall furnish to the County an irrevocable letter of credit, cash escrow, or bonds (collectively referred to as "performance bond") from a certified Virginia Lending Institution by corporate surety in a form and amount sufficient to guarantee the completion of all required improvements.

(1)

The cost of required landscaping shall be determined by a bona fide estimate of cost prepared by a duly licensed landscape architect, engineer, or other licensed professional, and such estimate shall be provided at the expense of the developer.

(A)

Tree and Plant Standards.

(1)

Existing trees and vegetation shall be preserved to the greatest extent possible.

(i)

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

(ii)

Where existing vegetation is not adequate to achieve the required landscaping or screening, additional plants shall be installed as necessary to meet the objective, and in accordance with the standards of this Division.

(2)

Any required landscaping shall be installed prior to the issuance of a Certificate of Occupancy.

(i)

When the planting of required landscaping conflicts with the planting season, a Certificate of Occupancy may be issued subject to approval by the Administrator that a sufficient surety is in place.

(ii)

The owner or developer shall provide a development agreement which sets a deadline by which the plantings will be installed to be approved by the Administrator.

(3)

The owner of the property upon which the required landscaping or buffering is installed shall be responsible for maintenance and replacement.

(4)

All plantings shall be maintained in perpetuity in such a way to ensure that the requirements of this Ordinance continue to be met.

(i)

Any dead or dying plants shall be removed within 30 days of notification by the Administrator. If notified during winter, such plants may be replaced by the property owner during the next viable planting season.

(5)

Landscaping materials should generally be sustainable and biologically diverse with emphasis on trees and plants native to Virginia and the King George County region.

(6)

Plants shall be nursery grown and materials shall conform to the requirements described in the latest edition of American Standard for Nursery Stock, as published by the American Association of Nurserymen, as amended.

(7)

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

(8)

Plant materials shall be installed via dig, ball, burlap, and transplant. Bare-root planting is not permitted for any tree.

(9)

For buffers in which more than 20 trees are required, no individual species shall comprise more than 30% of the total number of plants required within the buffer.

(B)

Tree Measurement Standards.

(1)

Caliper measurements shall be taken 6 inches above grade for trees under 4 inches in diameter. Caliper measurements shall be taken 12 inches above grade for trees 4 inches in diameter and larger.

(2)

All required landscaping materials shall conform to the following minimum size or height standards provided in Table VIII-1, Minimum Plant Measurements.

Table VIII-1. Minimum Plant Measurements

(C)

Tree Protection Standards.

(1)

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

(2)

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

(3)

Trees and groups of trees which are to be preserved shall be enclosed by a temporary fence or barrier to be located and maintained 5 ft. outside of their dripline during construction.

(i)

Such a fence or barrier shall be installed prior to clearing or construction, shall be sufficient to prevent intrusion into the fenced area during construction, and in no case shall materials, vehicles, or equipment be stored or stockpiled within the enclosure.

(ii)

Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices.

(4)

No healthy deciduous tree(s) with a caliper of 15 inches or greater shall be removed from the site unless such trees are replaced.

(i)

Such trees shall be shown on the Landscaping Plan.

(ii)

These replacement trees shall be in addition to landscaping required by this Division.

(iii)

No replacement tree shall have a caliper of less than 3 inches, measured 6 inches from the ground, at the time of planting.

(iv)

The total caliper of replacement trees shall equal or exceed the total caliper of trees 15 inches or greater removed from the site.

(5)

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

(6)

Where grade changes in excess of 6 inches from the existing natural grade level are necessary, permanent protective structures such as tree wells or walls shall be installed as recommended by the tree preservation and protection standards outlined in the Virginia Erosion and Sediment Control Handbook, as amended.

(7)

In determining which trees shall be preserved, consideration shall be given to preserving trees which:

(i)

Are trees of 15-inch caliper or larger;

(ii)

Are ornamental trees of any size;

(iii)

Are trees within required setbacks or along boundaries unless necessary to remove for access, grading, circulation, utilities or drainage.

(iv)

Are heritage, memorial, significant, and specimen trees;

(v)

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

(vi)

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

(vii)

Have strong branching and rooting patterns;

(viii)

Are disease and insect resistant;

(ix)

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

(x)

Are located in required buffer areas;

(xi)

Exist in natural groupings, including islands of trees;

(xii)

Do not conflict with necessary utility; and,

(xiii)

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

(A)

Applicability. The standards of this Section apply to:

(1)

All new development, except as provided in (B), below;

(2)

All Cluster Developments;

(3)

Major Subdivisions;

(4)

A change of use of an existing structure is proposed that requires a Zoning Map Amendment (rezoning); and

(5)

Any development within the HCOD and/or abutting the right-of-way of Route 3 and US Route 301.

(B)

Exceptions. A transitional buffer is not required:

(1)

For any single- or two-family dwelling not part of a larger development;

(2)

Between uses, buildings, or lots developed under a common plan or operated under common management; or

(3)

As exempt in Table VIII-2, Transitional Buffer Type Required, below.

(C)

Screening Alternative. The applicant may propose, and the Administrator may approve, a screening alternative where a building or screening has been specifically designed to minimize adverse effects through a combination of architectural and landscaping techniques, and the Administrator determines the building or screening is consistent with the purposes of this Section. See Table VIII-4, Alternative Transitional Buffer.

(D)

Transitional Buffer Types Required. Table VIII-2, Transitional Buffer Type Required, identifies the type of transitional buffer, if any, required between a proposed use and adjacent property/development. Table VIII-3, Minimum Plantings, provide the minimum width and planting standards for each transitional buffer type.

(1)

"Adjacent" includes land closer to the proposed use than the required buffer width, even if they are separated by a narrow strip of land with different zoning districts.

(2)

Transitional buffers for planned developments (Resort Community and Mixed-Use districts) will be determined as part of the rezoning process.

(E)

Location and Design.

(1)

Transitional buffers must be located along the boundaries of the adjacent district, as provided below, except where driveways or other openings are permitted.

(i)

When located within the HCOD, this includes frontage, in addition to any side and/or rear lot lines abutting adjacent districts.

(ii)

When not located within the HCOD, this includes any lot lines abutting the adjacent districts, including those separated by any public road.

(2)

Transitional buffers may be located in required minimum front, side, or rear setbacks.

(3)

Transitional buffers shall be as follows:

(i)

Types A and B shall fill the required minimum buffer width, as provided in Table VIII-3, and plantings should be dispersed to create a natural setting.

(ii)

Type C shall be provided in a minimum of two staggered rows, with each row containing the plantings provided in Table VIII-3.

(4)

Development within a transitional buffer is limited to the following:

(i)

Fences and walls, including retaining walls, in accordance with Division 3 of this Article;

(ii)

Sidewalks, trails, and other pedestrian/bicycle paths that intersect the transitional buffer yard at or near a 90-degree angle; and

(iii)

Areas of ingress and egress, fire hydrants, utilities, and other public infrastructure; and

(iv)

Flag poles and permitted signs.

(5)

Development within a transitional buffer must not reduce the separation of land uses or interfere with the required plantings.

(6)

A continuous 10 ft. deep landscape strip, exclusive of easements, shall be located adjacent to any stormwater management facility or Best Management Practice(s) (BMP) when it:

(i)

Is located in any residential (R-1, R-2, R-3) or commercial (C-1, C-2) district; or

(ii)

Encroaches into a required side or rear setback.

