13-1-1. Land may be used or occupied and buildings or structures may be started, reconstructed, enlarged, or altered only after a zoning permit has been obtained from the administrator. Zoning permits are valid for a period of five years. Agricultural land use, including tree farming is excluded.

13-1-2. Each application for a zoning permit shall be accompanied by two copies of a drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this ordinance, a permit shall be issued to the applicant by the administrator. One copy of the drawing shall be returned to the applicant with the permit.

(Ord. of 12-93; Ord. of 11-28-05(1); Ord. of 9-28-17(3))

Land may be used or occupied and buildings may be structurally altered or erected only after a certificate of occupancy has been issued by the administrator. Such a permit shall state that the building, or the proposed activity, or the use of the land, complies with the provisions of this ordinance. A similar certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this ordinance.

(Ord. of 9-28-17(3))

No special exception is required for any use existing on the effective date of this ordinance. Where permitted by this ordinance, the location of new permitted conditional uses shall require, in addition to the zoning permit and certificate of occupancy, a special exception. These special exceptions shall be subject to such conditions as the board of supervisors deems necessary to carry out the intent of this ordinance. The special exception shall be approved only if it is found that the location is appropriate and not in conflict with the land use plan, that the public health, safety, morals, and general welfare will not be adversely affected, that adequate utilities and off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values.

13-3-1. Substantially the same special exception application shall not be reconsidered within one year of any final action thereon by the board of supervisors.

(Ord. of 12-4-92; Ord. of 9-28-17(3))

If in any district established under this ordinance, a use is not specifically permitted and an application is made by a property owner to the administrator for such use, the administrator shall refer the application to the planning commission which shall make its recommendations to the board of supervisors within 60 days. If the recommendation of the planning commission is approved by the board of supervisors, the ordinance shall be amended to list the use as a permitted use in that district, henceforth, and both planning commission and board of supervisors shall hold a public hearing after advertising in accordance with Code of Virginia, § 15.2-2204.

(Ord. of 11-28-05(1); Ord. of 9-28-17(3))

Whenever there shall be plans in existence, approved by either the state department of highways and transportation or by the board of supervisors, for the widening of any street or highway, the planning commission may require additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Ord. of 9-28-17(3))

There shall be provided, at the time of erection of any building or at the time any main building is enlarged, minimum off-street parking space with adequate provision for entrance and exit by standard sized automobiles, as follows:

13-6-1. In all residential districts there shall be provided, either in a private garage or on the lot, space for the parking of two automobiles for each dwelling unit in a new building, or each dwelling unit added in the case of the enlargement of an existing building.

13-6-2. For churches, high school, college and university auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one parking space for every five of the maximum planned seats to be provided in said building.

13-6-3. For hospitals, at least one parking space for each two beds' capacity, including infants' cribs and children's beds.

13-6-4. For medical and dental offices, at least ten parking spaces. Three additional parking spaces shall be furnished for each doctor or dentist in such offices in excess of three doctors or dentists.

13-6-5. For fraternal lodges, hunting clubs, golf courses, yacht clubs, country clubs, and marinas, at least 25 parking spaces shall be provided. Additional parking may be required by the board of supervisors.

13-6-6. For retail stores selling direct to the public, one parking space for each 300 square feet of retail floorspace in the building.

13-6-7. Parking spaces for post offices, one for each 50 box holders but not less than ten spaces.

13-6-8. Restaurants, one parking space per table or booth plus one parking space for each two employees.

13-6-9. Any other commercial building not listed above hereafter erected, converted or structurally altered shall provide one parking space for each 300 square feet of business floorspace in the building.

13-6-10. Parking space as required in the foregoing shall be on the same lot with the main building, except that in the case of buildings other than dwellings, spaces may be located as far away as 600 feet. Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt or concrete and kept in good repair. It shall have appropriate guards where needed as determined by the administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in a residential district.