Table VIII-2. Transitional Buffer Type Required

Table VIII-3. Minimum Plantings

¹  Where fractional numbers result, the required number of plantings shall be rounded up to the nearest whole number.

Figure VIII-3. Example of Transitional Buffer Type A

Figure VIII-4. Example of Transitional Buffer Type B

Figure VIII-5. Example of Transitional Buffer Type C

Table VIII-4. Alternative Transitional Buffer

¹   Walls and fences must comply with the standards in Division 3 of this Article.

²  The minimum width of a transitional buffer must not be reduced below 10 ft.

³  Required plantings shall be located on the berm.

(A)

Except on lots where the principal use is a single- or two-family dwelling, manufactured home, or any Agricultural use, the following objects and areas must be screened from public view at ground level, both on and off the premises, in accordance with this Section:

(1)

Large waste receptacles (dumpsters) and refuse and recycling collection points (including containers);

(2)

Loading and service areas;

(3)

Outdoor storage areas;

(4)

Utility and mechanical equipment, such as, generators, HVAC units, utility meters, junction and accessory boxes, and transformers; and

(5)

Stormwater management facilities, when not developed as a site amenity in accordance with Division 7, Open Space; and

(6)

All other uses or elements where screening is required as identified in Article VII, Use Performance Standards, of this Ordinance.

(B)

Screening/enclosures shall be comprised singularly, or of a combination of:

(1)

A solid masonry wall or opaque fence, in accordance with Division 4.

(2)

A double, unbroken row of evergreens that, at maturity, blocks visibility of the object being screened.

(3)

A planted berm.

(C)

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

(A)

General.

(1)

To provide shade, screen views, and mitigate stormwater runoff, all vehicle parking areas shall include landscaping as required in this Section.

(2)

Parking lot landscaping for all developed, vacant, and abandoned commercial, industrial, or mixed-use development shall be installed and continuously maintained by the owner according to the requirements contained in this Article.

(i)

Grass and groundcover (not including shrubs, bushes, etc.) shall be maintained to grass height of no more than 6 in. from grade.

(ii)

Grass areas shall be maintained in good condition with uniform grass coverage and free from rill or gully erosion.

(iii)

Any dead or dying plants shall be removed within 30 days of notification by the Administrator. If notified during winter, such plants may be replaced by the property owner during the next viable planting season.

(B)

Exemptions.

(1)

The landscape provisions of this Division shall not apply to off-street parking for individual single- or two-family residential dwellings or for parking garages or similar multi-level parking structures.

(2)

In the case of redevelopment proposals, parking lot landscape requirements do not apply to those proposals that are not required to add parking spaces over those that are currently provided.

(C)

Parking Lot Landscape Buffers.

(1)

Where a parking lot (or a private driveway providing access to a parking lot or building entry) abuts a residential district, agricultural district, or a public right-of-way, a landscaping strip of at least 10 ft. in width shall be located between the parking lot and the abutting property line. See Figure VIII-6, Example of Parking Lot Landscape Buffers.

(i)

A minimum of 1 deciduous shade tree for each 40 ft. of contiguous property line shall be planted in the landscape strip.

(ii)

A minimum of 5 shrubs for each 40 ft. of contiguous property line shall be planted in the landscape strip.

(iii)

The landscape strip may include a sidewalk or trail. The remainder of the landscape strip must contain groundcover, turf, trees, or shrubs, or be mulched.

(iv)

The landscape strip shall maintain a visibility clearance of at least 4 ft. at all ingresses and egresses for vehicular traffic.

Figure VIII-6. Example of Parking Lot Landscape Buffers

(D)

Parking Lot Landscape Islands.

(1)

Landscaped planting islands shall be provided in the interior of the following types of parking lots:

(i)

The total size of the parking lot exceeds 50 total parking spaces.

(2)

Landscaped planting islands minimum standards:

(i)

If the total size of the parking lot exceeds 100 total parking spaces, there shall be one island for every other double-row of parking. See Figure VIII-8, below.

(ii)

Landscape parking islands shall be at least 10% of the parking area.

(iii)

A minimum of 1 tree shall be provided for each 5 spaces of required parking. The remaining area of the island(s) shall be landscaped with shrubs, ground cover, lawn, or additional trees.

(iv)

Planting islands shall have a minimum width of 8 ft. to allow for bumper overhang and shall otherwise provide adequate width for the growth and maintenance of the intended landscape materials to be planted therein. See Figure VIII-7.

(v)

Planting islands shall maintain a visibility clearance of at least 4 ft. at both ends of the island to ensure vehicular traffic and pedestrian safety.

(vi)

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

Figure VIII-7. Example of Parking Lot Landscape Islands

Figure VIII-8. Example of Double Row Parking Lot

(A)

Modifications to the layout and design standards contained herein may be approved through a waiver by the Administrator upon a determination that the following conditions exist:

(1)

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

(2)

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

(3)

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

The purpose of this Division is to provide standards to ensure that walls and/or fences used to provide buffering, privacy, separation, security, or for aesthetic reasons, will not create an unsightly or unsafe condition on or off the public or private property on which the fence or wall is proposed.

(A)

The provisions of this Division shall apply to all construction, reconstruction, or replacement of walls and/or fences within A-3, R-1, R-2, R-3, commercial, industrial, and planned development districts, except:

(1)

Walls and/or fences required for the physical support of a principal or accessory structure;

(2)

Walls and/or fences erected temporarily for construction sites or a similar purpose, provided that they comply with all relevant requirements of the Uniform Statewide Building Code and do not block sight distance;

(3)

Landscaping berms without fences;

(4)

Walls and/or fences necessary for soil erosion control;

(5)

Walls and/or fences at government facilities;

(6)

Customary fencing provided as part of a permitted tennis court, athletic field, and similar recreational facility will be exempt from the height standards;

(7)

Fences for protecting livestock or for other similar agricultural functions, if part of a use in the agricultural use classification; and

(8)

Fences for tree protection (temporary and permanent).

(A)

Walls and/or fences shall not:

(1)

Be located within the public right-of-way;

(2)

Be installed in a manner, or in a location, so as to block or divert a natural drainage flow on to or off of any other land, unless the fence or wall has specifically been approved as part of an approved stormwater management plan;

(3)

Be constructed in a manner or in a location that impairs safety or sight lines for pedestrians and vehicles traveling on public rights of way; or

(4)

Prevent immediate view of, or access to, fire hydrants or other fire-fighting water supply devices.

(B)

Walls and/or fences may be located within any required setback or yard.

(1)

However, walls and/or fences located along HCOD designated roads shall be located in the side or rear setback or yard only; ornamental fencing, as defined by Article XI of this Ordinance, may be erected inside the front setback or yard.

(C)

Walls and/or fences located within an easement shall receive written authorization from the easement holder or the County (as appropriate).

(1)

The County shall not be responsible for damage to, or the repair or replacement of, fences that must be removed to access such easements or facilities.

(D)

Walls and/or fences within required transitional buffers shall be installed so as not to disturb or damage existing vegetation or installed plant material.

(A)

Maximum Height. Walls and/or fences shall be permitted in accordance with the following standards:

(1)

No wall and/or fence between a street and a front building line shall be more than 4 ft. in height.

(2)

And not forgoing 8-4-4 (A) (1), above:

(i)

Walls and/or fences in any A-3, R-1, R-2, R-3, or planned development district shall not exceed 7 ft. in height above the existing grade without approval of a Special Exception;

(ii)

Walls and/or fences in any commercial zoning district shall not exceed 8 ft. in height above the existing grade without approval of a Special Exception; and

(iii)

Walls and/or fences in any industrial zoning district shall not exceed 10 ft. in height above the existing grade without approval of a Special Exception.

(B)

Measuring Height. Wall and/or fence height will be measured parallel along the side of the fence from the highest point above grade to where the grade is lowest but excluding the height of any retaining wall directly beneath the fence or wall. Supporting columns or posts may extend up to 18 inches above the maximum allowed height for the wall and/or fence. See Figure VIII-9 and Figure VIII-10.

Figure VIII-9. Measuring Fence Height

Figure VIII-10. Supporting Column Height

(A)

Permitted Materials.

(1)

Walls and/or fences shall be constructed of any combination of:

(i)

Treated or rot-resistant wood or similar composite wood material;

(ii)

Wrought iron;

(iii)

Decorative metal materials; or

(iv)

Brick, stone, masonry materials, or products designed to resemble these materials.

(v)

Where wood, masonry, or other opaque materials are specified for particular types of screening or buffering fences or walls, all other fence materials are prohibited.

(2)

All wall and/or fence segments located along a single lot side shall be composed of a uniform style, material, and color compatible with other parts of the wall and/or fence.

(B)

Prohibited Materials. Walls and/or fences made of debris, junk, rolled plastic, sheet metal, plywood, barbed wire, or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed into new building materials that resemble the customary materials listed in (A), above.

(C)

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

(1)

Permitted in A-3, R-1, and R-2 districts.

(2)

Permitted in R-3, commercial, industrial, and planned developments districts, subject to the following:

(i)

The chain link fencing shall be coated with black or dark green vinyl.

(ii)

Where opaque fencing is required, the chain link fencing may include black or dark green opaque slats.

(D)

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

(A)

All walls and/or fences shall be maintained in good repair and in a safe and attractive condition.

(B)

The owner of the property on which wall and/or fences are located shall be responsible for maintenance, including but not limited to, the replacement of missing, decayed, or broken structural and decorative elements.

(A)

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

(1)

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

(2)

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

(3)

Provide for adequate but not excessive off-street parking and loading while accommodating alternative parking solutions for permanent, temporary, and seasonal demands;

(4)

Minimize the environmental impact of vehicular parking by avoiding excessive paved surface areas, applying appropriate minimum parking requirements, and encouraging the use of permeable parking surfacing; and

(5)

Support walking and bicycling in appropriate locations through the provision of bicycle parking.

(A)

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

(B)

For purposes of this Division, off-street parking shall mean an improved surface not in a street or alley.

(C)

Parking shall be provided at the time of the erection of any building or structure, not less than the amount of parking space(s) given in Section 8-5-8, below.

(D)

Parking space(s) shall be maintained and shall not be encroached upon unless in conformance with Section 8-5-5 and Section 8-5-6, below.

(E)

Loading space(s), as required in Section 8-5-12, below, shall not be construed as supplying off-street parking.

(A)

The requirements for off-street parking space(s) and off-street loading space(s) shall be a continuing obligation of the owner of the real estate on which any structure or use is located as long as such structure or use is in existence, and the use requiring off-street parking or loading facilities continues.

(B)

It shall be unlawful for the owner of any structure or use affected by this Division to discontinue, change, dispense with, or cause the discontinuance or change of the required off-street parking or loading space, apart from the alternate off-street parking or loading space which meets with the requirements of, and complies with, this Division.

(C)

It shall be unlawful for any firm or corporation to use such structure without acquiring such land or other suitable land for off-street parking or loading space(s) which meets the requirements of, and complies with, this Division.

(A)

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

(1)

A remote parking lot may be approved by a Special Exception and shall:

(i)

Be located and maintained not to exceed 600 ft. from the principal building or use it serves; and

(ii)

Be established by a recorded covenant or agreement as parking space(s) to be used in conjunction with the principal building or use and shall be reserved as such through an encumbrance on the title of the property.

(iii)

Have an existing sidewalk or improved pathway and permanent access easement.

(a)

If none exists, the developer shall establish a sidewalk or improved pathway and permanent access easement that connects the parking to the use.

(A)

Required parking spaces can be used jointly by two (2) or more buildings, uses, or establishments, as provided below:

(1)

The shared parking space(s) may be used to meet no more than 50% of the required off-street parking requirement.

(2)

The shared parking space(s) must be for those uses that the normal periods of peak use are different from the shared use.

(3)

The use(s) for which parking is being shared shall be within 600 ft., as measured along lines of public access.

(B)

In the case of mixed or joint uses of a building or premises having different peak parking demands, the parking spaces required may be reduced up to 50% if approved by the Administrator, in conjunction with Site Plan approval.

(1)

In such instances, the applicants shall demonstrate that the periods of peak use are separated sufficiently, and shared parking spaces are available to all uses sharing them, to not cause a parking demand problem.

(C)

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

(A)

Reduction in Required Spaces. Off-street parking space(s) required under this Division may be reduced at a time when the capacity or use of a building is changed in such a manner that the new use or capacity would require less space than before the change.

(B)

Increase in Required Parking. Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need under the requirements of this Division for an increase in parking spaces of 10% or more, such additional spaces shall be provided on a basis of the change or enlargement.

(1)

Parking increases shall not be circumvented by a series of changes that together would meet, or exceed, the 10% requirement.

(A)

Surfacing.

(1)

All parking areas shall have an improved surface to prevent soil erosion, abate dust, and provide an adequate driving surface.

(i)

Improved surface shall mean concrete, asphalt, bituminous pavement, brick or stone pavers, or other hard, all-weather, dustless, permeable pavement system.

(2)

Grass and gravel parking permitted under certain circumstances, as provided in (B), below.

(B)

Grass and Gravel Parking.

(1)

Grass and/or gravel parking areas are permitted for the following:

(i)

Uses that require 8 or fewer parking spaces;

(ii)

Those uses that permit grass parking through their use standards, provided in Article VII, Use Performance Standards, of this Ordinance; or

(iii)

The planning commission may approve alternative parking surfaces as part of approval of a special exception permit or as part of a site plan proposing parking within a Resource Protection Area if it will serve the public interest or convenience (including compatibility with state environmental laws or regulations) and will not contravene sound engineering and design practices.

(2)

All grass and gravel parking areas shall:

(i)

If grass, be maintained to grass height of no more than 6 in. from grade.

(ii)

If grass, be maintained in good condition with uniform grass coverage and free from rill or gully erosion.

(iii)

Have travelways appropriately marked to maintain egress.

(3)

All grass and gravel parking areas shall not:

(i)

Be permitted for any parking area that includes drive-through windows.

(ii)

Include any existing or proposed landscaped area, stormwater management area, or easement.

(C)

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

(D)

Location. Off-street parking areas shall be located to the side or rear of the structure it is associated with; if it can be demonstrated that the lot could not accommodate parking area(s) to the side or rear of the lot, the Administrator may waive this provision.

(E)

Parking Space Dimensions.