13-6-11. Parking requirements shall at no time be considered sufficient for any other use of the premises, and additional spaces shall be provided to meet requirements when there is any change to a different industrial use or to a commercial use.

(Ord. of 9-28-17(3))

The location of permanent and/or temporary trailer parks shall be in accordance with this ordinance.

(Ord. of 11-28-05(1); Ord. of 9-28-17(3))

To insure that the purchaser will have sufficient land, upon which to build a house or other structure flood free, as required in the federal flood insurance program adopted by the board of supervisors on November 27, 1973, the zoning administrator may require the developer and/or seller of the land to provide elevation and flood profiles sufficient to demonstrate the land and site to be completely free of the danger of floodwaters.

(Ord. of 9-28-17(3))

A setback verification survey is required whenever any building or addition is being constructed within a resource protection area or within two feet of any:

1.

Street (right-of-way) setback.

2.

Side yard setback.

3.

Rear yard setback.

4.

Tidal or non-tidal wetland setback.

This survey must be certified by a land surveyor licensed by the Commonwealth of Virginia before an approved foundation (footing) inspection will be granted.

(Ord. of 2-25-93; Ord. of 9-28-17(3))

Sludge and effluent and any other material removed from private or public sewage disposal units or from any manufacturing or processing operations, all hereafter referred to as sludge, shall be disposed of in such manner as not to create menace to public health. The sludge shall be disposed of at a disposal site or points, and in a manner, designated jointly by the county health officer and the administrator in accordance with standards of the state health department and the existing county septic tank ordinance, effective September 1, 1957.

(Ord. of 9-28-17(3))

The historic landmarks shall be preserved in accordance with the Lancaster County historic landmarks commission ordinance effective January 1, 1971.

(Ord. of 9-28-17(3))

For new subdivisions, in no zoning district will a building be allowed that is not designed for public sewer systems unless the involved lot has a valid state approved sewage disposal system permit or letter of certification, not to include permits or certifications for vault or pit privies, and an approved 100 percent reserve site.

(Ord. of 11-13-97; Ord. of 9-28-17(3))

Main structures may be erected across property lines of contiguous unimproved lots which have common ownership.

(Ord. 11-22-93; Ord. of 9-28-17(3))

Any lot legally of record may adjust or modify its boundaries only with the approval of the county planner. These adjustments include either increasing or decreasing the size of the lot or changing the configuration or shape of the lot. The approval of any proposed adjustment or the recordation of any new lot must be issued prior to its recordation in the office of the clerk of the circuit court of Lancaster County.

(Ord. of 2-95; Ord. of 11-14-96(5); Ord. of 9-28-17(3))

Editor's note— An ordinance adopted November 28, 2005, repealed § 13-14 in its entirety. Formerly, such section pertained to payment of delinquent real estate taxes and derived from Ord. of 7-25-96(1).

The placement of an individual manufactured home may be permitted on the same lot as an abandoned single-family dwelling for a period of time not to exceed three years. In order for the single-family dwelling to be considered abandoned, it may not be inhabited and it shall be maintained in appearance.

(Ord. of 11-14-96(6); Ord. of 9-28-17(3))

Effective July 1, 1997, requests for zoning permits concerning family day home provider, five to 12 children will be subject to the following process. First, applicants will have to meet the definition of family day home provider, five to 12 children as stated in Article 1, Definitions. Second, if applicant is licensed by the Virginia Department of Social Services, has their traffic and unloading plan approved, and the zoning administrator receives no negative comments back from neighboring property owners within 30 days of that notification, then the zoning permit will be issued. However, if negative comments are received from neighboring property owners within 30 days of that notification, then the request will be forwarded to the Lancaster County Board of Supervisors for approval or denial.

(Ord. of 9-28-17(3))

Editor's note— An adopted Sep. 28, 2017, amended § 13-16 in its entirety to read as herein set out. Former § 13-16 pertained to family day home provider, six to twelve children, and derived from an ord. adopted June 26, 1997.