(1)

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

(2)

Reduction in Required Space. Where more than 10 spaces are required by this Ordinance, a maximum of 30% of the required spaces may be reduced to a minimum width of 8 ft. and a minimum length of 16 ft., provided that such spaces are designated by appropriate signs as reserved for compact cars only.

(F)

Arrangement of Interior Aisles. All aisles within parking areas shall have the minimum widths:

(1)

Parking spaces at a 90-degree angle: 22 ft.

(2)

Parking spaces at a 60-degree angle: 18 ft.

(3)

Parallel parking spaces: 12 ft.

Figure VIII-11. Parking Area Dimensions

(G)

Accessible Parking. Every land use shall include the number of accessible off-street parking spaces for persons with disabilities in accordance with the requirements of the Virginia Uniform Statewide Building Code. These parking spaces shall be included within the required amount of parking spaces, as provided in Table VIII-5.

(H)

Entrances and Exits. The location and design of entrances and exits shall meet the VDOT traffic safety and design standards.

(I)

Separation from Walkways and Streets.

(1)

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

(2)

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

(J)

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

(K)

Lighting. Adequate lighting shall be provided in accordance with Division 1 of this Article.

(L)

Screening. Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened in accordance with Division 3 of this Article. However, areas requiring natural air circulation, unobstructed view, or other technical considerations necessary for proper operation, may submit an alternative screening plan to be approved by the Administrator.

(M)

Fleet Vehicles. Whenever daily or overnight storage of fleet vehicles is proposed, these vehicles shall be screened or parked to block visibility from streets or adjacent properties; screening shall be in accordance with the requirements of Division 3 of this Article. These off-street parking spaces shall be identified on any approved Site Plan.

(A)

Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected or structurally altered, or any building or structure hereafter erected is converted, off-street parking space(s) shall be provided according to the requirements for individual uses in the following table.

(B)

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

(C)

Exemptions to off-street parking requirements are contained in Section 8-5-5 and Section 8-5-6, above.

(D)

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

(E)

The parking requirements in this Division are in addition to any other parking requirements contained in the district or use standards of this Ordinance.

(F)

The parking requirements in this Division do not limit additional requirements that may be imposed for approval of a Special Exception.

(G)

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

(H)

Except as otherwise provided, the number of employees shall be compiled based on the maximum number of persons employed on the premises at 1 time, on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

(I)

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

Table VIII-5. Minimum Off-Street Parking Requirements

(A)

When Required. Bicycle parking shall be required for the following:

(1)

All commercial developments with buildings totaling 10,000 sq. ft. or more in size; and

(2)

All multi-family developments.

(B)

Required Spaces.

(1)

1 bicycle parking space for every 30 required off-street parking spaces, as shown in Table VIII-5, above.

(2)

The maximum number of required bicycle parking spaces shall be 10.

(C)

Standards.

(1)

A bicycle rack, bicycle loops, or other device as approved by the Administrator shall be installed to secure bicycles within the bicycle parking area.

(2)

Each rack must:

(i)

Allow for the securing of the frame and at least one wheel of a bicycle in a bicycle parking space to the rack with an industry-standard U-shaped bike lock;

(ii)

Provide each bicycle parking space with support for a bicycle in a stable position with direct support to the bicycle frame;

(iii)

Be securely anchored to the ground or to a structural element of a building or structure; and

(iv)

Be constructed of materials designed to withstand cutting, severe weather, and permanent exposure to the elements, such as powder-coated steel or stainless steel.

(3)

Bicycle parking must be visible from the main entrance of the building it serves, unless the Administrator determines that another location provides better security for users.

(4)

The location of the bicycle parking area, when fully occupied, shall not obstruct any pedestrian way and a 5 ft. wide pedestrian path shall be maintained at all times.

(5)

A bicycle parking area may not be located in any minimum front, side, or rear setbacks, or required landscaping or transitional buffer.

Where a building is used for more than 1 use, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces, but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for the use in the building for which the most spaces are required. In such cases, the Administrator may make reasonable requirements for the location of required loading.

(A)

Minimum Size. For the purpose of the regulations of this Division, a loading space is a space within the main building or on the same lot providing for the standing, loading, or unloading of trucks, and having a minimum width of 12 ft., a minimum length of 30 ft., and a vertical clearance of at least 15 ft.

(B)

Location. All required off-street loading areas shall be located on the same lot as the use served.

(1)

Within the HCOD, loading spaces shall be located only within side or rear yards and shall be screened from view of the HCOD roadway.

(C)

Surfacing. All loading areas shall have an improved surface to prevent soil erosion, abate dust, and provide an adequate driving surface.

(1)

However, gravel loading areas shall only be permitted for uses that require 1 loading space; 2 or more loading space shall require a paved surface.

(D)

Screening. Whenever an off-street loading area is located in or adjacent to a residential district, it shall be effectively screened in accordance with Division 2 of this Article. However, areas requiring natural air circulation, unobstructed view, or other technical considerations necessary for proper operation, may submit a screening plan to be approved by the Administrator.

(E)

Entrances and Exits. Location and design of entrances and exits shall be in accordance with VDOT traffic safety and design standards.

(1)

Where the entrance or exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide a least 1 off-street loading space.

(2)

Where an off-street loading space is to be approached directly from a major thoroughfare, necessary maneuvering space shall be provided on the lot without impeding the public right-of-way or any parking space or parking lot aisle.

(A)

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

(B)

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

(C)

Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected, or structurally altered to the extent of increasing the floor area by 25% or more, or any building is hereafter converted, for the uses and floor areas listed below, accessory off-street loading spaces shall be provided as required in Table VIII-6, below.

(D)

The loading space requirements in this Division do not limit other loading requirements contained in the district or use standards of this Ordinance.

(E)

The loading space requirements in this Division do not limit additional requirements that may be imposed in connection with uses permitted by approval of a Special Exception.

Table VIII-6. Minimum Off-Street Loading Requirements

(A)

The purpose of these sign regulations is to define, permit, and control the size, material, location, and condition of signs in a manner that, as its first priority, protects those who travel in and through the County. These sign regulations are intended to achieve the following community goals and objectives:

(1)

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

(2)

Equitably distribute the privilege of using the public environs to communicate private information;

(3)

Safeguard the public use and nature of the streets and sidewalks;

(4)

Protect and enhance the visual environment of the County;

(5)

Discourage the diminishing of property values in the County;

(6)

Minimize visual distractions to motorists using the public streets;

(7)

Promote the economic growth of the County by creating a community image that is conducive to attracting new business and industrial development;

(8)

Permit reasonable effectiveness of signs and to prevent their over-concentration, improper placement and excessive height, bulk, density, and area;

(9)

Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay, or abandonment;

(10)

Ensure that signs do not obstruct fire-fighting efforts or create traffic hazards by confusing or distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, other vehicles, or traffic signs;

(11)

Promote commerce and trade, with recognition of the effects of signage on the character of the community; and

(12)

The Board of Supervisors finds that the regulations in this Division advance the significant government interests identified herein and are the minimum amount of regulation necessary to achieve those interests.

(A)

Interpretation.

(1)

The regulations of this Division shall apply to all new signs, replacement signs, and their modification(s) established after the effective date of this Ordinance.

(2)

Signs not expressly permitted are prohibited.

(3)

Signs containing noncommercial speech are permitted anywhere that advertising or commercial signs are permitted, subject to the same regulations of such signs.

(4)

This Division shall be interpreted in a manner consistent with the First Amendment guarantee of free speech.

(B)

Application and Permit.

(1)

Sign Permit Required.

(i)

No sign shall be erected, installed, altered, modified, refaced, re-hung, or replaced, without obtaining a permit pursuant to this Division, except as otherwise provided in this Division.

(ii)

No permit shall be issued by the Administrator except upon a determination that a proposed sign is in conformity with the requirements of this Division and, where applicable, in conformity with the requirements of an approved Site Plan for the property upon which the sign is to be placed.

(iii)

More than one sign on one building or group of buildings located on the same parcel of land may be included on one application provided that all such signs are applied for at one time.

(iv)

After the issuance of an approved sign permit, the applicant may install and display the approved sign(s). Once installed, the Administrator may inspect the sign(s) for conformance with the approved sign permit and this Ordinance.

(2)

Application. An application for a sign permit shall:

(i)

Specify the type of sign to be constructed and the zoning district in which this sign is to be located;

(ii)

Be accompanied with plans including a survey of the property, including measurements of the lot frontage;

(iii)

Indicate the square footage and location of all existing signs on the property;

(iv)

The area, size, structure, design, location, lighting, and materials for the sign; and

(v)

Contain written consent of the owner or lessee of the land or building upon which the sign is to be erected, if not owned by the applicant.

(vi)

Additionally, within the HCOD:

(a)

Signage concepts shall be considered during the design of buildings, so that signage and graphics are architecturally incorporated into those buildings and the site they inhabit. Size, height, location, material, and color shall relate to buildings and site design.

(3)

Duration and Revocation of Permit.

(i)

Any sign permit shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit within 6 months of the date of approval.

(ii)

A sign permit shall become null and void if the use to which it pertains is not commenced within 6 months after the date the sign permit is issued.

(a)

Upon written request and for good cause shown, the Administrator may grant one 6-month extension.

(iii)

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

(iv)

The Administrator shall revoke a sign permit if the sign does not comply with applicable regulations of this Division, building code, or other applicable law, regulation, or Ordinance.

(A)

The following types of signs are prohibited in all zoning districts, unless otherwise specifically permitted in this Ordinance:

(1)

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

(i)

This prohibition shall not affect official traffic, parking, or informational signs placed on utility poles by the County.

(2)

Any sign or banner within or across a public right-of-way, unless specifically approved by the Virginia Department of Transportation (VDOT) and the King George County Board of Supervisors;

(3)

Any sign that, due to its size, illumination, location, or height, obstructs the vision of motorists or pedestrians at any intersection, or similarly obstructs the vision of motorists entering a public right-of-way from private property;

(4)

Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority. Any such sign is subject to immediate removal and disposal by an authorized County official as a nuisance;

(5)

Signs which obstruct any window or door opening used as a means of egress, prevents free passage from one part of a roof to any other part thereof, or interferes with an opening required for ventilation;

(6)

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

(7)

Signs extending above the roofline of a structure, building, or parapet wall;

(8)

Any flashing sign or signs with intermittent lights or lights of changing degrees of intensity or color, except those officially erected for safety purposes;

(i)

This prohibition shall not apply to electronic or digital displays that display messages in intervals of at least 10 seconds.

(9)

Any strings of lights, either outlining any part of a building or affixed to any ornamental feature thereof, except for seasonal holiday displays which are limited to 45 days.

(10)

Any sign of which all or any part is in motion by any means, including fluttering, rotating or other means of movement.

(11)

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

(12)

Signs that violate any provision of any Federal or State law relative to outdoor advertising; and

(13)

Any sign representing or depicting specified sexual activities or specified anatomical areas or sexually oriented goods.

(14)

Any signs greater in size, quantity, or window coverage than provided for in Section 8-6-4, below.

(A)

The following signs are exempt from the provisions of this Division and may be erected or constructed without a permit but shall be in accordance with the structural and safety requirements of the King George County Building Code.

(1)

Governmental Body or Required by Law. Signs erected by a governmental body or required by law, including official traffic signs or sign structures and provisional warning signs or sign structures, and temporary signs indicating danger.

(2)

Message Content. The changing of message content, including message content on a changeable message sign if permitted in the district.

(3)

Small signs.

(i)

Portable Signs. One portable sign per street frontage/business, each portable sign not to exceed 6 sq. ft. in area.

(a)

Portable signs shall in no way obstruct vehicular travel, public parking, and/or pedestrian movement along sidewalks and are removed when the establishment is closed for business.

(ii)

Minor Signs. Two minor signs per street frontage, each minor sign not to exceed 3 sq. ft. in area.

(a)

A minor sign is any wall or freestanding sign not exceeding 3 sq. ft. in area, not exceeding 4 ft. in height, and not illuminated. Examples include no trespassing signs, displays of building address, security warning signs, parking signs, entrance/exit signs, and on-site directional signs.

(iii)

Temporary Signs.

(a)

Temporary signs for events/non-recurring activities, not exceeding 25 sq. ft. in area and erected for not more than 100 consecutive days prior to the event. Temporary signs for events must be located on the lot which the event is taking place or on private property with the permission of the property owner. A maximum of 5 temporary signs for events are permitted per 25 ft. of lot frontage; temporary signs for events may be utilized a maximum of 4 times per calendar year.

(b)

On a property under construction or renovation, for sale, or for rent, temporary signs not exceeding 6 sq. ft. for single- and two-family residential properties or 18 sq. ft. for all other residential, nonresidential, or mixed-use properties.

(iv)

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

(4)

Flag Signs. Flag signs up to 16 sq. ft. in size or up to 50 sq. ft. in commercial and industrial districts, and up to 3 per parcel, provided that the minimum setback for a flagpole is the longest dimension of the pole, in order to prevent the flag or pole falling into the property of another or into a public street, trail, or sidewalk.

(5)

Window Signs. Window signs, provided that no more than 20% of the window is covered and no more than 2 illuminated signs.

(6)

Recreation/Sports Facility Fence Signs. Signs affixed to the interior of a permanent fence of a recreational or sports facility.

(A)

Sign Area Calculation.

(1)

The sign area permitted under this Division is determined by measuring the entire face of the sign, including any background incidental to its decoration, but excluding support elements for the sole purpose of supporting the sign. See Figure VIII-12.

(2)

The sign area shall be calculated using the smallest rectangle, circle, or triangle that can enclose the sign face.

(i)

Rectangle formula: sign area = length (L) x width (W)

(ii)

Circle formula: sign area = πr²

(iii)

Triangle formula: sign area = 1/2 × base (B) × height (H)

(3)

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

(4)

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

(B)

Sign Height.

(1)

The maximum height for signs shall be as provided in Table VIII-7, Table VIII-8, and Table VIII-9, provided in Section 8-6-7, below.

(2)

The height of a sign shall be computed as the distance from the base of the sign at average grade to the top of the highest attached component of the sign.

Figure VIII-12. Sign Area Measurement

(C)

Sign Setbacks.

(1)

Signs less than 10 ft. in height: minimum of 5 ft. from the street right-of-way.

(2)

Signs 10 ft. or greater in height: minimum of 15 ft. from the street right-of-way.

(D)

Illumination.

(1)

All permitted signs may be internally or externally lit.

(2)

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

(3)

Any electrical sign shall display the required UL, ETL, CSA, or ULC label.

(4)

Illumination shall be no greater than 700 nits from sunrise to sunset, or 500 nits from sunset to sunrise and be equipped with automatic brightness control which can dim the display brightness when ambient conditions exist.

(5)

Electronic service lines shall be underground.

(A)

Off-Site Signs. Off-site signs shall comply with the following:

(1)

Off-Site signs shall be permitted, only if written permission, as part of the sign permit application, is provided by the owner of the property where the off-site sign is to be located.

(2)

All off-site signs shall comply with the provisions of the district it is located in and all other provisions of this Division, as applicable.

(3)

Any off-site sign shall count towards the maximum sign limit for that lot which the sign is located on.

(4)

Any off-site sign may only be placed on property that is adjacent to the property for which the sign is for.

(5)

A maximum of 1 off-site sign is permitted per establishment.

(6)

All off-site signs shall meet VDOT standards.

(7)

The Administrator may waive or modify these standards if a hardship or other necessary circumstance warrants.

(8)

Off-site sign permissions do not run with land. King George County bears no responsibility for any off-site sign that is located on property that is sold, of which the new property owner does not give their permission for the off-site sign. In this scenario, the off-site sign shall be removed at the cost and burden of the owner of the sign.

(B)

Changeable Signs. Within any commercial or industrial district, 1 changeable sign per lot shall be permitted, subject to the following requirements:

(1)

The changeable sign may be an existing or proposed freestanding, wall, or projected sign.

(2)

The message shall not be changed more than once every 10 seconds, move, flash, or display animation, as prohibited in this article.

(3)

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

(C)

Projecting Signs.

(1)

Signs projecting over public walkways, including doors and entryways, shall be a minimum height of 8 ft. from average grade to the bottom of the sign.

(2)

Projecting signs shall not extend more than 4 ft. beyond the face of the building or greater than 2 ft. from the curb line towards the building the sign is attached to.

(3)

Signs, architectural projections, or sign structures projecting over vehicular access areas shall have a minimum vertical clearance of 14 ft.

(D)

Temporary Signs.

(1)

Each temporary sign shall be maintained in good, safe condition, securely affixed to a building or the ground.

(2)

Any temporary sign pertaining to an event must be removed within 30 days after the event.

(3)

No temporary sign shall be illuminated.

(A)

The following standards, shown in Table VIII-7, Maximum Sign Dimensions - Agricultural and Residential Districts, Table VIII-8, Maximum Sign Dimensions - Commercial and Industrial Districts, and Table VIII-9, Maximum Sign Dimensions - HCOD, show the maximum sign dimensions, per type of sign, permitted in each district for all by-right and Special Exception uses, subject to all other requirements of this Ordinance.

(1)

Signs requiring a sign permit within planned developments (Resort Community and Mixed-Use districts) will be determined as part of the rezoning process.

(B)

Sign area square footage limits are provided per sign, unless specified as a total.

(1)

Total area is calculated as an aggregate of all signs of that type.

(C)

See Article XI, Definitions, of this Ordinance, for the definitions of the sign types provided in the Tables of this Division.

(D)

For the purposes of Table VIII-7, the Residential Uses shall be those under the Residential category in Table VI-1, Use Matrix, and Non-Residential Uses shall be those under the Agriculture, Public/Civic/Recreation, Commercial, Industrial, and Miscellaneous category of Table VI-1, Use Matrix.

Table VIII-7. Maximum Sign Standards - Agricultural and Residential Districts

¹  Subdivision monument signs may be a maximum of 20 sq. ft.

Table VIII-8. Maximum Sign Standards - Commercial and Industrial Districts

¹ Provided that any 2 signs on the same public street are at least 75 ft. apart.

Table VIII-9. Maximum Sign Standards - Highway Corridor Overlay (HCOD)

¹  Provided that any 2 signs on the same public street are at least 75 ft. apart.

(A)

Nonconforming Signs.

(1)

Any sign legally existing at the time of the effective date of this Ordinance that does not conform in use, location, height, or size with the regulations of the district in which such sign is located, shall be considered legally nonconforming and shall be permitted to continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations:

(i)

A nonconforming sign shall not be enlarged, nor shall any feature of a nonconforming sign such as, illumination, be increased.

(ii)

A nonconforming sign shall not be moved for any distance on the same lot or to any other lot unless:

(a)

Such change in location will make the sign meet all current requirements of this Division; or

(b)

Such change in location is to conform to required setbacks of this Ordinance.

(iii)

A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 50% of its sign area, may be restored within 2 years after such destruction or damage but shall not be enlarged in any manner.

(2)

If such a sign is destroyed or damaged to an extent exceeding 50%, it shall not be reconstructed but may be replaced with a sign that meets all current requirements of this Division.

(3)

Notwithstanding any contrary provision in this Ordinance, no nonconforming sign is required to be removed solely by the passage of time.

(A)

Maintenance, Repair, and Removal.

(1)

Every sign permitted by this Division shall be kept in good condition and repair.

(2)

If a sign is in violation of the provisions of this Ordinance, the owner shall correct such violations and make the sign conform with the provisions of this Division, within 10 days of a Notice of Violation from the Administrator. Signs in violation may include:

(i)

Any that becomes insecure, in danger of falling, or is otherwise deemed unsafe by the Administrator; or

(ii)

Any sign that is unlawfully installed, erected, or maintained in violation of any of the provisions of this Ordinance.

(3)

If within 10 days the Notice of Violation is not complied with, the Administrator shall be permitted to remove or cause such sign to be removed at the expense of the owner of the sign.

(4)

If a sign presents an imminent and immediate threat to life or property, then the Administrator may abate, raze, or remove it, and may bring an action against the responsible party to recover the necessary costs incurred for abating, razing, or removing the sign.

(B)

Removal of Abandoned Signs.

(1)

A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises.

(2)

If the owner or lessee fails to remove such sign, the Administrator shall give the owner 30 days' written notice to remove it.

(3)

Upon failure to comply with this notice, the Administrator may remove the sign at cost to the property owner.

(A)

The standards in this Division are intended to ensure that a minimum amount of required open space is provided in new development for the use and enjoyment of the development's residents, employees, and users in a manner that:

(1)

Preserves the County's natural resources;

(2)

Provides open areas for use as active and passive recreation;

(3)

Reduces the heat island effect of developed areas;

(4)

Provides civic and meeting spaces for use by the public;

(5)

Preserves trees and strands of older growth;

(6)

Enhances stormwater management; and

(7)

Provides other public health benefits.

(A)

General. Unless exempted in accordance with 8-7-2 (B), below, all new development within A-2, A-3, residential, and planned development districts in the County must comply with the standards in this Division.

(B)

Exemptions. The following development is exempted from the standards in this Division:

(1)

Single- and two-family development on individual lots (not part of a Major Subdivision, Planned Development, or Cluster Development);

(2)

Minor Subdivisions;

(3)

Utility uses; and

(4)

Agricultural uses.

(C)

Timing of Review. Review for compliance with the standards of this Division will occur during review of an application for a planned development, Zoning Permit, Special Exception, Building Permit, Certificate of Occupancy, Site Plan, or Subdivision Plat, as appropriate.

(D)

Open Space Plan Required. All development applications subject to review for compliance with the standards of this Division must include an Open Space Plan, which shall designate all open-space areas, including the amount of each type of open space provided, and the relation of each open space area to the constructed areas of the site, including all buildings and circulation systems.

(A)

Development subject to these standards must provide required open space in an amount that meets or exceeds the minimum provided in Table VIII-10, Minimum Open Required Space, based on the district where the development is proposed.

Table VIII-10. Minimum Required Open Space

(A)

The features and areas identified below shall count toward required open space as required by this Division.

(1)

Natural Features.

(i)

Description. Native mixed forests, existing and healthy wooded areas, and natural vegetation.

(ii)

Limitation.

(a)

In agricultural districts, 100% of the required open space may be comprised of natural features.

(b)

In all other districts, only 50% of the required open space shall be comprised of natural features.

(c)

Unless within a Cluster Subdivision, in accordance with Code of Virginia § 15.2-2286.1, as amended, or unless approved through a rezoning, natural areas shall not include streams, rivers, ponds, lakes, wetlands, steep slopes, drainageways, riparian buffers, other riparian areas, or flood hazard areas.

(2)

Passive Recreation Areas.

(i)

Description. Planned and regularly maintained open areas that provide passive recreation opportunities, including arranged plantings, gardens, community gardens, picnic shelters, gazebos, and similar structures.

(ii)

Design Requirements. Passive recreation areas must have at least 1 direct access to a building or to a street or walkway accessible to the development's residents and users.

(3)

Active Recreation Areas.

(i)

Description. Land occupied by areas and facilities used for active recreational purposes, such as ballfields, playgrounds, tennis courts, pools, jogging trails, and community buildings and clubhouses.

(ii)

Design Requirements. Land must be compact and contiguous unless used to link or continue an existing or planned open space resource. Areas must have at least 1 direct access to a building or to a street or walkway accessible to the public or the development's residents and users.

(4)

Required Landscaping and Buffers.

(i)

Description. All areas occupied by required landscape areas and transitional buffers, except for parking lot landscaping.

(ii)

Design Requirements. As provided in Division 2 of this Article.

(5)

Stormwater Management Areas/Facilities Treated as Site Amenities.

(i)

Description. Stormwater management features that are incorporated into a site amenity (e.g., with low fencing, vegetative landscaping, gentle slopes, fountain or other visible water circulation device, and pedestrian access or seating).

(ii)

Limitation. A maximum of 75% of the land area occupied by stormwater management facilities (including retention and detention ponds and other bioretention devices) may be included as open space.

(a)

Within Cluster Developments, pursuant to Code of Virginia § 15.2-2286.1, as amended, stormwater management facilities (whether they are or are not located and designed as a site amenity) may be used in, and count towards, open space.

(iii)

Design Requirements. To qualify, stormwater management facilities must support passive recreation uses by providing access, pedestrian elements such as paths and benches, gentle slopes (less than 3:1), and vegetative landscaping.

(6)

Public Access Easements.

(i)

Description. Public access easements that include paths or trails that are available for activities such as walking, hiking, running, and/or biking.

(ii)

Design Requirements. Such access easements must include at least 1 improved access from a public street, sidewalk, or trail that includes signage designating the access point.

(7)

Squares and Plazas.

(i)

Description. Flat, open areas immediately in front of a building/group of buildings or framed by buildings or streets that provide gathering places, opportunities for outdoor dining, and other similar activities.

(ii)

Design Requirements. A square or plaza must be at least 200 sq. ft., but no more than one acre, in area. It must have at least 1 direct access to a principal building, or to a street or walkway accessible to the public or the development's residents and users. Surrounding principal buildings must be oriented toward the square or plaza where possible.

(A)

The following features and areas will not be counted as required open space for purposes of this Division:

(1)

More than 50% of open space comprised of natural features, for residential and planned development districts, as provide in 8-7-4 (A) (1), above.

(2)

More than 25% of all required Cluster Development setbacks.

(i)

If Cluster Development setbacks are used towards open space, the portion of the setback used as open space must be adjacent to the remaining required open space.

(3)

Yards on lots containing a single- or two-family dwelling, or manufactured home;

(4)

Street rights-of-way, private access easements, or utility easements, including sidewalks located within those rights-of-way or easements;

(5)

Parking areas and driveways, including parking lot landscaping and walkways;

(6)

Land covered by structures, unless designed for active or passive recreational uses;

(7)

Designated outdoor storage areas and mechanical yards; and

(8)

Stormwater management facilities not located and designed as a site amenity, as described in Section 8-7-4, above.

(i)

Within Cluster Developments, pursuant to Code of Virginia § 15.2-2286.1, as amended, stormwater management facilities (whether they are or are not located and designed as a site amenity) may be used in, and count towards, open space.

(A)

Location.

(1)

Required open space must be readily accessible by residents and users of the development to the maximum extent practicable.

(2)

To the extent practicable, a portion of the open space should provide focal points for the development through prominent placement or direct visibility from streets.

(B)

Configuration.

(1)

Required open space must be compact with a minimum of 40% of the required open space contiguous unless:

(i)

A linear configuration is needed to continue an existing trail or accommodate preservation of natural features; or

(ii)

It can be demonstrated that a different configuration provides better access to usable open space for intended users of the open space.

(2)

If the development site is adjacent to existing or planned public trails, parks, or other public open space area, the required open space must, to the maximum extent practicable, be located to adjoin, extend, and enlarge the trail, park, or other public open space area.

(3)

Pedestrian access to required open space must be provided from sidewalks or other pedestrian ways within or adjacent to the development.

(C)

Limitations.

(1)

Development within required open space shall be appropriate to the purposes of the type of required open space.

(2)

All structures within required open space shall comply with setback and other dimensional requirements of the district for which the development is located.

(A)

All required open space must include deed restrictions, covenants, or other legal instruments that ensure continued use of the land for its intended open space purposes and provide for the continued and effective management, operation, and maintenance of the land and facilities.

(1)

Stormwater management facilities treated as site amenities must be maintained to provide for the effective management of stormwater and as a passive recreation.

(B)

Required open space must be maintained by the developer or owner of the project or by a property owners' association comprising owners of the property in the project.

(1)

If property is conveyed to the property owners' association, deed restrictions and covenants, in form satisfactory to the County Attorney, must provide that any assessments, charges, or costs of maintenance of required open space constitute a pro rata lien upon the individual properties inferior in lien and dignity only to taxes and bona fide duly recorded first deeds of trust on each property or lot.

(C)

Required open space may be dedicated to the County for public use only in a manner and form approved by the County.

(D)

Maintenance of natural features is limited to the minimum removal and avoidance of hazards, nuisances, and unhealthy conditions, and the clearing of debris from trails.

The purpose of this Division is to protect the public health, safety, and welfare of the County, and the environment through ensuring that the location and design of private wells and on-site sewage disposal systems are built to sustain and protect natural resources and are incompliance with all other local and State regulations.

Connection to the King George County Service Authority shall be required as provided in the King George County Service Authority Regulations.

(A)

The requirements of this Division shall apply to all new private wells and on-site sewage disposal systems, and any voluntary upgrades, enhancements, or physical additions/expansions to existing systems.

(B)

The repair of a previously permitted on-site sewage disposal system or the replacement of an existing private, well when performed under a valid repair/replacement permit issued by the Virginia Department of Health, shall be exempt from this Division.

(A)

No provision contained in this Division shall be construed to interfere with any requirements that may be imposed by the Virginia Department of Health, and all well and on-site sewage disposal systems shall comply with such requirements.

(B)

Private wells and on-site sewage disposal systems shall not be constructed within the County unless and until a certificate is obtained from the County Engineer stating that a public connection is not accessible to the property and no such water or sewer service is proposed for construction in the immediate future.

(1)

No certificate shall be issued for any private well or on-site sewage disposal system, unless and until a valid construction permit is issued by the Virginia Department of Health.

(C)

All private wells and on-site sewage disposal systems shall comply with the provisions and regulations of the Virginia Department of Health permit, including capacities.

(D)

Building contractors, plumbers, well diggers and well drillers, or any person making installation and/or repairs to existing installations, shall be responsible to the owners of lots for compliance with this Division.

(A)

Location.

(1)

Sewage disposal systems shall be located only where permitted by the Virginia Department of Health.

(2)

Sewage disposal systems shall only be located on the same lot as the structure in which it serves.

(B)

Size. All newly constructed on-site sewage disposal systems shall be sized at or above the minimum number of bedrooms provided on the building plans.

(C)

Reserve Drainfield.

(1)

All newly constructed structures served by on-site sewage disposal systems to which this Division applies shall have a 100% reserve to drainfield in addition to a primary drainfield, unless otherwise exempt in Article V, Overlay District Standards, Division 2, Chesapeake Bay Preservation Area Overlay.

(i)

Said reserve drainfield shall meet the minimum requirements of the Virginia Department of Health regulations in effect and shall be located not less than the minimum safe distance allowed by the Virginia Department of Health regulations for the particular class of existing or permitted well.

(A)

Additional Standards. These standards shall be supplementary to the standards provided in Article VII, Use Performance Standards, of this Ordinance, for Community/Public Water Systems and Shared Water Systems.

(B)

Location.

(1)

All private wells shall be properly located on the lot consistent with the general layout, topography, and surroundings, including abutting lots.

(2)

All private wells shall be sited and setback from structures and other topographic features in accordance with the regulations of the Virginia Department of Health and/or 12VAC5-630-380 of the Virginia Administrative Code.

(3)

All private wells, when possible, shall be setback 15 ft. from all property lines.

(i)

This provision shall not apply when it can be demonstrated to the Virginia Department of Health that the only suitable location for the private well is within the setback of (B) (3), above.

The purpose of this Division is to provide standards to ensure that sidewalks, curb, and gutter are provided within all developed areas in the County for pedestrian safety and connectivity.

(A)

The provisions of this Division shall apply to all new development within commercial, industrial, and planned development districts.

(B)

Sidewalks, curb, and gutter requirements for Subdivisions within agricultural and residential districts is provided in Article X, Subdivision, of this Ordinance.

(A)

Sidewalks, curb, and gutter shall be constructed to meet VDOT standards in effect at the time of the application.

The purpose of this Division is to protect the public health, safety, and welfare of the County, through noise control limits with the intent to protect those that live and/or work in proximity to uses that may produce loud or persistent noise.

The requirements of this Division shall apply to all industrial zoning districts and those uses identified as industrial in Article VI, Division 3, Table VI-1 Use Matrix.

(A)

Industrial uses must meet the standards in Table VIII-11 that are established or approved prior to the approval of the industrial use.

(B)

Industrial uses must also meet the applicable standards of Article VII, Use Performance Standards.

Table VIII-11. Maximum Industrial Use Noise

(A)

Equipment.

(1)

The measurement of sound or noise shall be made with sound level meters Type 1 or Type 2 which meet the standards prescribed by the ANSI. The instruments shall be maintained in calibration and good working order. The slow meter response of the sound level meter shall be used to determine that the average sound level has not exceeded the dBA readings or the limiting noise spectra set forth in Table VIII-11.

(B)

Procedure.

(1)

A calibration shall be made of the system at the time of any noise measurement.

(2)

Measurements recorded shall be taken so as to provide a proper representation of the noise source.

(3)

Unless otherwise specified, the measurement shall be made at the property boundary on which such noise is generated, or at any point within the receiving property affected by the noise.

(4)

The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required.

(5)

A minimum of three sound level readings will be taken. The geometric mean of these readings will be used as the average sound level.

(A)

Initial Testing.

(1)

Uses shall not receive a Certificate of Occupancy until conformance with the requirements of this section is confirmed. After completion of construction and prior to issuance of a Certificate of Occupancy, the Applicant shall submit a sound test prepared by a qualified full member of the Acoustical Society of America (ASA), a Board Certified member of the Institute of Noise Control Engineering (INCE), or other credentialed professionals as approved by the Zoning Administrator. The purpose of such test is to confirm noise levels after completion of construction and prior to issuance of a Certificate of Occupancy meet the general standards provided above and/or any additional use performance standards and conditions associated with the use.

(2)

If the sound test finds that noise levels exceed the maximum permissible dBA stated in this division or any additional use performance standards and conditions associated with the use, then there shall be no commencement of the use and no Certificate of Occupancy shall be issued.

(3)

For projects completed in phases, the above testing requirements shall apply after construction of each phase and prior to the issuance of a conditional, temporary, or final Certificate of Occupancy.

(B)

Annual Testing.

(1)

The Applicant shall submit annually a sound test prepared by a qualified full member of the Acoustical Society of America (ASA), a Board Certified member of the Institute of Noise Control Engineering (INCE), or other credentialed professionals as approved by the Zoning Administrator. Such test shall be submitted to the Zoning Administrator no later than July 1 of each calendar year for the life of the use. The purpose of such test is to confirm that noise levels generated by the industrial use are not exceeding the maximum permissible dBA stated in this Division nor any additional use performance standards and conditions associated with the industrial use.

(2)

If the sound test finds that noise levels exceed the maximum permissible dBA stated in this Division or any additional use performance standards and conditions associated with the use, the Applicant shall have 48 hours to mitigate the violation or the Certificate(s) of Occupancy shall be automatically suspended and the Applicant shall cease the use until such time that the Applicant can demonstrate the noise levels are in compliance with this section.

(C)

Complaint-Based Testing.

(1)

Upon five (5) verified noise complaints to the Zoning Administrator regarding an industrial use within a seven (7) day period, the County shall hire a qualified acoustical consultant to conduct a sound test. The acoustical consultant shall be a full member of the Acoustical Society of America (ASA), a Board Certified member of the Institute of Noise Control Engineering (INCE), or other credentialed professional as determined by the Zoning Administrator. The purpose of such test is to confirm that noise levels generated by the industrial use are not exceeding the maximum permissible dBA stated in this Division nor any additional use performance standards and conditions associated with the industrial use.

(2)

If the sound test results show that noise levels exceed the maximum permissible dBA stated in this Division or any additional use performance standards and conditions associated with the use, the user shall be notified of the violation and shall submit a plan of correction acceptable to the Zoning Administrator within 48 hours of notice or the Certificate(s) of Occupancy shall be automatically suspended and the Applicant shall cease the use until such time that the Applicant can demonstrate the noise levels are in compliance with this section.

(3)

If the plan of correction is accepted by the Zoning Administrator, the user shall mitigate the violation within 30 days from the date of acceptance or the Certificate(s) of Occupancy shall be automatically suspended and the Applicant shall cease the use until such time that the Applicant can demonstrate the noise levels are in compliance with this section.

(4)

Any costs incurred by King George County to conduct complaint-based testing shall be reimbursed by the Applicant.